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 present application is being examined under the pre-AIA first to invent provisions.
DETAILED ACTION
Status of the Claims
Claims 2-21 are pending and the subject of this NON-FINAL Office Action. This is the first action on the merits.
Double Patenting- Obvious Type
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Instant claims 2-21 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over conflicting claims 1-19 of US 11926863.
The instant claims are obvious over the conflicting claims because the conflicting claims anticipate the instant claims. More specifically, the conflicting claims teach:
1. A method of analysis for aldehyde fixed cells comprising:
providing a substrate comprising a plurality of capture regions, wherein a capture region of the plurality of capture regions comprises:
a plurality of antibodies capture moiety and a plurality of barcode molecules, wherein a barcode molecule of the plurality of barcode molecules comprises a common barcode sequence and an analyte a nucleic acid binding sequence;
contacting a plurality of aldehyde fixed cells with the substrate, wherein an aldehyde fixed cell of the plurality of aldehyde fixed cells binds to an antibody of the plurality of antibodies, thereby generating a captured aldehyde fixed cell at the capture region;
applying a polydimethyl siloxane permeable coating to the substrate, thereby immobilizing the captured aldehyde fixed cell;
reversing fixation of the aldehyde captured fixed cell at the capture region to release a plurality of nucleic acids from the captured aldehyde fixed cell and hybridizing a nucleic acid of the plurality of nucleic acids to the nucleic acid binding sequence of the barcode molecule; and
generating a plurality of barcoded molecules from the plurality of nucleic acids and the plurality of barcode molecules, wherein a barcoded molecule of the plurality of barcoded molecules comprises the common barcode sequence, or a complement thereof, and a sequence corresponding to the nucleic acid, or a complement thereof.
2. The method of claim 1, wherein the common barcode sequence is unique to the capture region.
3. The method of claim 1, wherein the nucleic acid binding sequence comprises a poly(dT) sequence, a random sequence or a targeted sequence.
4. The method of claim 1, wherein the plurality of aldehyde fixed cells comprises a plurality of labeled aldehyde fixed cells.
5. The method of claim 4, wherein a labeled aldehyde fixed cell of the plurality of labeled aldehyde fixed cells includes comprises a label, wherein the label comprises a labeling moiety and a protein.
6. The method of claim 5, wherein the capture region of the plurality of capture regions comprises the antibody which specifically binds to the protein.
7. The method of claim 5, wherein the labeling moiety comprises a moiety selected from the group consisting of a lipid, a dye, a peptide, an antibody, and a nanoparticle.
8. The method of claim 1, wherein the plurality of nucleic acids comprises RNA.
9. The method of claim 8, wherein the plurality of nucleic acids comprise messenger RNA (mRNA).
10. The method of claim 1, further comprising providing a protein binding agent to the aldehyde fixed cell, wherein the protein binding agent is capable of specifically binding to a polypeptide from the aldehyde fixed cell.
11. The method of claim 10, wherein the protein binding agent comprises a reporter molecule corresponding to the protein binding agent.
12. The method of claim 11, wherein the reporter molecule is an oligonucleotide comprising a reporter sequence.
13. The method of claim 12, wherein the nucleic acid binding sequence comprises a sequence that is complementary to the reporter sequence.
14. The method of claim 10, wherein the protein binding agent is provided prior to contacting the plurality of aldehyde fixed cells with the substrate.
15. The method of claim 10, wherein the protein binding agent comprises an antibody.
16. The method of claim 1, wherein the barcode molecule further comprises a unique molecular identifier.
17. The method of claim 1, wherein generating the barcoded molecule from the nucleic acid of the plurality of nucleic acids comprises extending the barcode molecule.
18. The method of claim 17, wherein the extending comprises use of a reverse transcriptase or a polymerase.
19. The method of claim 18, further comprising determining the sequence of the common barcode sequence, or a complement thereof, and all or a portion of the nucleic acid, or a complement thereof.
“[A]pplying a polydimethyl siloxane permeable coating to the substrate, thereby immobilizing the captured aldehyde fixed cell” is a species of “coating” of the instant claims. Thus, the conflicting claims anticipate the instant claims because the conflicting claims teach the same method using a species of coating.
Prior Art
The following prior art is pertinent: US20180245142; US 20210246492.
Conclusion
No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Aaron Priest whose telephone number is (571)270-1095. The examiner can normally be reached 8am-6pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gary Benzion can be reached at (571) 272-0782. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AARON A PRIEST/Primary Examiner, Art Unit 1681
Prosecution Insights