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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on March 13, 2026 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/04/22 has been considered by the examiner.
Amendment Entered
In response to the amendment filed on March 13, 2026, amended claims 1, 3, 12 and 14 have been entered.
Response to Arguments
Applicant’s arguments filed with respect to the prior art rejections raised in the previous office action were fully considered and are moot in view of the current combination of references that were necessitated by amendment. Please see prior art section below for more detail, updated citations (Yue, and Zhang references), and updated rationale
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 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:
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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Yue (“ZnO nanowire arrays on 3D hierarchical graphene foam: biomarker detection of Parkinson’s disease”, ACS Nano, 2014, 8, 1639-1646) as supported by Zhang ("Influence of piezoelectric effect on dissolving behavior and stability of ZnO micro/nanowires in solution." RSC Advances 5.5 (2015): 3365-3369.)
Regarding claim 1, Yue teaches an electrochemical sensor configured to detect ascorbic acid using piezo-electrocatalysis [fig. 1a, pg. 1639 col. 2, par. 2;], wherein the sensor comprises: a substrate [pg. 1644, col. 2, par. 2 “The GF was transferred onto ITO glass to prepare the ZnO NWA/GF”]; and a piezoelectric semiconductor coupled to the substrate [fig. 1a; Examiner notes ZnO nanowires have piezoelectric properties], wherein the piezoelectric semiconductor includes a nanostructured semiconducting zinc oxide catalyst [pg. 1642, col. 1, par. 2], wherein the zinc oxide catalyst is free of an enzyme immobilized thereon that catalyzes oxidation of ascorbic acid [pg. 1642, col. 1, par. 1, 2], and wherein the ascorbic acid is electro-oxidized at the surface of the zinc oxide catalyst [pg. 1642, col. 1, par. 1, 2].
Although Yue does not explicitly teach a nanostructured semiconducting zinc oxide catalyst is configured to be mechanically strained during detection of ascorbic acid to generate strain-induced piezoelectric polarization charges at a surface of the zinc oxide catalyst, and the ascorbic acid is electro-oxidized by the strain-induced piezoelectric polarization charges, this would be obvious to one having ordinary skill in the art when the invention was filed since Yue also suggests the adsorption of biomolecules on the ZnO during oxidation induces a dipole interaction at the interface through the charge transfer, which further modifies the oxidation potential [pg. 1642, col. 1, par. 3]. Examiner notes that generating strain-induced piezoelectric polarization charges at a surface is an inherent property of the nanostructured semiconducting zinc oxide catalyst. Therefore, incorporating a nanostructured semiconducting zinc oxide catalyst is configured to be mechanically strained during detection and to generate strain-induced piezoelectric polarization charges at a surface of the zinc oxide catalyst would only involve routine skill in the art
Additionally, since the prior art does disclose the nanostructured semiconducting zinc oxide catalyst comprising substantially the same elements or components of ZnO as that of the application, it is contended that the nanostructured semiconducting zinc oxide catalyst of the prior art is capable of inducing piezoelectric polarization charges while under mechanical deformations. Accordingly, products of identical chemical composition cannot have mutually exclusive properties, and thus, the claimed property (i.e. the ZnO catalyst is capable of inducing piezoelectric polarization charges while under mechanical deformations), is necessarily present in the prior art material of ZnO NWA. The courts have held that “products of identical chemical composition cannot have mutually exclusive properties.” A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). See MPEP 2112.01 (II).
Further, Zhang teaches the piezoelectric effect on ZnO when it suffers strain [pg. 3368, col. 2, par. 1]
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Yue as supported by Zhang and in further view of Mohammed (“A New Piezo-Amperometric Sensing Method Based on Comb-like Nanostructured Zinc Oxide Thin Films for the Efficient Detection of Na2SO4”, Energy Procedia 157 (2019): 1191-1201).
Mohammed was applied in the previous office action
Regarding claim 2, Yue as supported by Zhang teach an electrochemical sensor configured to detect ascorbic acid using piezo-electrocatalysis
However, Yue as supported by Zhang do not teach the nanostructured semiconducting zinc oxide catalyst has a noncentrosymmetric wurtzite configuration
Mohammad teaches the nanostructured semiconducting zinc oxide catalyst has a noncentrosymmetric wurtzite configuration [pg. 1199, par. 1].
Therefore, it would have been prima facie obvious to a person having ordinary skill in the art when the invention was filed to modify the method as taught by Yue as supported by Zhang, to incorporate the nanostructured semiconducting zinc oxide catalyst has a noncentrosymmetric wurtzite configuration, as it provides favorable nanostructured biomedical sensor, as evidence by Mohammad [pg. 1199, par. 1].
Claims 3 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Yue as supported by Zhang and Mohammad and in further view of Abubakar (“Fabrication and characterization of nanostructured zinc oxide on printed microcontact electrode for piezoelectric applications” Journal of Materials Research and Technology 9.6 (2020): 15952-15961.).
Abubakar was applied in the previous office action
Regarding claim 3, Yue as supported by Zhang and Mohammed teach an electrochemical sensor configured to detect ascorbic acid using piezo-electrocatalysis, as disclosed above.
However, Yue as supported by Zhang and Mohammed do not teach the nanostructured semiconducting zinc oxide catalyst is capable of inducing piezoelectric polarization charges while under mechanical deformations
Abubakar teaches the nanostructured semiconducting zinc oxide catalyst is capable of inducing piezoelectric polarization charges while under mechanical deformations [pg. 15957, col. 1: par. 1-col. 2: par. 1, pg. 15960, col. 2: par. 1]
Therefore, it would have been prima facie obvious to a person having ordinary skill in the art when the invention was filed to modify the method as taught by Yue as supported by Zhang and Mohammed to incorporate the nanostructured semiconducting zinc oxide catalyst is capable of inducing piezoelectric polarization charges while under mechanical deformations, for detecting deformations, as evidence by Abubakar [pg. 15960, col. 2: par. 1].
Claims 4, 5, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Yue as supported by Zhang and in further view of Ibupoto (“L-Ascorbic Acid Biosensor Based on Immobilized Enzyme on ZnO Nanorods” Journal of Biosensors and Bioelectronics 2.3 (2011): 1).
Regarding claim 4, Yue as supported by Zhang teach an electrochemical sensor configured to detect ascorbic acid using piezo-electrocatalysis, as disclosed above.
However, Yue as supported by Zhang do not teach the nanostructured semiconducting zinc oxide catalyst is a zinc oxide nanorod
Ibupoto teaches the nanostructured semiconducting zinc oxide catalyst is a zinc oxide nanorod [pg. 2, col. 1: par. 4].
Therefore, it would have been prima facie obvious to a person having ordinary skill in the art when the invention was filed to modify the method as taught by Yue as supported by Zhang, to incorporate an electrochemical sensor configured to detect ascorbic acid, as nanorods are favorable because of their high surface to volume ratios, as evidence by Ibupoto [pg. 5, col. 2: par. 1].
Regarding claim 5, Ibupoto further teaches the zinc oxide nanorod has a terminal end connected to the substrate [pg. 2, col. 1: par. 4, 5; Examiner notes the nanorods are vertically oriented]
Therefore, it would have been prima facie obvious to a person having ordinary skill in the art when the invention was filed to modify the method as taught by Yue as supported by Zhang, to incorporate the zinc oxide nanorod has a terminal end connected to the substrate, as nanorods are grown vertically on the substrate, as evidence by Ibupoto [pg. 2, col. 1: par. 5].
Regarding claim 12, Ibupoto further teaches the sensor has a limit of detection less than three micromolars is achieved when the zinc oxide catalyst is mechanically strained [Table 2; pg. 2, col. 1: par. 4].
Therefore, it would have been prima facie obvious to a person having ordinary skill in the art when the invention was filed to modify the method as taught by Yue as supported by Zhang, to incorporate the sensor has a limit of detection less than three micromolars is achieved when the zinc oxide catalyst is mechanically strained, as zinc oxide nanorods provide good reliability, as evidence by Ibupoto [pg. 5, col. 2: par. 1].
Additionally, since the prior art does disclose the nanostructured semiconducting zinc oxide catalyst comprising substantially the same elements or components of ZnO as that of the application, it is contended that the nanostructured semiconducting zinc oxide catalyst of the prior art is capable of the sensor LOD being achieved when the zinc oxide catalyst is mechanically strained. Accordingly, products of identical chemical composition cannot have mutually exclusive properties, and thus, the claimed property (i.e. the ZnO catalyst is capable of the sensor LOD being achieved when the zinc oxide catalyst is mechanically strained), is necessarily present in the prior art material of ZnO. The courts have held that “products of identical chemical composition cannot have mutually exclusive properties.” A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). See MPEP 2112.01 (II).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Yue as supported by Zhang, and Ibupoto and in further view of Abubakar
Regarding claim 6, Yue as supported by Zhang, and Ibupoto teach an electrochemical sensor configured to detect ascorbic acid using piezo-electrocatalysis, as disclosed above.
Ibupoto teaches the nanostructured semiconducting zinc oxide catalyst is a zinc oxide nanorod [pg. 2, col. 1: par. 4].
However, Yue as supported by Zhang, and Ibupoto do not teach the zinc oxide nanorod has a substantially hexagonal cross-section
Abubakar teaches the zinc oxide nanorod has a substantially hexagonal cross-section [pg. 15955, col. 1: par. 3]
Therefore, it would have been prima facie obvious to a person having ordinary skill in the art when the invention was filed to modify the method as taught by Yue as supported by Zhang, and Ibupoto, to incorporate the zinc oxide nanorod has a substantially hexagonal cross-section, as is standard nanorod structure, as evidence by Abubakar [pg. 15955, col. 1: par. 3].
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Yue as supported by Zhang and in further view of Bayandori Moghaddam ("Electrodeposited nanoscale zinc oxide particles: facilitating the electron transfer of immobilised protein and biosensing." Micro & Nano Letters 12.7 (2017): 425-429).
Bayandori Moghaddam was applied in the previous office action
Regarding claim 7, Yue as supported by Zhang teach an electrochemical sensor configured to detect ascorbic acid using piezo-electrocatalysis, as disclosed above.
However, Yue as supported by Zhang do not teach the nanostructured semiconducting zinc oxide catalyst is a zinc oxide nanosheet.
Bayandori Moghaddam teaches the nanostructured semiconducting zinc oxide catalyst is a zinc oxide nanosheet [pg. 428, col. 1: par. 5]
Therefore, it would have been prima facie obvious to a person having ordinary skill in the art when the invention was filed to modify the method as taught by Yue as supported by Zhang, to incorporate the nanostructured semiconducting zinc oxide catalyst is a zinc oxide nanosheet, as is known zinc oxide structure, as evidence by Bayandori Moghaddam [pg. 428, col. 1: par. 5].
Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Yue as supported by Zhang and in further view of Soleymani (U.S. Patent Application Document 2022/0347665).
Soleymani was applied in the previous office action
Regarding claim 8, Yue as supported by Zhang teach an electrochemical sensor configured to detect ascorbic acid using piezo-electrocatalysis, as disclosed above.
However, Yue as supported by Zhang do not teach the substrate is constructed from a conducting material.
Soleymani teaches the substrate is constructed from a conducting material [par. 11]
Therefore, it would have been prima facie obvious to a person having ordinary skill in the art when the invention was filed to modify the method as taught by Yue as supported by Zhang, to incorporate the substrate is constructed from a conducting material, for allowing activation of a substrate, as evidence by Soleymani [par. 19].
Regarding claim 9, Soleymani further teaches the substrate includes an indium tin oxide substrate [par. 11]
Therefore, it would have been prima facie obvious to a person having ordinary skill in the art when the invention was filed to modify the method as taught by Yue as supported by Zhang, to incorporate the substrate includes an indium tin oxide substrate, for providing conductive material on the substrate, as evidence by Soleymani [par. 11].
Regarding claim 10, Soleymani further teaches the substrate includes an indium tin oxide coated polyethylene terephthalate film [par. 11]
Therefore, it would have been prima facie obvious to a person having ordinary skill in the art when the invention was filed to modify the method as taught by Yue as supported by Zhang, to incorporate the substrate includes an indium tin oxide coated polyethylene terephthalate film, for providing a polymer on the substrate, as evidence by Soleymani [par. 11].
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Yue as supported by Zhang and in further view of Biswas (“Nanostructured ZnO thin film with improved optical and electrochemical properties prepared by hydrothermal electrochemical deposition technique”, Micro & Nano Letters 11.7 (2016): 351-355).
Biswas was applied in the previous office action
Regarding claim 11, Yue as supported by Zhang teach an electrochemical sensor configured to detect ascorbic acid using piezo-electrocatalysis, as disclosed above.
However, Yue as supported by Zhang do not teach the substrate is constructed from a conducting material.
Biswas teaches the piezoelectric semiconductor is hydrothermally synthesized to the substrate [pg. 351, col. 1: par. 2]
Therefore, it would have been prima facie obvious to a person having ordinary skill in the art when the invention was filed to modify the method as taught by Yue as supported by Zhang, to incorporate the piezoelectric semiconductor is hydrothermally synthesized to the substrate, as hydrothermally synthesized deposition is an economical process for depositing zinc oxide, as evidence by Biswas [pg. 354, col. 2: par. 4].
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Yue as supported by Zhang and in further view of Zhang (“One-pot facile fabrication of graphene-zinc oxide composite and its enhanced sensitivity for simultaneous electrochemical detection of ascorbic acid, dopamine and uric acid” Sensors and Actuators B: Chemical 227 (2016): 488-496), hereby referred to as Zhang2
Zhang2 was applied in the previous office action
Regarding claim 13, Yue as supported by Zhang teach an electrochemical sensor configured to detect ascorbic acid using piezo-electrocatalysis, as disclosed above.
However, Yue as supported by Zhang do not teach the sensor also detects at least one of uric acid, lactate. glucose, and caffeine.
Zhang2 teaches the sensor also detects at least one of uric acid, lactate, glucose, and caffeine [pg. 492, col. 2: par. 1]
Therefore, it would have been prima facie obvious to a person having ordinary skill in the art when the invention was filed to modify the method as taught by Yue as supported by Zhang, to incorporate the sensor also detects at least one of uric acid, lactate. glucose, and caffeine, for detecting multiple parameters at once, as evidence by Zhang2 [pg. 239, col. 1: par. 1].
Claims 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Yue as supported by Zhang and in further view of Alam (“Flexible and Linker-Free Enzymatic Sensors Based on Zinc Oxide Nanoflakes for Noninvasive L-Lactate Sensing in Sweat” IEEE Sensors Journal 20.10 (2020): 5102-5109).
Alam was applied in the previous office action
Regarding claim 14, Yue as supported by Zhang teach an electrochemical sensor configured to detect ascorbic acid using piezo-electrocatalysis, as disclosed above.
Yue teaches mechanical deformation of the device during detection of ascorbic acid while worn induces the strain-generated piezoelectric polarization charges
Since the prior art does disclose the nanostructured semiconducting zinc oxide catalyst comprising substantially the same elements or components of ZnO during ascorbic acid detection as that of the application, it is contended that the device during detection of ascorbic acid of the prior art is capable of mechanical deformation of the device during detection of ascorbic acid while worn induces the strain-generated piezoelectric polarization charges. Accordingly, products of identical chemical composition cannot have mutually exclusive properties, and thus, the claimed property (i.e. the ZnO catalyst is capable of inducing piezoelectric polarization charges while under mechanical deformations), is necessarily present in the prior art material of ZnO NWA. The courts have held that “products of identical chemical composition cannot have mutually exclusive properties.” A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). See MPEP 2112.01 (II).
However, Yue as supported by Zhang do not teach a wearable electrocatalytic device comprising an electrochemical sensor according to Claim 1.
Alam teaches a wearable electrocatalytic device comprising an electrochemical sensor according to Claim 1 [pg. 5109, col. 1: par. 2]
Therefore, it would have been prima facie obvious to a person having ordinary skill in the art when the invention was filed to modify the method as taught by Yue as supported by Zhang, to incorporate a wearable electrocatalytic device comprising an electrochemical sensor according to Claim 1, for continuous analyte monitoring, as evidence by Alam [pg. 239, col. 1: par. 1].
Regarding claim 15, Alam further teaches a biomedical device comprising an electrochemical sensor according to Claim 1 [pg. 5109, col. 1: par. 2]
Therefore, it would have been prima facie obvious to a person having ordinary skill in the art when the invention was filed to modify the method as taught by Yue as supported by Zhang, to incorporate a biomedical device comprising an electrochemical sensor according to Claim 1, for providing real time analysis of human body fluids, as evidence by Alam [pg. 5109, col. 1: par. 2].
Conclusion
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/GRACE L ROZANSKI/Examiner, Art Unit 3791
/AURELIE H TU/Primary Examiner, Art Unit 3791