DETAILED ACTION
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 .
The applicant's election of Group II, claims 2-11 and 36, with traverse in their reply dated 5/13/2026 is acknowledged. Claims 1 and 12-35 were withdrawn. Claims 2-11 and 36 are considered on the merits below.
Election/Restrictions
Applicant's election with traverse of Group II, claims 2-11 and 36 in the reply filed on 5/13/2026 is acknowledged. The traversal is on the ground(s) that the special technical feature overcomes the prior art. This is not found persuasive because as shown below Regnier et al. (WO 03/027682 A2, provided on the IDS on 3/12/2025) teaches the special technical feature.
The requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
The Information Disclosure Statements filed on 1/5/2024 and 3/12/2025 are in compliance with the provisions of 37 CFR 1.97 and have been considered. An initialed copy of the Form 1449 is enclosed herewith.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 2-9 and 36 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Regnier et al. (WO 03/027682 A2, provided on the IDS on 3/12/2025).
Regarding claims 2 and 36, Regnier describes a collection of compounds, wherein each compound comprises:
moiety X (X); moiety Y (Y); and moiety Z (Z) (figure 5
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X is 1H or 2H, Y is
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, Z is
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);
wherein moiety X comprises an isobaric region, moiety Y comprises an enrichment handle; and moiety Z comprises a thiol-reactive group (figure 5);
wherein moiety Y is the same in each compound in the collection, wherein moiety Z is the same in each compound in the collection, and wherein moiety X differs only in a different placement of heavy isotopes for at least two compounds in the collection (figure 5).
Regarding claims 3, 4, 5, and 6, Regnier describes the collection of compounds of claim 2, wherein each compound further comprises one or more linkers; wherein the one or more linkers comprises an aliphatic chain; wherein the aliphatic chain comprises an alkane or heteroalkane chain; wherein the aliphatic chain comprises the heteroalkane chain, and the heteroalkane chain comprises a polyethylene glycol chain (figure 5 linker:
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).
Regarding claims 7 and 8, Regnier describes the collection of compounds of claim 2, wherein Y comprises a hexapeptide of histidine residues, a phosphorylated region, a fluroalkane,
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, where "b" indicates the point of attachment to the remainder of the compound (figure 5 Y is
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,).
Regarding claim 9, Regnier describes the collection of compounds of claim 2, wherein Z comprises iodoacetamide, maleimide, chloroacetamide, and/or acrylamide (figure 5 Z is
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).
Allowable Subject Matter
Claims 10 and 11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Reference Regnier et al. (WO 03/027682 A2, provided on the IDS on 3/12/2025) describes limitations of claim 2, however fail to teach or suggest the specific structures required by claims 10 and 11.
None of the prior art discovered describes all the limitations alone or in combination, thus the prior art fails to teach or suggest all the limitations of these claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMILY R BERKELEY whose telephone number is (571)272-9831. The examiner can normally be reached M-Th 9-6.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lyle Alexander can be reached at (571) 272-1254. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMILY R. BERKELEY/
Examiner
Art Unit 1796
/CHRISTINE T MUI/Primary Examiner, Art Unit 1797
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