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 .
DETAILED ACTION
1. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 May 17, 2026 has been entered.
Status of the Application
2. Claims 19-21 and 23 are pending under examination. Claim 22 is canceled. Claims 1-18 are previously withdrawn from further consideration as being drawn to nonelected group. The Applicant’s arguments and the amendment have been fully considered and found persuasive in-part foe the following reasons.
Claim Rejections - 35 USC § 112-Withdrawn
3. With reference to the rejection of claims under 35 USC 112(b) has been withdrawn in view of the amendment. However, the amendment has been fully considered and found unpersuasive because the claims as filed on 11/11/2025 recite (i.e., shuttled or translocated), which is deleted in the amended claim 19 filed on 5/17/2026, without any text makings. As a formal matter, claims must be presented on a separate sheet, not in continuation with the response to the office action. The claim amendment should show claim text changes with markings (strike-through the deleted limitations and underline the incorporated limitations). See MPEP 714 II.C.
Claim Rejections - 35 USC § 102-Maintained
4. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 19 and 23 are rejected under 35 U.S.C.102(a)(1) as being anticipated by Jensen et al. (US 2008/0108119).
Jensen et al. teach a method of claim 19, for detecting airborne biomolecules, the method comprising:
(a) providing a detection system comprising an air pump, an air sampler comprising sample collectors and a movable reaction chamber (chip sites, or sample chambers), a biochemical reagent or buffer (PCR reagents), a heat source (heating electrodes), a detection module (detection electrodes) and an electronic circuit board (programmable unit) (para 0162-0180, 0188-0196, 0103-0104, 0011-0032, 0053, 0064);
(b) operating air pump to sample and collecting airborne biomolecules captured by the collectors (para 0175-0180, 0017-0032);
(c) introducing the biological reagent and/or buffer to captured biomolecules on the collectors (sample chamber or chip site) (para 0162-0167, 0188-0196, 0017-0032);
(d) controlling via the electronic circuit board, moving the movable reaction chamber relative to the heat source, aligning the reaction chamber with a plurality of thermal zones comprising predetermined thermal profile to enable biochemical reagent (PCR reagents including primers, dNTPs, enzymes) to react with the captured biomolecules and produce amplification product (para 0162-0167, 0188-0196, 0017-0032);
(e) performing detecting amplification reaction product using the detection module measuring fluorescence signal (para 0179-0183, 0035-0039, 0046).
With reference to claim 23, Jensen et al. teach that the electronic circuit board and detection module further process the data, wherein the system further comprises a mobile device operably connected to the electronic circuit board to control or change heat source temperature or and movement of reaction chamber thermal profile to on and off the heat source, detection module comprises at least on temperature sensor and the mobile device collects the data and display the temperature, processing and detection data including amplification detection data, calibration program for thermal control (para 0166-0181, 0199). For all the above the claims are anticipated.
Response Arguments:
A. The rejection of claims 19 and 21 under 35 USC 102(a)(1) as being anticipated by Castro et al. has been withdrawn in view of the persuasive arguments.
B. With reference to the rejection of claims 19-21, 23 under 35 USC 102(a)(1) as being anticipated by Jensen, the Applicant’s arguments have been fully considered and found persuasive in-part for the following reasons.
i). With reference to the Applicant’s arguments drawn to no teach of performing nucleic acid sequencing of claim 19 step (e) (ii) by Jensen, the arguments were found unpersuasive because claim 19 step (e) recites performing at least one of (i) or (ii), which do not necessarily require performing both amplification and sequencing. A teaching of detecting amplification reaction product of step (e) (i) as taught by Jensen anticipates the claim 19. Further, with reference to no teaching of integration of sequencing unit at the point of collection by Jensen, the arguments were found unpersuasive because the limitations upon which the Applicant’s arguments depend, are not present in the claims.
ii). With reference to the Applicant’s arguments drawn to no teaching of claim 19 step (d), the arguments were found unpersuasive because movement of reaction chamber relative to heat source to sequentially align the chamber with a plurality of temperature zones as required by step (d) is within the scope of the teaching of Jensen et al. because the chamber is physically moved by electronic control to align with different temperature zones. The broader scope of physical movement does not exclude movement of reaction chamber by electronic control.
iii). with reference to the Applicant’s arguments drawn to no teaching of sequential reaction and profile comparison of claim 21 by Jensen, the arguments were found persuasive and the rejection of claims 20-21 has been withdrawn. For all the above the rejection of claim 19 and 23 has been maintained and restated.
Claim Rejections - 35 USC § 102
5. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 19-21 and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Davis et al. (WO 2018/195401).
Davis et al. teach a method of claim 19, 21, for detecting airborne biomolecules, the method comprising:
(a) providing a detection system comprising an air pump, an air sampler comprising sample collectors (membrane filter) and a movable reaction chamber (cartridge), a biochemical reagent (sorbent), a heat source (thermal sensor), a detection module and an electronic circuit board (page 3, line 4-23, page 8, line 1 to line 7 on page 11);
(b) operating air pump to sample and collecting airborne biomolecules captured by the collectors (page 3, line 4-23, page 8, line 1 to line 7 on page 11);
(c) introducing the biological reagent and/or buffer to captured biomolecules on the collectors (page 3, line 4-23, page 8, line 1 to line 7 on page 11);
(d) controlling via the electronic circuit board, moving the movable reaction chamber relative to the heat source, aligning the reaction chamber with a plurality of thermal zones comprising predetermined thermal profile to enable biochemical reagent to react with the captured biomolecules and produce amplification product and sequencing (page 3, line 4-23, page 8, line 1 to line 7 on page 11, page 21, line 10 to line 20, on page 23);
(e) performing detecting amplification reaction and sequencing reads using the detection module measuring fluorescence signal (page 21, line 10 to line 20, on page 23, page 21, line 10 to line 20, on page 23).
With reference to claim 20, Davis et al. teach that the detection results are analyzed by a pre-defined statistical model (statistical software), transmitting the analyzed results via the electronic board to remote server for comparative analysis to establish the presence or absence of the airborne biomolecules (page 21, line 10 to line 6 on page 31).
With reference to claim 23, Davis et al. teach that the electronic circuit board and detection module further process the data, wherein the system further comprises a mobile device operably connected to the electronic circuit board to control or change heat source temperature or and movement of reaction chamber thermal profile to on and off the heat source, detection module comprises at least on temperature sensor and the mobile device collects the data and display the temperature, processing and detection data including amplification detection data, calibration program for thermal control (page 10, line 15-20, Fig. 1, page 21, line 10 to line 6 on page 31). For all the above the claims are anticipated.
Conclusion
No claims are allowable.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SURYAPRABHA CHUNDURU whose telephone number is (571)272-0783. The examiner can normally be reached 8.00am-4.30pm.
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Suryaprabha Chunduru
Primary Examiner
Art Unit 1681
/SURYAPRABHA CHUNDURU/Primary Examiner, Art Unit 1681
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