DETAILED CORRESPONDENCE
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 .
This action is in response to the papers filed October 22, 2205. Currently, claims 1-11 are pending.
Priority
This application claims priority to
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Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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 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.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zheng et al. (US 208/01099916, August 21, 2008).
Zheng teaches multiplex targeted amplification using FLAP nuclease. Zhen teaches a method for detecting target region using a double flap structure. As seen in Figure 2, the overlapping region is the “TTGC” present in both SEQ ID NO: 2 and SEQ ID NO: 3 and SEQ ID NO: 1 has the AACG complement. Zhen teaches single stranded DNA specific exonucleases may be added together with 5’ flap nucleases (para 91). The enzymes nick the sequence and the ends may be ligated (para 91). Thus, the circular probe comprises both a HR1 and HR2 region that block hybridization.
With respect to Claims 2 and 8, the removable region comprises about 12 bases. The overlapping region is 4 bases.
With respect to Claims 3 and 7, the method is used to analyze a SNP in the target sequence (para 53).
With respect to Claim 4, the HR2 comprises a cleavage substrate.
With respect to Claims 5 and 9, Zheng teaches the enzyme is a FLAP nuclease (Figure 2, Figure 3).
With respect to Claim 6, the first and second regions abut each other as illustrated in Figure 2.
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Conclusion
No claims allowable over the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEANINE ANNE GOLDBERG whose telephone number is (571)272-0743. The examiner can normally be reached Monday-Friday 6am-3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wu-Cheng Winston Shen can be reached on (571)272-3157. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEANINE A GOLDBERG/Primary Examiner, Art Unit 1682
August 21, 2026
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