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 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.
Claims 1 to 6 contains the trademark/trade name Linbro. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe a type of plates and, accordingly, the identification/description is indefinite.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rubin et al (Journal of Crytal growth) in view of Takedo (WO 2011013857), Molecular Dimensions and Emadisum.com.
The Rubin et al reference teaches a kit for protein crystallization ,note entire reference. The kit contains a ultra-high conditions scaled up to a screen , note page 157. There are a plurality of coverslips, note page 158. Also, there are greased plates, note page 158. The kit can be used for hanging drop growth, note abstract. There are plurality of recesses, or wells for the growth to occur. The differences between the instant claim and the prior art are the gold nanoparticles in PEG, the Linbro plates and the coverslips with recesses. However, the Takedo reference teaches the use of gold nanoparticles coated in PEG for protein crystallization ,note, translation page 3. The Molecular Dimensions reference teaches Linbro plates for protein crystallization page 1. Emadisum.com reference teaches coverslips with recesses for protein crystallization kits or apparatus, note, page 1. It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to modify the Rubin et al reference by the teachings of the Takedo, Molecular Dimensions and Emadisum.com references to have the gold nanoparticles, Linbro plates and recessed coverslips in the kit or apparatus in order to have a seed for the protein to crystallize on, plates that create a very good seal lowering impurities and more useful cover promoting better overall crystallization.
Claim(s) 2 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rubin et al (Journal of Crytal growth) in view of Takedo (WO 2011013857), Molecular Dimensions and Emadisum.com.
The Rubin et al, Takedo, Molecular Dimensions and Emadisum.com references are relied on for the same reasons stated, supra, and differ from the instant claims number of conditions and recess capacity. However, it would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to modify the combined references to have a set number of screen conditions as the Rubin et al reference teaches multiple screens and is not limited and a size recess for growth in order to allow for multiple chambers and conditions.
Claim(s) 4 to 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rubin et al (Journal of Crytal growth) in view of Takedo (WO 2011013857), Molecular Dimensions and Emadisum.com.
The Rubin et al, Takedo, Molecular Dimensions and Emadisum.com references are relied on for the same reasons stated, supra, and differ from the instant claims in the specific gold properties. However, it would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to modify the combined references to have a gold with differing buffer amounts, particle sizes and self-life in order to have differing conditions of the seed and one that lasts, noting the references do teach gold and PEG.
Claims 7 to 20 stand allowable over the art of record as the prior art does not teach nor render obvious a modified hanging drop method for protein crystallization. The process comprising creating a recess on a coverslip and pouring a target protein solution and a precipitant solution in the recess on the coverslip sufficient to form a drop. The precipitant solution comprises gold nanoparticles. Then inverting the coverslip without disturbing the drop and placing the inverted coverslip onto a sealed well of a greased reservoir. The rim of the reservoir is greased and gently applying pressure on the silicon grease on the rim of the reservoir to create an airtight seal The steps can be repeated with all the buffer combinations listed in the ultra-high conditions. Then allowing the plate to rest undisturbed at a temperature of 18- 22 °C to facilitate crystallization and visually inspecting the plate for crystallization.
Examiner’ Remarks
The remaining references are merely cited of interest as showing the state of the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT M KUNEMUND whose telephone number is (571)272-1464. The examiner can normally be reached M-F 8:00 am to 4:30 pm.
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RMK
/ROBERT M KUNEMUND/Primary Examiner, Art Unit 1714