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. The Applicant’s response to the office action filed on November 11, 2025 is acknowledged.
Status of the Application
2. Claims 19-21 are pending under examination. New claim 23 is added Claims 1-18 were previously withdrawn from further consideration as being drawn to nonelected group. Claim 22 is canceled. The Applicant’s arguments have been fully considered and found persuasive for the following reasons. The action is made necessitated by the amendment.
Response to Arguments:
3. The objection to the specification has been withdrawn in view of the amendment to the specification.
4. The rejection of claims 19-22 under 35 USC 102(a)(1) as being anticipated by Jiang et al. has been withdrawn in view of the amendment.
New Rejections Necessitated by the Amendment
Claim Rejections - 35 USC § 112
5. 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.
A. Claims 19-21 and 23 are 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. Regarding claims 19-20, the phrase "for example" (i.e. and e.g) renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). In addition, said limitations in the in the parenthesis are not clear and indefinite because it is not clear if the limitations are required limitations of the claims or do, they represent as an example.
B. Claim 23 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. Regarding claim 23, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). In addition, said limitations in the in the parenthesis are not clear and indefinite because it is not clear if the limitations are required limitations of the claims or do, they represent as an example.
Claim Rejections - 35 USC § 102
6. 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.
A. Claims 19 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Castro et al. (US 2007/0068284)
Castro et al. teach a method of claim 19, 21, for detecting airborne biomolecules, the method comprising:
(a) providing a detection system (PCR flow through system) comprising an air pump, an air sampler comprising one or more sample collectors and one or more movable reaction chambers (capture vessels or well plate with tubes), a biochemical reagent or buffer (PCR reagents including enzymes, primers or cell lysing buffer), a heat source, a detection module (radiation detector/ fluorometer) and an electronic circuit board (para 0006, 0015-0020);
(b) operating air pump to direct ambient air into the air sampler and collecting airborne biomolecules captured by the collectors (para 0015-0020);
(c) introducing the biological reagent and/or buffer to captured biomolecules on the collectors (para 0015-0020);
(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, enzymes) to react with the captured biomolecules and produce amplification product (para 0015-0020);
(e) performing detecting amplification reaction product using the detection module measuring fluorescence signal (para 0019). For all the above the claims are anticipated.
B. Claims 19-21 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, 21, 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 20, Jensen et al. teach that the detection results are analyzed by a pre-defined statistical model (with reference sample), transmitting the analyzed results via the electronic board to remote server for comparative analysis to establish the presence or absence of the airborne biomolecules (para 0166-0183).
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.
Conclusion
No claims are allowable.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to 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