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 .
Election/Restrictions
Applicant’s election without traverse of claims 1, 2, 17, 44 and 45 in the reply filed on 12/18/2025 is acknowledged.
Claims 20-22, 24-25, 29-31, 40-42, 48-49, 51 and 56 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim Objections
Claim 1 is objected to because of the following informalities: the limitation “core” in line 4 of the claim appears to be repeated. Appropriate correction is required.
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 1-2, 17 and 44-45 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 contains the limitation “the particle core includes (A1) a particle core core”. It is unclear how the “particle core (A)” referred to previously in the claim can contain an a “particle core (A1)” or how these structures are distinct. Furthermore, it is unclear further on in the claim if “the particle core” refers to the structure (A) or (A1).
Claim 1 further contains the limitation “the sensor”. There is insufficient antecedent basis for the limitation. Claim 1 further contains the limitation “the binding group”. There is insufficient antecedent basis for the limitation. Claim 1 further contains the limitation “the molecules of the functional group-containing moiety”. There is insufficient antecedent basis for the limitation. While the claim refers to “a first functional group” and “a second functional group”, neither of these limitations contain an explicit reference to a molecule or moiety”
Due to the divergent potential interpretations, the metes and bounds of the claim are unclear and the claim is therefore indefinite.
Regarding claim 2, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claims 2, 17 and 44-45 are further rejected as being dependent on claim 1.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
Claims 1-2, 17 and 44-45 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Harwanegg et al. (U.S. App. Pub. No. 2019/0079083) (cited in the IDS filed on 05/07/2024).
Regarding claim 1, Harwanegg et al. discloses an antigen array containing antigen-coated beads fixed to a solid support material. (Abstract). The beads (i.e. particle core) (par. [0047-[0050]) are surface modified with functional groups bound to the bead surface such as COOH or NH2 groups (par. [0119], [0147] and [0323]) which are capable of binding to the core and to the antigen material using moieties of the surface modifier. (par. [0137]-[0147] and [0323]). The functional groups therefor include the B-1 functional group capable of binding to the particle core and the B-2 group which would be the antigen and the particle and modifier are integrated through the bonding of the antigen to the functional group on the particle surface.
Regarding claim 2, Hawanegg et al. discloses using the array on a solid support material. (i.e substrate) (Abstract). The modifiers can be used along or in combination and a polymerizable (can be crosslinked and may include amino or carboxyl groups. (par. [0323]).
Regarding claim 17, Hawanegg et al. discloses using the array on a solid support material. (i.e substrate) (Abstract).
Regarding claims 44-45, Hawanegg et al. discloses using the array on a solid support material. (i.e substrate) (Abstract). The support material may include polymer sheets or membranes as layers on a surface. (par. [0171]-[0174]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDRE F FERRE whose telephone number is (571)270-5763. The examiner can normally be reached M-F: 8 am to 4 pm ET.
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/ALEXANDRE F FERRE/Primary Examiner, Art Unit 1788 02/20/2026
