U53. Patent Application Ne; l 2/3 3 8,873
`
`Atterney Docket No: 5 l 3665: DNA5»00 l CON2
`
`EX. Claims Appendix (Corrected)
`
`Claims l—32 (Cancelled)
`
`33. (Previensly presented) A device for receiving and preserving nucleic acid in biological
`
`samples, said device eeniprising:
`
`a. one er inere walls defining a containment vessel having a tap having an ripening. and a elesed
`
`bnttein having a sample receiving area fer holding said samples, said opening for receiving
`
`liquid samples and far seaiably receiving a closing means,
`
`b. a reagent eenipartrnent having a liarrier, said barrier sealing and containing reagents in said
`
`reagent eernpartrnent and capable of permanent disestablislnnent l.l‘p0Il disruption tn release said
`
`reagents into the sample receiving;
`
`c. reagents in the reagent eenipartrnent fer preserving nucleic acids potentially present in the
`
`sample; and?
`
`d. closing means and disruption rneans, said disrnptien means for engaging said barrier wliereliy
`
`Wlien sealably elesing said ripening with said elesing means, said disrupting nieans permanently
`
`and mechanically disestablislies said barrier te release said reagents to preserve nucleic; acids
`
`potentially present in the sample.
`
`34. (lnfevieusly presented) The device of claim 33 wherein said elesing means is a cap and said
`
`disruption means is a plunger.
`
`35. (Previously presented) The device at" claim 34 wlierein said cap and containment vessel have
`
`ceeperating threads.
`
`36. {l’reviensl‘y presented} The device of claim 33 wherein said reagents comprise a denaturing
`
`agent, a elielater and means for creating a pit et‘ geater than 5.6.
`
`ANCESTRY EX. 1023
`ANCESTRY EX. 1023
`
`1
`
`
`
`Atterney Docket No: 5 l 3665: DNA5»00 l CON2
`
`EX. Claims Appendix (Corrected)
`
`Claims l—32 (Cancelled)
`
`33. (Previensly presented) A device for receiving and preserving nucleic acid in biological
`
`samples, said device eeniprising:
`
`a. one er inere walls defining a containment vessel having a tap having an ripening. and a elesed
`
`bnttein having a sample receiving area fer holding said samples, said opening for receiving
`
`liquid samples and far seaiably receiving a closing means,
`
`b. a reagent eenipartrnent having a liarrier, said barrier sealing and containing reagents in said
`
`reagent eernpartrnent and capable of permanent disestablislnnent l.l‘p0Il disruption tn release said
`
`reagents into the sample receiving;
`
`c. reagents in the reagent eenipartrnent fer preserving nucleic acids potentially present in the
`
`sample; and?
`
`d. closing means and disruption rneans, said disrnptien means for engaging said barrier wliereliy
`
`Wlien sealably elesing said ripening with said elesing means, said disrupting nieans permanently
`
`and mechanically disestablislies said barrier te release said reagents to preserve nucleic; acids
`
`potentially present in the sample.
`
`34. (lnfevieusly presented) The device of claim 33 wherein said elesing means is a cap and said
`
`disruption means is a plunger.
`
`35. (Previously presented) The device at" claim 34 wlierein said cap and containment vessel have
`
`ceeperating threads.
`
`36. {l’reviensl‘y presented} The device of claim 33 wherein said reagents comprise a denaturing
`
`agent, a elielater and means for creating a pit et‘ geater than 5.6.
`
`ANCESTRY EX. 1023
`ANCESTRY EX. 1023
`
`1
`
`
`
`US. Patent Application No.2 l2/338,873
`
`Atterney Doeltet No: 513665: i)N'A5~(30lCOl\l2
`
`37. (Previcusly presented) The device of claim 36 vvlierein said reagents conipri se a protease.
`
`38. (Previously presented) The device of claim 37 wherein. said protease is prcteinase K.
`
`39. (Previously presented) A rnetliotl of preserving nucleic acid in liielcgical samples,
`
`comprising the steps cf:
`
`2.. prnviding a device for receiving biological sample, said device having:
`
`i. one er more walls defining a containrnent vessel liaving a top having an ripening, and a clnsetl
`
`bettnni having a sample receiving area for linlding said samples, said opening for receiving
`
`liquid samples and sealably receiving a closing ineans,
`
`ii. a reagent ccmpartrnent having a liarrier, said barrier sealing and containing reagents in said
`
`reagent compartment and capable of permanent disestalilislnnent upon tlisrupticn to release said
`
`reagents intc tlie sample receiving;
`
`iii, reagents in the reagent compartrnent for preserving nucleic acids potentially present in the
`
`sample; and,
`
`iv. elcsing means and disruption means, said disruption means for engaging said ‘carrier whereby
`
`when sealably closing said opening with said closing rnearis, said disrupting means permanently
`
`and mechanically dlSf3Sl£lbliSl’lf3S said barrier to release said reagents to preserve nucleic acids
`
`potentially present in the sarnple;
`
`4'3
`.
`li. receivin a sarn le in said tn l“1€t‘Vi1’l<F an 0 enin , and
`
`c. affixing elcsing means to seal the sample in said ccntairnnent vessel and siinultaneously
`
`permanently and mechanically disestaltslisliing said barrier tn release said reagents to preserve
`
`nucleic acids in said sample.
`
`2
`
`
`
`US. l?’ai'.ent Application No: 12/338,873
`
`Attorney Docket No: 513665: DiNA5—€)0li{30N2
`
`40. {Previously presented} The method of claim 39 wherein said closing means is a cap and said
`
`disruption means is e plunger.
`
`41. (Previoiisly presented) The method of claim 4()__wherein said eap and eontainnient vessel
`
`have cooperating threads.
`
`42. (Previously presented) Tiie method of claim 39 wherein said reagents eoniprise a denaturing
`
`agent, a ehelator and means for creating a pH of greater than 5.0.
`
`43. (Previously presented) The method of claim 39 wliereiii said reagents comprise a protease.
`
`44.,
`
`(Previously presented) The method of claim 43 \.V,i1€1‘€i1‘l_
`
`said protease is pi"oteina.se K.
`
`45.
`
`(Previously presented) The method of claim 39 further eoinprising the step, following said.
`
`affixing step, of storing said sample at room teinperature for a period of at least one day.
`
`13a
`
`3
`
`
`
`I hereby certify that this paper (stung; with any paper referred tci as being
`attached or ertetosect) is being transmitted via the Office etectrenic fiting system
`in aeeerdanee with § ‘E .6(a)(:t).
`
`
`
`Dated: Oc—tc3ber24 2C}t4
`Eiectrorsae Signature fctr/Knthony J. Janiuk, Esq; g'_E\_._nthon
`
`’
`J. Jarisuki
`
`ggckgt N0,
`513665: D.NA5_Q01C0N,2
`
`EN '.t‘E-itttl UNit'E‘}3lit3 $'E‘A't"ES i“ATENT ANB TRAEEEMARK {Pt*‘E'-‘ICE
`
`ti. Chaim Bimitseiiti
`
`Application
`
`13/'338,873
`
`Filed: December 18, 2008
`
`AitUnit: 1637
`
`Cent.
`
`6188
`
`For: COMPGSFFEONS AND METE-i()iE)S FOR OBTAINING NUCLEEC ACEDS FROM
`SPUTUM
`
`Corrimissierier for Patents
`
`R0. Box 1450
`
`Ate><aii.<‘iris., VA 22313-1450
`
`RESPQNSE T0 TEEIIE Ne'if;tt._:t: es :st>s‘—essti>:,i‘.sNfrAsset/st.‘ ester
`
`Dear Sit:
`
`in response to the Notice OfN0£'t_-C0tnpii3,I1‘t Appeai Brief riiaiied October 21, 2014,
`
`Applicant tiles the present response and two pages comprising the Claims Appeiidix. Applicant
`
`respee’t;tit.1ty submits the present response is timely tiled withiri the two meiitti peried set for
`
`Notice and IE0 other fees are due. However, in event Apptieant is rriistekeri, Appticant requests
`
`an extensieti of time such that the present Response is timety and authorizes the Cemmissiener
`
`te charge any fees associated. with this Response to Depesit Aeeeunt 12-3600 (513565: DNA5-
`
`OMCONZ).
`
`Please substitute the Claims Appendix, pages 12 and 13 of the Appeal Brief with attached
`
`Claim Appendix (Corrected) substitute pages 12, 13 and 133.
`
`4
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