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
Claims 1-10 are pending in the application. Claims 1-10 are rejected. Claims 2 and 8-10 are objected to.
Priority
This application is a continuation of International Application No. PCT/CN2023/112569, filed on August 11, 2023.
Claim Objections
Claims 2 and 8-10 are objected to because of the following informalities:
Claim 2 should be amended to recite, “A preparation method for [[of]] the rhodamine-methylene blue derivative fluorescent probe of claim 1, comprising...” for sake of clarity and consistency.
Claim 8 should be amended to recite, “...by using the rhodamine-methylene blue derivative fluorescent probe of claim 1” for sake of clarity and consistency.
Claim 9 should be amended to recite, “An application method of the rhodamine-methylene blue derivative fluorescent probe of claim 1” for sake of clarity and consistency.
Claim 10 should be amended to recite, “An application method of the rhodamine-methylene blue derivative fluorescent probe of claim 1” for sake of clarity and consistency.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
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 1-10 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.
Claim 1 recites the expression “having the following structural formula” and is rejected as indefinite. The term “having” is open-ended; therefore, it is unclear what additional, unrecited elements- if any- Applicant intended the claim to encompass. It is suggested Applicant replace the aforementioned open-ended expression with a closed-ended transitional phrase which limits the claim to the recited rhodamine-methylene blue derivative structural formula. Dependent claims 2-10 do not correct this issue of indefiniteness and are hence rejected.
Claim 2 recites the limitation “adding an organic solution including rhodamine B-(2-aminoethyl) piperazine” and is rejected as indefinite. It is unclear whether Applicant intended the “rhodamine B-(2-aminoethyl) piperazine” to be further limiting of the “organic solution.” Dependent claims 3-7 do not correct this issue of indefiniteness and are hence rejected.
Claim 5 recites “a solvent for the organic solution including the RhB-AP” and is rejected as indefinite. It is unclear whether Applicant intended the “RhB-AP” to be further limiting of the “organic solution.”
Claim 8 recites the limitation “the ClO- and the ATP in cells” and is rejected as indefinite. There is insufficient antecedent basis for this limitation in the claim as neither claim 8 nor parent claim 1 provides for ClO- and ATP in cells.
Allowable Subject Matter
Claim 1-10 are free of the prior art and would otherwise be allowable if amended to overcome the claim objections and/or claim rejections under 35 U.S.C. § 112(b) as indicated above.
Conclusion
No claims are allowed.
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/D.M.S./Examiner, Art Unit 1626
/REBECCA L ANDERSON/Primary Examiner, Art Unit 1626
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