Claim Listing:
`
`This Claim Listing reflects all claim amendments and replaces all prior versions,
`
`and listings, of claims in the application. Material to be inserted is in bold and underline,
`
`and material to be deleted is in strikeeut or, if the deletion is of five or fewer consecutive
`
`characters or would be difficult to see, in double brackets [[ H.
`
`In brief, the present communication cancels claims 14 and 16, without prejudice;
`
`amends claims 1, 12, and 15; and adds two new claims, namely, claims 18 and 19.
`
`Applicant reserves the right to pursue any of the canceled or unamended claims at a later
`
`time.
`
`1.
`
`(Currently amended) A method of analyzing genomic DNA, comprising:
`
`obtaining genomic DNA including a target;
`
`fragmenting the genomic DNA volitionally to produce fragmented DNA;
`
`passing the fragmented DNA through a droplet generator, to generate aqueous
`
`droplets containing the fragmented DNA at a concentration of at
`
`least about 5
`
`nanograms per microliter,
`
`the droplets being generated at a droplet generation
`
`frequency of at least about 50 droplets per second and having an average volume of
`
`less than about 10 nanoliters;
`
`detecting fluorescence from the droplets; and
`
`determining a concentration of the target based on the fluorescence
`
`detected perferming a digital assay en the dreplets4eeetenminea4evelrefthe4arget.
`
`Page 2 of 8
`
`—
`
`PRELIMINARY AMENDMENT;
`Serial No. 13/287,095; Our File — QLI 330
`
`
`
`2.
`
`(Original) The method of claim 1, wherein the genomic DNA is disposed
`
`in an aqueous sample, and wherein the droplets are generated at a flow rate of greater
`
`than about 50 nanoliters per second of the aqueous sample through the droplet
`
`generator.
`
`3.
`
`(Original) The method of claim 1, wherein the droplets have an average
`
`volume of about 0.1 to 10 nanoliters.
`
`4.
`
`(Original) The method of claim 3, wherein the genomic DNA is disposed
`
`in an aqueous sample, and wherein the droplets are generated at a flow rate of greater
`
`than about 50 nanoliters per second of the aqueous sample through the droplet
`
`generator.
`
`5.
`
`(Original) The method of claim 1, wherein the step of fragmenting
`
`includes a step of digesting the genomic DNA with a restriction enzyme.
`
`6.
`
`(Original) The method of claim 5, wherein the restriction enzyme cuts the
`
`genomic DNA an average of less than about once every kilobase.
`
`7.
`
`(Original) The method of claim 1, wherein the step of fragmenting
`
`includes a step of shearing the genomic DNA.
`
`Page 3 of 8
`
`—
`
`PRELIMINARY AMENDMENT;
`Serial No. 13/287,095; Our File — QLI 330
`
`
`
`8.
`
`(Original) The method of claim 1, wherein the step of fragmenting
`
`includes a step of sonicating the genomic DNA.
`
`9.
`
`(Original) The method of claim 1, wherein the droplets contain an average
`
`of less than about two copies of the target per droplet.
`
`10.
`
`(Original) The method of claim 1, wherein the droplets contain an average
`
`of less than about two genome-equivalents of the genomic DNA per droplet.
`
`11.
`
`(Original) The method of claim 1, wherein the step of fragmenting does
`
`not disrupt the target substantially.
`
`12.
`
`(Currently amended) The method of claim 1, further comprising wherein
`
`the—step—ef—perfernmng—a—digital—assay—inemdes a step of amplifying the target in the
`
`droplets.
`
`13.
`
`(Original) The method of claim 12, wherein the target is amplified by PCR.
`
`14.
`
`(Canceled)
`
`15.
`
`(Currently amended) The method of claim 1 [[12]], Wherein the step of
`
`determining peFfeHmmg—a—digital—assay includes a step of determining a concentration
`
`[[level]] of the target with a Poisson algorithm.
`
`Page 4 of 8
`
`—
`
`PRELIMINARY AMENDMENT;
`Serial No. 13/287,095; Our File — QLI 330
`
`
`
`16.
`
`(Canceled)
`
`17.
`
`(Original) A method of partitioning an aqueous sample comprising DNA
`
`into droplets, the method comprising:
`
`obtaining a sample comprising genomic DNA;
`
`fragmenting the DNA volitionally to produce fragmented DNA; and
`
`passing the sample through a droplet generator, to generate aqueous droplets
`
`containing the fragmented DNA, the droplets being generated at a droplet generation
`
`frequency of at least about 50 droplets per second and having an average volume of
`
`less than about 10 nanoliters,
`
`wherein the genomic DNA is at a concentration that
`
`interferes with droplet
`
`generation if the step of passing is performed under the same conditions without
`
`fragmenting the DNA.
`
`18.
`
`(New)
`
`The method of claim 1, wherein the genomic DNA is at a
`
`concentration that interferes with droplet generation if the step of passing is performed
`
`under the same conditions without fragmenting the DNA.
`
`Page 5 of 8
`
`—
`
`PRELIMINARY AMENDMENT;
`Serial No. 13/287,095; Our File — QLI 330
`
`
`
`19.
`
`(New) A method of analyzing genomic DNA, comprising:
`
`obtaining genomic DNA including a target;
`
`fragmenting the genomic DNA volitionally to produce fragmented DNA;
`
`passing the fragmented DNA through a droplet generator, to generate aqueous
`
`droplets containing the fragmented DNA;
`
`detecting fluorescence from the droplets; and
`
`determining a concentration of the target based on the fluorescence detected.
`
`Page 6 of 8
`
`—
`
`PRELIMINARY AMENDMENT;
`Serial No. 13/287,095; Our File — QLI 330
`
`
