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 .
The preliminary amendment filed 12/30/2024 is acknowledged. Claims 3-9 and 11 are amended. Claims 1 and 12-15 are cancelled. Claims 2-11 are pending and are currently under examination.
Information Disclosure Statement
The information disclosure statements filed on 12/30/2024 have been considered. Signed copies are enclosed.
Claim Objections
Claim 7 is 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.
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) 2-6 and 8-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bell et al (Appl. Environ. Microbiol., 64:1669-1672, 1998, IDS filed 12/30/2024).
The instant claims are drawn to methods of identifying a hybrid organism comprising mating a first and second organism where the first organism is labelled with dye A and the second is labelled with dye B.
Bell et al disclose a method of identifying hybrid organisms by mating Saccharomyces strains where different strains are labelled with various dyes including BR orange, CT green and CT BODIPY (see page 1669, Materials and Methods). BODIPY is a succinimidyl ester-coupled dye. The strains are mated at 20 degrees C, which is at least 5 degrees C below the optimal growth temperature and the cells are selected and isolated using FACS (see page 1669, Materials and Methods). The cells were identified by their dye color and diploid cells were used (according to applicant in the instant specification). After an initial round of sorting to isolate dual-labelled hybrid cells from single-labelled cells, the cells were centrifuged, resuspended, and subjected to a second round of sorting to isolate dual-labelled cells from single-labelled cells (see page 1670, column 1).
Conclusion
No claim is allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brian J Gangle whose telephone number is (571)272-1181. The examiner can normally be reached M-F, 9-6:30.
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/BRIAN GANGLE/Primary Examiner, Art Unit 1645
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