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 .
Reply to Response to 01/26/2026 Non-Final Office Action
This is a final office action in response to communications filed on May 26, 2026. Applicant amended claims 1-3 and 5-12. Claims 1-12 remain pending in the application.
Claim Rejections - 35 USC § 103
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.
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:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over U. S. 20080042347 (“Tamarkin”) in view of US 20010036643 A1 (“Holloway”), U. S. Pub. 20140183820 (“Tuccillo”), and US 10062299 B1 (“Salloum”).
In regards to claim 1, Tamarkin discloses the following limitations with the exception of the underlined limitations.
an interactive plasmid-based educational device comprising ([0045], “models… for teaching and learning about cells… interactive, and can reflect hundreds of biological molecules”):
at least one first contoured shaped section having at least one end configured with at least one matching geometry that mates with only a predetermined complementary section to prevent biologically disallowed assembly of adjacent plasmid functional units ([0033], “FIG. 10 shows a DNA puzzle … DNA nucleotide puzzle piece has a first DNA nucleotide puzzle connector 67 … is configured to removeably attach to a hydrogen puzzle connector 24”, See annotated Tamarkin FIG. 10.);
annotated Tamarkin FIG. 10
PNG
media_image1.png
543
668
media_image1.png
Greyscale
at least one second contoured shaped section having at least one end configured with at least one universal joining geometry that is joinable with a plurality of different plasmid functional-unit sections in the closed-loop plasmid construct ([0033], “FIG. 10 shows a DNA puzzle… DNA nucleotide puzzle connector 68 is configured to removeably attach to a DNA nitrogenous base puzzle connector 90”, See annotated Tamarkin FIG. 10.);
wherein the at least first contoured shaped section and the at least one second contoured shaped section are configured to mimic at least one portion of a plasmid ([0026], “FIG. 10 is a schematic view of the puzzle set for the nucleotide of a DNA molecule”, Examiner notes that the claim requires mimicking a portion of “a plasmid” (which is by definition, a small circular DNA molecule) and that it would be obvious to one of ordinary skill in the art before the effective date of the applicant’s invention to modify a DNA molecule of Tamarkin to be a plasmid since a variation in a molecule alone, without demonstration of the criticality of a specific limitation, may be obvious to a person of ordinary skill in the art. “In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966), [t]he court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.” MPEP § 2144.04-IV-B.) selected from an origin of replication, promoter region, selectable marker, insert, tag, or termination portion;
at least one audio circuit configured to output plasmid-portion-specific instructional audio in response to placement of a corresponding contoured shaped section;
at least one visual circuit configured to indicate correctness of plasmid assembly by illuminating a selected plasmid section or a visual indicator associated with the assembled plasmid construct;
wherein the at least one first contoured shaped section and the at least one second contoured shaped section contain at least a portion of the at least one audio circuit and the at least one visual circuit such that section-to-section joining and section-to-base contact jointly define completion of the circuit;
the circular base forming part of the educational device and defining a closed-loop support surface sized to receive the contoured shaped sections in plasmid order configured to support the at least one first contoured shaped section and the at least one second contoured shaped section joined to one another ([0033]: “FIG. 10 shows a DNA puzzle … comprises a DNA nucleotide puzzle piece 70 … DNA nucleotide puzzle piece 70 … has a first DNA nucleotide puzzle connector 67, a second DNA nucleotide puzzle connector 68”, See annotated Tamarkin FIG. 10.);
wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section complete at least one of the at least one audio circuit or the at least one visual circuit only when the sections are arranged in a biologically permitted plasmid sequence on the circular base;
a circular support base configured so that the at least one first contoured shaped section ([0033], “FIG. 10 shows a DNA puzzle … DNA nucleotide puzzle piece has a first DNA nucleotide puzzle connector 67 … is configured to removeably attach to a hydrogen puzzle connector 24”, See annotated Tamarkin FIG. 10.) and the at least one second contoured shaped section rest atop the circular support base of the educational kit, the circular support base being dimensioned to receive the sections as a closed- loop plasmid construct, and the circular support base is further configured to engage with ([0033], “FIG. 10 shows a DNA puzzle… DNA nucleotide puzzle connector 68 is configured to removeably attach to a DNA nitrogenous base puzzle connector 90”, See annotated Tamarkin FIG. 10.) the at least one audio circuit and the at least one visual circuit by electrically contacting circuit portions in the contoured shaped sections when the sections are placed on the support base;
wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section form a biologically accurate visual representation as well as a biologically functional sequence of at least one plasmid assembled from a least two functional units ([0016], “FIG. 10 is a schematic view of the puzzle set for the nucleotide of a DNA molecule, showing that its specific nitrogenous base component will fit with it in all of its forms (A, C, G, and T)”, See annotated Tamarkin FIG. 10. Examiner notes that a plasmid is a molecule of DNA and that O and P in FIG. 10 may represent two biologically functional sequenced units.) including an origin of replication and a promoter region arranged in functional plasmid order.
Holloway discloses
selected from an origin of replication ([0107], “enzyme uses the 3’-hydroxyl groups as replication initiation points”), promoter region ([0168], “Transcriptional regulatory sequences include a promoter region”), selectable marker, insert, tag, or termination portion ([0170], “Techniques for introducing vectors into eukaryotic cells and techniques for selecting such stable transformants using a dominant selectable marker are described”)
including an origin of replication ([0107], “enzyme uses the 3’-hydroxyl groups as replication initiation points”) and a promoter region arranged in functional plasmid order ([0168], “Transcriptional regulatory sequences include a promoter region”).
Tamarkin and Holloway combined are considered analogous to the claimed invention because they are in the field of biological molecule puzzles and puzzles with communication and interactive feedback features. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for an interactive plasmid-based educational device comprising: at least one first contoured shaped section having at least one end configured with at least one matching geometry that mates with only a predetermined complementary section to prevent biologically disallowed assembly of adjacent plasmid functional units, at least one second contoured shaped section having at least one end configured with at least one universal joining geometry that is joinable with a plurality of different plasmid functional-unit sections in the closed-loop plasmid construct; wherein the at least first contoured shaped section and the at least one second contoured shaped section are configured to mimic at least one portion of a plasmid configured to support the at least one first contoured shaped section and the at least one second contoured shaped section joined to one another; configured so that the at least one first contoured shaped section and the at least one second contoured shaped section, and the circular support base is further configured to engage with; wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section form a biologically accurate visual representation as well as a biologically functional sequence of at least one plasmid assembled from a least two functional units, as disclosed by Tamarkin, selected from an origin of replication, promoter region, selectable marker, insert, tag, or termination portion, including an origin of replication and a promoter region arranged in functional plasmid order, as disclosed by Holloway, to provide replication initiation points, a promoter region, and a dominant selectable marker for a novel tumor necrosis factor-stimulated gene to teach molecular biology. One skilled in the art would recognize and value the addition of replication initiation points, a promoter region, and a dominant selectable marker for a novel tumor necrosis factor-stimulated gene to teach molecular biology.
Tuccillo discloses
at least one audio circuit configured to output plasmid-portion-specific instructional audio in response to placement of a corresponding contoured shaped section ([0042], “when the assembler has completed putting … the puzzle … together … the puzzle circuit will be completed … and the load will perform … issuing … audible … feedback to the assembler”);
at least one visual circuit configured to indicate correctness of plasmid assembly by illuminating a selected plasmid section or a visual indicator associated with the assembled plasmid construct ([0042], “when the assembler has completed putting … the puzzle … together … the puzzle circuit will be completed … and the load will perform … issuing … a visual … feedback to the assembler”);
wherein the at least one first contoured shaped section and the at least second contoured shaped section contain at least a portion of the at least one audio circuit and the at least one visual circuit ([0037]-[0038], “by embedding an electrical conductor within at least a predetermined number of pieces of a … puzzle… load … energized; load …may be … devices … attached to a speaker … or a light emitting … display device”) such that section-to-section joining and section-to-base contact jointly define completion of the circuit ([0041], “When all pieces of the puzzle … are assembled, the puzzle circuit will be complete”).
wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section complete at least one of the at least one audio circuit or the at least one visual circuit only when the sections are arranged in a biologically permitted plasmid sequence ([0042], “when the assembler has completed putting the last piece of the puzzle … together (regardless of which particular piece was lastly placed in its proper position) the puzzle circuit will be completed as well, and the load will perform as intended, issuing a visual or audible (or both) feedback to the assembler.”
the at least one audio circuit ([0010], “puzzle which will play an audible recording”, Examiner notes that an audible recording uses an audio circuit to transmit sound.) and the at least one visual circuit ([0010], “puzzle which will issue a visual display”) by electrically contacting circuit portions in the contoured shaped sections when the sections are placed ([0032], “embodiment of the … invention envisions … portions of the … puzzle … each … portion of the puzzle … having their own self-contained and dedicated puzzle circuits);
Tamarkin and Tuccillo combined are considered analogous to the claimed invention because they are in the field of biological molecule puzzles and puzzles with communication and interactive feedback features. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for an interactive plasmid-based educational device comprising: at least one first contoured shaped section having at least one end configured with at least one matching geometry that mates with only a predetermined complementary section to prevent biologically disallowed assembly of adjacent plasmid functional units, at least one second contoured shaped section having at least one end configured with at least one universal joining geometry that is joinable with a plurality of different plasmid functional-unit sections in the closed-loop plasmid construct; wherein the at least first contoured shaped section and the at least one second contoured shaped section are configured to mimic at least one portion of a plasmid configured to support the at least one first contoured shaped section and the at least one second contoured shaped section joined to one another; configured so that the at least one first contoured shaped section and the at least one second contoured shaped section, and the circular support base is further configured to engage with; wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section form a biologically accurate visual representation as well as a biologically functional sequence of at least one plasmid assembled from a least two functional units, as disclosed by Tamarkin, at least one audio circuit configured to output plasmid-portion-specific instructional audio in response to placement of a corresponding contoured shaped section; at least one visual circuit configured to indicate correctness of plasmid assembly by illuminating a selected plasmid section or a visual indicator associated with the assembled plasmid construct; wherein the at least one first contoured shaped section and the at least second contoured shaped section contain at least a portion of the at least one audio circuit and the at least one visual circuit such that section-to-section joining and section-to-base contact jointly define completion of the circuit wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section complete at least one of the at least one audio circuit or the at least one visual circuit only when the sections are arranged in a biologically permitted plasmid sequence, the at least one audio circuit and the at least one visual circuit by electrically contacting circuit portions in the contoured shaped sections when the sections are placed, as disclosed by Tuccillo, to provide a circuit, audible feedback, visual feedback, an electrical conductor, a speaker, a light-emitting display, an audible recording, and a visual display for a puzzle that is capable of communicating using interactive feedback.
Salloum discloses
the circular base forming part of the educational device and defining a closed-loop support surface sized to receive the contoured shaped sections in plasmid order (column 7, lines 44-45, “chambers shown … having a circular base”)
on the circular base
(column 7, lines 44-45, “chambers shown … having a circular base”)
a circular support base
(column 7, lines 44-45, “chambers shown … having a circular base”)
rest atop the circular support base of the educational kit, the circular support base being dimensioned to receive the sections as a closed- loop plasmid construct (column 6, lines 25-27, “The … container is … resting on the base … of the main chamber”)
on the support base
(column 7, lines 44-45, “chambers shown … having a circular base”)
Tamarkin and Salloum combined are considered analogous to the claimed invention because they are in the fields of biological molecule puzzles and arithmetic educational tools. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for an interactive plasmid-based educational device comprising: at least one first contoured shaped section having at least one end configured with at least one matching geometry that mates with only a predetermined complementary section to prevent biologically disallowed assembly of adjacent plasmid functional units, at least one second contoured shaped section having at least one end configured with at least one universal joining geometry that is joinable with a plurality of different plasmid functional-unit sections in the closed-loop plasmid construct; wherein the at least first contoured shaped section and the at least one second contoured shaped section are configured to mimic at least one portion of a plasmid configured to support the at least one first contoured shaped section and the at least one second contoured shaped section joined to one another; configured so that the at least one first contoured shaped section and the at least one second contoured shaped section, and the circular support base is further configured to engage with; wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section form a biologically accurate visual representation as well as a biologically functional sequence of at least one plasmid assembled from a least two functional units, as disclosed by Tamarkin, the circular base forming part of the educational device and defining a closed-loop support surface sized to receive the contoured shaped sections in plasmid order on the circular base
a circular support base rest atop the circular support base of the educational kit, the circular support base being dimensioned to receive the sections as a closed- loop plasmid construct on the support base, as disclosed by Salloum, to provide chambers with a circular base for a tool that facilitates arithmetic education through visual demonstration. One skilled in the art would recognize and value the addition of chambers with a circular base for a tool that facilitates arithmetic education through visual demonstration.
In regards to claim 2, Tamarkin does not disclose further comprising wherein the at least one audio circuit provides a positive indication for correct assembly of the at least one first contoured shaped section and the at least second contoured shaped section and the at least one audio circuit provides a negative indication for incorrect assembly of the at least one first contoured shaped section and the at least second contoured shaped section based on whether the sections are arranged in a biologically functional plasmid sequence.
Tuccillo discloses
further comprising wherein the at least one audio circuit provides a positive indication for correct assembly of the at least one first contoured shaped section and the at least second contoured shaped section and the at least one audio circuit provides a negative indication for incorrect assembly of the at least one first contoured shaped section and the at least second contoured shaped section based on whether the sections are arranged in a biologically functional plasmid sequence ([0040], “predetermined puzzle pieces can determine whether they have been assembled properly, or not, and thereafter provide …audible feedback”).
Tamarkin and Tuccillo combined are considered analogous to the claimed invention because they are in the field of biological molecule puzzles and puzzles with communication and interactive feedback features. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for an interactive plasmid-based educational device comprising: at least one first contoured shaped section having at least one end configured with at least one matching geometry that mates with only a predetermined complementary section to prevent biologically disallowed assembly of adjacent plasmid functional units, at least one second contoured shaped section having at least one end configured with at least one universal joining geometry that is joinable with a plurality of different plasmid functional-unit sections in the closed-loop plasmid construct; wherein the at least first contoured shaped section and the at least one second contoured shaped section are configured to mimic at least one portion of a plasmid configured to support the at least one first contoured shaped section and the at least one second contoured shaped section joined to one another; configured so that the at least one first contoured shaped section and the at least one second contoured shaped section, and the circular support base is further configured to engage with; wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section form a biologically accurate visual representation as well as a biologically functional sequence of at least one plasmid assembled from a least two functional units, as disclosed by Tamarkin, at least one audio circuit configured to output plasmid-portion-specific instructional audio in response to placement of a corresponding contoured shaped section; at least one visual circuit configured to indicate correctness of plasmid assembly by illuminating a selected plasmid section or a visual indicator associated with the assembled plasmid construct; wherein the at least one first contoured shaped section and the at least second contoured shaped section contain at least a portion of the at least one audio circuit and the at least one visual circuit such that section-to-section joining and section-to-base contact jointly define completion of the circuit wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section complete at least one of the at least one audio circuit or the at least one visual circuit only when the sections are arranged in a biologically permitted plasmid sequence , the at least one audio circuit and the at least one visual circuit by electrically contacting circuit portions in the contoured shaped sections when the sections are placed, further comprising wherein the at least one audio circuit provides a positive indication for correct assembly of the at least one first contoured shaped section and the at least second contoured shaped section and the at least one audio circuit provides a negative indication for incorrect assembly of the at least one first contoured shaped section and the at least second contoured shaped section based on whether the sections are arranged in a biologically functional plasmid sequence, as disclosed by Tuccillo, to provide a circuit, audible feedback, visual feedback, an electrical conductor, a speaker, a light-emitting display, an audible recording, and a visual display for a puzzle that is capable of communicating using interactive feedback.
In regards to claim 3, Tamarkin does not disclose further comprising wherein the at least one visual circuit provides a positive indication for correct assembly of the at least one first contoured shaped section and the at least second contoured shaped section and the at least one audio circuit provides a negative indication for incorrect assembly of the at least one first contoured shaped section and the at least second contoured shaped section the positive and negative indications corresponding to correct and incorrect plasmid functional-unit ordering.
Tuccillo discloses
further comprising wherein the at least one visual circuit provides a positive indication for correct assembly of the at least one first contoured shaped section and the at least second contoured shaped section and the at least one audio circuit provides a negative indication for incorrect assembly of the at least one first contoured shaped section and the at least second contoured shaped section the positive and negative indications corresponding to correct and incorrect plasmid functional-unit ordering ([0040], “predetermined puzzle pieces can determine whether they have been assembled properly, or not, and thereafter provide a visual … feedback”).
Tamarkin and Tuccillo combined are considered analogous to the claimed invention because they are in the field of biological molecule puzzles and puzzles with communication and interactive feedback features. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for an interactive plasmid-based educational device comprising: at least one first contoured shaped section having at least one end configured with at least one matching geometry that mates with only a predetermined complementary section to prevent biologically disallowed assembly of adjacent plasmid functional units, at least one second contoured shaped section having at least one end configured with at least one universal joining geometry that is joinable with a plurality of different plasmid functional-unit sections in the closed-loop plasmid construct; wherein the at least first contoured shaped section and the at least one second contoured shaped section are configured to mimic at least one portion of a plasmid configured to support the at least one first contoured shaped section and the at least one second contoured shaped section joined to one another; configured so that the at least one first contoured shaped section and the at least one second contoured shaped section, and the circular support base is further configured to engage with; wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section form a biologically accurate visual representation as well as a biologically functional sequence of at least one plasmid assembled from a least two functional units, as disclosed by Tamarkin, at least one audio circuit configured to output plasmid-portion-specific instructional audio in response to placement of a corresponding contoured shaped section; at least one visual circuit configured to indicate correctness of plasmid assembly by illuminating a selected plasmid section or a visual indicator associated with the assembled plasmid construct; wherein the at least one first contoured shaped section and the at least second contoured shaped section contain at least a portion of the at least one audio circuit and the at least one visual circuit such that section-to-section joining and section-to-base contact jointly define completion of the circuit wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section complete at least one of the at least one audio circuit or the at least one visual circuit only when the sections are arranged in a biologically permitted plasmid sequence, the at least one audio circuit and the at least one visual circuit by electrically contacting circuit portions in the contoured shaped sections when the sections are placed, further comprising wherein the at least one audio circuit provides a positive indication for correct assembly of the at least one first contoured shaped section and the at least second contoured shaped section and the at least one audio circuit provides a negative indication for incorrect assembly of the at least one first contoured shaped section and the at least second contoured shaped section based on whether the sections are arranged in a biologically functional plasmid sequence, further comprising wherein the at least one visual circuit provides a positive indication for correct assembly of the at least one first contoured shaped section and the at least second contoured shaped section and the at least one audio circuit provides a negative indication for incorrect assembly of the at least one first contoured shaped section and the at least second contoured shaped section the positive and negative indications corresponding to correct and incorrect plasmid functional-unit ordering, as disclosed by Tuccillo, to provide a circuit, audible feedback, visual feedback, an electrical conductor, a speaker, a light-emitting display, an audible recording, and a visual display for a puzzle that is capable of communicating using interactive feedback.
In regards to claim 4, Tamarkin discloses
further comprising at least one third contoured shaped section having at least one first end with at least one matching geometry and at least one second end with at least one universal joining geometry ([0016], “FIG. 10 is a … nucleotide of a DNA molecule, showing that its specific nitrogenous base component will fit with it in all of its forms (A, C, G, and T”; [0034], “A guanine puzzle piece 74 is shown with a G printed … A cytosine puzzle piece 78 is shown with a C printed … the cytosine puzzle piece 78 has a puzzle connector that appears as three bumps 91 in this embodiment and the Guanine puzzle piece 74 has a puzzle connector 95 configured to received [receive] the puzzle connector 91”, See annotated Tamarkin FIG. 10.)
In regards to claim 5, Tamarkin does not disclose further comprising the circular base also contains at least another portion of the at least one audio circuit and the at least one visual circuit that electrically interfaces with circuit portions contained in the contoured shaped sections upon placement on the base.
Salloum discloses
further comprising the circular base (column 7, lines 44-45, “chambers shown … having a circular base”)
Tamarkin and Salloum combined are considered analogous to the claimed invention because they are in the fields of biological molecule puzzles and arithmetic educational tools. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for an interactive plasmid-based educational device comprising: at least one first contoured shaped section having at least one end configured with at least one matching geometry that mates with only a predetermined complementary section to prevent biologically disallowed assembly of adjacent plasmid functional units, at least one second contoured shaped section having at least one end configured with at least one universal joining geometry that is joinable with a plurality of different plasmid functional-unit sections in the closed-loop plasmid construct; wherein the at least first contoured shaped section and the at least one second contoured shaped section are configured to mimic at least one portion of a plasmid configured to support the at least one first contoured shaped section and the at least one second contoured shaped section joined to one another; configured so that the at least one first contoured shaped section and the at least one second contoured shaped section, and the circular support base is further configured to engage with; wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section form a biologically accurate visual representation as well as a biologically functional sequence of at least one plasmid assembled from a least two functional units, as disclosed by Tamarkin, the circular base forming part of the educational device and defining a closed-loop support surface sized to receive the contoured shaped sections in plasmid order on the circular base
a circular support base rest atop the circular support base of the educational kit, the circular support base being dimensioned to receive the sections as a closed- loop plasmid construct on the support base, as disclosed by Salloum, to provide chambers with a circular base for a tool that facilitates arithmetic education through visual demonstration. One skilled in the art would recognize and value the addition of chambers with a circular base for a tool that facilitates arithmetic education through visual demonstration.
Tuccillo discloses
also contains at least another portion of the at least one audio circuit ([0010], “puzzle which will play an audible recording”, Examiner notes that an audible recording uses an audio circuit to transmit sound.) and the at least one visual circuit ([0010], “puzzle which will issue a visual display”) that electrically interfaces with circuit portions contained in the contoured shaped sections upon placement on the base ([0032], “embodiment of the … invention envisions … portions of the … puzzle … each … portion of the puzzle … having their own self-contained and dedicated puzzle circuits)
Tamarkin and Tuccillo combined are considered analogous to the claimed invention because they are in the field of biological molecule puzzles and puzzles with communication and interactive feedback features. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for an interactive plasmid-based educational device comprising: at least one first contoured shaped section having at least one end configured with at least one matching geometry that mates with only a predetermined complementary section to prevent biologically disallowed assembly of adjacent plasmid functional units, at least one second contoured shaped section having at least one end configured with at least one universal joining geometry that is joinable with a plurality of different plasmid functional-unit sections in the closed-loop plasmid construct; wherein the at least first contoured shaped section and the at least one second contoured shaped section are configured to mimic at least one portion of a plasmid configured to support the at least one first contoured shaped section and the at least one second contoured shaped section joined to one another; configured so that the at least one first contoured shaped section and the at least one second contoured shaped section, and the circular support base is further configured to engage with; wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section form a biologically accurate visual representation as well as a biologically functional sequence of at least one plasmid assembled from a least two functional units, as disclosed by Tamarkin, at least one audio circuit configured to output plasmid-portion-specific instructional audio in response to placement of a corresponding contoured shaped section; at least one visual circuit configured to indicate correctness of plasmid assembly by illuminating a selected plasmid section or a visual indicator associated with the assembled plasmid construct; wherein the at least one first contoured shaped section and the at least second contoured shaped section contain at least a portion of the at least one audio circuit and the at least one visual circuit such that section-to-section joining and section-to-base contact jointly define completion of the circuit wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section complete at least one of the at least one audio circuit or the at least one visual circuit only when the sections are arranged in a biologically permitted plasmid sequence, the at least one audio circuit and the at least one visual circuit by electrically contacting circuit portions in the contoured shaped sections when the sections are placed, as disclosed by Tuccillo, to provide a circuit, audible feedback, visual feedback, an electrical conductor, a speaker, a light-emitting display, an audible recording, and a visual display for a puzzle that is capable of communicating using interactive feedback.
In regards to claim 6, Tamarkin does not disclose further comprising the at least one audio circuit providing an auditory explanation of a particular plasmid portion represented by the at least one first contoured shaped section or the at least one second contoured shaped section when placed upon the circular base the auditory explanation identifying the name and function of that plasmid portion.
Tuccillo discloses
further comprising the at least one audio circuit providing an auditory explanation of a particular plasmid portion represented by the at least one first contoured shaped section or the at least one second contoured shaped section when placed upon, the auditory explanation identifying the name and function of that plasmid portion ([0042], “when the assembler has completed putting … the puzzle … together … the puzzle circuit will be completed … and the load will perform … issuing … audible … feedback to the assembler”).
Tamarkin and Tuccillo combined are considered analogous to the claimed invention because they are in the field of biological molecule puzzles and puzzles with communication and interactive feedback features. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for an interactive plasmid-based educational device comprising: at least one first contoured shaped section having at least one end configured with at least one matching geometry that mates with only a predetermined complementary section to prevent biologically disallowed assembly of adjacent plasmid functional units, at least one second contoured shaped section having at least one end configured with at least one universal joining geometry that is joinable with a plurality of different plasmid functional-unit sections in the closed-loop plasmid construct; wherein the at least first contoured shaped section and the at least one second contoured shaped section are configured to mimic at least one portion of a plasmid configured to support the at least one first contoured shaped section and the at least one second contoured shaped section joined to one another; configured so that the at least one first contoured shaped section and the at least one second contoured shaped section, and the circular support base is further configured to engage with; wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section form a biologically accurate visual representation as well as a biologically functional sequence of at least one plasmid assembled from a least two functional units, as disclosed by Tamarkin, at least one audio circuit configured to output plasmid-portion-specific instructional audio in response to placement of a corresponding contoured shaped section; at least one visual circuit configured to indicate correctness of plasmid assembly by illuminating a selected plasmid section or a visual indicator associated with the assembled plasmid construct; wherein the at least one first contoured shaped section and the at least second contoured shaped section contain at least a portion of the at least one audio circuit and the at least one visual circuit such that section-to-section joining and section-to-base contact jointly define completion of the circuit wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section complete at least one of the at least one audio circuit or the at least one visual circuit only when the sections are arranged in a biologically permitted plasmid sequence, the at least one audio circuit and the at least one visual circuit by electrically contacting circuit portions in the contoured shaped sections when the sections are placed, further comprising the at least one audio circuit providing an auditory explanation of a particular plasmid portion represented by the at least one first contoured shaped section or the at least one second contoured shaped section when placed upon, the auditory explanation identifying the name and function of that plasmid portion, as disclosed by Tuccillo, to provide a circuit, audible feedback, visual feedback, an electrical conductor, a speaker, a light-emitting display, an audible recording, and a visual display for a puzzle that is capable of communicating using interactive feedback.
Salloum discloses
the circular base
Tamarkin and Salloum combined are considered analogous to the claimed invention because they are in the fields of biological molecule puzzles and arithmetic educational tools. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for an interactive plasmid-based educational device comprising: at least one first contoured shaped section having at least one end configured with at least one matching geometry that mates with only a predetermined complementary section to prevent biologically disallowed assembly of adjacent plasmid functional units, at least one second contoured shaped section having at least one end configured with at least one universal joining geometry that is joinable with a plurality of different plasmid functional-unit sections in the closed-loop plasmid construct; wherein the at least first contoured shaped section and the at least one second contoured shaped section are configured to mimic at least one portion of a plasmid configured to support the at least one first contoured shaped section and the at least one second contoured shaped section joined to one another; configured so that the at least one first contoured shaped section and the at least one second contoured shaped section, and the circular support base is further configured to engage with; wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section form a biologically accurate visual representation as well as a biologically functional sequence of at least one plasmid assembled from a least two functional units, as disclosed by Tamarkin, the circular base forming part of the educational device and defining a closed-loop support surface sized to receive the contoured shaped sections in plasmid order on the circular base
a circular support base rest atop the circular support base of the educational kit, the circular support base being dimensioned to receive the sections as a closed- loop plasmid construct on the support base, as disclosed by Salloum, to provide chambers with a circular base for a tool that facilitates arithmetic education through visual demonstration. One skilled in the art would recognize and value the addition of chambers with a circular base for a tool that facilitates arithmetic education through visual demonstration.
In regards to claim 7, Tamarkin discloses the following limitations with the exception of the underlined limitations.
a method for instruction regarding plasmid construction comprising: providing an educational kit comprising a circular plasmid-assembly base and a plurality of plasmid functional-unit sections, the kit being configured to verify biologically correct assembly by circuit completion ([0045], “models… for teaching and learning about cells… interactive, and can reflect hundreds of biological molecules”):
a circular support base included in the educational kit and configured to support a closed- loop plasmid construct formed from the contoured shaped sections;
at least one first contoured shaped section having at least one end configured with at least one matching geometry that prevents placement of the section adjacent to biologically incompatible plasmid functional units ([0033], “FIG. 10 shows a DNA puzzle … DNA nucleotide puzzle piece has a first DNA nucleotide puzzle connector 67 … is configured to removeably attach to a hydrogen puzzle connector 24”, See annotated Tamarkin FIG. 10.);
at least one second contoured shaped section having at least one end configured with at least one universal joining geometry permitting selective interchange with a plurality of different plasmid functional-unit sections ([0033], “FIG. 10 shows a DNA puzzle… DNA nucleotide puzzle connector 68 is configured to removeably attach to a DNA nitrogenous base puzzle connector 90”, See annotated Tamarkin FIG. 10.)
wherein the at least first contoured shaped section and the at least one second contoured shaped section are configured to mimic at least one portion of a plasmid ([0026], “FIG. 10 is a schematic view of the puzzle set for the nucleotide of a DNA molecule”, Examiner notes that the claim requires mimicking a portion of “a plasmid” (which is by definition, a small circular DNA molecule) and that it would be obvious to one of ordinary skill in the art before the effective date of the applicant’s invention to modify a DNA molecule of Tamarkin to be a plasmid since a variation in a molecule alone, without demonstration of the criticality of a specific limitation, may be obvious to a person of ordinary skill in the art. “In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966), [t]he court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.” MPEP § 2144.04-IV-B.) selected from an origin of replication, promoter, selectable marker, insert, tag, or termination portion;
at least one audio circuit configured to provide plasmid-portion-specific instructional output during assembly of the educational kit;
at least one visual circuit configured to indicate correct or incorrect plasmid construct assembly during use of the educational kit;
wherein the at least one first contoured shaped section and the at least one second contoured shaped section contain at least a portion of the at least one audio circuit and the at least one visual circuit for completion by both section-to-section joining and placement on the circular support base;
the circular support base configured so that the at least one first contoured shaped section ([0033], “FIG. 10 shows a DNA puzzle … DNA nucleotide puzzle piece has a first DNA nucleotide puzzle connector 67 … is configured to removeably attach to a hydrogen puzzle connector 24”, See annotated Tamarkin FIG. 10.) and the at least one second contoured shaped section rest atop the circular support base and the circular support base is further configured to engage with ([0033], “FIG. 10 shows a DNA puzzle… DNA nucleotide puzzle connector 68 is configured to removeably attach to a DNA nitrogenous base puzzle connector 90”, See annotated Tamarkin FIG. 10.) the at least one audio circuit and the at least one visual circuit by electrically contacting circuit portions in the sections when the sections are placed on the support base of the educational kit;
wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section complete at least one of the at least one audio circuit or the at least one visual circuit only upon biologically correct plasmid assembly on the circular support base;
providing at least one set of instructions, wherein the at least one set of instructions direct how to form a plasmid construct via placing the at least one first contoured shaped section and the at least one second contoured shaped section onto the circular base in a predetermined order corresponding to a biologically functional plasmid sequence of functional units ([0035], “FIG. 11 shows how a representation of a DNA double helix can be formed using a plurality of DNA puzzles 66”; [0036], “FIG. 12 shows another embodiment of how the DNA puzzle 66 can be arranged”, Examiner notes that figures 11 and 12 provide instructions for puzzle assembly and a predetermined order is spatial order.)
wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section form a biologically accurate visual representation as well as a biologically functional sequence of at least one plasmid assembled from a least two functional units ([0016], “FIG. 10 is a schematic view of the puzzle set for the nucleotide of a DNA molecule, showing that its specific nitrogenous base component will fit with it in all of its forms (A, C, G, and T)”, See annotated Tamarkin FIG. 10. Examiner notes that a plasmid is a molecule of DNA and that O and P in FIG. 10 may represent two biologically functional sequenced units – origin of replication and promoter, respectively.) including an origin of replication and a promoter arranged to support expression-vector instruction.
Salloum discloses
a circular plasmid-assembly base (column 7, lines 44-45, “chambers shown … having a circular base”)
a circular support base included in the educational kit and configured to support a closed- loop plasmid construct formed from the contoured shaped sections (column 7, lines 44-45, “chambers shown … having a circular base”);
the circular base forming part of the educational device and defining a closed-loop support surface sized to receive the contoured shaped sections in plasmid order (column 7, lines 44-45, “chambers shown … having a circular base”)
on the circular base
(column 7, lines 44-45, “chambers shown … having a circular base”)
the circular support base
(column 7, lines 44-45, “chambers shown … having a circular base”)
on the support base of the educational kit
(column 7, lines 44-45, “chambers shown … having a circular base”)
Tamarkin and Salloum combined are considered analogous to the claimed invention because they are in the fields of biological molecule puzzles and arithmetic educational tools. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a method for instruction regarding plasmid construction providing an educational kit comprising and a plurality of plasmid functional-unit sections, the kit being configured to verify biologically correct assembly by circuit completion, at least one first contoured shaped section having at least one end configured with at least one matching geometry that prevents placement of the section adjacent to biologically incompatible plasmid functional units; at least one second contoured shaped section having at least one end configured with at least one universal joining geometry permitting selective interchange with a plurality of different plasmid functional-unit sections wherein the at least first contoured shaped section and the at least one second contoured shaped section are configured to mimic at least one portion of a plasmid, configured so that the at least one first contoured shaped section and the at least one second contoured shaped section rest atop the circular support base and the circular support base is further configured to engage with,
providing at least one set of instructions, wherein the at least one set of instructions direct how to form a plasmid construct via placing the at least one first contoured shaped section and the at least one second contoured shaped section onto the circular base in a predetermined order corresponding to a biologically functional plasmid sequence of functional units wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section form a biologically accurate visual representation as well as a biologically functional sequence of at least one plasmid assembled from a least two functional units, as disclosed by Tamarkin, a circular plasmid-assembly base, a circular support base included in the educational kit and configured to support a closed- loop plasmid construct formed from the contoured shaped sections, the circular base forming part of the educational device and defining a closed-loop support surface sized to receive the contoured shaped sections in plasmid order, on the circular base, the circular support base, on the support base of the educational kit, as disclosed by Salloum, to provide chambers with a circular base for a tool that facilitates arithmetic education through visual demonstration. One skilled in the art would recognize and value the addition of chambers with a circular base for a tool that facilitates arithmetic education through visual demonstration.
Holloway discloses
selected from an origin of replication ([0107], “enzyme uses the 3’-hydroxyl groups as replication initiation points”), promoter region ([0168], “Transcriptional regulatory sequences include a promoter region”), selectable marker, insert, tag, or termination portion ([0170], “Techniques for introducing vectors into eukaryotic cells and techniques for selecting such stable transformants using a dominant selectable marker are described”)
including an origin of replication ([0107], “enzyme uses the 3’-hydroxyl groups as replication initiation points”) and a promoter arranged to support expression-vector instruction ([0043], “an expression vector comprises a transcription promoter”).
Tamarkin and Holloway combined are considered analogous to the claimed invention because they are in the field of biological molecule puzzles and puzzles with communication and interactive feedback features. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a method for instruction regarding plasmid construction providing an educational kit comprising and a plurality of plasmid functional-unit sections, the kit being configured to verify biologically correct assembly by circuit completion, at least one first contoured shaped section having at least one end configured with at least one matching geometry that prevents placement of the section adjacent to biologically incompatible plasmid functional units; at least one second contoured shaped section having at least one end configured with at least one universal joining geometry permitting selective interchange with a plurality of different plasmid functional-unit sections wherein the at least first contoured shaped section and the at least one second contoured shaped section are configured to mimic at least one portion of a plasmid, configured so that the at least one first contoured shaped section and the at least one second contoured shaped section rest atop the circular support base and the circular support base is further configured to engage with, providing at least one set of instructions, wherein the at least one set of instructions direct how to form a plasmid construct via placing the at least one first contoured shaped section and the at least one second contoured shaped section onto the circular base in a predetermined order corresponding to a biologically functional plasmid sequence of functional units wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section form a biologically accurate visual representation as well as a biologically functional sequence of at least one plasmid assembled from a least two functional units, as disclosed by Tamarkin, selected from an origin of replication, promoter region, selectable marker, insert, tag, or termination portion including an origin of replication and a promoter arranged to support expression-vector instruction, as disclosed by Holloway, to provide replication initiation points, a promoter region, and a dominant selectable marker for a novel tumor necrosis factor-stimulated gene to teach molecular biology. One skilled in the art would recognize and value the addition of replication initiation points, a promoter region, and a dominant selectable marker for a novel tumor necrosis factor-stimulated gene to teach molecular biology.
Tuccillo discloses
at least one audio circuit configured to provide plasmid-portion-specific instructional output during assembly of the educational kit (([0042], “when the assembler has completed putting … the puzzle … together … the puzzle circuit will be completed … and the load will perform … issuing … audible … feedback to the assembler”);
at least one visual circuit configured to indicate correct or incorrect plasmid construct assembly during use of the educational kit ([0042], “when the assembler has completed putting … the puzzle … together … the puzzle circuit will be completed … and the load will perform … issuing … a visual … feedback to the assembler”);
wherein the at least one first contoured shaped section and the at least second contoured shaped section contain at least a portion of the at least one audio circuit and the at least one visual circuit for completion by both section-to-section joining and placement ([0037]-[0038], “by embedding an electrical conductor within at least a predetermined number of pieces of a … puzzle… load … energized; load …may be … devices … attached to a speaker … or a light emitting … display device”);
wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section complete at least one of the at least one audio circuit or the at least one visual circuit only upon biologically correct plasmid assembly on ([0042], “when the assembler has completed putting the last piece of the puzzle 5 together (regardless of which particular piece was lastly placed in its proper position) the puzzle circuit will be completed as well, and the load will perform as intended, issuing a visual or audible (or both) feedback to the assembler.”).
Tamarkin and Tuccillo combined are considered analogous to the claimed invention because they are in the field of biological molecule puzzles and puzzles with communication and interactive feedback features. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a method for instruction regarding plasmid construction providing an educational kit comprising and a plurality of plasmid functional-unit sections, the kit being configured to verify biologically correct assembly by circuit completion, at least one first contoured shaped section having at least one end configured with at least one matching geometry that prevents placement of the section adjacent to biologically incompatible plasmid functional units; at least one second contoured shaped section having at least one end configured with at least one universal joining geometry permitting selective interchange with a plurality of different plasmid functional-unit sections wherein the at least first contoured shaped section and the at least one second contoured shaped section are configured to mimic at least one portion of a plasmid, configured so that the at least one first contoured shaped section and the at least one second contoured shaped section rest atop the circular support base and the circular support base is further configured to engage with, providing at least one set of instructions, wherein the at least one set of instructions direct how to form a plasmid construct via placing the at least one first contoured shaped section and the at least one second contoured shaped section onto the circular base in a predetermined order corresponding to a biologically functional plasmid sequence of functional units wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section form a biologically accurate visual representation as well as a biologically functional sequence of at least one plasmid assembled from a least two functional units, as disclosed by Tamarkin, at least one audio circuit configured to provide plasmid-portion-specific instructional output during assembly of the educational kit, at least one visual circuit configured to indicate correct or incorrect plasmid construct assembly during use of the educational kit, wherein the at least one first contoured shaped section and the at least second contoured shaped section contain at least a portion of the at least one audio circuit and the at least one visual circuit for completion by both section-to-section joining and placement, wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section complete at least one of the at least one audio circuit or the at least one visual circuit only upon biologically correct plasmid assembly on, as disclosed by Tuccillo, to provide an audible recording, a visual display, and an electrical conductor for a puzzle that is capable of communicating using interactive feedback. One skilled in the art would recognize and value the addition of an audible recording, a visual display, and an electrical conductor for a puzzle that is capable of communicating using interactive feedback.
In regards to claim 8, Tamarkin does not disclose further comprising providing via the at least one audio circuit provides a positive indication for correct assembly of the at least one first contoured shaped section and the at least second contoured shaped section and the at least one audio circuit provides a negative indication for incorrect assembly of the at least one first contoured shaped section and the at least second contoured shaped section based on whether the sections define a biologically functional plasmid sequence.
Tuccillo discloses
further comprising providing via the at least one audio circuit provides a positive indication for correct assembly of the at least one first contoured shaped section and the at least second contoured shaped section and the at least one audio circuit provides a negative indication for incorrect assembly of the at least one first contoured shaped section and the at least second contoured shaped section based on whether the sections define a biologically functional plasmid sequence ([0040], “predetermined puzzle pieces can determine whether they have been assembled properly, or not, and thereafter provide …audible feedback”).
Tamarkin and Tuccillo combined are considered analogous to the claimed invention because they are in the field of biological molecule puzzles and puzzles with communication and interactive feedback features. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a method for instruction regarding plasmid construction providing an educational kit comprising and a plurality of plasmid functional-unit sections, the kit being configured to verify biologically correct assembly by circuit completion, at least one first contoured shaped section having at least one end configured with at least one matching geometry that prevents placement of the section adjacent to biologically incompatible plasmid functional units; at least one second contoured shaped section having at least one end configured with at least one universal joining geometry permitting selective interchange with a plurality of different plasmid functional-unit sections wherein the at least first contoured shaped section and the at least one second contoured shaped section are configured to mimic at least one portion of a plasmid, configured so that the at least one first contoured shaped section and the at least one second contoured shaped section rest atop the circular support base and the circular support base is further configured to engage with, providing at least one set of instructions, wherein the at least one set of instructions direct how to form a plasmid construct via placing the at least one first contoured shaped section and the at least one second contoured shaped section onto the circular base in a predetermined order corresponding to a biologically functional plasmid sequence of functional units wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section form a biologically accurate visual representation as well as a biologically functional sequence of at least one plasmid assembled from a least two functional units, as disclosed by Tamarkin, at least one audio circuit configured to provide plasmid-portion-specific instructional output during assembly of the educational kit, at least one visual circuit configured to indicate correct or incorrect plasmid construct assembly during use of the educational kit, wherein the at least one first contoured shaped section and the at least second contoured shaped section contain at least a portion of the at least one audio circuit and the at least one visual circuit for completion by both section-to-section joining and placement, wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section complete at least one of the at least one audio circuit or the at least one visual circuit only upon biologically correct plasmid assembly on, further comprising providing via the at least one audio circuit provides a positive indication for correct assembly of the at least one first contoured shaped section and the at least second contoured shaped section and the at least one audio circuit provides a negative indication for incorrect assembly of the at least one first contoured shaped section and the at least second contoured shaped section based on whether the sections define a biologically functional plasmid sequence, as disclosed by Tuccillo, to provide an audible recording, a visual display, an electrical conductor, and audible feedback for a puzzle that is capable of communicating. One skilled in the art would recognize and value the addition of an audible recording, a visual display, an electrical conductor, and audible feedback for a puzzle that is capable of communicating using interactive feedback.
In regards to claim 9, Tamarkin does not disclose further comprising providing via the at least one visual circuit provides a positive indication for correct assembly of the at least one first contoured shaped section and the at least second contoured shaped section and the at least one audio circuit provides a negative indication for incorrect assembly of the at least one first contoured shaped section and the at least second contoured shaped section, the indications corresponding to correct and incorrect plasmid functional-unit sequence assembly.
Tuccillo discloses
further comprising providing via the at least one visual circuit provides a positive indication for correct assembly of the at least one first contoured shaped section and the at least second contoured shaped section and the at least one audio circuit provides a negative indication for incorrect assembly of the at least one first contoured shaped section and the at least second contoured shaped section the indications corresponding to correct and incorrect plasmid functional-unit sequence assembly ([0040], “predetermined puzzle pieces can determine whether they have been assembled properly, or not, and thereafter provide a visual … feedback”).
Tamarkin and Tuccillo combined are considered analogous to the claimed invention because they are in the field of biological molecule puzzles and puzzles with communication and interactive feedback features. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a method for instruction regarding plasmid construction providing an educational kit comprising and a plurality of plasmid functional-unit sections, the kit being configured to verify biologically correct assembly by circuit completion, at least one first contoured shaped section having at least one end configured with at least one matching geometry that prevents placement of the section adjacent to biologically incompatible plasmid functional units; at least one second contoured shaped section having at least one end configured with at least one universal joining geometry permitting selective interchange with a plurality of different plasmid functional-unit sections wherein the at least first contoured shaped section and the at least one second contoured shaped section are configured to mimic at least one portion of a plasmid, configured so that the at least one first contoured shaped section and the at least one second contoured shaped section rest atop the circular support base and the circular support base is further configured to engage with, providing at least one set of instructions, wherein the at least one set of instructions direct how to form a plasmid construct via placing the at least one first contoured shaped section and the at least one second contoured shaped section onto the circular base in a predetermined order corresponding to a biologically functional plasmid sequence of functional units wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section form a biologically accurate visual representation as well as a biologically functional sequence of at least one plasmid assembled from a least two functional units, as disclosed by Tamarkin, at least one audio circuit configured to provide plasmid-portion-specific instructional output during assembly of the educational kit, at least one visual circuit configured to indicate correct or incorrect plasmid construct assembly during use of the educational kit, wherein the at least one first contoured shaped section and the at least second contoured shaped section contain at least a portion of the at least one audio circuit and the at least one visual circuit for completion by both section-to-section joining and placement, wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section complete at least one of the at least one audio circuit or the at least one visual circuit only upon biologically correct plasmid assembly on, further comprising providing via the at least one visual circuit provides a positive indication for correct assembly of the at least one first contoured shaped section and the at least second contoured shaped section and the at least one audio circuit provides a negative indication for incorrect assembly of the at least one first contoured shaped section and the at least second contoured shaped section the indications corresponding to correct and incorrect plasmid functional-unit sequence assembly, as disclosed by Tuccillo, to provide an audible recording, a visual display, an electrical conductor, and visual feedback for a puzzle that is capable of communicating. One skilled in the art would recognize and value the addition of an audible recording, a visual display, an electrical conductor, and visual feedback for a puzzle that is capable of communicating using interactive feedback.
In regards to claim 10, Tamarkin discloses
further comprising configuring at least one third contoured shaped section having at least one first end with at least one matching geometry and at least one second end with at least one universal joining geometry, wherein the third contoured shaped section represents a plasmid functional unit having one fixed biological adjacency and one selectively interchangeable adjacency ([0016], “FIG. 10 is a … nucleotide of a DNA molecule, showing that its specific nitrogenous base component will fit with it in all of its forms (A, C, G, and T”; [0034], “A guanine puzzle piece 74 is shown with a G printed … A cytosine puzzle piece 78 is shown with a C printed … the cytosine puzzle piece 78 has a puzzle connector that appears as three bumps 91 in this embodiment and the Guanine puzzle piece 74 has a puzzle connector 95 configured to received [receive] the puzzle connector 91”, See annotated Tamarkin FIG. 10.)
In regards to claim 11, Tamarkin does not disclose further comprising configuring the circular base to contain at least another portion of the at least one audio circuit and the at least one visual circuit for electrical contact with circuit portions contained in the contoured shaped sections when the sections are placed on the circular base.
Salloum discloses
further comprising configuring the circular base
(column 7, lines 44-45, “chambers shown … having a circular base”)
Tamarkin and Salloum combined are considered analogous to the claimed invention because they are in the fields of biological molecule puzzles and arithmetic educational tools. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a method for instruction regarding plasmid construction providing an educational kit comprising and a plurality of plasmid functional-unit sections, the kit being configured to verify biologically correct assembly by circuit completion, at least one first contoured shaped section having at least one end configured with at least one matching geometry that prevents placement of the section adjacent to biologically incompatible plasmid functional units; at least one second contoured shaped section having at least one end configured with at least one universal joining geometry permitting selective interchange with a plurality of different plasmid functional-unit sections wherein the at least first contoured shaped section and the at least one second contoured shaped section are configured to mimic at least one portion of a plasmid, configured so that the at least one first contoured shaped section and the at least one second contoured shaped section rest atop the circular support base and the circular support base is further configured to engage with,
providing at least one set of instructions, wherein the at least one set of instructions direct how to form a plasmid construct via placing the at least one first contoured shaped section and the at least one second contoured shaped section onto the circular base in a predetermined order corresponding to a biologically functional plasmid sequence of functional units wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section form a biologically accurate visual representation as well as a biologically functional sequence of at least one plasmid assembled from a least two functional units, as disclosed by Tamarkin, a circular plasmid-assembly base, a circular support base included in the educational kit and configured to support a closed- loop plasmid construct formed from the contoured shaped sections, the circular base forming part of the educational device and defining a closed-loop support surface sized to receive the contoured shaped sections in plasmid order, on the circular base, the circular support base, on the support base of the educational kit, further comprising configuring the circular base, as disclosed by Salloum, to provide chambers with a circular base for a tool that facilitates arithmetic education through visual demonstration. One skilled in the art would recognize and value the addition of chambers with a circular base for a tool that facilitates arithmetic education through visual demonstration.
Tuccillo discloses
to contain at least another portion of the at least one audio circuit ([0010], “puzzle which will play an audible recording”, Examiner notes that an audible recording uses an audio circuit to transmit sound.) and the at least one visual circuit ([0010], “puzzle which will issue a visual display”) for electrical contact with circuit portions contained in the contoured shaped sections when the sections are placed on the circular base ([0032], “embodiment of the … invention envisions … portions of the … puzzle … each … portion of the puzzle … having their own self-contained and dedicated puzzle circuits).
Tamarkin and Tuccillo combined are considered analogous to the claimed invention because they are in the field of biological molecule puzzles and puzzles with communication and interactive feedback features. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a method for instruction regarding plasmid construction providing an educational kit comprising and a plurality of plasmid functional-unit sections, the kit being configured to verify biologically correct assembly by circuit completion, at least one first contoured shaped section having at least one end configured with at least one matching geometry that prevents placement of the section adjacent to biologically incompatible plasmid functional units; at least one second contoured shaped section having at least one end configured with at least one universal joining geometry permitting selective interchange with a plurality of different plasmid functional-unit sections wherein the at least first contoured shaped section and the at least one second contoured shaped section are configured to mimic at least one portion of a plasmid, configured so that the at least one first contoured shaped section and the at least one second contoured shaped section rest atop the circular support base and the circular support base is further configured to engage with, providing at least one set of instructions, wherein the at least one set of instructions direct how to form a plasmid construct via placing the at least one first contoured shaped section and the at least one second contoured shaped section onto the circular base in a predetermined order corresponding to a biologically functional plasmid sequence of functional units wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section form a biologically accurate visual representation as well as a biologically functional sequence of at least one plasmid assembled from a least two functional units, as disclosed by Tamarkin, at least one audio circuit configured to provide plasmid-portion-specific instructional output during assembly of the educational kit, at least one visual circuit configured to indicate correct or incorrect plasmid construct assembly during use of the educational kit, wherein the at least one first contoured shaped section and the at least second contoured shaped section contain at least a portion of the at least one audio circuit and the at least one visual circuit for completion by both section-to-section joining and placement, wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section complete at least one of the at least one audio circuit or the at least one visual circuit only upon biologically correct plasmid assembly on, to contain at least another portion of the at least one audio circuit and the at least one visual circuit for electrical contact with circuit portions contained in the contoured shaped sections when the sections are placed on the circular base, as disclosed by Tuccillo, to provide an audible recording, a visual display, an electrical conductor, and circuits for a puzzle that is capable of communicating using interactive feedback. One skilled in the art would recognize and value the addition of an audible recording, a visual display, an electrical conductor, and circuits for a puzzle that is capable of communicating using interactive feedback.
In regards to claim 12, Tamarkin does not disclose further comprising configuring the at least one audio circuit providing an auditory explanation of a particular plasmid portion represented by the at least one first contoured shaped section or the at least one second contoured shaped section when placed upon the circular base, the auditory explanation identifying the name and function of the represented plasmid portion.
Tuccillo discloses
further comprising configuring the at least one audio circuit providing an auditory explanation of a particular plasmid portion represented by the at least one first contoured shaped section or the at least one second contoured shaped section when placed upon, the auditory explanation identifying the name and function of the represented plasmid portion ([0042], “when the assembler has completed putting … the puzzle … together … the puzzle circuit will be completed … and the load will perform … issuing … audible … feedback to the assembler”).
Tamarkin and Tuccillo combined are considered analogous to the claimed invention because they are in the field of biological molecule puzzles and puzzles with communication and interactive feedback features. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a method for instruction regarding plasmid construction providing an educational kit comprising and a plurality of plasmid functional-unit sections, the kit being configured to verify biologically correct assembly by circuit completion, at least one first contoured shaped section having at least one end configured with at least one matching geometry that prevents placement of the section adjacent to biologically incompatible plasmid functional units; at least one second contoured shaped section having at least one end configured with at least one universal joining geometry permitting selective interchange with a plurality of different plasmid functional-unit sections wherein the at least first contoured shaped section and the at least one second contoured shaped section are configured to mimic at least one portion of a plasmid, configured so that the at least one first contoured shaped section and the at least one second contoured shaped section rest atop the circular support base and the circular support base is further configured to engage with, providing at least one set of instructions, wherein the at least one set of instructions direct how to form a plasmid construct via placing the at least one first contoured shaped section and the at least one second contoured shaped section onto the circular base in a predetermined order corresponding to a biologically functional plasmid sequence of functional units wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section form a biologically accurate visual representation as well as a biologically functional sequence of at least one plasmid assembled from a least two functional units, as disclosed by Tamarkin, at least one audio circuit configured to provide plasmid-portion-specific instructional output during assembly of the educational kit, at least one visual circuit configured to indicate correct or incorrect plasmid construct assembly during use of the educational kit, wherein the at least one first contoured shaped section and the at least second contoured shaped section contain at least a portion of the at least one audio circuit and the at least one visual circuit for completion by both section-to-section joining and placement, wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section complete at least one of the at least one audio circuit or the at least one visual circuit only upon biologically correct plasmid assembly on, as disclosed by Tuccillo, to provide an audible recording for a puzzle that is capable of communicating using interactive feedback.
Salloum discloses
the circular base
(column 7, lines 44-45, “chambers shown … having a circular base”)
Tamarkin and Salloum combined are considered analogous to the claimed invention because they are in the fields of biological molecule puzzles and arithmetic educational tools. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a method for instruction regarding plasmid construction providing an educational kit comprising and a plurality of plasmid functional-unit sections, the kit being configured to verify biologically correct assembly by circuit completion, at least one first contoured shaped section having at least one end configured with at least one matching geometry that prevents placement of the section adjacent to biologically incompatible plasmid functional units; at least one second contoured shaped section having at least one end configured with at least one universal joining geometry permitting selective interchange with a plurality of different plasmid functional-unit sections wherein the at least first contoured shaped section and the at least one second contoured shaped section are configured to mimic at least one portion of a plasmid, configured so that the at least one first contoured shaped section and the at least one second contoured shaped section rest atop the circular support base and the circular support base is further configured to engage with,
providing at least one set of instructions, wherein the at least one set of instructions direct how to form a plasmid construct via placing the at least one first contoured shaped section and the at least one second contoured shaped section onto the circular base in a predetermined order corresponding to a biologically functional plasmid sequence of functional units wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section form a biologically accurate visual representation as well as a biologically functional sequence of at least one plasmid assembled from a least two functional units, as disclosed by Tamarkin, a circular plasmid-assembly base, a circular support base included in the educational kit and configured to support a closed- loop plasmid construct formed from the contoured shaped sections, the circular base forming part of the educational device and defining a closed-loop support surface sized to receive the contoured shaped sections in plasmid order, on the circular base, the circular support base, on the support base of the educational kit, as disclosed by Salloum, to provide chambers with a circular base for a tool that facilitates arithmetic education through visual demonstration. One skilled in the art would recognize and value the addition of chambers with a circular base for a tool that facilitates arithmetic education through visual demonstration.
Response to Remarks
Applicant's arguments filed May 26, 2026 have been fully considered but they are not persuasive. Regarding claims 1 and 7, Applicant submits that “Independent Claims 1 and 7 Are Not Rendered Obvious by Tamarkin in View of Tuccillo” (See RESPONSE TO 01/26/2026 NON-FINAL OFFICE ACTION, REMARKS, page 10, paragraph 1), “The Cited Combination Fails to Teach or Suggest a Plasmid-Based
Educational Device with a Circular Support Base That Engages Circuit Portions in Plasmid Functional-Unit Sections to Provide Feedback Only Upon Biologically Correct Assembly” (See RESPONSE TO 01/26/2026 NON-FINAL OFFICE ACTION, REMARKS, page 12, paragraph 1), “The Office Action Has Not Established an Adequate Rationale for Combining Tamarkin and Tuccillo” (See RESPONSE TO 01/26/2026 NON-FINAL OFFICE ACTION, REMARKS, page 15, paragraph 2), “The Office Action's Combination Relies on Impermissible Hindsight
Reconstruction” (See RESPONSE TO 01/26/2026 NON-FINAL OFFICE ACTION, REMARKS, page 17, paragraph 1), and “The Dependent Claims Are Independently Patentable” (See RESPONSE TO 01/26/2026 NON-FINAL OFFICE ACTION, REMARKS, page 17, paragraph 2). Examiner acknowledges Applicant’s remarks. With regards to claim 1, Tamarkin discloses an interactive plasmid-based educational device comprising ([0045], “models… for teaching and learning about cells… interactive, and can reflect hundreds of biological molecules”): at least one first contoured shaped section having at least one end configured with at least one matching geometry that mates with only a predetermined complementary section to prevent biologically disallowed assembly of adjacent plasmid functional units ([0033], “FIG. 10 shows a DNA puzzle … DNA nucleotide puzzle piece has a first DNA nucleotide puzzle connector 67 … is configured to removeably attach to a hydrogen puzzle connector 24”, See annotated Tamarkin FIG. 10.); at least one second contoured shaped section having at least one end configured with at least one universal joining geometry that is joinable with a plurality of different plasmid functional-unit sections in the closed-loop plasmid construct ([0033], “FIG. 10 shows a DNA puzzle… DNA nucleotide puzzle connector 68 is configured to removeably attach to a DNA nitrogenous base puzzle connector 90”, See annotated Tamarkin FIG. 10.); wherein the at least first contoured shaped section and the at least one second contoured shaped section are configured to mimic at least one portion of a plasmid ([0026], “FIG. 10 is a schematic view of the puzzle set for the nucleotide of a DNA molecule”, Examiner notes that the claim requires mimicking a portion of “a plasmid” (which is by definition, a small circular DNA molecule) and that it would be obvious to one of ordinary skill in the art before the effective date of the applicant’s invention to modify a DNA molecule of Tamarkin to be a plasmid since a variation in a molecule alone, without demonstration of the criticality of a specific limitation, may be obvious to a person of ordinary skill in the art. “In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966), [t]he court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.” MPEP § 2144.04-IV-B.), configured to support the at least one first contoured shaped section and the at least one second contoured shaped section joined to one another ([0033]: “FIG. 10 shows a DNA puzzle … comprises a DNA nucleotide puzzle piece 70 … DNA nucleotide puzzle piece 70 … has a first DNA nucleotide puzzle connector 67, a second DNA nucleotide puzzle connector 68”, See annotated Tamarkin FIG. 10.), configured so that the at least one first contoured shaped section ([0033], “FIG. 10 shows a DNA puzzle … DNA nucleotide puzzle piece has a first DNA nucleotide puzzle connector 67 … is configured to removeably attach to a hydrogen puzzle connector 24”, See annotated Tamarkin FIG. 10.) and the at least one second contoured shaped section, and the circular support base is further configured to engage with ([0033], “FIG. 10 shows a DNA puzzle… DNA nucleotide puzzle connector 68 is configured to removeably attach to a DNA nitrogenous base puzzle connector 90”, See annotated Tamarkin FIG. 10.), wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section form a biologically accurate visual representation as well as a biologically functional sequence of at least one plasmid assembled from a least two functional units ([0016], “FIG. 10 is a schematic view of the puzzle set for the nucleotide of a DNA molecule, showing that its specific nitrogenous base component will fit with it in all of its forms (A, C, G, and T)”, See annotated Tamarkin FIG. 10. Examiner notes that a plasmid is a molecule of DNA and that O and P in FIG. 10 may represent two biologically functional sequenced units.), Holloway discloses selected from an origin of replication ([0107], “enzyme uses the 3’-hydroxyl groups as replication initiation points”), promoter region ([0168], “Transcriptional regulatory sequences include a promoter region”), selectable marker, insert, tag, or termination portion ([0170], “Techniques for introducing vectors into eukaryotic cells and techniques for selecting such stable transformants using a dominant selectable marker are described”)
including an origin of replication ([0107], “enzyme uses the 3’-hydroxyl groups as replication initiation points”) and a promoter region arranged in functional plasmid order ([0168], “Transcriptional regulatory sequences include a promoter region”), Tuccillo discloses at least one audio circuit configured to output plasmid-portion-specific instructional audio in response to placement of a corresponding contoured shaped section ([0042], “when the assembler has completed putting … the puzzle … together … the puzzle circuit will be completed … and the load will perform … issuing … audible … feedback to the assembler”); at least one visual circuit configured to indicate correctness of plasmid assembly by illuminating a selected plasmid section or a visual indicator associated with the assembled plasmid construct ([0042], “when the assembler has completed putting … the puzzle … together … the puzzle circuit will be completed … and the load will perform … issuing … a visual … feedback to the assembler”);
wherein the at least one first contoured shaped section and the at least second contoured shaped section contain at least a portion of the at least one audio circuit and the at least one visual circuit ([0037]-[0038], “by embedding an electrical conductor within at least a predetermined number of pieces of a … puzzle… load … energized; load …may be … devices … attached to a speaker … or a light emitting … display device”) such that section-to-section joining and section-to-base contact jointly define completion of the circuit ([0041], “When all pieces of the puzzle … are assembled, the puzzle circuit will be complete”), wherein when joined, the at least one first contoured shaped section and the at least one second contoured shaped section complete at least one of the at least one audio circuit or the at least one visual circuit only when the sections are arranged in a biologically permitted plasmid sequence ([0042], “when the assembler has completed putting the last piece of the puzzle … together (regardless of which particular piece was lastly placed in its proper position) the puzzle circuit will be completed as well, and the load will perform as intended, issuing a visual or audible (or both) feedback to the assembler.”, the at least one audio circuit ([0010], “puzzle which will play an audible recording”, Examiner notes that an audible recording uses an audio circuit to transmit sound.) and the at least one visual circuit ([0010], “puzzle which will issue a visual display”) by electrically contacting circuit portions in the contoured shaped sections when the sections are placed ([0032], “embodiment of the … invention envisions … portions of the … puzzle … each … portion of the puzzle … having their own self-contained and dedicated puzzle circuits), and Salloum discloses the circular base forming part of the educational device and defining a closed-loop support surface sized to receive the contoured shaped sections in plasmid order (column 7, lines 44-45, “chambers shown … having a circular base”), on the circular base (column 7, lines 44-45, “chambers shown … having a circular base”), a circular support base (column 7, lines 44-45, “chambers shown … having a circular base”), rest atop the circular support base of the educational kit, the circular support base being dimensioned to receive the sections as a closed- loop plasmid construct (column 6, lines 25-27, “The … container is … resting on the base … of the main chamber”), on the support base (column 7, lines 44-45, “chambers shown … having a circular base”). Claim 7 recites limitations parallel to claim 1.
MPEP § 2111 discusses proper claim interpretation, including giving claims their broadest reasonable interpretation (“BRI”) in light of the specification during examination. Under BRI, the words of a claim must be given their plain meaning unless such meaning is inconsistent with the specification, and it is improper to import claim limitations from the specification into the claim. Applicant’s argument is not persuasive because the BRI is broader than what is argued. Therefore, the 103 rejections of claims 1 and 7 (which recites limitations parallel to claim 1), as obvious over Tamarkin in view of Holloway, Tuccillo, and Salloum, are maintained. Consequently, the rejections of dependent claims 2-6 and 8-12 are maintained.
Furthermore, MPEP 2141.01(a) discusses obviousness regarding analogous art.
Under MPEP 2141.01(a), a reference is analogous to the claimed invention if: (1) the
reference is from the same field of endeavor (even if it addresses a different problem):
or (2) the reference is reasonable pertinent to the problem faced by the inventor (even if
it is not in the same field of endeavor as the claimed invention). Examiner notes that
combined Tamarkin, Holloway, Tuccillo, and Salloum, are reasonably pertinent to the problem faced by the inventor. Therefore, the 103 rejections of claims 1 and 7, and dependent claims 2-6 and 8-12, as obvious over Tamarkin in view of Holloway, Tuccillo, and Salloum, are maintained.
MPEP § 2145 discusses impermissible hindsight. Under MPEP § 2145, “any judgment on obviousness is in a sense necessarily a reconstruction based on hindsight reasoning, but so long as it takes into account only knowledge which was within the level of ordinary skill in the art at the time the claimed invention was made and does not include knowledge gleaned only from applicant’s disclosure, such a reconstruction is proper.” In re McLaughlin, 443 F.2d 1392, 1395, 170 USPQ 209, 212 (CCPA 1971). Examiner’s combination of prior art from Tamarkin, Holloway, Tuccillo, and Salloum takes into consideration only knowledge within the level of ordinary skill in the art and does not glean knowledge only from Applicant’s disclosure. Therefore, the reconstruction is proper and the 103 rejections of claims 1 and 7, and dependent claims 2-6 and 8-12, as obvious over Tamarkin in view of Holloway, Tuccillo, and Salloum, are maintained.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lisa Antoine whose telephone number is (571)272-4252. The examiner can normally be reached Monday - Thursday 8:30 am - 6:30 pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xuan Thai can be reached at (571) 272-7147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
LISA H ANTOINE
Examiner
Art Unit 3715
/XUAN M THAI/
/XUAN M THAI/Supervisory Patent Examiner, Art Unit 3715
Prosecution Insights