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 .
Response to Amendment
Applicant’s amendment to independent claims 1 and 7, the addition of new claims 11-12, as well as the accompanying arguments filed 02/03/2026, has overcome the rejection of claims 1-10 as presented in the previous Office Action dated 08/04/2025. Therefore, the rejection has been withdrawn. However, upon further consideration, new ground(s) of rejection are made below over the disclosures of Kishi, Si (CN 109279570) and Farah (US 2018/0248070).
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.
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(s) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kishi (US in view of Si (CN 109279570).
Kishi discloses nucleic acid-based barcoding. Kishi discloses and depicts an exemplary method for storing nucleic acid-encoded data on a compressible hydrogel. (Para, 0050; Fig.2A-2C). Kishi discloses in this method data is first written onto the hydrogel substrate (WRITE) before being stored (STORE). (Para, 0050). Kishi discloses when the data needs to be reviewed, it is read (READ) and depending on the patterning method can additionally require a resetting (RESET) step prior to storage again. (Para, 0050). Kishi illustrates in Figure 2B how a small hydrogel can be expanded before the data (pattern) is applied (WRITE). (Para, 0050). Kishi then discloses, after data has been written, the gel is re-compressed and then stored in a desiccated state (STORE). (Para, 0050). Kishi illustrates in Figure 2C that, in order to read the data pattern, desiccated hydrogels must typically be re-hydrated and expanded before being read. (Para, 0050). Kishi explains, after reading of the information, the hydrogel can again be re-compressed and desiccated for further storage. (Para, 0050).
Kishi describes the hydrogel properties in greater detail. Kishi discloses compressible hydrogels are three-dimensional (3D) polymer networks that comprise high water content (up to 99% of the hydrogel mass) [3]. (Para, 0120). Kishi explains this gives hydrogels the ability to considerably expand and compress (>10 times in volume) in response to the amount of water in the polymer network, which can be modulated via environmental stimuli such as ionic strength, pH temperature, light, electric and magnetic fields, solvent composition, and pressure. (Para, 0120). Kishi discloses Hydrogels have been used widely in biomedicine (e.g., in drug delivery, contact lenses, tissue engineering, biosensing, photodynamic therapy), microtechnology (e.g., in actuators, supercapacitors), industry, and microscopy [4]. (Para, 0120). Kishi also discloses that hydrogels can be easily molded, patterned, or shaped into any shape, size, or form, according to the application for use of the hydrogel or visual readout and then can be multidimensional (e.g., 2D, 3D or swellable (4D)) hydrogels. (Para, 0121). These disclosures teach and/or suggest the limitation of claim 7, ‘ An optical storage comprising: a hydrogel with a pattern, wherein the hydrogel is expandable…’ and the limitation of claim 9.
Kishi discloses that hydrogel patterning can be in the form of any pre-determined pattern engineered using methods known in the art (e.g., nanomolding, micromolding, microcontact printing, injection molding, masking techniques, photolithography methods, curing, maskless patterning, photosensitive hydrogel patterning, 3D printing, rotary jet spinning, and the like). This disclosure teaches and/or suggests the limitation of claim 1, ‘A method for storing data, the method comprising: …by illuminating a laser on the hydrogel…’ Patterns can be isotropic or anisotropic. (Para, 0123). Kishi also discloses patterns can be in the form of lines, circles, tubes, spheres, fibers, letters, numbers, dots, polygons, squares, matrix barcode (e.g., QR code), binary code, or any other pattern known in the art and the pattern can be any size, shape, or form that permits visualization or reading of the pattern. (Para, 0123). Kishi also discloses that hydrogels can be formed of several different materials including water-soluble polymers such as poly(acrylic acid), poly(vinyl alcohol), poly(vinylpyrrolidone), poly(ethylene glycol), polyacrylamide, and polysaccharides. (Para, 0126). Kishi discloses that alternatively, natural polymers such as gelatin, agar, dextran, or collagen can be utilized and that crosslinking can be performed through chemical means using a polymerization initiator, or through radiation or thermal treatments. (Para, 0126). Kishi also discloses that in expanded form, hydrogels can withstand a high water content (reaching ˜99% water). (Para, 0126). These disclosures teach and/or suggest the limitation of claim 8.
Kishi then describes how the hydrogel is used. Kishi discloses in a typical data storage workflow as depicted in FIG. 2A, data is first written, or patterned (WRITE), onto a substrate or compressible hydrogel before being stored (STORE). (Para, 0135). Kishi discloses the data can be accessed (READ), and a resetting (RESET) operation can optionally be performed before the data can be stored again. (Para, 0135). Kishi discloses, typically, a hydrogel is first isotopically expanded by any of the methods described previously in the literature (e.g. lowering the salt concentration), so that it can be encoded, i.e., patterned, with nucleic acids as depicted in FIGS. 5A-5B. (Para 0137; 0183-0185). These disclosures teach and/or suggest the limitation of claim 1, ‘ A method for storing data, the method comprising: patterning a hydrogel…’ and the limitation of claim 2. Kishi discloses after writing and/or patterning, the hydrogel can be compressed back to a smaller size using a method opposite of what was used for expansion (e.g. increasing salt). (Para, 0137). This disclosure teaches and/or suggests the limitation of claim 1, ‘A method for storing data, the method comprising: …and shrinking the patterned hydrogel for data encryption and storage.’ Kishi explains that for more stable storage, the gel can be fully desiccated before being stored. (Para, 0137). This disclosure teaches and/or suggests the limitation of claim 4.
Kishi discloses that to read the data on a written and/or patterned substrate or hydrogel (FIG. 2C), gels are typically re-hydrated if necessary and then expanded to such a size that they can be decoded (READ) before being reset (RESET) if necessary. At this point, the gel can subsequently be re-compressed and desiccated for further storage as depicted in the last steps of FIG. 2B. (Para, 0138). Kishi discloses in some embodiments, a plurality of nucleic acids is capable of binding to the nucleic acid-encoded pattern and/or nucleic acid barcodes embedded within a substrate or compressible hydrogel. (Para, 0191). Kishi explains, the plurality of nucleic acids can further comprise a detectable moiety, e.g., a fluorescent molecule. (Para, 0191) Kishi discloses the binding of the plurality of nucleic acids comprising a detectable moiety to the nucleic acid-encoded pattern and/or nucleic acid barcodes enables detection, i.e., reading, of the information encoded by the pattern and/or barcodes. (Para, 0191). Kishi explains a “detectable moiety” or “label” refers to a molecular entity that is capable of being detected, e.g., a fluorophore, a colorimetric dye, a pigment, an optically-active agent. (Para, 0193). Kishi explains detectable moieties can be covalently linked or non-covalently linked to a nucleic acid. (Para, 0193). Kishi discloses that detectable moieties can be visualized using the naked, unaided eye, a microscope, a light sheet microscope, a fluorescent scanner, a spectrophotometric scanner, an electrical voltammeter, or any other detection method. (Para, 0195). Kishi explains that in some embodiments, a detectable moiety is a fluorophore, e.g., an organic fluorophore or an inorganic fluorophore. (Para, 0195). These disclosures teach and/or suggest the limitations of claims 5-6 and 10.
Still, the disclosures and illustrations of Kishi fail to teach and/or suggest the limitation of claim 1, ‘ A method for storing data, the method comprising: …wherein the laser is a femtosecond laser with a pulse duration of 10-200 femtoseconds…’ However, the disclosures of Kishi in view of the disclosures of Si provide such teachings.
Si is directed to a method for preparing three-dimensional conductive metal micro-nano structures in a hydrogel by combining with electrochemical reduction based on femtosecond laser direct writing, using femtosecond laser focusing. (Abstract). Si discloses an example of processing a hydrogel. Si discloses in Example 2, a fixed hydrogel is placed on the three-dimensional electric translation stage 5, a femtosecond laser with repetition frequency is 80 MHz and pulse width of 50fs, with a power setting is 80mW and then selecting 50 *, numerical aperture 0.5, the microscope objective 2, the femtosecond laser 3 through the microscope objective 2 focuses in the hydrogel 1 and moving control femtosecond laser 3 focused radiation through three-dimensional electric translation stage 5 of femtosecond laser scanning path 7, three-dimensional electric translation stage 5 of the scanning speed is 1 μ m/s. (Example 2; Fig. 1). The disclosures of Kishi as discussed above in view of these disclosures of Si teach and/or suggest the limitation of claim 1, ‘A method for storing data, the method comprising: …wherein the laser is a femtosecond laser with a pulse duration of 10-200 femtoseconds…’ and the limitation of claim 3. Moreover, the disclosures of Kishi as discussed above in view of these disclosures of Si teach and/or suggest the limitation of claim 7, ‘An optical storage comprising: … wherein the pattern is formed by illuminating a femtosecond laser on the hydrogel…and the femtosecond laser has a pulse duration of 10-200 femtoseconds (fs).’ Moreover, as discussed in Si (abstract), the patterning process is aimed at forming 3D structures such as a metal nano wire or metal micro-nanometer structures using the femtosecond laser. Therefore, the disclosures of Kishi in view of these disclosures contemplate the limitation of claim 7, ‘ An optical storage comprising: … and has a feature size of 10 nanometers (nm)…’
It would have been obvious to one of ordinary skill in the art at the time of filing of the present application by Applicant to modify the disclosures of Kishi in view of the disclosures of Si because both Kishi and Si are directed to laser patterning methods for hydrogel materials and
Si discloses femtosecond laser micro-nano processing technology has high processing precision and can three-dimensionally processing the transparent material, has no selectivity and the worked material; therefore, providing one of ordinary skill in the art a reasonable expectation of successfully forming a desired pattern in a hydrogel material with great precision. 6. Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kishi in view of Si as applied to claims 1-10 in paragraph 5 above, and further in view of Farah (US 2018/0248070).
The disclosures and illustrations of Kishi in view of Si fail to teach and/or suggest the limitation of claim 11, ‘ The method according to claim 1, wherein a peak intensity of the laser is 0.1 to 50 terawatts per square centimeter (TW/cm2).’ The disclosures and illustrations of Kishi in view of Si also fail to teach and/or suggest the limitation of claim 12, ‘ The optical storage according to claim 7, wherein a peak intensity of the laser is 0.1 to 50 terawatts per square centimeter (TW/cm2).’ However, the disclosures of Kishi and Si further in view of the disclosures of Farah provide such teachings.
Farah discloses a method of laser epitaxial lift-off. Farah also discloses typical parameters of a femtosecond laser. Farah discloses that femtosecond lasers have pulse energies on the order of 10 μJ and pulse widths of 100-500 fs, and they must be focused to a spot size on the order of 100 μm in order to garner sufficient energy density (150 mJ/cm2) to do the damage. (Para, 0085). Farah also discloses the intensity is very high on the order of (Tera) 1012 W/cm2. (Para, 0085). The disclosures of Kishi and Si further in view of these disclosures of Farah teach and/or suggest the limitation of claim 11-12.
It would have been obvious to one of ordinary skill in the art at the time of filing of the present application by Applicant to modify the combination of Kishi and Si further in view of the disclosures of Farah, because Farah provides general teachings regarding the function and parameters of a femtosecond laser such as the laser disclosed in Si and advantageously applied in the patterning method of Kishi to precisely form a desired pattern.
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.
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/CALEEN O SULLIVAN/Primary Examiner, Art Unit 2899