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 12/23/2025 has been entered. Claims 1, 10, 17 – 18 are amended. Claims 6, 8 – 9, 16, 19 are canceled. Claims 1 – 5, 7, 10 – 15, 17 – 18 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 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.
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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
wherein the substrate includes a printing film, and
wherein the preparing the substrate includes forming a specific pattern by printing wax on the substrate.
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
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.
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 ( patterned wells are formed by printing a polymer onto the surface of substrate, 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, and 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. 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.
Regarding Claim 2 ( Previously Presented ), Yang and Marotta 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 and Marotta 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 and Marotta 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 and Marotta 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 and Marotta 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.
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,
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.
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, patterned wells are formed by printing a polymer onto the surface of substrate, isolation of nanorod arrays, ease of use for manual delivery of fluids ), to implement the specific and selective patterns for multiple nanorod arrays, and 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. 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.
Regarding Claim 11 ( Original ), Yang and Marotta 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 ( Original ), Yang and Marotta 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 characteristics of a sample to be measured.
Regarding Claim 13 ( Original ), Yang and Marotta 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 and Marotta 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 and Marotta 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 and Marotta 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 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 ( Currently Amended ), Yang and Marotta 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.
Response to Arguments
Applicant’s argument for claims 1, 10: page 10, line 1, cited “ This feature is not shown or described by Marotta. For instance, the Office cites to Fig. 2(b) of Marotta (included below) for teaching a "slope formed by circular wells," but there is no slope shown in this image of a patterned substrate. ”.
Examiner’s response: Please refer to claims 1, 10 in Claim Rejections - 35 USC § 103 of this office action, claim 1 cited “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 ”. Circle wells and steps mean that there is a height difference and therefore a slope is formed.
Applicant’s argument for previously presented claims 6, 16: page 11, line 1, cited “ However, this feature of printing with wax or a hydrophobic material is not taught or suggested by Marotta. … There is no teaching or suggestion from Marotta that the UV curable epoxy is hydrophobic, and there is no suggestion elsewhere in Marotta of the pattern being formed by wax. ”.
Examiner’s response: Please refer to amended claim 1 in Claim Rejections - 35 USC § 103 of this office action, cited “ 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 ( patterned wells are formed by printing a polymer onto the surface of substrate, 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 ), this equates to implementing the specific and selective patterns for multiple nanorod arrays, and 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. ”.
Applicant’s argument for claim 3: page 11, line 13, cited “ Regarding the rejection of Claim 3, this claim has the technical feature of controlling the spacing of nanostructures grown by temperature control, and controlling the growth direction of nanostructures by using a zinc-based solution surface treatment. This is not taught by Yang and Marotta. ”.
Examiner’s response: Please refer to claim 3 in Claim Rejections - 35 USC § 103 of this office action, cited “ 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, ”; therefore, controlling the spacing of nanostructures grown by temperature control ( Yang, [0013], treating for 350 °C at 20 min degrees centigrade ), and controlling the growth direction of nanostructures by using a zinc-based solution ( Yang, [0013], Zn(NO3)2 ) surface treatment are both disclosed by Yang.
Conclusion
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/DA-WEI LEE/Examiner, Art Unit 2817
/MARLON T FLETCHER/Supervisory Primary Examiner, Art Unit 2817