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 Amendment
Amendment filed on 05/26/2026 has been entered. Claims 1, 10, 17 are amended. Claims 20 – 23 are newly added. Claims 6, 8 – 9, 16, 19 are canceled. Claims 1 – 5, 7, 10 – 15, 17 – 18, 20 – 23 are pending.
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.
Claims 1 – 5, 7, 10 – 15, 17 – 18, 20 – 23 are rejected under 35 U.S.C. 103 as being unpatentable over Yang ( Pat. No. CN 102706857 B ), hereinafter Yang, in view of Marotta ( U: Marotta NE, Barber JR, Dluhy PR, Bottomley LA. Patterned silver nanorod array substrates for surface enhanced Raman scattering. Applied Spectroscopy. 2009;63(10):1101-1106 ), hereinafter Marotta, in view of Vo-Dinh ( Pub. No. US 20030059820 A1), hereinafter Vo-Dinh.
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Regarding Independent Claim 1 ( Currently Amended ), Yang teaches a method for manufacturing a nanostructure-based substrate for surface-enhanced Raman spectroscopy ( Yang, Abstract, multifunctional surface enhanced Raman scattering (SERS) substrate ), the method comprising:
preparing a substrate ( Yang, Abstract, multifunctional surface enhanced Raman scattering (SERS) substrate );
depositing a zinc oxide (ZnO) seed layer ( Yang, [0013], ZnO seed layer ) on the substrate ( Yang, Abstract, multifunctional surface enhanced Raman scattering (SERS) substrate );
growing a zinc oxide nanostructure ( Yang, Abstract, developing a ZnO nanorod array in Zn(NO3)2 and hexamethylenetetramine (HMT) solution ) through a synthesis manner of applying a zinc (Zn) solution ( Yang, [0013], Zn(NO3)2 at 90 °C and hexamethylene tetramine (HMT) solution ) to the zinc oxide (ZnO) seed layer ( Yang, [0013], ZnO seed layer ) to produce a grown nanostructure ( Yang, FIG. 1, C; [0022], C: on the TiO2 nanometre pipe ( i.e. TiO2 nanotube ) modified the silver particles );
coating the grown nanostructure ( Yang, FIG. 1, C; [0022], C: on the TiO2 nanometre pipe ( i.e. TiO2 nanotube ) modified the silver particles ) with a metal ( Yang, Abstract, soaking the nanotube into Ag(NH3)2+ and reducing the nanotube to silver particles; [0010], adding the silver particles modified at TiO2 surface that has been grown with TiO2 nanotube immersed in SnCl2 so the surface affixes a layer of the divalent tin ions, then through the dip in Ag(NH3)2+ in the reduced into silver particles );
combining and disposing at least one surface-enhanced Raman spectroscopy substrate ( Yang, Abstract, multifunctional surface enhanced Raman scattering (SERS) substrate ) manufactured through the metal coating ( Yang, Abstract, soaking the nanotube into Ag(NH3)2+ and reducing the nanotube to silver particles; [0010], adding the silver particles modified at TiO2 surface that has been grown with TiO2 nanotube immersed in SnCl2 so the surface affixes a layer of the divalent tin ions, then through the dip in Ag(NH3)2+ in the reduced into silver particles ); and
manufacturing, as a sample inlet of each surface-enhanced Raman spectroscopy substrate ( Yang, Abstract, multifunctional surface enhanced Raman scattering (SERS) substrate ) which is at a preset distance or more from the surface-enhanced Raman spectroscopy substrate ( Yang, Abstract, multifunctional surface enhanced Raman scattering (SERS) substrate ), and is disposed to be formed to be in a preset size or more; and
the surface-enhanced Raman spectroscopy substrate ( Yang, Abstract, multifunctional surface enhanced Raman scattering (SERS) substrate ).
Yang fails to disclose:
manufacturing a multi-sample measurement chip,
moving a liquid sample from the sample inlet to the surface-enhanced Raman spectroscopy substrate in the multi-sample measurement chip,
wherein a preset slope is formed from the sample inlet to the surface-enhanced Raman spectroscopy substrate,
wherein the liquid sample moves along the preset slope from the sample inlet to the surface-enhanced Raman spectroscopy substrate, and
wherein the preset slope is a linear slope.
However, Marotta teaches:
manufacturing a multi-sample measurement chip ( Marotta, FIG. 2, (b) ),
moving a liquid sample ( Marotta, Abstract, (5) small fluid volumes, and (6) ease of use for manual delivery of fluids to each element in the patterned array ) from the sample inlet ( Marotta, Abstract, (2) physical isolation of nanorod arrays from one another to minimize cross contamination during sample loading ) to the surface-enhanced Raman spectroscopy substrate in the multi-sample measurement chip ( Marotta, FIG. 2, (b) ),
wherein a preset slope ( Marotta, FIG. 2, (b), slope formed by circular wells; page 1104, right column, line 18, each well in 25 µm steps ) is formed from the sample inlet ( Marotta, Abstract, (2) physical isolation of nanorod arrays from one another to minimize cross contamination during sample loading ) to the surface-enhanced Raman spectroscopy substrate,
wherein the liquid sample ( Marotta, Abstract, (5) small fluid volumes, and (6) ease of use for manual delivery of fluids to each element in the patterned array ) moves along the preset slope ( Marotta, FIG. 2, (b), slope formed by circular wells ) from the sample inlet ( Marotta, Abstract, (2) physical isolation of nanorod arrays from one another to minimize cross contamination during sample loading ) to the surface-enhanced Raman spectroscopy substrate , and
wherein the preset slope is a slope ( Marotta, FIG. 2, (b), slope formed by circular wells ).
Yang and Marotta are both considered to be analogous to the claimed invention because they are forming substrates for Surface-Enhanced Raman Scattering. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yang ( zinc oxide (ZnO) seed layer ), to incorporate the teachings of Marotta ( manufacturing a multi-sample measurement chip, moving a liquid sample, a preset slope, isolation of nanorod arrays, ease of use for manual delivery of fluids ), to implement the specific and selective patterns for multiple nanorod arrays, to achieve the isolation of nanorod arrays and ease of use for manual delivery of fluids. Doing so would provide physical isolation of nanorod arrays from one another to minimize cross contamination during sample loading, and allow the liquid sample moves on preset slope; therefore the measurement accuracy and cost of Surface-Enhanced Raman Scattering can be improved.
Yang and Marotta do not explicitly disclose:
wherein the preset slope is a linear slope.
However, Vo-Dinh teaches:
wherein the preset slope is a linear slope (Vo-Dinh, FIG. 10, linear slope from 1040 to 1030; [0130], a sampling platform 1010 using a microfluidics system. Reagent reservoir 1040 supplies fluid material (e.g. solutions of DNA) to microfluidic system 1030 for transfer of the fluid to a fluid dispensing device 1020; FIGS. 15(A) and (B), linear slope from 1530 to 1540; [0165], Microfluidics system includes fluid (e.g. reagent or sample) reservoirs 1535 which are fluidicly connected to microfluidics controller 1530 which supplies fluids to sampling platform 1540 ).
Yang, Marotta and Vo-Dinh are all considered to be analogous to the claimed invention because they are forming substrates and sampling platforms for Surface-Enhanced Raman Scattering. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yang ( zinc oxide (ZnO) seed layer ) and Marotta ( FIG. 2, (b), slope formed by circular wells, manufacturing a multi-sample measurement chip, moving a liquid sample, a preset slope, isolation of nanorod arrays, ease of use for manual delivery of fluids ), to incorporate the teachings of Vo-Dinh ( Vo-Dinh, FIG. 10, linear slope from 1040 to 1030; [0130]; FIGS. 15(A) and (B), linear slope from 1530 to 1540; [0165] ), to implement the linear slope to receive the liquid sample, and achieve the ease of use for delivery of fluids. Doing so would allow the liquid sample moves on a linear slope; therefore the sampling platform having a linear slope to receive the liquid sample for Surface-Enhanced Raman Scattering can be improved.
Regarding Claim 2 ( Previously Presented ), Yang, Marotta and Vo-Dinh teach the method as claimed in claim 1, on which this claim is dependent, Yang further teaches:
wherein the substrate ( Yang, Abstract, multifunctional surface enhanced Raman scattering (SERS) substrate ) includes at least one of silicon, glass, PET, and an overhead projection (OHP) film ( Yang, Abstract, paving a layer of ZnO seeds on the inner wall of a capillary ).
Regarding Claim 3 ( Original ), Yang, Marotta and Vo-Dinh teach the method as claimed in claim 1, on which this claim is dependent, Yang further teaches:
wherein the growing of the nanostructure ( Yang, FIG. 1, C; [0022], C: on the TiO2 nanometre pipe ( i.e. TiO2 nanotube ) modified the silver particles ) includes:
adjusting at least one of spacing between the nanostructures ( Yang, FIG. 1, C; [0022], C: on the TiO2 nanometre pipe ( i.e. TiO2 nanotube ) modified the silver particles ) and a growing direction of the nanostructure by using at least one of a manner of adjusting a temperature ( Yang, [0013], treating for 350 °C at 20 min degrees centigrade, to make the inner wall of the capillary tube to produce a ZnO seed layer ) and a manner of treating a zinc-based solution surface ( Yang, [0013], Zn(NO3)2 at 90 °C and hexamethylene tetramine (HMT) solution ), when growing the nanostructure, depending on a characteristic of a sample to be measured,
wherein the spacing ( Yang, FIG. 2, C: zinc oxide nano-rod array, D: titanium dioxide nano-tube array ) between the nanostructures grown ( Yang, FIG. 1, C; [0022], C: on the TiO2 nanometre pipe ( i.e. TiO2 nanotube ) modified the silver particles ) is adjusted as the temperature is adjusted, when the temperature ( Yang, [0013], treating for 350 °C at 20 min degrees centigrade, to make the inner wall of the capillary tube to produce a ZnO seed layer ) adjusting manner is used, and
wherein the growing direction ( Yang, FIG. 3, titanium dioxide nano-tube array ) of the nanostructure ( Yang, FIG. 1, C; [0022], C: on the TiO2 nanometre pipe ( i.e. TiO2 nanotube ) modified the silver particles ) is adjusted, when the manner of treating the zinc-based solution surface ( Yang, [0013], Zn(NO3)2 at 90 °C and hexamethylene tetramine (HMT) solution ) is used.
Regarding Claim 4 ( Original ), Yang, Marotta and Vo-Dinh teach the method as claimed in claim 3, on which this claim is dependent, Yang further teaches:
wherein the nanostructure ( Yang, FIG. 1, C; [0022], C: on the TiO2 nanometre pipe ( i.e. TiO2 nanotube ) modified the silver particles ) is grown to be different in at least one of the spacing ( Yang, FIG. 2, C: zinc oxide nano-rod array, D: titanium dioxide nano-tube array ) between the nanostructures and the growing direction ( Yang, FIG. 3, titanium dioxide nano-tube array ) of the nanostructure inside the substrate ( Yang, Abstract, multifunctional surface enhanced Raman scattering (SERS) substrate ).
Regarding Claim 5 ( Original ), Yang, Marotta and Vo-Dinh teach the method as claimed in claim 1, on which this claim is dependent, Yang and Marotta further teach: further comprising:
before the depositing of the zinc oxide (ZnO) seed layer ( Yang, [0013], ZnO seed layer ),
performing a selective etching process after performing a lithography process for the substrate ( Yang, Abstract, multifunctional surface enhanced Raman scattering (SERS) substrate ) by utilizing a polymer film having a specific pattern which is printed ( Marotta, Abstract, patterned wells are formed by contact printing of a polymer onto the surface ) on the substrate as a mask,
wherein the depositing of the zinc oxide (ZnO) seed layer ( Yang, [0013], ZnO seed layer ) includes:
depositing the zinc oxide (ZnO) seed layer ( Yang, [0013], ZnO seed layer ) in a region, which is selectively etched ( Marotta, Abstract, (2) physical isolation of nanorod arrays from one another to minimize cross contamination during sample loading ), of the substrate ( Yang, Abstract, multifunctional surface enhanced Raman scattering (SERS) substrate ).
Regarding Claim 7 ( Original ), Yang, Marotta and Vo-Dinh teach the method as claimed in claim 5, on which this claim is dependent, Yang and Marotta further teach:
wherein the specific pattern ( Marotta, Abstract, patterned wells are formed by contact printing of a polymer onto the surface ) is formed to control a diffusion direction of a liquid ( Marotta, Abstract, (2) physical isolation of nanorod arrays from one another to minimize cross contamination during sample loading ) sample from a sample inlet ( Marotta, Abstract, (2) physical isolation of nanorod arrays from one another to minimize cross contamination during sample loading ) to the surface-enhanced Raman spectroscopy substrate ( Yang, Abstract, multifunctional surface enhanced Raman scattering (SERS) substrate ).
Regarding Independent Claim 10 ( Currently Amended ), Yang teaches a nanostructure-based substrate ( Yang, Abstract, multifunctional surface enhanced Raman scattering (SERS) substrate ) for surface-enhanced Raman spectroscopy comprising:
a substrate ( Yang, Abstract, multifunctional surface enhanced Raman scattering (SERS) substrate );
a zinc oxide nanostructure ( Yang, Abstract, developing a ZnO nanorod array in Zn(NO3)2 and hexamethylenetetramine (HMT) solution ) grown through a synthesis manner of applying a zinc (Zn) solution to a zinc oxide (ZnO) seed layer ( Yang, [0013], ZnO seed layer ), after depositing the zinc oxide (ZnO) seed layer ( Yang, [0013], ZnO seed layer ) on the substrate ( Yang, Abstract, multifunctional surface enhanced Raman scattering (SERS) substrate ); and
a metal ( Yang, Abstract, soaking the nanotube into Ag(NH3)2+ and reducing the nanotube to silver particles; [0010], adding the silver particles modified at TiO2 surface that has been grown with TiO2 nanotube immersed in SnCl2 so the surface affixes a layer of the divalent tin ions, then through the dip in Ag(NH3)2+ in the reduced into silver particles ) coated on the zinc oxide nanostructure ( Yang, FIG. 1, C; [0022], C: on the TiO2 nanometre pipe ( i.e. TiO2 nanotube ) modified the silver particles );
Yang fails to disclose:
a sample inlet at a preset distance or more from the substrate and connected by a preset slope, and
wherein the preset slope is configured to move a liquid sample from the sample inlet to the substrate, and
wherein the preset slope is a linear slope.
However, Marotta teaches:
a sample inlet ( Marotta, Abstract, (2) physical isolation of nanorod arrays from one another to minimize cross contamination during sample loading ) at a preset distance or more from the substrate and connected by a preset slope ( Marotta, FIG. 2, (b), slope formed by circular wells ),
wherein the preset slope ( Marotta, FIG. 2, (b), slope formed by circular wells ) is configured to move a liquid sample ( Marotta, Abstract, (5) small fluid volumes, and (6) ease of use for manual delivery of fluids to each element in the patterned array ) from the sample inlet ( Marotta, Abstract, (2) physical isolation of nanorod arrays from one another to minimize cross contamination during sample loading ) to the substrate, and
wherein the preset slope is a slope ( Marotta, FIG. 2, (b), slope formed by circular wells ).
Yang and Marotta are both considered to be analogous to the claimed invention because they are forming substrates for Surface-Enhanced Raman Scattering. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yang ( zinc oxide (ZnO) seed layer ), to incorporate the teachings of Marotta ( a sample inlet, a preset slope, moving a liquid sample, isolation of nanorod arrays, ease of use for manual delivery of fluids ), to implement the specific and selective patterns for multiple nanorod arrays, and to achieve the isolation of nanorod arrays and ease of use for manual delivery of fluids. Doing so would provide physical isolation of nanorod arrays from one another to minimize cross contamination during sample loading, and allow the liquid sample moves on preset slope; therefore the measurement accuracy and cost of Surface-Enhanced Raman Scattering can be improved.
Yang and Marotta do not explicitly disclose:
wherein the preset slope is a linear slope.
However, Vo-Dinh teaches:
wherein the preset slope is a linear slope (Vo-Dinh, FIG. 10, linear slope from 1040 to 1030; [0130], a sampling platform 1010 using a microfluidics system. Reagent reservoir 1040 supplies fluid material (e.g. solutions of DNA) to microfluidic system 1030 for transfer of the fluid to a fluid dispensing device 1020; FIGS. 15(A) and (B), linear slope from 1530 to 1540; [0165], Microfluidics system includes fluid (e.g. reagent or sample) reservoirs 1535 which are fluidicly connected to microfluidics controller 1530 which supplies fluids to sampling platform 1540 ).
Yang, Marotta and Vo-Dinh are all considered to be analogous to the claimed invention because they are forming substrates and sampling platforms for Surface-Enhanced Raman Scattering. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yang ( zinc oxide (ZnO) seed layer ) and Marotta ( FIG. 2, (b), slope formed by circular wells, manufacturing a multi-sample measurement chip, moving a liquid sample, a preset slope, isolation of nanorod arrays, ease of use for manual delivery of fluids ), to incorporate the teachings of Vo-Dinh ( Vo-Dinh, FIG. 10, linear slope from 1040 to 1030; [0130]; FIGS. 15(A) and (B), linear slope from 1530 to 1540; [0165] ), to implement the linear slope to receive the liquid sample, and achieve the ease of use for delivery of fluids. Doing so would allow the liquid sample moves on a linear slope; therefore the sampling platform having a linear slope to receive the liquid sample for Surface-Enhanced Raman Scattering can be improved.
Regarding Claim 11 ( Original ), Yang, Marotta and Vo-Dinh teach the nanostructure-based substrate ( Yang, Abstract, multifunctional surface enhanced Raman scattering (SERS) substrate ) as claimed in claim 10, on which this claim is dependent, Yang further teaches:
wherein the substrate ( Yang, Abstract, multifunctional surface enhanced Raman scattering (SERS) substrate ) includes at least one of silicon, glass, PET, and OHP film ( Yang, Abstract, paving a layer of ZnO seeds on the inner wall of a capillary ).
Regarding Claim 12 ( Currently Amended ), Yang, Marotta and Vo-Dinh teach the nanostructure-based substrate ( Yang, Abstract, multifunctional surface enhanced Raman scattering (SERS) substrate ) as claimed in claim 10, on which this claim is dependent, Yang further teaches:
wherein the nanostructure ( Yang, FIG. 1, C; [0022], C: on the TiO2 nanometre pipe ( i.e. TiO2 nanotube ) modified the silver particles ) is grown by adjusting at least one of spacing ( Yang, FIG. 2, C: zinc oxide nano-rod array, D: titanium dioxide nano-tube array ) between the nanostructures and a growing direction ( Yang, FIG. 3, titanium dioxide nano-tube array ) of the nanostructure depending on a characteristic of a sample to be measured.
Regarding Claim 13 ( Original ), Yang, Marotta and Vo-Dinh teach the nanostructure-based substrate ( Yang, Abstract, multifunctional surface enhanced Raman scattering (SERS) substrate ) as claimed in claim 12, on which this claim is dependent, Yang further teaches:
wherein the spacing between the zinc oxide nanostructures ( Yang, Abstract, developing a ZnO nanorod array in Zn(NO3)2 and hexamethylenetetramine (HMT) solution ) is adjusted by adjusting a temperature ( Yang, [0013], treating for 350 °C at 20 min degrees centigrade, to make the inner wall of the capillary tube to produce a ZnO seed layer ) when the zinc oxide nanostructure ( Yang, Abstract, developing a ZnO nanorod array in Zn(NO3)2 and hexamethylenetetramine (HMT) solution ) is grown, and
wherein the growing direction ( Yang, FIG. 3, titanium dioxide nano-tube array ) of the zinc oxide nanostructure ( Yang, Abstract, developing a ZnO nanorod array in Zn(NO3)2 and hexamethylenetetramine (HMT) solution ) is adjusted through a manner of treating a zinc-based solution surface ( Yang, [0013], Zn(NO3)2 at 90 °C and hexamethylene tetramine (HMT) solution ).
Regarding Claim 14 ( Original ), Yang, Marotta and Vo-Dinh teach the nanostructure-based substrate ( Yang, Abstract, multifunctional surface enhanced Raman scattering (SERS) substrate ) as claimed in claim 13, on which this claim is dependent, Yang further teaches:
wherein the nanostructure ( Yang, FIG. 1, C; [0022], C: on the TiO2 nanometre pipe ( i.e. TiO2 nanotube ) modified the silver particles ) is grown to be different in at least one of the spacing ( Yang, FIG. 2, C: zinc oxide nano-rod array, D: titanium dioxide nano-tube array ) between the nanostructures and the growing direction ( Yang, FIG. 3, titanium dioxide nano-tube array ) of the nanostructure inside the substrate ( Yang, Abstract, multifunctional surface enhanced Raman scattering (SERS) substrate ).
Regarding Claim 15 ( Original ), Yang, Marotta and Vo-Dinh teach the nanostructure-based substrate ( Yang, Abstract, multifunctional surface enhanced Raman scattering (SERS) substrate ) as claimed in claim 10, on which this claim is dependent, Yang and Marotta further teach:
wherein a selective etching process based on a lithography process is performed with respect to the substrate using a mask including a polymer film having a specific pattern printed ( Marotta, Abstract, patterned wells are formed by contact printing of a polymer onto the surface ) on the substrate, before depositing the zinc oxide seed layer ( Yang, [0013], ZnO seed layer ), and
wherein the zinc oxide seed layer ( Yang, [0013], ZnO seed layer ) is deposited in a region, in the substrate ( Yang, Abstract, multifunctional surface enhanced Raman scattering (SERS) substrate ).
Regarding Claim 17 ( Currently Amended ), Yang, Marotta and Vo-Dinh teach the nanostructure-based substrate ( Yang, Abstract, multifunctional surface enhanced Raman scattering (SERS) substrate ) as claimed in claim 22, on which this claim is dependent, Yang and Marotta further teach:
wherein the specific pattern ( Marotta, Abstract, patterned wells are formed by contact printing of a polymer onto the surface ) is formed to control a diffusion direction of a liquid ( Marotta, Abstract, (2) physical isolation of nanorod arrays from one another to minimize cross contamination during sample loading ) sample from a sample inlet ( Marotta, Abstract, (2) physical isolation of nanorod arrays from one another to minimize cross contamination during sample loading ) to the surface-enhanced Raman spectroscopy substrate ( Yang, Abstract, multifunctional surface enhanced Raman scattering (SERS) substrate ).
Regarding Claim 18 ( Previously Amended ), Yang, Marotta and Vo-Dinh teach the method as claimed in claim 1, on which this claim is dependent, Yang further teaches:
wherein the coating the grown nanostructure ( Yang, FIG. 1, C; [0022], C: on the TiO2 nanometre pipe ( i.e. TiO2 nanotube ) modified the silver particles ) with a metal ( Yang, Abstract, soaking the nanotube into Ag(NH3)2+ and reducing the nanotube to silver particles; [0010], adding the silver particles modified at TiO2 surface that has been grown with TiO2 nanotube immersed in SnCl2 so the surface affixes a layer of the divalent tin ions, then through the dip in Ag(NH3)2+ in the reduced into silver particles ) occurs immediately after the growing the zinc oxide nanostructure.
Regarding Claim 20 ( New ), Yang, Marotta and Vo-Dinh teach the method as claimed in claim 1, on which this claim is dependent, Marotta further teaches:
wherein the substrate includes a printing film ( Marotta, Abstract, patterned wells are formed by contact printing of a polymer onto the surface ), and
wherein the preparing the substrate includes forming a specific pattern by printing wax ( Marotta, Abstract, (2) physical isolation of nanorod arrays from one another to minimize cross contamination during sample loading; (6) ease of use for manual delivery of fluids to each element in the patterned array ) on the substrate.
Based on Marotta’s teachings of “ contact printing of a polymer onto the surface ” and “ physical isolation ” and “ ease of use for manual delivery of fluids ”, it would have been obvious to isolate by printing polymer of wax or hydrophobic material, to achieve the isolation of nanorod arrays and ease of use for manual delivery of fluids, since this is within the skill level of one in the art.
Regarding Claim 21 ( New ), Yang, Marotta and Vo-Dinh teach the method as claimed in claim 1, on which this claim is dependent, Vo-Dinh further teaches:
wherein the preset slope is within a channel ( Vo-Dinh, FIGS. 15(A) and (B), “ Sample In ” channel from 1530 to 1540; [0165], Microfluidics system includes fluid (e.g. reagent or sample) reservoirs 1535 which are fluidicly connected to microfluidics controller 1530 which supplies fluids to sampling platform 1540 ).
Regarding Claim 22 ( New ), Yang, Marotta and Vo-Dinh teach the method as claimed in claim 10, on which this claim is dependent, Marotta further teaches:
wherein the substrate includes a printing film ( Marotta, Abstract, patterned wells are formed by contact printing of a polymer onto the surface ), and
wherein a specific pattern is formed by printing wax ( Marotta, Abstract, (2) physical isolation of nanorod arrays from one another to minimize cross contamination during sample loading; (6) ease of use for manual delivery of fluids to each element in the patterned array ) on the substrate.
Based on Marotta’s teachings of “ contact printing of a polymer onto the surface ” and “ physical isolation ” and “ ease of use for manual delivery of fluids ”, it would have been obvious to isolate by printing polymer of wax or hydrophobic material, to achieve the isolation of nanorod arrays and ease of use for manual delivery of fluids, since this is within the skill level of one in the art.
Regarding Claim 23 ( New ), Yang, Marotta and Vo-Dinh teach the method as claimed in claim 10, on which this claim is dependent, Vo-Dinh further teaches:
wherein the preset slope is within a channel ( Vo-Dinh, FIGS. 15(A) and (B), “ Sample In ” channel from 1530 to 1540; [0165], Microfluidics system includes fluid (e.g. reagent or sample) reservoirs 1535 which are fluidicly connected to microfluidics controller 1530 which supplies fluids to sampling platform 1540 ).
Response to Arguments
Applicant’s argument for claims 1, 10: page 8, line 5 from bottom, cited “ It is respectfully submitted that Marotta does not teach or suggest these features of the preset slope as a linear slope recited in Claims 1 and 10. ”.
Examiner’s response: Please refer to claims 1, 10 in Claim Rejections - 35 USC § 103 of this office action, claim 1 cited “
However, Vo-Dinh teaches:
wherein the preset slope is a linear slope (Vo-Dinh, FIG. 10, linear slope from 1040 to 1030; [0130], a sampling platform 1010 using a microfluidics system. Reagent reservoir 1040 supplies fluid material (e.g. solutions of DNA) to microfluidic system 1030 for transfer of the fluid to a fluid dispensing device 1020; FIGS. 15(A) and (B), linear slope from 1530 to 1540; [0165], Microfluidics system includes fluid (e.g. reagent or sample) reservoirs 1535 which are fluidicly connected to microfluidics controller 1530 which supplies fluids to sampling platform 1540 ).
Yang, Marotta and Vo-Dinh are all considered to be analogous to the claimed invention because they are forming substrates and sampling platforms for Surface-Enhanced Raman Scattering. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yang ( zinc oxide (ZnO) seed layer ) and Marotta ( FIG. 2, (b), slope formed by circular wells, manufacturing a multi-sample measurement chip, moving a liquid sample, a preset slope, isolation of nanorod arrays, ease of use for manual delivery of fluids ), to incorporate the teachings of Vo-Dinh ( Vo-Dinh, FIG. 10, linear slope from 1040 to 1030; [0130]; FIGS. 15(A) and (B), linear slope from 1530 to 1540; [0165] ), to implement the linear slope to receive the liquid sample, and achieve the ease of use for delivery of fluids. Doing so would allow the liquid sample moves on a linear slope; therefore the sampling platform having a linear slope to receive the liquid sample for Surface-Enhanced Raman Scattering can be improved. ”.
Applicant’s argument for newly added claims 21, 23: page 11, line 1, cited “ Claims 21 and 23 further distinguish from the prior art by describing the preset slope being located within a channel. This feature additionally controls the fluid flow along the slope formed on the substrate surface, and Marotta and Yang do not teach or suggest using such channel. ”.
Examiner’s response: Please refer to claims 21, 23 in Claim Rejections - 35 USC § 103 of this office action, for instance, claim 21, cited “
Vo-Dinh further teaches:
wherein the preset slope is within a channel ( Vo-Dinh, FIGS. 15(A) and (B), “ Sample In ” channel from 1530 to 1540; [0165], Microfluidics system includes fluid (e.g. reagent or sample) reservoirs 1535 which are fluidicly connected to microfluidics controller 1530 which supplies fluids to sampling platform 1540 ). ”.
Applicant’s argument for claims 20, 22: page 10, line 5, cited “ Claims 20 and 22 include the features of the substrate including a printing film, with a specific pattern being formed by printing wax on the substrate, which features were previously included in Claims 1 and 10. Applicant submits that neither Yang nor Marotta teach or suggest wax, or a substance similar to wax. ”.
Examiner’s response: Please refer to claims 20, 22 in Claim Rejections - 35 USC § 103 of this office action, for instance, claim 20, cited “
wherein the substrate includes a printing film ( Marotta, Abstract, patterned wells are formed by contact printing of a polymer onto the surface ), and
wherein the preparing the substrate includes forming a specific pattern by printing wax ( Marotta, Abstract, (2) physical isolation of nanorod arrays from one another to minimize cross contamination during sample loading; (6) ease of use for manual delivery of fluids to each element in the patterned array ) on the substrate.
Based on Marotta’s teachings of “ contact printing of a polymer onto the surface ” and “ physical isolation ” and “ ease of use for manual delivery of fluids ”, it would have been obvious to isolate by printing polymer of wax or hydrophobic material, to achieve the isolation of nanorod arrays and ease of use for manual delivery of fluids, since this is within the skill level of one in the art. ”.
Conclusion
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 Da-Wei Lee whose telephone number is 703-756-1792. The examiner can normally be reached M -̶ F 8:00 am -̶ 6:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marlon Fletcher can be reached at 571-272-2063. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DA-WEI LEE/Examiner, Art Unit 2817
/MARLON T FLETCHER/Supervisory Primary Examiner, Art Unit 2817
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