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 1-18 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 is vague. In line 3, the recitation of “the part” lacks antecedent support. In line 12, the recitation of “the reaction” lacks antecedent support.
Claim 6 is vague as to what comprises a “function protein” vs a non-functional protein. The metes and bounds of what is encompassed by “functional protein” is not clear.
Claims 9 and 13 are vague. In line 1 of each claim, the phrase “the washing step, the washing” is not clear.
Claims 10 and 14 are vague. In line 1 of each claim, the phrase “the detection step, the detection” is not clear.
Claim 11 is vague. In line 12, the recitation of “quickly” is a relative term. It is not clear as to what time frame is considered “quickly”.
Allowable Subject Matter
Claims 1-18 are free of the prior art of record. The closest prior art is Nakatani (US 2021/0302350 A1) which discloses a biosensor comprising a substrate (10) that supports counter electrode (11) and working electrode (12). Working electrode (12) has a region (13) and supports receptor for binding a detection target. Receptor region (13) is aligned below an opening (18) in flow guiding layer (16). A spacer layer (15) has a sample supply port (17) which carries sample by capillary action toward opening (18) to drop directly onto receptor region (13) ([0060] and [0099]). However, opening (18) is not for direct application of sample to region (13) which contains receptor for binding to a target. Sample enters the biosensor by supply port (17) and flows to region (13) by capillary action. Opening (18) functions as a venting hole to facilitate the capillary action that brings sample in from supply port (17) and does not form a microfluidic channel to region (13).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER L CHIN whose telephone number is (571)272-0815. The examiner can normally be reached Monday - Friday, 10:00am - 6:30pm.
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/CHRISTOPHER L CHIN/Primary Examiner, Art Unit 1677
8/21/2026
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