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 .
Summary
This action is responsive to the Request for Continued Examination filed 02/12/2026. The amendment has been entered. Applicant has submitted Claims 1-20 for examination.
Examiner finds the following: 1) Claims 1-20 are rejected; 2) no claims objected to; and 3) no claims allowable.
Request for Continued Examination
Receipt is acknowledged of a Request for Continued Examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e) and a submission, filed on 02/12/2026.
Response to Arguments and Remarks
Examiner respectfully acknowledges Applicant's arguments, remarks, and amendments.
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or non-obviousness.
Claims 1-19 are rejected under 35 U.S.C. 103 as being unpatentable over Cao (US 20110296903 A1).
Regarding Claim 1, Cao discloses:
A sensor system comprising:
a sensor arrangement having a thermal radiation emitter (Cao, FIGS. 16-18, fluorescent label), an optical filter structure (Cao, FIGS. 16-18, [0164], band-pass filter), a waveguide structure (Cao, [0092], “the substrate or thin film may act as a waveguide or illumination source, so as to enhance observation of a target disposed within the device”) and a thermal radiation detector (Cao FIGS. 16-18, detector) on a first main surface region of a sensor substrate (Cao, FIG. 18, [0038], “confined channels having a SiN.sub.X thin film disposed at the bottom of the channel”),
a cover substrate (Cao, FIG. 16, Top Coating) independent and distinct from the sensor substrate (Cao, FIG. 16, Bottom Coating), wherein a recess (Cao, FIGS. 16-18, Confined Cavity) is arranged in a first main surface region of the cover substrate and a through-opening is arranged between the recess in the first main surface region and a second main surface region of the cover substrate (Cao, FIGS. 16-18, Confined Cavity), wherein the first main surface region of the cover substrate is bonded to the first main surface region of the sensor substrate (Cao, FIGS. 16-18, see touching layers), and wherein the sensor arrangement is arranged in the recess between the sensor substrate and the cover substrate (Cao, FIGS. 16-18, Confined Cavity), …
… wherein the sensor system is an integrated sensor system (Cao, Abstract, “Provided are integrated analysis devices”).
Cao discloses the above, but does not explicitly disclose:
… a reference sensor arrangement having a reference thermal radiation emitter, a reference optical filter structure, a reference waveguide structure and a reference thermal radiation detector on a first main surface region of a reference sensor substrate independent and distinct from the sensor substrate, and
a reference cover substrate independent and distinct from the reference sensor substrate and the cover substrate, wherein a reference recess is arranged in a first main surface region of the reference cover substrate, wherein the first main surface region of the reference cover substrate is bonded to the first main surface region of the reference sensor substrate, and wherein the reference recess in the first main surface region of the reference cover substrate forms a hermetically closed cavity for the reference sensor arrangement, and …
However, based on Examiner’s understanding of the claimed invention, this reference sensor is designed and intended to act in parallel or as duplicate path to the main path of the sensor substrate, and as such would be a mere duplication of parts.
Pursuant to MPEP § 2144.04(VI)(B): Duplication of Parts:
In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.).
Examiner understands this separate reference sensor as being a mere duplication of parts. It is a separate system that operates on the same principles and designs of the sensor substrate and would operate in an expected manner. Thus, it would have been obvious to PHOSITA before the effective filing date of the claimed invention to modify Cao with reference sensor path for analysis and comparison. PHOSITA would have known about the uses of sensors as disclosed by Cao and how to add additional paths to modify Cao. PHOSITA would have been motivated to do this as Duplication of Parts.
Regarding Claim 2, Cao discloses Claim 1, and Cao further discloses:
… wherein elements of the sensor arrangement and reference elements of the reference sensor arrangement have the same structural setup (See Duplication of Parts, above).
Regarding Claim 3, Cao discloses Claim 1, and Cao further discloses:
… a bottom substrate, wherein a first main surface region of the bottom substrate is bonded to the second main surface region of the sensor substrate (Cao, FIGS. 16-18, Base Substrate), and
a reference bottom substrate, wherein a first main surface region of the reference bottom substrate is bonded to the second main surface region of the reference sensor substrate (Cao, FIGS. 16-18, Base Substrate. See Duplication of Parts, above).
Regarding Claim 4, Cao discloses Claim 1, and Cao further discloses:
… wherein a bottom substrate (Cao, FIGS. 16-18, Base Substrate) and a reference bottom substrate (Cao, FIGS. 16-18, Base Substrate. See Duplication of Parts, above) …
Cao discloses the above but does not explicitly disclose:
… form a common bottom substrate.
However, Cao does disclose FIG. 11, showing:
FIG. 11 depicts multiple, long nanochannels arranged in a continuously connected serial set of parallel nanochannels;
Examiner understands that PHOSITA would designate one of the channels as the sensor path and another as the reference path (See Duplication of Parts, above). As such, both of these paths would have a common bottom substrate.
Regarding Claim 5, Cao discloses Claim 1, and Cao further discloses:
… wherein a bottom substrate and a reference bottom substrate form separate bottom substrates (See Duplication of Parts, above).
Regarding Claim 6, Cao discloses Claim 1, and Cao further discloses:
… a bottom substrate (Cao, FIGS. 16-18, Base Substrate), …
Cao discloses the above but does not explicitly disclose:
… wherein the second main surface region of the reference cover substrate is bonded to the second main surface region of the sensor substrate, and wherein the first main surface region of the bottom substrate is bonded to the second main surface region of the reference sensor substrate.
However, Cao does disclose FIG. 11, showing:
FIG. 11 depicts multiple, long nanochannels arranged in a continuously connected serial set of parallel nanochannels;
Examiner understands that PHOSITA would designate one of the channels as the sensor path and another as the reference path (See Duplication of Parts, above). As such, both of these paths would have a respective main surface region that is connected.
Regarding Claim 7, Cao discloses Claim 1, and Cao further discloses:
… a spacer substrate (Cao, FIGS. 16-18, Base Substrate. Examiner notes that the specification throughout, but for example at [0043], refers to the common bottom substrate as spacer substrate 155), …
Cao discloses the above but does not explicitly disclose:
… wherein the first main surface region of the spacer substrate is bonded to the second main surface region of the sensor substrate, and
wherein the second main surface region of the spacer substrate is bonded to the second main surface region of the reference sensor substrate.
However, Cao does disclose FIG. 11, showing:
FIG. 11 depicts multiple, long nanochannels arranged in a continuously connected serial set of parallel nanochannels;
Examiner understands that PHOSITA would designate one of the channels as the sensor path and another as the reference path (See Duplication of Parts, above). As such, both of these paths would have a respective main surface region that is connected.
Regarding Claim 8, Cao discloses:
A method for manufacturing a sensor system, the method comprising:
providing a sensor arrangement having a thermal radiation emitter (Cao, FIGS. 16-18, fluorescent label), an optical filter structure (Cao, FIGS. 16-18, [0164], band-pass filter), a waveguide structure (Cao, [0092], “the substrate or thin film may act as a waveguide or illumination source, so as to enhance observation of a target disposed within the device”) and a thermal radiation detector (Cao FIGS. 16-18, detector) on a first main surface region of a sensor substrate (Cao, FIG. 18, [0038], “confined channels having a SiN.sub.X thin film disposed at the bottom of the channel”);
bonding a first main surface region of a cover substrate (Cao, FIG. 16, Top Coating) to the first main surface region of the sensor substrate (Cao, FIG. 16, Bottom Coating) so that the sensor arrangement is arranged in a recess (Cao, FIGS. 16-18, Confined Cavity) of the first main surface region between the sensor substrate and the cover substrate (Cao, FIG. 16, Confined Cavity), wherein the cover substrate comprises a through-opening between the recess in the first main surface region and a second main surface region of the cover substrate (Cao, FIGS. 16-18, Confined Cavity); …
… wherein the sensor system is an integrated sensor system (Cao, Abstract, “Provided are integrated analysis devices”).
Cao discloses the above, but does not explicitly disclose:
… providing a reference sensor arrangement having a reference thermal radiation emitter, a reference optical filter structure, a reference waveguide structure and a reference thermal radiation detector on a first main surface region of a reference sensor substrate; and
bonding a first main surface region of a reference cover substrate to the first main surface region of the reference sensor substrate, wherein the reference cover substrate comprises a reference recess in the first main surface region, wherein the reference recess in the first main surface region of the reference cover substrate forms a sealed cavity for the reference sensor arrangement, and …
However, based on Examiner’s understanding of the claimed invention, this reference sensor is designed and intended to act in parallel or as duplicate path to the main path of the sensor substrate, and as such would be a mere duplication of parts.
Pursuant to MPEP § 2144.04(VI)(B): Duplication of Parts:
In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.).
Examiner understands this separate reference sensor as being a mere duplication of parts. It is a separate system that operates on the same principles and designs of the sensor substrate and would operate in an expected manner. Thus, it would have been obvious to PHOSITA before the effective filing date of the claimed invention to modify Cao with reference sensor path for analysis and comparison. PHOSITA would have known about the uses of sensors as disclosed by Cao and how to add additional paths to modify Cao. PHOSITA would have been motivated to do this as Duplication of Parts.
Regarding Claim 9, Cao discloses Claim 8, and Cao further discloses:
… wherein providing the sensor arrangement, bonding the first main surface region of the cover substrate to the first main surface region of the sensor substrate, providing the reference sensor arrangement, and bonding the first main surface region of the reference cover substrate to the first main surface region of the reference sensor substrate are conducted on wafer level (Cao, [0226], “In one example embodiment, the substrates are wafers of glass, silicon, and or quartz, and after bonding, the chips are obtained by dicing the bonded wafers”).
Regarding Claim 10, Cao discloses Claim 8, and Cao further discloses:
… providing a bottom substrate and bonding a first main surface region of the bottom substrate to the second main surface region of the sensor substrate (Cao, FIGS. 16-18, Base Substrate), and
providing a reference bottom substrate and bonding a first main surface region of the reference bottom substrate to the second main surface region of the reference sensor substrate (Cao, FIGS. 16-18, Base Substrate. See Duplication of Parts, above).
Regarding Claim 11, Cao discloses Claim 10, and Cao further discloses:
… wherein the bottom substrate (Cao, FIGS. 16-18, Base Substrate) and the reference bottom substrate (Cao, FIGS. 16-18, Base Substrate. See Duplication of Parts, above) …
Cao discloses the above but does not explicitly disclose:
… form a common bottom substrate.
However, Cao does disclose FIG. 11, showing:
FIG. 11 depicts multiple, long nanochannels arranged in a continuously connected serial set of parallel nanochannels;
Examiner understands that PHOSITA would designate one of the channels as the sensor path and another as the reference path (See Duplication of Parts, above). As such, both of these paths would have a common bottom substrate.
Regarding Claim 12, Cao discloses Claim 10, and Cao further discloses:
… wherein the bottom substrate and the reference bottom substrate form separate bottom substrates (See Duplication of Parts, above).
Regarding Claim 13, Cao discloses Claim 8, and Cao further discloses:
… bonding the second main surface region of the reference cover substrate to the second main surface region of the sensor substrate (Cao, FIGS. 16-18, Base Substrate), and …
Cao discloses the above but does not explicitly disclose:
… providing a bottom substrate and bonding a first main surface region of the bottom substrate to the second main surface region of the reference sensor substrate.
However, Cao does disclose FIG. 11, showing:
FIG. 11 depicts multiple, long nanochannels arranged in a continuously connected serial set of parallel nanochannels;
Examiner understands that PHOSITA would designate one of the channels as the sensor path and another as the reference path (See Duplication of Parts, above). As such, both of these paths would have a respective main surface region that is connected.
Regarding Claim 14, Cao discloses Claim 8, and Cao further discloses:
… providing a spacer substrate (Cao, FIGS. 16-18, Base Substrate. Examiner notes that the specification throughout, but for example at [0043], refers to the common bottom substrate as spacer substrate 155) and …
Cao discloses the above but does not explicitly disclose:
… bonding a first main surface region of the spacer substrate to the second main surface region of the sensor substrate, and
bonding the second main surface region of the spacer substrate to the second main surface region of the reference sensor substrate.
However, Cao does disclose FIG. 11, showing:
FIG. 11 depicts multiple, long nanochannels arranged in a continuously connected serial set of parallel nanochannels;
Examiner understands that PHOSITA would designate one of the channels as the sensor path and another as the reference path (See Duplication of Parts, above). As such, both of these paths would have a respective main surface region that is connected.
Regarding Claim 15, Cao discloses Claim 10, and Cao further discloses:
… wherein bonding is conducted on wafer level by wafer bonding (Cao, [0226], “In one example embodiment, the substrates are wafers of glass, silicon, and or quartz, and after bonding, the chips are obtained by dicing the bonded wafers”).
Regarding Claim 16, Cao discloses Claim 10, and Cao further discloses:
… wherein providing the bottom substrate and bonding the bottom substrate to the sensor substrate, and providing the reference bottom substrate and bonding the reference bottom substrate to the reference sensor substrate are conducted on wafer level (Cao, [0226], “In one example embodiment, the substrates are wafers of glass, silicon, and or quartz, and after bonding, the chips are obtained by dicing the bonded wafers”).
Regarding Claim 17, Cao discloses Claim 11, and Cao further discloses:
… wherein providing the bottom substrate and bonding the bottom substrate to the sensor substrate, and providing the reference bottom substrate and bonding the reference bottom substrate to the reference sensor substrate are conducted on wafer level (Cao, [0226], “In one example embodiment, the substrates are wafers of glass, silicon, and or quartz, and after bonding, the chips are obtained by dicing the bonded wafers”).
Regarding Claim 18, Cao discloses Claim 1, and Cao further discloses:
… wherein the waveguide structure of the sensor arrangement comprises a first waveguide portion and a second waveguide portion optically arranged between the thermal radiation emitter and the thermal radiation detector, and wherein the thermal radiation emitter couples into the two waveguide portions, which are separate from each other and lead to the thermal radiation detector (Cao, FIG. 11 depicts multiple, long nanochannels arranged in a continuously connected serial set of parallel nanochannels.” Examiner notes that there are multiple, parallel portions).
Regarding Claim 19, Cao discloses Claim 18, and Cao further discloses:
… wherein the two waveguide portions have, parallel to the first main surface region of the sensor substrate, an L-shape or an arc shape (Cao, FIG. 11 depicts multiple, long nanochannels arranged in a continuously connected serial set of parallel nanochannels.” Examiner notes that these are shown in an arc shape).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Cao (US 20110296903 A1) in view of Berini (WO 2018141070 A1).
Regarding Claim 20, Cao discloses Claim 1, but does not explicitly disclose:
… wherein the waveguide structure comprises a slab waveguide, a strip waveguide, a slot waveguide, a slot-array waveguide, or a multi-slot waveguide.
However, Berini, in a similar field of endeavor (Biosensor For Detecting One Or More Analytes In A Biological Sample, Includes Waveguide And Counter-electrode Which Are Configured To Complete Electrical Circuit When Fluidic Channel Is Filled With Fluid), discloses:
… wherein the waveguide structure comprises a slab waveguide, a strip waveguide, a slot waveguide, a slot-array waveguide, or a multi-slot waveguide (Berini, [0019], “According to an aspect, the biosensor comprises a grating coupling means for optical 1/0, an electrical access to the waveguide strip, an extra metal strip integrated into the same fluidic channel enabling electrochemistry, and a multilayer lower cladding”).
It would have been obvious to PHOSITA before the effective filing date of the claimed invention to modify Cao with the waveguide strip of Berini. PHOSITA would have known about the uses of waveguide strip as disclosed by Berini and how to use them to modify Cao. PHOSITA would have been motivated to do this as a use of known technique to improve similar devices in the same way (See MPEP § 2143 (I)(C)), specifically the use of a known waveguide for controlling and guiding the light.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAD A REVERMAN whose telephone number is (571)270-0079. The examiner can normally be reached Mon-Fri 9-5 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kara Geisel can be reached at (571) 272-2416. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHAD ANDREW REVERMAN/Examiner, Art Unit 2877
/Kara E. Geisel/Supervisory Patent Examiner, Art Unit 2877
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