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 .
Response to Arguments
Applicant's arguments, filed February 6, 2026, have been fully considered but they are not deemed to be fully persuasive. The following rejections and/or objections constitute the complete set presently being applied to the instant application.
Applicants arguments regarding claims 2-6 and the rejection under 35 USC 112(b) are noted but these claims were rejected under 35 USC 112(d), not 35 USC 112(b). However, the amendments to the claims have resolved the issue under 112(d) as all claims now depend from a claim previously set forth. A dependent claim must refer to an earlier numbered claim. See 37 CFR 1.75(c) and MPEP § 608.01(n). Therefore in view of the claim amendments, the rejection under 35 USC 112(d) has been withdrawn.
Drawings
The drawings were received on February 6, 2026. These drawings are acceptable.
Specification
The disclosure is objected to because:
The use of the terms BODIPY®, LUDOX®, HP-INNOWax®, PoraPak®, QuantiNova® SYBR GREEN®, TWEEN® 20, Molecular Imager®, Gel Doc™, Triton™ X-100, ProLong Diamond®, SlowFade Diamond®, LSM 780®, ELYRA PS.1®, Axio Observer®, ZEN®, IVIS™, Rigaku®, JASCO®, and ShinCarbon ST®, which are a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Applicants amended the specification filed February 6, 2026 and the terms include proper symbols indicating use in commerce.
Applicants did not add the corresponding generic terminology. The terms should be accompanied by appropriate generic terminology. Therefore, the issues have not been fully resolved and the specification remains objected to.
Appropriate correction is required.
Conclusion
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 JONG HWAN BAEK whose telephone number is (571)272-0670. The examiner can normally be reached Mon - Thu, 9 am - 3 pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael G Hartley can be reached at 571-272-0616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONG HWAN BAEK/Examiner, Art Unit 1618
/Nissa M Westerberg/Primary Examiner, Art Unit 1618