DETAILED ACTION
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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 27 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 27 recites the limitation “the thermal optical ring resonator” in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-5, 8, 10, 11 and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Maltezos et al. (hereinafter Maltezos) US 2012/0171678 in view of Jovanovich et al. (hereinafter Jovanovich) US 2003/0224395 both cited in the IDS filed 07/30/2024.
Regarding claim 1, Maltezos discloses a device for thermocycling for polynucleotide synthesis, comprising: a) a plurality of reaction chambers (wells 307/407) as discussed in at least paragraphs 41 and 131, b) a thermoelectric module (Peltier heating and cooling elements 503,553,573), wherein the thermoelectric module is thermally coupled to each of the plurality of reaction chambers as discussed in at least paragraphs 51, 56 and 97; and shown in Fig. 5C;
c) a light source, the light source oriented to provide a light beam through the top opening and the bottom opening of the each of the plurality of reaction chambers as discussed in at least paragraphs 57, 85 and 119; and d) a detection module, the detection module comprising an imaging module comprising a sensor (In one embodiment said optical assembly comprises a pin photodiode CCD imager, a CMOS imager, a line scanner, a photodiode, a phototransistor, a photomultiplier or an avalanche photodiode.), the detection module positioned above the plurality of reaction chambers as discussed in at least paragraphs 12, 14, 57, 74 and 120; and shown in Fig. 6.
Maltezos does not explicitly disclose wherein each reaction chamber has a top opening and a bottom opening, wherein the top opening and the bottom opening are on opposite ends.
Jovanovich discloses an apparatus for preparing and performing small scale reactions that use nucleic acid or protein, comprising a plurality of reaction chambers (capillary tube segments 12) each reaction chamber has a top opening and a bottom opening, wherein the top opening and the bottom opening are on opposite ends as discussed in at least paragraphs 33 and 262-263.
It would have been obvious to one of ordinary skill in the art to modify Maltezos with reaction chambers having a top opening and a bottom opening, wherein the top opening and the bottom opening are on opposite ends as taught by Jovanovich to improve filling, metering and dispensing the sample.
Regarding claim 2, Maltezos discloses wherein the thermoelectric module comprises a plurality of openings (capillary tubes 581), wherein the light source is oriented to provide a light beam through the plurality of openings of the thermoelectric module as discussed in at least paragraphs 41, 51, 85, 92 and 136; and shown in at least Fig. 5 and 6.
Regarding claim 3, Maltezos discloses wherein the thermoelectric module is configured to provide a thermal energy to each of the plurality of reaction chambers as discussed in at least paragraphs 51, 56 and 97.
Regarding claim 4, Maltezos discloses wherein the thermal energy for a first reaction chamber is different from the thermal energy for a second reaction chamber.
Regarding claim 5, Maltezos discloses wherein each of the plurality of reaction chambers is configured to hold a sample container (sample plate 305/405).
Regarding claim 8, Maltezos discloses wherein the sample container comprises a lid (transparent cap plate 303/403) comprising a temperature indicator (In another embodiment an infrared camera is used to measure…the temperature of the sample vessels. Paragraph 66) that is detectable by the detection module as discussed in at least paragraphs 11-14, 21, 41, 11 and 113-116.
Regarding claim 10, Maltezos discloses wherein light source comprises a light emitting diode (LED) as discussed in at least paragraphs 57, 74, 85 and 13.
Regarding claim 11, Maltezos discloses wherein the LED is a surface mount or through hole LED as discussed in at least paragraph 136.
Regarding claim 33, Maltezos discloses wherein the sensor comprises one or more of a two-dimensional CMOS, two-dimensional CCD, linear array CMOS, linear array CCD, avalanche photodiode, single photodiode, or balanced photodetector sensor, or any combination thereof as discussed in at least paragraphs 12, 14, 57, 74 and 120.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Maltezos US 2012/0171678 in view of Jovanovich US 2003/0224395 as applied above to claims 1-5, 8, 10, 11 and 33, and further in view of Lee at al. (hereinafter Lee) US 2010/0102967 cited in the IDS filed 07/30/2024.
Regarding claim 6, Maltezos as modified does not explicitly disclose wherein the sample container lid comprises an identification tag that is detectable by the detection module.
Lee discloses the sample container lid comprising an identification tag (RFID tag T) that is detectable by the detection module as discussed in at least paragraph 13 and 27-28.
It would have been obvious to one of ordinary skill in the art to modify Maltezos in view of Jovanovich with an identification tag that is detectable as taught by Lee to improve information in inventory management.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Maltezos US 2012/0171678 in view of Jovanovich US 2003/0224395 as applied above to claims 1-5, 8, 10, 11 and 33, and further in view of Mazed US 2017/0316487 cited in the IDS filed 07/30/2024.
Regarding claim 9, Maltezos as modified does not explicitly disclose wherein the temperature indicator comprises a thermochromic label.
Mazed discloses wherein the temperature indicator comprises a thermochromic label (exterior label) as discussed in at least paragraphs 139 and 146.
It would have been obvious to one of ordinary skill in the art to modify Maltezos in view of Jovanovich with a temperature indicator comprising a thermochromic label as taught by Mazed to deliver information about the sample and/or reaction status.
Claims 13, 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Maltezos US 2012/0171678 in view of Jovanovich US 2003/0224395 as applied above to claims 1-5, 8, 10, 11 and 33, and further in view of Oliphant US 2015/0368711 cited in the IDS filed 07/30/2024.
Regarding claim 13, Maltezos as modified does not explicitly disclose wherein the detection module further comprises a tunable filter.
Oliphant discloses wherein the detection module further comprises a tunable filter (Acousto-Optical Tunable Filter) as discussed in at least paragraph 98.
It would have been obvious to one of ordinary skill in the art to modify Maltezos in view of Jovanovich with a tunable filter as taught by Oliphant to improve detection analysis.
Regarding claim 18, Maltezos discloses wherein the detection module is configured to image one or more of visible spectrum, UV light spectrum, or infrared spectrum, or any combination thereof as discussed in at least paragraphs 120 and 122.
Regarding claim 19, Maltezos discloses wherein the detection module is configured to detect fluorescence, phosphorescence, stimulated emission, auto-fluorescence, fluorescence lifetime or any combination thereof as discussed in at least paragraph 120.
Claims 20-22 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Maltezos US 2012/0171678 in view of Jovanovich US 2003/0224395 as applied above to claims 1-5, 8, 10, 11 and 33, and further in view of Rothberg (hereinafter Rothberg) US 2015/0141267 cited in the IDS filed 07/30/2024.
Regarding claim 20, Maltezos as modified does not explicitly disclose wherein the light source comprises a tunable emission of a silicon photonic array, wherein the silicon photonic array comprises a plurality of silicon photonic modules, each silicon photonic module comprising an optical ring resonator.
Rothberg discloses a light source comprising a tunable emission of a silicon photonic array, wherein the silicon photonic array comprises a plurality of silicon photonic modules, each silicon photonic module comprising an optical ring resonator as discussed in at least paragraphs 264, 266, 267 and 330.
It would have been obvious to one of ordinary skill in the art to modify Maltezos in view of Jovanovich with a light source comprising a tunable emission of a silicon photonic array, wherein the silicon photonic array comprises a plurality of silicon photonic modules, each silicon photonic module comprising an optical ring resonator as taught by Rothberg to improve coupling and transmission of excitation energy.
Regarding claim 21, Maltezos as modified does not explicitly disclose wherein the optical ring resonator is configured to tune the wavelength of the light source.
Rothberg discloses wherein the optical ring resonator is configured to tune the wavelength of the light source as discussed in at least paragraphs 171, 265 and 267.
Regarding claim 22, Maltezos discloses wherein the light source is a low coherent diode laser, highly coherent diode laser as discussed in at least paragraph 85.
Regarding claim 25, Maltezos as modified does not explicitly disclose wherein the silicon photonic module further comprises a grating coupler and a beam splitter, wherein the grating coupler and the beam splitter are configured to direct the light source to each silicon photonic module of the plurality of silicon photonic modules.
Rothberg discloses wherein the silicon photonic module further comprises a grating coupler and a beam splitter, wherein the grating coupler and the beam splitter are configured to direct the light source to each silicon photonic module of the plurality of silicon photonic modules as discussed in at least paragraphs 180, 196, 206 and 264.
Claims 26 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Maltezos US 2012/0171678 in view of Jovanovich US 2003/0224395 and Rothberg (hereinafter Rothberg) US 2015/0141267 as applied above to claims 20-22 and 25, and further in view of Zheng CN 107872005.
Regarding claims 26 and 27, Maltezos as modified does not explicitly disclose wherein the optical ring resonator comprises a thermally tunable optical ring resonator or wherein the silicon photonic module further comprises an integrated heater, wherein the integrated heater is configured to provide a thermal energy to one of the plurality of reaction chambers, and wherein the thermal optical ring resonator is configured to be tuned by the thermal energy.
Zheng discloses a silicon-based hybrid integrated photon chip, comprising the silicon-based hybrid integrated tunable laser and other silicon-based functional devices, the other silicon based functional device comprises a silica-based multimode interference mirror output end of silicon substrate raster coupler, a silicon-based modulator, a silicon-based detector, a silicon-based optical switching array, silicon-based router and silicon-based optical switch in the one kind of or several. Preferably, the silicon-based modulator is a Mach Zehnder interferometer type modulator on silicon, or silicon ring resonator based modulator, the silicon-based detector may be silicon germanium detector, or silicon-based III-V semiconductor detector. Zheng also discloses the silicon substrate of the invention hybrid integrated tunable laser and photonic chip, base ring resonator through the hot silicon with high Q value can realize the narrow line-width laser output, and realizes adjustable wavelength resonance condition of changing the ring resonator by micro heating electrode on it, the hot silicon ring resonator comprises a first resonator having a different ring radius and the second ring resonator, large tuning range. See whole document.
It would have been obvious to one of ordinary skill in the art to modify Maltezos in view of Jovanovich and Rothberg with a silicon photonic module that comprises an integrated heater, wherein the integrated heater is configured to provide a thermal energy to one of the plurality of reaction chambers, and a thermal optical ring resonator that is configured to be tuned by the thermal energy as taught by Zheng to improve coupling and transmission of excitation energy.
Conclusion
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/LYDIA EDWARDS/Primary Examiner, Art Unit 1796