Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained through the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 2 - 4, 7- 14,15 - 29 and 32 - 51 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Bourke et al. (US Pub. No.2008/0248001 A1) in view of Dolan et al. (US Patent 5,404,076 A).
With regards to claim 2, Bourke discloses a method for producing a change in a medium, comprising:
(1) placing in a vicinity of the medium an agent receptive to microwave radiation or radiofrequency radiation [0057]- [0060], [0064], [0065], [0072]; and
(2) applying as an initiation energy said microwave radiation or radiofrequency radiation by which said agent directly or indirectly generates emitted another light or the same light to produce at least one of physical and biological changes in the medium [0075], [0078], [0097], [0110]- [0118], [0128].
Bourke clearly teaches ties with RF/MW radiation to optical emissions, but fails to expressly disclose at a device engineering method level – how the microwave or radio frequency energy is converted to the infrared, visible, or ultraviolet range. Yes, Bourke teaches separately, all the parts of the claim but fails to teach them together. The examiner has determined that Bourke teaches RF/MW initiation [Wingdings font/0xE0] emitted light [Wingdings font/0xE0] change in the medium but fails to combine the RF/MW initiation with an agent re-emitting or emitting infrared, visible, or ultraviolet range. Although, the agent emitting infrared, visible, or ultraviolet range were taught in different embodiments, examples or conceptual sections, using different light not RF/MW, the two were not explicitly combined in one embodiment and as such, fails to expressly teach the claimed combo thereby not meeting 102 anticipations. Notice that where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.
Dolan discloses a method for producing a change in a medium (Figures 1 and 2), comprising:
(1) placing in a vicinity of the medium an agent receptive to microwave radiation or radiofrequency radiation (Col. 3, Lines 1 to 26);
Notice how Dolan teaches using both MW and RF radiations (Col. 4, Lines 21-22); and
(2) applying as an initiation energy said microwave radiation or radiofrequency radiation by which said agent directly or indirectly generates emitted light in the infrared, visible, or ultraviolet range to produce at least one of physical in the medium (Col. 5, Lines 45 to Col. 6, Line 11).
Referring to FIG. 1, a first embodiment of the invention is depicted. Lamp 2 is an electrodeless lamp which is powered by microwave energy. Bulb 3, which contains a high-pressure fill, and is made of quartz or other suitable material, is supported in a microwave cavity, which is comprised of conductive housing 4 and mesh 5. Magnetron 6 generates microwave energy, which is fed by waveguide 7, to coupling slot 8 of the microwave cavity. This excites the bulb fill to a plasma state, whereupon light is emitted by the fill, which is transmitted out of the cavity through mesh 5 (Col. 3, Line 1 to Col. 4, Line 57).
Notice how Dolan teaches different fill components changing at different rates will not occur. For a specific example, see the examples at the of column 5 to the rest of specification in column 6. The example shows that when the bulb was placed in a microwave cavity and excited with microwave energy at a power density of about 280 watts/cc, visible light was emitted having a spectrum as shown in FIG. 3. The luminous efficiency of the lamp was about 140 lumens/watt. Additionally, it is noted from the spectrum that there is minimal UV radiation beneath 350 nm. This feature helps to increase the luminous efficacy of the lamp and also enhances the safety of the lamp (Col. 5, Lines 45 to Col. 6, Line 11).
Bourke teaches using microwave, radiofrequency and higher energy radiation to initiate emission of light in activatable agents capable of effecting a predetermine area. For example, Bourke teaches that suitable energy modulation agents include, but are not limited to, a biocompatible fluorescing metal nanoparticle, fluorescing dye molecule, gold nanoparticle, a water-soluble quantum dot encapsulated by polyamidoamine dendrimers, a luciferase, a biocompatible phosphorescent molecule, a combined electromagnetic energy harvester molecule, and a lanthanide chelate capable of intense luminescence [0073]. Bourke is silent about specifically tying the RF/MW initiation energy to visible, infrared, ultraviolet emissions from a receptive agent to produce physical and biological changes in a medium [0059], [0064], [0073] – [0078], [0085].
Dolan teaches a bulb made of quartz and microwave excitation of a gas medium (i.e., fill may include a gas such as argon or xenon) to emit broad-spectrum light directed toward a target. Dolan further teaches that using sulfur, selenium, and phosphorous in elemental form as well as compounds, for example, CS2, InS, AS2 S3, SeO2, and SeCl4, as well as other compounds of sulfur and selenium, may be used (Col. 3, Lines 10 – Col. 6, Line 16) (Figure 3).
Notice how both references use similar energy type (MW/RF), and in some embodiments, similar class of agents and compounds.
It would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Bourke to include the teachings such as that taught by Dolan in order to provide efficient, contact-free initiation of optical emissions from gases and dielectric materials (See Dolan Col. 3, Lines 10 - 40) and to enable controllable conversion of electrical power into broad-spectrum UV/VIS/IR radiation from already built RF/MW initiations that generate the emitted light that interacts with biological media as needed.
The substitution would have been a predictable use of known materials and energy sources to achieve the same RF/MW → light emission → biological change pathway Bourke describes.
With regards to claim 3, Bourke modified teaches that the agent receptive to microwave radiation or radiofrequency radiation is at least one upconverter [0111] –[0119].
With regards to claim 4, Bourke modified teaches at least one upconverter is provided proximate the medium; at least one upconverter is provided outside the medium; at least one upconverter is provided within the medium, or plural upconverters are provided within the medium at a density where the emitted light irradiates a part of the medium [0057] [0110] – [0123].
With regards to claim 5, Bourke modified teaches the claimed invention according to claim 3, and also distributed upconverts but does expressly state that they are segregated into separate regions [0076] [0087] [0123] [0135]. As such, distribution is implicit; explicit segregation is absent. but fails to expressly disclose placing comprises providing segregated within the medium the plural upconverters.
Dolan teaches a mw-excited lamp having distant zones, i.e., active emission region (quartz envelop 3), conversion region (phosphor layer 5) and the reflective or inactive region (metal film 9) (Col. 4, Line 60 to Col. 5, Line 20) (Figure 1, items 3, 5 9). Notice that controlled deposition of emissive particles around a defined irradiation area.
It would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Bourke to include the teachings such as that taught by Dolan in order to provide efficient, effective and predictable control over light distribution and intensity as needed.
With regards to claim 6, Bourke modified teaches applying the initiation energy to alter a surface structure of an article in the medium [0074], [0086], [0131] – [0146], [0138] – [0146].
With regards to claim 7, Bourke modified teaches applying comprises photo- grafting a molecular species onto a surface of the article [0111] [0112].
With regards to claim 8, Bourke modified teaches applying the initiation energy from an energy source comprises applying at least one of microwave radiation or radiofrequency radiation to generate light in the visible or ultraviolet wavelength range for said light for emission into the medium [0064].
With regards to claim 9, Bourke modified teaches providing comprises providing a gas container in said vicinity of the medium, said gas container having transparent walls and comprising an ionizable gas which upon receipt of the microwave radiation or radiofrequency radiation energy emits light in the visible or ultraviolet wavelength range [0086], [0118], [0130] – [0134].
With regards to claim 10, Bourke modified teaches providing a gas container comprises providing a gas container filled with at least one member selected from the group consisting of hydrogen, argon, nitrogen, xenon, ammonia, iodine vapor; mercury vapor; an organic gas, hydrogen-nitrogen mixtures, and mixtures thereof [0133] – [0135].
With regards to claim 11, Bourke modified teaches providing a gas container comprises providing a gas container filled with at least partially with ammonia [0110] – [0115], [0133].
With regards to claim 12, Bourke modified teaches providing a gas container comprises providing a gas container including at least one of a carbon structure, a carbon nanotube, a single wall carbon nanotube, a double wall carbon nanotube, graphene, and metal materials made of aluminum or copper [0120]-[0123], [0136].
With regards to claim 13, Bourke modified teaches providing a gas container comprises providing a gas container having a containment wall comprising at least one of a silicate glass, an alkali glass, a sodium glass, and a phosphate glass [0115] [0137].
With regards to claim 14, Bourke modified teaches wherein providing a gas container comprises providing a gas container comprising at least one of a silica gel, a precipitate silicate, a chemosphere, a conductosphere, or a hollow sphere [0131]-[0135], [0138].
With regards to claim 15, Bourke modified teaches the medium is a subject, further comprising: administering to the subject at least one activatable pharmaceutical agent that is capable of causing a predetermined cellular change when activated, and interacting emitted light from the agent with the at least one activatable pharmaceutical agent to activate the activatable pharmaceutical agent in situ, thus causing the predetermined cellular change to occur in the medium of the subject (Abstract) [0089]-[0091]
With regards to claim 16, Bourke modified teaches said predetermined cellular change treats a cell proliferation related disorder [0003] [0105].
With regards to claim 17, Bourke modified teaches the cell proliferation related disorder is at least one member selected from the group consisting of cancer, bacterial infection, viral infection, immune rejection response, autoimmune disorders, aplastic conditions, and combinations thereof [0053].
With regards to claim 18, Bourke modified teaches the at least one activatable pharmaceutical agent is a photoactivatable agent [0052].
With regards to claim 19, Bourke modified teaches the at least one activatable pharmaceutical agent is selected from psoralens, pyrene cholesteryloleate, acridine, porphyrins, fluorescein, rhodamine, 16-diazorcortisone, ethidium, transition metal complexes of bleomycin, transition metal complexes of deglycobleomycin organoplatinum complexes, alloxazines, vitamin Ks, vitamin L, vitamin metabolites, vitamin precursors, naphthoquinones, naphthalenes, naphthols and derivatives thereof having planar molecular conformations, porphorinoporphyrins, dyes and phenothiazine derivatives, coumarins, quinolones, quinones, and anthraquinones [0052] [0066].
With regards to claim 20, Bourke modified teaches the at least one activatable pharmaceutical agent is a psoralen, a coumarin, a porphyrin or a derivative thereof.
With regards to claim 21, Bourke modified teaches the at least one activatable pharmaceutical agent is a psoralen selected from 8-MOP or AMT [0052] [0066].
With regards to claim 22, Bourke modified teaches the at least one activatable pharmaceutical agent is one selected from 7,8-dimethyl-10-ribityl, isoalloxazine, 7,8,10- trimethylisoalloxazine, 7,8-dimethylalloxazine, isoalloxazine-adenine dinucleotide, alloxazine mononucleotide, aluminum (III) phthalocyanine tetrasulfonate, hematoporphyrin, and phthalocyanine [0066].
With regards to claim 23, Bourke modified teaches the at least one activatable pharmaceutical agent is coupled to a carrier that is capable of binding to a receptor site [0071] [0086] [0093].
With regards to claim 24, Bourke modified teaches the carrier is one selected from insulin, interleukin, thymopoietin or transferrin [0093].
With regards to claim 25, Bourke modified teaches the at least one activatable pharmaceutical agent is coupled to the carrier by a covalent bond [0093].
With regards to claim 26, Bourke modified teaches the at least one activatable pharmaceutical agent is coupled to the carrier by non-covalent bond [0105].
With regards to claim 27, Bourke modified teaches the receptor site is one selected from nucleic acids of nucleated cells, antigenic sites on nucleated cells, or epitopes [0094].
With regards to claim 28, Bourke modified teaches the at least one activatable pharmaceutical agent has affinity for a target cell [0093].
With regards to claim 29, Bourke modified teaches the at least one activatable pharmaceutical agent is capable of being preferentially absorbed by a target cell [0181].
With regards to claim 30, Bourke modified disclose a predetermined cellular change is apoptosis in a target cell [0083] [0096] [0098] [0101].
With regards to claim 31, Bourke modified teaches at least one activatable pharmaceutical agent causes an auto-vaccine effect in the subject that reacts with a target cell [0045] [0068] [0082] [0088].
With regards to claim 32, Bourke modified teaches the auto-vaccine effect is generated in a joint or lymph node [0087]- [0089].
With regards to claim 33, Bourke modified teaches the at least one activatable pharmaceutical agent is a DNA intercalator or a halogenated derivative thereof (Claim 18).
With regards to claim 34, Bourke modified teaches applying said light from the at least one upconverter to a target structure in a subject in need of treatment, wherein the light contacts the target structure and induces a predetermined change in said target structure in situ in the medium of the subject, wherein said predetermined change modifies the target structure and modulates a biological activity of the target structure [0077]-[0081], [0087],[0097],[0098], [0148].
With regards to claim 35, Bourke modified teaches administering to said medium at least one energy modulation agent which adsorbs, intensifies or modifies said light into an energy that effects a predetermined change in a target structure in said medium [0097], [0098] [0110]- [0015], [0138].
With regards to claim 36, Bourke modified teaches said at least one energy modulation agent is specifically located around, on, or in said target structure [0084] [0098] [0185].
With regards to claim 37, Bourke modified teaches said at least one energy modulation agent transforms the initiation energy into a photonic or another electromagnetic energy that effects the predetermined change in said target structure [0060], [0079], [0096], [0111] – [0120].
With regards to claim 38, Bourke modified teaches said at least one energy modulation agent decreases a wavelength of the initiation energy [0085] [0101] [0109]- [0111].
With regards to claim 39, Bourke modified teaches said at least one energy modulation agent increases a wavelength of the initiation energy [0085] [0101] [0109]- [0111].
With regards to claim 40, Bourke modified teaches said at least one energy modulation agent comprises one or more members selected from a biocompatible fluorescing metal nanoparticle, fluorescing metal oxide nanoparticle, fluorescing metal coated metal oxide nanoparticle, fluorescing dye molecule, gold nanoparticle, silver nanoparticle, gold-coated silver nanoparticle, a water soluble quantum dot encapsulated by polyamidoamine dendrimers, a luciferase, a biocompatible phosphorescent molecule, a combined electromagnetic energy harvester molecule, and a lanthanide chelate exhibiting intense luminescence [0072], [0183].
With regards to claim 41, Bourke modified teaches said predetermined change results in destruction, lysis or inactivation of the target structure [0123] – [0125].
With regards to claim 42, Bourke modified teaches said predetermined change does not result in destruction or inactivation of the target structure [0020], [0059], [0064], [0128], [0148].
With regards to claim 43, Bourke modified teaches said predetermined change enhances an activity of the target structure [0020], [0059], [0064], [0128], [0148].
With regards to claim 44, Bourke modified teaches the activity enhanced is energy emission from the target structure, which then mediates, initiates or enhances a biological activity of other target structures in the medium, or of a second target structure [0052], [0059], [0087]- [0089].
With regards to claim 45, Bourke modified teaches the target structure comprises at least one of a eukaryotic cell, a prokaryotic cell, a subcellular structure, an extracellular structure, a virus or prion, or a cellular tissue [0059] [0087], [0096], [0148].
With regards to claim 46, Bourke modified teaches the target structure is a subcellular structure selected from a cell membrane, a nuclear membrane, cell nucleus, nucleic acid, mitochondria, ribosome, or other cellular organelle or component [0052], [0062],
With regards to claim 47, Bourke modified teaches the predetermined change results in treatment of a condition, disorder or disease in said medium, wherein said medium is a subject in need of treatment for said condition, disorder or disease. [0059] [0087] [0148].
With regards to claim 48, Bourke modified teaches said condition, disorder or disease comprises at least one of a cancer, a disease occurring in a soft tissue and/or cartilage, a disease occurring in bone tissue, a chronic pain, an autoimmune disease, a prion, viral, bacterial, fungal, or parasitic infection, a disease characterized by varicose veins, a disease characterized by an enlarged prostate, a disease characterized by retinal injuries and other ocular diseases, a disease characterized by a behavioral, perceptional and/or cognitive disorder, or Parkinson's disease [0058] [0148].
With regards to claim 49, Bourke modified teaches said predetermined change comprises a wound healing, an enhancement of tissue growth, nerve regeneration or sensory regeneration/restoration, reduction or removal of fat deposits (liposuction), nerve (brain) imaging and stimulation or direct control of brain cell activity with light, modulation of cell death (apoptosis), modulating cell growth and division, modulation of an activity, quantity, or number of intracellular components in a cell, or modulation of an activity, quantity, or number of extracellular components produced by, excreted by, or associated with a cell [0059][0064][0087][0148].
With regards to claim 50, Bourke modified teaches generating heat in the target structure from said light from the at least one energy modulation agent and enhancing an induction of the predetermined change [0074], [0086].
With regards to claim 51, Bourke modified teaches said predetermined change modifies the target structure and modulates a biological activity of the target structure thus treating a condition, disorder or disease affecting the target structure [0057], [0082], [0148].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Pub. No. 2009/0263485 A1 discloses nanostructures comprising hollow nanospheres and nanotubes for use as chemical sensors and molecular specific photothermal coupling agents. The nanostructures can be used in laser-induced phototherapy for treatment of cancer and other disorders. The nanostructures are illuminated with near IR laser light which passes harmlessly through the tissue, but is absorbed strongly by the aggregates, causing them to heat drastically, killing only the cancerous cells.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DJURA MALEVIC whose telephone number is (571)272-5975. The examiner can normally be reached M-F (9-5).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dave Porta can be reached at (571) 272-2444. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DJURA MALEVIC/Examiner, Art Unit 2884
/DAVID J MAKIYA/Supervisory Patent Examiner, Art Unit 2884