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 .
Claim Rejections - 35 USC § 112
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.
Claim 22, 24, 26 and 37-47 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 22 recites in line 6 (subsection (c)) that the cartridge to be prepared for re-use comprises “at least one cryoprotectant”.
However, claim 22 also recites in line 10 “washing the matrix in a buffer comprising the at least one cryoprotectant”.
Thus it is not clear how the cartridge both comprises “at least one cryoprotectant” (in line 6) as well as comprises a matrix that is washed in a buffer that comprises the same “at least one cryoprotectant”. For examination purposes, the claim will be interpreted to mean that the matrix is washed in a buffer that comprises the same type of cryoprotectant as recited in line 6, or that comprises a cryoprotectant [rather than the same cryoprotectant recited in line 6.]
Moreover, the term “room temperature” in claim 24 renders the claim indefinite since the term “room temperature” is not defined by the claim, the specification does not provide a standard for ascertaining what temperature or temperature range constitutes “room temperature”, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Examiner notes that while the term “room temperature” may have been often used in the art, there is no definite meaning to “room temperature” in the art, and thus the term is unclear. Room temperature can vary depending on the setting and/or thermostat set for the room. The limitation of “room temperature” renders the claim indefinite since the meaning of the term cannot be ascertained.
The remaining claims are rejected since they depend from claim 22, which is vague for the reason set forth above, without clarifying the vagueness.
Allowable Subject Matter
Claim 22 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claim 24, 26 and 37-47 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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.
It was not found in the prior art search a teaching or suggestion for a method of preparing a previously used cartridge for re-use,
wherein the cartridge comprises: a) a matrix, b) detection molecules attached to the matrix, wherein the detection molecules specifically bind to an analyte, and c) at least one cryoprotectant,
the method comprising,
after analyte has been eluted from the cartridge, washing the matrix in 1-10% acetic acid, 1% formic acid, or 1% trifluoroacetic acid (TFA);
washing the matrix in a buffer comprising [a] cryoprotectant; and
allowing the matrix to dry.
Examiner notes that the present application claims priority to Provisional application no. 63116575 (filed 11/20/20) which discloses the presently claimed invention in paragraphs 0005 and 0006.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pollock et al. “Sensitive and Quantitative Detection of MHC-I Displayed Neoepitopes Using a Semiautomated Workflow and TOMAHAQ Mass Spectrometry” 2021, Mol Cell Proteomics 20, 100108. This reference discloses a cartridge washed with 1% acedic acid. To make dried cartridges, an additional wash with trehalose was made, and the cartridge dried. Reused wet cartridges were primed with 1% acetic acid, and washed with water before reuse. Page 4, first full para.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ann Montgomery whose telephone number is (571)272-0894. The examiner can normally be reached Mon-Fri, 9-5:30 PM PST.
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, Greg Emch can be reached at 571-272-8149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Ann Montgomery/Primary Examiner, Art Unit 1678
Prosecution Insights