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 I in the reply filed on 2/26/2026 is acknowledged.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 64-73 are rejected under 35 U.S.C. 102(a) and 102(b) as being unpatentable over WO20030113740 A1 to Mirkin. Mirkin teaches synthesizing a block copolymer and a graft polymer (a method of making a graft polymer)) (paragraph [0165]) (ROMP polymer bound to oligonucleotides; abstract; paragraph [0004]), through radical polymerization Mirkin teaches radical polymerization, the method comprising: (i) reacting a plurality of oligonucleotide monomers (paragraph [0004]) with a polymerization catalyst or initiator (reacting ROMP polymers or copolymers in the presence of a metathesis catalyst; paragraph [0004]), wherein each of said plurality of oligonucleotide monomers (plurality of oligonucleotides; multiple strands, paragraphs [0005], [0047]; polymer or block copolymer comprising DNA strands, figures 1, 2; paragraph [0125]) comprises a polymerizable monomer covalently bound to an oligonucleotide (polymerization of monomer (norborene) attached to oligonucleotides (wherein 100% of the polymerized polymerizable monomers are each individually attached directly to the oligonucleotide or to the oligonucleotide through a covalent linker) (paragraphs [0004], [0125]); and (ii) terminating said reacting with a chain terminator or transfer agent (paragraphs [0080], [0178]). Mirkin teaches wherein said oligonucleotide (paragraphs [0005], [0047]) comprises at least 3 nucleobases and at least 2 different nucleobases (oligonucleotide GCGTAAGTCCTA (12 nucleobases; 4 different nucleobases; figure 1; paragraph [0057]). Mirkin teaches wherein said oligonucleotide (paragraphs [0005], [0047]) comprises at least 5 nucleobases and at least 3 different nucleobases (oligonucleotide GCGTAAGTCCTA (12 nucleobases; 4 different nucleobases; figure 1; paragraph [0057]). Mirkin teaches wherein said oligonucleotide (paragraphs [0005], [0047]) comprises at least 10 nucleobases and at least 4 different nucleobases (oligonucleotide GCGTAAGTCCTA (12 nucleobases; 4 different nucleobases; figure 1; paragraph [0057]). Mirkin teaches wherein the polymer comprises a linear (oligonucleotides attached through linear linker; paragraph [0108]) backbone (polymer backbone to which oligonucleotides are attached; paragraph [0112]) comprising a polynorbornyl chain (block copolymers comprising norbornenyl blocks; paragraphs [0005], [0010]). Mirkin teaches wherein the polymer (ROMP polymer bound to oligonucleotides; abstract; paragraph [0004]) has the formula: R1-[M(O)]n-R2 (polymerization monomer (norborene) attached to oligonucleotide prior to polymerization paragraphs [0004], [0125]; modified at the 5' and 3' ends; paragraph [0153]) wherein, n is an integer from 2 to 1000 (one or more blocks; paragraph [0112]; diblock copolymer; paragraph [0111]); M is the polymerized product of the polymerizable monomer (ROMP polymer, abstract; paragraph [0004]; copolymers comprising norborenenyl blocks, paragraphs [0005], [0010])); o is the oligonucleotide (paragraph [0004]); and R1 and R2 are terminal polymer moieties (5' and 3' alkylthiol moieties; paragraph [0153]). Mirkin teaches radical polymerization, controlled radical polymerization, reversible addition-fragmentation chain transfer (RAFT) polymerization, atom transfer radical polymerization (ATRP), ring-opening metathesis polymerization (ROMP) (abstract; paragraph [0004]), anionic and cationic polymerizations, free radical living polymerization, acyclic diene metathesis polymerization, radiation-induced polymerization, ring-opening olefin metathesis polymerization, polycondensation reactions, or iniferter-induced polymerization. Mirkin teaches a graft polymer (ROMP polymer bound to oligonucleotides; abstract; paragraph [0004]) comprising a linear (oligonucleotides attached through linear linker; paragraph [0108]) backbone covalently bound (polymer backbone to which oligonucleotides are attached, paragraph [0112]; diphenylacetylene backbone; figure 3A; paragraph [0144]) to a plurality of oligonucleotides (plurality of oligonucleotides; multiple strands, paragraphs [0005], [0047]; polymer or block copolymer comprising DNA strands, figures 1, 2; paragraph [0125]) wherein said graft polymer (ROMP polymer bound to oligonucleotides; abstract; paragraph [0004]) is assembled by graft-through polymerization (polymerization using ring-opening metathesis polymer (ROMP); paragraph [0004]) of a plurality of oligonucleotide monomers comprising a polymerizable monomer covalently bound to an oligonucleotide (polymerization of monomer (norborene) attached to oligonucleotides; paragraphs [0004], [0125]); and multiple branch points for oligonucleotide attachment (figure 4; paragraphs [0161], [0162]). This anticipates the present claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL W DICKINSON whose telephone number is (571)270-3499. The examiner can normally be reached on M-F 9 AM to 7:30 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Hartley can be reached on 571-272-0616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAUL W DICKINSON/Primary Examiner, Art Unit 1618
June 24, 2026
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