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 Group 1 (claims 1-18, 23 and 24) and species in the reply filed on 07/07/2026 is acknowledged.
No prior art was found for the elected species. The examination was extended to species as claimed in claims 7-11. No prior art was found for species claimed in claims 7-11.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-6 and 12-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dellinger et al. US 2020/0190129.
Dellinger et al. discloses ([0009] and [0019]) an oligonucleotide having a polyfluoronated carbon tag [0009] and [0019], wherein the carbon chain is 1-24 C, and the oligonucleotide is 15-300 nucleotides, wherein the oligo has a linker and alkylene chain (see Figure 7, pages 3, 14, 26, 44-46 and claims). Dellinger et al. discloses wherein the oligonucleotide comprises two fluorinated affinity tags (see page 38 and claims 24, 29 and 34). Dellinger et al. discloses the oligonucleotide can comprise a biotin ([0019], and claim 6). In some embodiments, the orthoester linker reacts with the 5′-hydroxyl of an oligonucleotide, thereby attaching to the 5′-hydroxyl of the oligonucleotide. Thus, in some embodiments, the orthoester linker is attached at the 5′-hydroxyl of the oligonucleotide. In some embodiments, the orthoester linker reacts with the 3′-hydroxyl of an oligonucleotide, thereby attaching to the 3′-hydroxyl of the oligonucleotide. Thus, in some embodiments, the orthoester linker is attached at the 3′-hydroxyl of the oligonucleotide. In some embodiments, the orthoester linker is attached to a hydroxyl group present on a nucleotide base [0141] (this is viewed to be inclusive of claims 3-4 and 12).
With regards to claims 14-15, it appears to merely define routine matter for the skilled person working in this field because when an oligonucleotide probe is introduced to a sample, its specific sequence will inherently form stable hydrogen bonds with its complementary target sequence. This specific binding allows the probe to attach to its intended genetic target.
Claim(s) 1-4, 12-15, 23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Berry et al. US 2010/087634 A1
Berry et al. discloses ([0022]) a polyfluorinated tagged oligonucleotide, and a separation medium, both having a polyfluorinated carbon chain characterized by the formula I-IV ([0026]) having 1-4 carbons, and (Fig. 10) 10-100 nucleotides, wherein the fluorous tagged oligonucleotide may have a linker (example 2 compound 14 and claims).
Berry et al. teaches that the tagged oligonucleotide can comprise a fluorescent , a quencher or a biotin [0026]; [0061]-[0064].
Berry et al. teaches examples of such permanently fluorous-tagged oligonucleotide reagents that could be installed internally or at the 5'- or 3'-termini are shown to include quenchers of fluorescence such as dabcyl. The incorporation of such quenchers of fluorescence into an oligonucleotide is important in the conventional generation of fluorescent hybridization probes such as molecular beacons, and the installation of a fluorous-tagged variant of such probes would facilitate the purification thereof [0136]-[0138].
Berry et al. discloses in [0162]-[0167] and Fig. 9, the use thereof in a method for enriching target nucleic acids in a mixture of a population of nucleic acids.
Berry et al. further discloses ([0012]-[0017]) a method for the purification of oligonucleotides synthesized from one or more such reagents which takes advantage of the heightened affinity between the at least one fluorous group and the separation media.
With regards to claims 14-15, it appears to merely define routine matter for the skilled person working in this field since when an oligonucleotide probe is introduced to a sample, its specific sequence will inherently form stable hydrogen bonds with its complementary target sequence. This specific binding allows the probe to attach to its intended genetic target.
Claims 7-11, 16-18 and 24 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEZIA RILEY whose telephone number is (571)272-0786. The examiner can normally be reached 7:30-6:00pm.
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/JEZIA RILEY/ Primary Examiner, Art Unit 1681 23 July 2026
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