Claims 1-17 are pending in this application.
DETAILED ACTION
Notice of Pre-AIA or AIA Status
1 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
2 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 1-17 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 indefinites because the claim recites a biomolecule comprising a monovalent compound having the formula, wherein R13 is the biomolecule. It is unclear what is the biomolecule that represents R13?. Clarification or correction is required.
Claims 14 and 15 are indefinite because the claims recite chemical compounds ended with symbol “
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” . It is unclear what the groups or radicals represented by the symbol?. The structure chemical formulae of the recited compounds are incomplete. Correction is required.
Claims 14 and 15 recite chemical compounds that represent the claimed formula in claim 1. There is insufficient antecedent basis for this limitation in the claims, because claims 14 and 15 recite structural chemical compounds having a substituted amide “-C(O)NH-”. Wherein claim 1 recites L1 as a covalent linker. Claim 1 does not define covalent linker L1 as a substituted amide radical “-C(O)NH-” . Correction is required.
Claims 2-13 and 16-17 dependent upon rejected base claim. Therefore, claims 2-13 and 16-17 are rejected as well.
Claim Rejections - 35 USC § 102
3 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.
4 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, 3 and 7-11 are rejected under 35 U.S.C. 102(a)1 as being anticipated by Lee Linda (US 6358684 B1) .
Lee Linda (US’ 684 B1) teaches a fluorescent compound having the following formula:
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Which is identical to the claimed formula in claim 1, when in the claimed formula, R2 and R4 be jointed to form unsubstituted heterocycloalkyl and R1 and R3 be jointed to form unsaturated heterocycloalkyl, R5 and R6 be jointed to form unsubstituted heterocycloalkyl, R5 and R7 be jointed to form unsubstituted heterocycloalkyl, R10 is COOH group and L1 and R13 represent COOH covalent linker attached to hydroxyl radical (biomolecule) as claimed in claims 1, 3 and 11 (see Sheet 8, compound ROX). Lee Linda (US’ 684 B1) teaches a compound having a chemical structure identical to the claimed formula, which inherently should act as a protein, an antibody and be in a cell and in a tissue as claimed in claims 7-10. Lee Linda (US’ 684 B1) teaches all the limitations of the instant claims. Hence, Lee Linda (US’ 684 B1) anticipates the claims.
5 Claims 1-2 and 7-10 are rejected under 35 U.S.C. 102(a)1 as being anticipated by Kemnitzer et al. (US 20190100653 A1).
Kemnitzer et al. (US’ 653 A1) teaches the following compound:
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Which is identical to the claimed formula recited in claim 1, when in the claimed formula, R1 and R5 are hydrogen atoms, R2 and R6 are substituted aryl radicals, R4 and R8 are -SO3H radicals, R10 is a hydrogen atom, Z10 is 1, R11 and R12 are hydrogen atoms and L1 is a linker as claimed in claims 1-2 (see page 12, formula 5). Kemnitzer et al. (US’ 653 A1) teaches a compound having a chemical structure identical to the claimed formula, which inherently should act as a protein, an antibody and be in a cell and in a tissue as claimed in claims 7-10. Kemnitzer et al. (US’ 653 A1) teaches all the limitations of the instant claims. Hence, Kemnitzer et al. (US’ 653 A1) anticipates the claims.
6 Claims 1-2, 4-13, 16 and 17 are rejected under 35 U.S.C. 102(a)1 as being anticipated by Polukhtin et al. (US 20210214338 A1).
Polukhtin et al. (US’ 338 A1) teaches a compound having the following chemical formula:
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Which is identical to the claimed formula recited in claim 1, when in the claimed formula, R1, R2, R5 and R6 are unsubstituted alkyls, R3, R4, R7, R8, R11 and R12 are hydrogen atoms, R10 is -COOH group and a linker is -C(O)NH- and R13 is a biomolecule as claimed in claims 1-2, 4-6 and 11-13 (see page 30 compound 27). Polukhtin et al. (US’ 338 A1), wherein the biomolecule is a protein, biological cell and antibody as claimed in claims 7-10 (see page 4, paragraphs, 0038-0039). Polukhtin et al. (US’ 338 A1) also teaches a kit comprising the biomolecule as claimed in claim 16 (see page 21, paragraph, 0230). Polukhtin et al. (US’ 338 A1) further, teaches a method for detecting biomolecule (protein) comprising illuminating the conjugated biomolecule with an appropriate wavelength of light, such that the reporter molecule emits light and observing the emitted light as claimed in claim 17 (see page 19, paragraph, 0206). Polukhtin et al. (US’ 338 A1) teaches all the limitations of the instant claims. Hence, Polukhtin et al. (US’ 338 A1) anticipates the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EISA B ELHILO whose telephone number is (571)272-1315. The examiner can normally be reached Monday-Friday, 7:00 AM to 3:30 PM.
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/EISA B ELHILO/Primary Examiner, Art Unit 1761
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