Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Claim Status
Claims 2-16, 19, 24-25, 31 and 33-35 are pending. Claims 1, 30 and 32 have been canceled. Claims 3, 9, 11, 13, 15-16, 19, 24-25, 31 and 34-35 have been amended. Claims 2-16, 19, 24-25, 31 and 33-35 are being examined in this application.
Claim Objections
Claims 15 and 31 are objected to because of the following informalities: Claim 15 should be amended to recite “A peptide comprising or consisting of Appropriate correction is required.
Claim Rejections - 35 USC § 112
The rejection of claims 19 and 24-25 under 35 USC 112(a) is withdrawn in view of the amendments to the claims.
The rejection of claims 19, 24-25 and 34-35 under 35 USC 112(b) is withdrawn in view of the amendments to the claims
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
This is a new rejection.
Claim 35 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 35 is drawn to a method for diagnosing coronavirus infection by administering the peptide according to claim 3, wherein the method comprises preparing a labeled peptide with an enzyme, a radioactive substance, a fluorescent material, or a labeled antibody, administering the labeled peptide to a subject, and detecting the labeled peptide.
It is unclear whether the peptide of claim 3 or a labeled peptide is being administered. IF Applicants intended to claim the administration of a labeled peptide, the claim should be amended as follows:
“A method for diagnosing coronavirus infection comprising a labeled peptide comprising the peptide according to claim 3labeled with an enzyme, a radioactive substance, a fluorescent material, or a labeled antibody; and detecting the labeled peptide”.
Claim Rejections - 35 USC § 102
The rejection of claims 1, 16 and 19 under 35 U.S.C. 102(a)(1) as being anticipated by DeMarco et al. is withdrawn in view of the amendments to the claims.
The rejection of claim 1 under 35 U.S.C. 102(a)(1) as being anticipated by Brust et al. is withdrawn in view of the amendments to the claims.
Allowable Subject Matter
Claims 2-14, 16, 19, 24-25, and 33-34 are allowed.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SERGIO COFFA whose telephone number is (571)270-3022. The examiner can normally be reached M-F: 6AM-4PM.
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/SERGIO COFFA Ph.D./
Primary Examiner
Art Unit 1658
/SERGIO COFFA/Primary Examiner, Art Unit 1658
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