The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1 and 3-13 are 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. With respect to claim 1, the structural relationship between the phosphor moiety and the structure represented by General Formula (I) is not clear. Is the phosphor moiety bonded with the structure represented by General Formula (I), associated with it in another way or completely separate from it. Furthermore, if the phosphor moiety is bonded to or associated with the structure represented by General Formula (I), it is not clear what part of General Formula (I) is bonded to and/or associated with the phosphor moiety.
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.
Claims 1, 3-4, 7-10 and 12-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by De Mendez (US 2003/0108975). In the De Mendez patent publication, the scope of the claims, paragraphs [0004], [0058]-[0061], [0073], and SEQ ID NO: 3) describe a proton-rich peptide labeled with a first fluorescent marker. The peptide has the structure described in Claims 13 and 14, paragraphs [0058]-[0061], and SEQ ID NO: 3. The peptide interacts with an SH3-containing peptide (biological substance), and that the labeled marker is covalently bonded to the N or C terminal of the peptide (paragraph [0073]. For example, the amino acid sequence of ProProProArgProPro in the proton-rich peptide of SEQ ID NO: 3 satisfies the provisions of instant claims 1, 3, 4, and 7-10 based on the description in paragraph [0048] of the description of the present application. Therefore, the invention of instant claims 1, 3, 4, 7-10, 12, and 13 is anticipated.
Claims 1-2, 4, 7-8, 10, and 12-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee (US 2005/0245726). In the patent publication, the molecular structures shown in figures 1, 2A-2E and 3A-3E peptide labeled with a first fluorescent marker. The peptides are capable of interacting with a variety of biological substances (see at least paragraphs [0029]-[0034], and that the labeled marker is covalently bonded to the N or C terminal of the peptide (see the respective structures in the above figures). Instant claims 1-2, 4, and 7-8 and 10 based on the description in paragraph [0048] of the description of the present application. Therefore, the invention of instant claims 1-2, 4, 7-8, 10, and 12-13 is anticipated.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited art relates to fluorescent molecules including peptide linkers/spacers. Of particular interest are the Lakowicz Patent publication teaching a polyproline spaced for a fluorescent molecule and the Cordes papers teaching a polyproline structure within the scope of instant claim 1 that was investigates for electron transfer. Also of interest is the Schreier paper.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Arlen Soderquist whose telephone number is (571)272-1265. The examiner can normally be reached 1st week Monday-Thursday, 2nd week Monday-Friday.
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/ARLEN SODERQUIST/Primary Examiner, Art Unit 1797
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