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 .
Response to Amendment
The Amendment filed 05/11/2026 has been entered. Claims 1-12 and 14-20 remain pending in the application. Claims 1-7 and 15-20 are withdrawn. New grounds of rejections are discussed below.
Note that claim 14 has been amended to be dependent upon claim 1, where claim 1 is withdrawn. This appears to be a typographical mistake, wherein claim 14 should be dependent upon claim 8. For examination purposes, claim 14 is interpreted as dependent upon claim 8.
Claim Objections
Claim 14 is objected to because of the following informalities: “according to claim 1” should read “according to claim 8”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
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 8-12 and 14 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.
Regarding claim 8, claim 8 recites “as shown in figure 3”, which is unclear. MPEP 2173.05(s) states: where possible, claims are to be complete in themselves. Incorporation by reference to a specific figure or table "is permitted only in exceptional circumstances where there is no practical way to define the invention in words and where it is more concise to incorporate by reference than duplicating a drawing or table into the claim. Incorporation by reference is a necessity doctrine, not for applicant’s convenience." Ex parte Fressola, 27 USPQ2d 1608, 1609 (Bd. Pat. App. & Inter. 1993). Therefore, incorporation of and reference to “figure 3” in claim 8 renders the scope of the North, West, Center, East, and South positions unclear. It is suggested to remove “as shown in figure 3” and instead define the positions in words. Claims 9-12 and 14 are rejected by virtue of their dependency on claim 8.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Jaklenex et al. (JAKLENEX, ANA ET AL., "High Throughput Layer-by-Layer Films for Extracting Film Forming Parameters and Modulating Film Interactions with Cells", ACS Appl. Mater. Interfaces, Dec 29, 2015, pgs. 2255-2261, Vol. 8, DOI: 10.1021/acsami.5b11081; cited in the IDS filed 10/15/2021) in view of Peterson et al. (US 20170166884 A1; effectively filed 12/15/2015).
Regarding claim 8, Jaklenex teaches a multiwell plate comprising wells (abstract and Fig. 1 teaches a 96 well-plate comprising wells), wherein a bottom surface of m wells is coated by a polyelectrolyte multilayer film (Fig. 1 and page 2260, section “Layer-by-Layer Synthesis” teaches the bottom surfaces of the wells are coated with a film of multiple layers of a polyelectrolyte),
wherein the polyelectrolyte multilayer film coats only the bottom surface of the m wells and a portion of a wall of each of them wells corresponding to the thickness of the multilayer film of said well (Fig. 1 shows the polyelectrolyte multilayer film coating only the bottom surface and a portion of a well of each well, which corresponds to the thickness of the film),
wherein m is an integer from 2 to the number of wells of the multiwell plate (Fig. 1, teaches coating of 96 wells, i.e. m is the number of wells),
the polyelectrolyte multilayer film comprising n layer pairs, n is an integer from 1 to 2000 (Fig. 1 shows at least two pairs of layers; Fig. 2 teaches up to 55 bilayers, i.e. layer pairs), and each layer pair comprising a layer of a first polyelectrolyte PE1 (Fig. 1 and page 2260, section “Layer-by-Layer Synthesis” teaches a cationic polyelectrolyte, PAH) and a layer of a second polyelectrolyte PE2 of opposite charge (Fig. 1 and page 2260, section “Layer-by-Layer Synthesis” teaches an anionic polyelectrolyte, PAA),
wherein the first polyelectrolyte PE1 is either a cationic polymer comprising amino groups (Fig. 1 and page 2260, section “Layer-by-Layer Synthesis” teaches a cationic polyelectrolyte, PAH), or an anionic polymer (interpreted as not required due to the “or” statement),
wherein the second polyelectrolyte PE2 is a cationic polymer comprising amino groups when PE1 is an anionic polymer (interpreted as not required due to the “or” statement), or PE2 is an anionic polymer when PE1 is a cationic polymer comprising amino groups (Fig. 1 and page 2260, section “Layer-by-Layer Synthesis” teaches an anionic polyelectrolyte, PAA);
wherein the polyelectrolyte multilayer film has a coefficient of variation CV of its mean thickness less than or equal to 20.3%, and wherein CV =(SD/hMEAN)x100, SD being the standard deviation (see equation in claim 1), hN, hW, hC, hE and hS are respectively, film thicknesses determined at the positions North, West, Center, East, South inside each well as shown in figure 3 (page 2256, right column, last paragraph teaches the methods exhibited uniform and smooth buildup of layers; page 2257, right column, first full paragraph teaches the center of the films exhibit homogenous thicknesses; page 2260, section “Profilometer Measurements” teaches surface profilometer were on random points of the films; therefore, the area of the center of the film would have a coefficient of variation CV, as calculated by the claimed equations, of its mean thickness of about 0% since it is uniform, smooth, and homogenous), and
wherein the anionic polymer comprises carboxylic groups (Fig. 1 and page 2260, section “Layer-by-Layer Synthesis” teaches an anionic polyelectrolyte, PAA; wherein, PAA structurally includes carboxylic groups).
Jaklenex fails to teach: the polyelectrolyte multilayer film is cross-linked via amide bonds or derivatives thereof formed from the carboxylic groups and the amino groups of the polyelectrolyte multilayer film.
Jaklenex teaches it has been shown that PAH-PAA films have layers that are ionically cross-linked, wherein the more tightly packed the layers are, cell attachment increased (page 2259, right column, first full paragraph).
Peterson teaches a cell culture device comprising a polymer surface configured for incubating cells, a polyelectrolyte multilayer (PEM), and the PEM comprising one or more bi-layers of oppositely charged polyelectrolytes (abstract). Peterson teaches the PEM can include a combination of positively and negatively charged polyelectrolyte layers (paragraph [0045]), the polyelectrolytes can include PAH and PAA (paragraph [0048]). Peterson teaches a method of producing crosslinked polyelectrolyte multilayer films which proves to be stabilized and therefore can withstand numerous physical, chemical and biological stresses (paragraph [0063]); the method including forming amide bonds between complementary reactive groups to give rise to a cross-linked PEM film (paragraph [0063]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the polyelectrolyte multilayer film of Jaklenex to incorporate Jaklenex’s teachings of cross-linked layers and tightly packing the layers (page 2259, right column, first full paragraph) and Peterson’s teachings of crosslinked polyelectrolyte multilayer films that formed from amide bonds (paragraphs [0045],[0048],[0063]) to provide: the polyelectrolyte multilayer film is cross-linked via amide bonds or derivatives thereof formed from the carboxylic groups and the amino groups of the polyelectrolyte multilayer film. Doing so would have a reasonable expectation of successfully improving crosslinking of the film for improved stability to withstand numerous physical, chemical and biological stresses as taught by Peterson (paragraph [0063]).
Regarding claim 9, Jaklenex further teaches wherein the anionic polymer is selected from the group consisting of poly(acrylic) acid, poly(methacrylic) acid,poly(glutamic) acid, polyuronic acid, glycosaminoglycans, poly(aspartic acid) and Polystyrene sulfonate, any combination of polyamino-acids in D and/or L forms, and mixtures thereof (Fig. 1 and page 2260, section “Layer-by-Layer Synthesis” teaches an anionic polyelectrolyte, PAA, i.e. poly(acrylic) acid).
Regarding claim 10, Jaklenex further teaches wherein the cationic polymer comprising amino group is selected from the group consisting of poly(lysine), poly(diallydimethylammonium chloride), poly(allylamine), poly(ethylene)imine, chitosan, polyarginine, Poly(ornithine), polyhistidine, poly(mannosamine), polyallylamine hydrochloride, any combination of polyamino acids in D and/or L forms, and mixtures thereof (Fig. 1 and page 2260, section “Layer-by-Layer Synthesis” teaches a cationic polyelectrolyte, PAH, i.e. polyallylamine hydrochloride).
Claims 11-12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Jaklenex in view of Peterson as applied to claim 8 above, and further in view of Rubner et al. (US 20050191430 A1; cited in the IDS filed 10/15/2021)
Regarding claim 11, while Jaklenex teaches the film includes polyallylamine hydrochloride (Fig. 1 and page 2260, section “Layer-by-Layer Synthesis” teaches a cationic polyelectrolyte, PAH), modified Jaklenex fails to teach: wherein the polyelectrolyte multilayer film is a poly(L-lysine)/hyaluronan sodium film, a polystyrene sulfonate/polyallylamine hydrochloride film, a poly(L-lysine)/poly(L-glutamic acid) film or a chitosan/poly(L-glutamic acid) film.
Rubner teaches a multiwell plate comprising wells (paragraph [0083], “cell plates”; paragraph [0019], “multiwell plates”; wherein cell plates and multiwell plates comprise wells), wherein a bottom surface of m wells is coated by a polyelectrolyte multilayer film (paragraph [0008] teaches coating a surface with layers of polyelectrolytes; paragraphs [0118]-[0119] teaches polyelectrolyte multilayer thin films were deposited on multiwell plates, which is interpreted as at least the bottom surface of at least one well of the multiwell plate being coated by a polyelectrolyte multilayer thin film). Rubner teaches the polyelectrolyte multilayer thin films includes PAH and a polyanionic polymer of PAA or SPS, i.e. polystyrene sulfonate (paragraph [0119]). Rubner teaches PAH/SPS films were cytophilic (paragraph [0048]).
Since Rubner teaches both PAA and polystyrene sulfonate are known anionic polymers for polyelectrolyte multilayer films and their functions were known in the art, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sheet of modified the PAH/PAA polyelectrolyte multilayer film of modified Jaklenex to substitute one known element (Jaklenex’s PAA anionic polymer) with another known element (Rubner’s polystyrene sulfonate anionic polymer) to provide: wherein the polyelectrolyte multilayer film is a polystyrene sulfonate/polyallylamine hydrochloride film, and the results of the substitution (i.e. a polyelectrolyte multilayer film that is cytophilic) would have been predictable. See MPEP 2143(I)(B).
Regarding claim 12, modified Jaklenex fails to teach: the multiwell plate according to claim 8, further comprising a layer of a third polyelectrolyte PE3 deposited on the top of the polyelectrolyte multilayer film, wherein the third polyelectrolyte PE3 is linked to at least a peptide, and the third polyelectrolyte PE3 is a cationic polymer comprising amino groups when the second polyelectrolyte PE2 is an anionic polymer, or the third polyelectrolyte PE3 is an anionic polymer when the second polyelectrolyte PE2 is a cationic polymer comprising amino groups.
Jaklenex teaches polyelectrolyte multilayer films of up to 55 bilayers (Fig. 2).
Rubner teaches a layer of a third polyelectrolyte PE3 deposited on the top of the polyelectrolyte multilayer film (paragraph [0119] teaches the substrate was immersed in PAH, and then PAA, PMA or SPS, and then the procedure is repeated until the desired number of layers was assembled, thus at least three total layers are present; i.e. PAH is the third polyelectrolyte added on top of the PAA, PMA, or SPS during the first repeated procedure), and the third polyelectrolyte PE3 is a cationic polymer comprising amino groups when the second polyelectrolyte PE2 is an anionic polymer (paragraph [0008] teaches a first polymer is a cationic polyelectrolytes; paragraph [0119], “PAH”). Rubner teaches the capability to present on bio-inert multilayers a variety of cell-adhesive biomolecules, e.g., fibronectin or the RGD (arginine-glycine-aspartic acid) amino acid sequence, i.e. peptide, via several different approaches should also expand the versatility of polyelectrolyte multilayers for bio-interface material (paragraph [0043]). Rubner teaches it should be quite facile to chemically modify the functional of PAA, PMA, or PAH to tether specific cell-adhesion proteins, such as RGD to enable controlled binding of cells (paragraph [0043]). Rubner teaches micropatterning of cell-adhesive and -resistant features on a surface should provide opportunities for making cellular networks and arrays as well as biosensors and multilayers could then easily be created to fabricate conformal coatings with highly tailored structural features as well as predictable, favorable interactions with living cells. (paragraph [0043]). Rubner teaches chemical groups of the multilayers possess a rich density of reactivity sites for further biochemical ligand modification, such as for tethering of RGD or other peptide sequences in order to selectively attract cells (paragraph [0057]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified multiwell plate of modified Jaklenex to incorporate Jaklenex’s teachings of multiple bilayers (Figs. 1-2) and Rubner’s teachings a third polyelectrolyte (paragraph [0119]) and teachings of tethering RGD or other peptide sequences to the polyelectrolyte multilayers (paragraphs [0043],[0057]) to provide: the multiwell plate according to claim 8, further comprising a layer of a third polyelectrolyte PE3 deposited on the top of the polyelectrolyte multilayer film, wherein the third polyelectrolyte PE3 is linked to at least a peptide, and the third polyelectrolyte PE3 is a cationic polymer comprising amino groups when the second polyelectrolyte PE2 is an anionic polymer, or the third polyelectrolyte PE3 is an anionic polymer when the second polyelectrolyte PE2 is a cationic polymer comprising amino groups. Doing so would have a reasonable expectation of successfully providing desired numbers of layer pairs and improving controlled binding of cells and improving tailoring of the multiwell plate as taught by Rubner (paragraphs [0043],[0057]).
Regarding claim 14, modified Jaklenex fails to teach: wherein a protein is incorporated on and inside the cross-linked polyelectrolyte multilayer film.
Rubner teaches coupling cell-binding proteins to a PEO-rich surface is a popular way in which to prepare hybrid coatings with cell-resistant and cell-adherent domain (paragraph [0005]). Rubner teaches the capability to present on bio-inert multilayers a variety of cell-adhesive biomolecules, e.g., fibronectin or the RGD (arginine-glycine-aspartic acid) amino acid sequence via several different approaches should also expand the versatility of polyelectrolyte multilayers for bio-interface material (paragraph [0043]). Rubner teaches it should be quite facile to chemically modify the functional of PAA, PMA, or PAH to tether specific cell-adhesion proteins to enable controlled binding of cells (paragraph [0043]). Rubner teaches PAH/PAA multilayers absorbing proteins (paragraph [0101] teaches multilayers absorbing lysosomes, i.e. protein incorporated inside the multilayer film). Rubner teaches performing in vitro cell studies to test multilayers ability to adhere to proteins (paragraph [0101]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cross-linked polyelectrolyte multilayer film of modified Jaklenex to incorporate the teachings of coupling cell-binding proteins to a surface and testing for adsorption of proteins of Rubner (paragraphs [0005],[0043],[0101]) to provide wherein a protein is incorporated on and inside the cross-linked polyelectrolyte multilayer film. Doing so would have a reasonable expectation of successfully improving controlled binding of cells and improving tailoring of the multiwell plate as taught by Rubner (paragraphs [0043]). Furthermore, doing so would improve the ability to analyze the ability of the multilayer film to adsorb proteins as taught by Rubner (paragraph [0101]).
In an alternative interpretation of claim 8, claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Jaklenex et al. (JAKLENEX, ANA ET AL., "High Throughput Layer-by-Layer Films for Extracting Film Forming Parameters and Modulating Film Interactions with Cells", ACS Appl. Mater. Interfaces, Dec 29, 2015, pgs. 2255-2261, Vol. 8, DOI: 10.1021/acsami.5b11081; cited in the IDS filed 10/15/2021) in view of Peterson et al. (US 20170166884 A1; effectively filed 12/15/2015), and Lea et al. (US 20080131600 A1). In this alternative interpretation, Jaklenex is interpreted as failing to teach: “wherein the polyelectrolyte multilayer film has a coefficient of variation CV of its mean thickness less than or equal to 20.3%, and wherein CV =(SD/hMEAN)x100, SD being the standard deviation (see equation in claim 1), hN, hW, hC, hE and hS are respectively, film thicknesses determined at the positions North, West, Center, East, South inside each well as shown in figure 3”.
Regarding claim 1, Jaklenex teaches a multiwell plate comprising wells (abstract and Fig. 1 teaches a 96 well-plate comprising wells), wherein a bottom surface of m wells is coated by a polyelectrolyte multilayer film (Fig. 1 and page 2260, section “Layer-by-Layer Synthesis” teaches the bottom surfaces of the wells are coated with a film of multiple layers of a polyelectrolyte),
wherein the polyelectrolyte multilayer film coats only the bottom surface of the m wells and a portion of a wall of each of them wells corresponding to the thickness of the multilayer film of said well (Fig. 1 shows the polyelectrolyte multilayer film coating only the bottom surface and a portion of a well of each well, which corresponds to the thickness of the film),
wherein m is an integer from 2 to the number of wells of the multiwell plate (Fig. 1, teaches coating of 96 wells, i.e. m is the number of wells),
the polyelectrolyte multilayer film comprising n layer pairs, n is an integer from 1 to 2000 (Fig. 1 shows at least two pairs of layers; Fig. 2 teaches up to 55 bilayers, i.e. layer pairs), and each layer pair comprising a layer of a first polyelectrolyte PE1 (Fig. 1 and page 2260, section “Layer-by-Layer Synthesis” teaches a cationic polyelectrolyte, PAH) and a layer of a second polyelectrolyte PE2 of opposite charge (Fig. 1 and page 2260, section “Layer-by-Layer Synthesis” teaches an anionic polyelectrolyte, PAA),
wherein the first polyelectrolyte PE1 is either a cationic polymer comprising amino groups (Fig. 1 and page 2260, section “Layer-by-Layer Synthesis” teaches a cationic polyelectrolyte, PAH), or an anionic polymer (interpreted as not required due to the “or” statement),
wherein the second polyelectrolyte PE2 is a cationic polymer comprising amino groups when PE1 is an anionic polymer (interpreted as not required due to the “or” statement), or PE2 is an anionic polymer when PE1 is a cationic polymer comprising amino groups (Fig. 1 and page 2260, section “Layer-by-Layer Synthesis” teaches an anionic polyelectrolyte, PAA); and
wherein the anionic polymer comprises carboxylic groups (Fig. 1 and page 2260, section “Layer-by-Layer Synthesis” teaches an anionic polyelectrolyte, PAA; wherein, PAA structurally includes carboxylic groups).
Jaklenex fails to teach: wherein the polyelectrolyte multilayer film has a coefficient of variation CV of its mean thickness less than or equal to 20.3%, and wherein CV =(SD/hMEAN)x100, SD being the standard deviation (see equation in claim 1), hN, hW, hC, hE and hS are respectively, film thicknesses determined at the positions North, West, Center, East, South inside each well as shown in figure 3; and the polyelectrolyte multilayer film is cross-linked via amide bonds or derivatives thereof formed from the carboxylic groups and the amino groups of the polyelectrolyte multilayer film.
Jaklenex teaches it has been shown that PAH-PAA films have layers that are ionically cross-linked, wherein the more tightly packed the layers are, cell attachment increased (page 2259, right column, first full paragraph).
Peterson teaches a cell culture device comprising a polymer surface configured for incubating cells, a polyelectrolyte multilayer (PEM), and the PEM comprising one or more bi-layers of oppositely charged polyelectrolytes (abstract). Peterson teaches the PEM can include a combination of positively and negatively charged polyelectrolyte layers (paragraph [0045]), the polyelectrolytes can include PAH and PAA (paragraph [0048]). Peterson teaches a method of producing crosslinked polyelectrolyte multilayer films which proves to be stabilized and therefore can withstand numerous physical, chemical and biological stresses (paragraph [0063]); the method including forming amide bonds between complementary reactive groups to give rise to a cross-linked PEM film (paragraph [0063]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the polyelectrolyte multilayer film of Jaklenex to incorporate Jaklenex’s teachings of cross-linked layers and tightly packing the layers (page 2259, right column, first full paragraph) and Peterson’s teachings of crosslinked polyelectrolyte multilayer films that formed from amide bonds (paragraphs [0045],[0048],[0063]) to provide: the polyelectrolyte multilayer film is cross-linked via amide bonds or derivatives thereof formed from the carboxylic groups and the amino groups of the polyelectrolyte multilayer film. Doing so would have a reasonable expectation of successfully improving crosslinking of the film for improved stability to withstand numerous physical, chemical and biological stresses as taught by Peterson (paragraph [0063]).
Modified Jaklenex fails to teach: wherein the polyelectrolyte multilayer film has a coefficient of variation CV of its mean thickness less than or equal to 20.3%, and wherein CV =(SD/hMEAN)x100, SD being the standard deviation (see equation in claim 1), hN, hW, hC, hE and hS are respectively, film thicknesses determined at the positions North, West, Center, East, South inside each well as shown in figure 3.
Jaklenex teaches the methods exhibited uniform and smooth buildup of layers (page 2256, right column, last paragraph) and the center of the films exhibit homogenous thicknesses (page 2257, right column, first full paragraph). Jaklenex teaches surface profilometer were on random points of the films (page 2260, section “Profilometer Measurements” teaches).
Rubner teaches films exhibit homogenous, well-mixed surfaces (paragraph [0092]) and layer thicknesses do not vary by more than 10% (paragraph [0094], table 2).
Lea teaches a method for preparing a substrate coated support for use in micro-array devices, wherein the method produces a substrate coated membrane in which the thickness is uniform across the entire coated surface (abstract). Lea teaches known issues in the art of uneven film thicknesses across a surface (paragraphs [0006]-[0008]). Lea teaches spot density plots, confirm the substrate coating planarity, essentially a linearly changing thickness measure, i.e. an even coating thickness (paragraph [0051]). Lea teaches that the variance in signal response at different locations on the surface of the support will be very low, surface responses measuring up to 25% variance and coating planarity measures of up to 25% variance would be acceptable (paragraph [0041]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the polyelectrolyte multilayer film of modified Jaklenex to incorporate Jaklenex’s teachings of uniform and smooth layers and films with homogenous thicknesses (page 2256, right column, last paragraph; page 2257, right column, first full paragraph), Rubner’s teachings of films exhibiting homogenous, well-mixed surfaces (paragraph [0092]) and layer thicknesses do not vary by more than 10% (paragraph [0094], table 2), and Lee’s teachings of a uniform thickness coating of a membrane across a surface (abstract; paragraphs [0006], [0008], [0051], [0041]) to provide: wherein the polyelectrolyte multilayer film has a coefficient of variation CV of its mean thickness less than or equal to 20.3%, and wherein CV =(SD/hMEAN)x100, SD being the standard deviation (see equation in claim 1), hN, hW, hC, hE and hS are respectively, film thicknesses determined at the positions North, West, Center, East, South inside each well as shown in figure 3. Doing so would have a reasonable expectation of successfully improving uniformity, smoothness, and homogeneity of the film as desired by Jaklenex.
Response to Arguments
Applicant’s arguments, see page 8, filed 05/11/2026, with respect to the rejections under 35 U.S.C. 112(a), have been fully considered and are persuasive. The examiner notes that the disclosure, such as Fig. 1, and pages 7-13, provides sufficient description of forming the claimed polyelectrolyte multilayer film at the bottom surface of a well, where depositing of the polyelectrolytes in each well to form the layers is considered coating only the bottom surface and a portion of the wall of each well, since depositing a solution to the bottom surface of the well allows the polyelectrolytes to contact the bottom surface and the portion of the wall of each well as shown in Fig. 1. The rejections under 35 U.S.C. 112(a) of 02/11/2026 has been withdrawn.
Applicant’s arguments, see pages 8-10, filed 05/11/2026, with respect to the rejection(s) of claims 8-12 and 12-14 under 35 U.S.C. 103, specifically regarding amended claim 8, have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Jaklenex et al. (JAKLENEX, ANA ET AL., "High Throughput Layer-by-Layer Films for Extracting Film Forming Parameters and Modulating Film Interactions with Cells", ACS Appl. Mater. Interfaces, Dec 29, 2015, pgs. 2255-2261, Vol. 8, DOI: 10.1021/acsami.5b11081; cited in the IDS filed 10/15/2021) in view of Peterson et al. (US 20170166884 A1; effectively filed 12/15/2015).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Richardson-Burns et al. (US 20110087315 A1) teaches a biologically integrated bioelectrode device for analyzing a biological component, the bioelectrode including a conductive polymer (abstract). Richardson-Burns teaches ionically and covalently crosslinking (paragraph [0204]), wherein covalent crosslinking with amine, amide, or carboxylic groups can improve the longevity of a 3D hydrogel coating, decreasing rate of degradation (paragraph [0204]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY H NGUYEN whose telephone number is (571)272-2338. The examiner can normally be reached M-F 7:30A-5:00P.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Maris Kessel can be reached at (571) 270-7698. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HENRY H NGUYEN/Primary Examiner, Art Unit 1758
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