Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Request for Continued Examination
This is a Non-Final Office action in response to communications filed on December 10, 2025. Applicant amended claims 1 and 7. 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 U. S. Pub. 20140183820 (“Tuccillo”).
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 ([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
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at least one second contoured shaped section having at least one end configured with at least one universal joining geometry ([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.);
at least one audio circuit;
at least one visual circuit;
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;
the circular base ([0033], “FIG. 10 shows a DNA puzzle”, Examiner notes that puzzles are typically placed on a table (which may be circular) that can serve as a circular base.) 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;
a circular support base ([0033], “FIG. 10 shows a DNA puzzle”, Examiner notes that puzzles are typically placed on a table (which may be circular) for support and that the table can serve as 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 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;
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.).
Tuccillo discloses
at least one audio circuit ([0010], “puzzle which will play an audible recording” (An audible recording uses an audio circuit to transmit sound.));
at least one visual circuit ([0010], “puzzle which will issue a visual display”);
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”).
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 ([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.”
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”);
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; at least one second contoured shaped section having at least one end configured with at least one universal joining geometry; 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; the circular base configured to support the at least one first contoured shaped section and the at least one second contoured shaped section joined to one another; a circular support base 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, 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; at least one visual circuit; 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; 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; the at least one audio circuit and the at least one visual circuit, as disclosed by Tuccillo, to provide an audible recording, a visual display, and an electrical conductor for a puzzle with pieces that are capable of communicating using interactive feedback.
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.
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 ([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; at least one second contoured shaped section having at least one end configured with at least one universal joining geometry; 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; the circular base configured to support the at least one first contoured shaped section and the at least one second contoured shaped section joined to one another; a circular support base 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, 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; at least one visual circuit; 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; 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; the at least one audio circuit and the at least one visual circuit, 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, as disclosed by Tuccillo, to provide audible feedback for a puzzle with pieces that are capable of communicating.
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.
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 ([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; at least one second contoured shaped section having at least one end configured with at least one universal joining geometry; 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; the circular base configured to support the at least one first contoured shaped section and the at least one second contoured shaped section joined to one another; a circular support base 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, 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; at least one visual circuit; 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; 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; the at least one audio circuit and the at least one visual circuit, 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, as disclosed by Tuccillo, to provide visual feedback for a puzzle with pieces that are capable of communicating.
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 discloses the following limitation with the exception of the underlined limitation.
further comprising the circular base ([0033], “FIG. 10 shows a DNA puzzle”, Examiner notes that puzzles are typically placed on a table (which may be circular) that can serve as a circular base.) also contains at least another portion of the at least one audio circuit and the at least one visual circuit.
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”).
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; at least one second contoured shaped section having at least one end configured with at least one universal joining geometry; 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; the circular base configured to support the at least one first contoured shaped section and the at least one second contoured shaped section joined to one another; a circular support base 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, 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, further comprising the circular base, as disclosed by Tamarkin, at least one audio circuit; at least one visual circuit; 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; 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; the at least one audio circuit and the at least one visual circuit, also contains at least another portion of the at least one audio circuit and the at least one visual circuit, as disclosed by Tuccillo, to provide an audible recording and a visual display for a puzzle with pieces that are 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.
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 circular base ([0010], [0024]-[0025], “puzzle… will play an audible recording upon the assembly of … portion of the puzzle”, Examiner envisions playing a recording when portion is connected to a corner (base) piece.).
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; at least one second contoured shaped section having at least one end configured with at least one universal joining geometry; 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; the circular base configured to support the at least one first contoured shaped section and the at least one second contoured shaped section joined to one another; a circular support base 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, 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; at least one visual circuit; 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; 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; the at least one audio circuit and the at least one visual circuit, 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, as disclosed by Tuccillo, to provide an audible recording for a puzzle with pieces that are capable of communicating using interactive feedback.
In regards to claim 7, Tamarkin discloses the following limitations with the exception of the underlined limitations.
a method for instruction regarding plasmid construction providing an educational kit comprising ([0045], “models… for teaching and learning about cells… interactive, and can reflect hundreds of biological molecules”):
a circular support base ([0033], “FIG. 10 shows a DNA puzzle”, Examiner notes that puzzles are typically placed on a table (which may be circular) for support and that the table can serve as a circular support base.);
at least one first contoured shaped section having at least one end configured with at least one matching geometry ([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 ([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.);
at least one audio circuit;
at least one visual circuit;
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;
the circular support base ([0033], “FIG. 10 shows a DNA puzzle”, Examiner notes that puzzles are typically placed on a table (which may be circular) for support and that the table can serve as 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 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;
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;
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 ([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.).
Tuccillo discloses
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.);
at least one visual circuit ([0010], “puzzle which will issue a visual display”);
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”);
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 ([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 comprising: providing an educational kit comprising: a circular support base; at least one first contoured shaped section having at least one end configured with at least one matching geometry; at least one second contoured shaped section having at least one end configured with at least one universal joining geometry; 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; the circular support base 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, 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; at least one visual circuit; 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; 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; the at least one audio circuit and the at least one visual circuit, as disclosed by Tuccillo, to provide an audible recording, a visual display, and an electrical conductor for a puzzle with pieces that are 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.
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 ([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; at least one second contoured shaped section having at least one end configured with at least one universal joining geometry; 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; the circular base configured to support the at least one first contoured shaped section and the at least one second contoured shaped section joined to one another; a circular support base 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, 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; at least one visual circuit; 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; 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; the at least one audio circuit and the at least one visual circuit, 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, as disclosed by Tuccillo, to provide audible feedback for a puzzle with pieces that are capable of communicating.
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.
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 ([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; at least one second contoured shaped section having at least one end configured with at least one universal joining geometry; 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; the circular base configured to support the at least one first contoured shaped section and the at least one second contoured shaped section joined to one another; a circular support base 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, 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; at least one visual circuit; 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; 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; the at least one audio circuit and the at least one visual circuit, 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, as disclosed by Tuccillo, to provide visual feedback for a puzzle with pieces that are capable of communicating.
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 ([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 discloses the following limitation with the exception of the underlined limitation.
further comprising configuring the circular base ([0033], “FIG. 10 shows a DNA puzzle”, Examiner notes that puzzles are typically placed on a table (which may be circular) that can serve as a circular base.) to contain at least another portion of the at least one audio circuit and the at least one visual circuit.
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”).
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; at least one second contoured shaped section having at least one end configured with at least one universal joining geometry; 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; the circular base configured to support the at least one first contoured shaped section and the at least one second contoured shaped section joined to one another; a circular support base 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, 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, further comprising configuring the circular base, as disclosed by Tamarkin, at least one audio circuit; at least one visual circuit; 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; 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; the at least one audio circuit and the at least one visual circuit, to contain at least another portion of the at least one audio circuit and the at least one visual circuit, as disclosed by Tuccillo, to provide an audible recording and a visual display for a puzzle with pieces that are 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.
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 circular base ([0010], [0024]-[0025], “puzzle… will play an audible recording upon the assembly of … portion of the puzzle”, Examiner envisions playing a recording when portion is connected to a corner (base) piece.).
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; at least one second contoured shaped section having at least one end configured with at least one universal joining geometry; 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; the circular base configured to support the at least one first contoured shaped section and the at least one second contoured shaped section joined to one another; a circular support base 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, 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; at least one visual circuit; 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; 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; the at least one audio circuit and the at least one visual circuit, 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, as disclosed by Tuccillo, to provide an audible recording for a puzzle with pieces that are capable of communicating using interactive feedback.
Response to Remarks
Applicant's arguments filed December 10, 2025 have been fully considered but they are not persuasive. With respect to Tamarkin and Tuccillo, Applicant argues that “these elements are missing from the proposed combination of references and modification of same to arrive at Applicant's claims would evince improper hindsight bias” and “the combination of Tamarkin and Tuccillo fails to teach or render obvious the claimed invention, and the Final Office Action has not established a prima facie case of obviousness”. See RESPONSE TO 9/10/2025 FINAL OFFICE ACTION, REMARKS, page 7, paragraph 4 – page 8, lines 1-2. Examiner acknowledges Applicant’s remarks. However, Examiner notes in the 35 USC § 103 rejection of 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 ([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 ([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.); the circular base ([0033], “FIG. 10 shows a DNA puzzle”, Examiner notes that puzzles are typically placed on a table (which may be circular) that can serve as a circular base.) 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.); a circular support base ([0033], “FIG. 10 shows a DNA puzzle”, Examiner notes that puzzles are typically placed on a table (which may be circular) for support and that the table can serve as 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 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 – origin of replication and promoter, respectively.) and Tuccillo discloses at least one audio circuit ([0010], “puzzle which will play an audible recording” (An audible recording uses an audio circuit to transmit sound.)); at least one visual circuit ([0010], “puzzle which will issue a visual display”); 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”), 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 ([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.” 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”).
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 rejections of claims 1 and 7 (which is nearly identical to claim 1), as obvious over Tamarkin in view of Tuccillo, are maintained. Consequently, the rejections of dependent claims 2-6 and 8-12 are maintained.
As to establishing a prima facie case of obviousness, upon review, the
examiner’s rejection satisfied the requirements for applying Rationale G in 2143(I)(G).
Applicant’s argument is not persuasive because the argument does not meet the
requirements of 37 C.F.R. 1.111(b), and, upon review, the rejection does make a prima facie case using 2143(I)(G). Therefore, the rejections of claims 1 and 7 (which is nearly identical to claim 1), as obvious over Tamarkin in view of Tuccillo are maintained. Consequently, the rejections of dependent claims 2-6 and 8-12 are maintained.
With respect to Tamarkin, Applicant argues that “Tamarkin's ‘heterocyclic base’ ([0004]) represents a molecule, depicted as a puzzle piece symbolizing a nucleotide component. It is not a foundational support platform but merely one element within a linear or helical chain. It cannot perform the structural, electronic, or logical functions of the claimed circular support base.”. See RESPONSE TO 9/10/2025 FINAL OFFICE ACTION, REMARKS, page 8, paragraph 2. Examiner acknowledges Applicant’s remarks. However, Examiner notes in the 35 USC § 103 rejection of 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 ([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 ([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.); the circular base ([0033], “FIG. 10 shows a DNA puzzle”, Examiner notes that puzzles are typically placed on a table (which may be circular) that can serve as a circular base.) 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.); a circular support base ([0033], “FIG. 10 shows a DNA puzzle”, Examiner notes that puzzles are typically placed on a table (which may be circular) for support and that the table can serve as 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 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 – origin of replication and promoter, respectively.).
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 rejections of claims 1 and 7 (which is nearly identical to claim 1), as obvious over Tamarkin in view of Tuccillo, are maintained. Consequently, the rejections of dependent claims 2-6 and 8-12 are maintained.
With respect to Tamarkin, Applicant argues “assuming arguendo that Tamarkin's invention could be circularized, such modification would not bridge the fundamental conceptual gap between a chemical representation and a biologically functional plasmid simulator”. See RESPONSE TO 9/10/2025 FINAL OFFICE ACTION, REMARKS, page 9, paragraph 2. Examiner acknowledges Applicant’s remarks. However, Examiner notes in the 35 USC § 103 rejection of 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 ([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 ([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.); the circular base ([0033], “FIG. 10 shows a DNA puzzle”, Examiner notes that puzzles are typically placed on a table (which may be circular) that can serve as a circular base.) 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.); a circular support base ([0033], “FIG. 10 shows a DNA puzzle”, Examiner notes that puzzles are typically placed on a table (which may be circular) for support and that the table can serve as 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 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 – origin of replication and promoter, respectively.).
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 rejections of claims 1 and 7 (which is nearly identical to claim 1), as obvious over Tamarkin in view of Tuccillo, are maintained. Consequently, the rejections of dependent claims 2-6 and 8-12 are maintained.
With respect to Tamarkin and Tuccillo, Applicant argues that “The combination of Tamarkin and Tuccillo, therefore, remains a juxtaposition of static molecular representations and unrelated teaching tools, wholly incapable of suggesting the claimed functional, biologically contextual, and circuit-integrated educational system”. See RESPONSE TO 9/10/2025 FINAL OFFICE ACTION, REMARKS, page 10, lines 2-5. Examiner acknowledges Applicant’s remarks. However, Examiner notes in the 35 USC § 103 rejection of 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 ([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 ([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.); the circular base ([0033], “FIG. 10 shows a DNA puzzle”, Examiner notes that puzzles are typically placed on a table (which may be circular) that can serve as a circular base.) 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.); a circular support base ([0033], “FIG. 10 shows a DNA puzzle”, Examiner notes that puzzles are typically placed on a table (which may be circular) for support and that the table can serve as 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 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 – origin of replication and promoter, respectively.) and Tuccillo discloses at least one audio circuit ([0010], “puzzle which will play an audible recording” (An audible recording uses an audio circuit to transmit sound.)); at least one visual circuit ([0010], “puzzle which will issue a visual display”); 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”), 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 ([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.” 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”).
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 rejections of claims 1 and 7 (which is nearly identical to claim 1), as obvious over Tamarkin in view of Tuccillo, 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 and Tuccillo are reasonably pertinent to the problem faced by the
inventor. Therefore, the rejections of claims 1 and 7, and dependent claims 2-6 and 8-12, as obvious over Tamarkin in view of Tuccillo, are maintained.
With respect to Tamarkin and Tuccillo, Applicant argues that “Tamarkin and Tuccillo fail to teach or suggest any system in which feedback is biologically gated rather than mechanically triggered”. See RESPONSE TO 9/10/2025 FINAL OFFICE ACTION, REMARKS, page 11, lines 1-2. Examiner acknowledges Applicant’s remarks. However, Examiner notes in the 35 USC § 103 rejection of 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 ([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 ([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.); the circular base ([0033], “FIG. 10 shows a DNA puzzle”, Examiner notes that puzzles are typically placed on a table (which may be circular) that can serve as a circular base.) 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.); a circular support base ([0033], “FIG. 10 shows a DNA puzzle”, Examiner notes that puzzles are typically placed on a table (which may be circular) for support and that the table can serve as 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 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 – origin of replication and promoter, respectively.) and Tuccillo discloses at least one audio circuit ([0010], “puzzle which will play an audible recording” (An audible recording uses an audio circuit to transmit sound.)); at least one visual circuit ([0010], “puzzle which will issue a visual display”); 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”), 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 ([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.” 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”).
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. Examiner notes that a biological gate can be mechanically triggered, specifically in the instance of a teaching tool. Therefore, the rejections of claims 1 and 7 (which is nearly identical to claim 1), as obvious over Tamarkin in view of Tuccillo, are maintained. Consequently, the rejections of dependent claims 2-6 and 8-12 are maintained.
With respect to Tamarkin, Applicant argues that “The Final Office Action's application of the Broadest Reasonable Interpretation (BRI) standard extends beyond what is consistent with the specification (MPEP § 2111.01)”. See RESPONSE TO 9/10/2025 FINAL OFFICE ACTION, REMARKS, page 11, lines 4-5. Examiner acknowledges Applicant’s remarks. However, Examiner notes in the 35 USC § 103 rejection of 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 ([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 ([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.); the circular base ([0033], “FIG. 10 shows a DNA puzzle”, Examiner notes that puzzles are typically placed on a table (which may be circular) that can serve as a circular base.) 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.); a circular support base ([0033], “FIG. 10 shows a DNA puzzle”, Examiner notes that puzzles are typically placed on a table (which may be circular) for support and that the table can serve as 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 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 – origin of replication and promoter, respectively.).
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 and the claim interpretation does not extend beyond what is consistent in the specifications. Therefore, the rejections of claims 1 and 7 (which is nearly identical to claim 1), as obvious over Tamarkin in view of Tuccillo, are maintained. Consequently, the rejections of dependent claims 2-6 and 8-12 are maintained.
With respect to Tamarkin and Tuccillo, Applicant argues that “The Final Office Action has not articulated a rational motivation that would lead a skilled artisan to combine the disparate teachings of Tamarkin and Tuccillo to arrive at the claimed invention”. See RESPONSE TO 9/10/2025 FINAL OFFICE ACTION, REMARKS, page 10, lines 2-5. Examiner acknowledges Applicant’s remarks. However, Examiner notes in the 35 USC § 103 rejection of 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 ([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 ([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.); the circular base ([0033], “FIG. 10 shows a DNA puzzle”, Examiner notes that puzzles are typically placed on a table (which may be circular) that can serve as a circular base.) 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.); a circular support base ([0033], “FIG. 10 shows a DNA puzzle”, Examiner notes that puzzles are typically placed on a table (which may be circular) for support and that the table can serve as 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 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 – origin of replication and promoter, respectively.) and Tuccillo discloses at least one audio circuit ([0010], “puzzle which will play an audible recording” (An audible recording uses an audio circuit to transmit sound.)); at least one visual circuit ([0010], “puzzle which will issue a visual display”); 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”), 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 ([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.” 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”).
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 and Tuccillo are reasonably pertinent to the problem faced by the
inventor. Therefore, the rejections of claims 1 and 7, and dependent claims 2-6 and 8-12, as obvious over Tamarkin in view of Tuccillo, are maintained.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lisa Antoine whose telephone number is (571)272-4252 and whose email address is lantoine@uspto.gov. The examiner can normally be reached Monday - Thursday 7:30 am - 5:30 pm CT. 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 on (571) 272-7147. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/LISA H ANTOINE/Examiner, Art Unit 3715
/XUAN M THAI/Supervisory Patent Examiner, Art Unit 3715