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 .
DETAILED ACTION
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 34 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.
The recited various abbreviated quenching moieties of claim 34 other than those
described in para. [0117] of the instant specification would be indefinite.
Applicant asserts that EDQ would be immediately recognize by one of ordinary skill in the art as Eclipse Dark Quencher by submitting Glen Research data Sheet 2021.
The Glen Research data Sheet 2021 does not teach “EDQ” or “Eclipse Dark Quencher” contrary to statement.
Material Safety Data Sheet teaches that 505Q-carboxylic acid is product name and product description is not available. It also teaches that CAS-No. is not available.
Material Safety Data Sheet by DYOMIC submitted by applicant teaches that 425Q-carboxylic acid is product name and product description is not available. It also teaches that CAS-No. is not available.
Thus, the recited various abbreviated quenching moieties of claim 34 other than those described in para. [0117] of the instant specification since un-defined abbreviated quenching moieties are product names or tradenames which are not allowed in the claim.
CLAIM ALLOWANCE
Claims 1, 2, 4, 6, 8, 10, 13, 16, 20, 22, 23, 27, 28, 33, 36, 38, 40, 41 and 50-54 are allowed since applicant’s arguments that the amended claims reciting presence of both M1 and M2 and an absorption maximum in a range of from 320 nm to 380 nm are neither taught nor fairly suggest by the prior art of record are found persuasive.
THIS ACTION IS MADE FINAL. 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 TAE H YOON whose telephone number is (571)272-1128. The examiner can normally be reached Mon-Fri.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Jones can be reached at (571)270-7733. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TAE H YOON/Primary Examiner, Art Unit 1762
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