DETAILED ACTION
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 .
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.
Claims 85 and 91 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 85 recites the limitation "the detectably labeled probes" in line 3. There is insufficient antecedent basis for this limitation in the claim. Claim 91 depends from claim 85 and is rejected for the same reason.
Claim 92 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.
Claim 92 recites the limitation "the crosslinkable moiety" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 88 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.
Claim 88 recites the limitation "the interstrand crosslink between the reporter region and the complementary reporter hybridization region" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. Likewise, there is insufficient antecedent basis for “the complementary reporter hybridization region” in lines 2 and 3-4.
Claims 89-90 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 89 recites the limitation "the interstrand linkage" in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 81, from which claim 89 depends, refers to an interstrand “crosslink”, not “linkage”. In addition, there is insufficient antecedent basis for “the…detectably labeled probes” in line 3. As claim 90 depends from claim 89, it is rejected for the same reasons.
Claims 93-95 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 93 recites the limitation "the interstrand linkages" in line 3. There is insufficient antecedent basis for this limitation in the claim. Claim 81, from which claim 93 depends, refers to an interstrand “crosslink”, not “linkage”. As claims 94 and 95 depend from claim 93, they are rejected for the same reason. Note that claim 94 also uses the term “the interstrand linkages”.
Conclusion
Claims 81-84, 86, 87, 96-100 are allowed. Claims 85, 88-95 are free of the prior art but rejected for other reasons. The closest prior art is exemplified by Player (2001), who performed branched DNA hybridization to detect target nucleic acids in biological samples. However, Player did not hybridize the completed complex to target nucleic acids, but rather built the complex by successive hybridization of target probe, preamplifier (corresponding to the claimed “first nucleic acid strand”), amplifier (corresponding to the claimed “plurality of second nucleic acid strands”), and AP label probes (corresponding to the claimed “detectably labeled probes”). Moreover, there is no teaching or suggestion in the prior art to cross-link the preamplifier and amplifier strands in a branched DNA assay.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL C WOOLWINE whose telephone number is (571)272-1144. The examiner can normally be reached 9am-5:30pm.
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/SAMUEL C WOOLWINE/Primary Examiner, Art Unit 1681
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