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
This is an office action in response to Applicant’s arguments filed on 12 February 2026. Claims 1-20 are currently pending in the application. Claims 1-20 are being examined herein.
Status of Objections and Rejections
The rejection of claims 1, 2, and 7 under USC § 102(a)(1) under Kim, et. al. (KR 20190018095 A) are withdrawn in view of amendments.
The rejection of claims 3-5 under USC § 103 under Kim, et. al. (KR 20190018095 A) in view of Akita, et. al. (WO 2022254848 A1) are withdrawn in view of amendments.
The rejection of claim 6 under USC § 103 under Kim, et. al. (KR 20190018095 A) in view of Keller, et. al. (US 5948255 A) are withdrawn in view of amendments.
The rejection of claims 8, 12-13, and 15-17 under USC § 103 under Kim, et. al. (KR 20190018095 A) in view of Tabard-Cossa, et. al. (US 20200191767 A1) are withdrawn in view of amendments.
The rejection of claims 9 and 10 under USC § 103 under Kim, et. al. (KR 20190018095 A) and Tabard-Cossa, et. al. (US 20200191767 A1) in view of Akita, et. al. (WO 2022254848 A1) are withdrawn in view of amendments.
The rejection of claim 11 under USC § 103 under Kim, et. al. (KR 20190018095 A) and Tabard-Cossa, et. al. (US 20200191767 A1) in view of Reznicek, et. al. (US 20190207011 A1) are withdrawn in view of amendments.
The rejection of claim 14 under USC § 103 under Kim, et. al. (KR 20190018095 A) and Tabard-Cossa, et. al. (US 20200191767 A1) in view of Apte (US 20140178921 A1) are withdrawn in view of amendments.
The rejection of claims 18-20 under USC § 103 under Kim, et. al. (KR 20190018095 A) in view of Keller, et. al. (US 5948255 A) are maintained.
Response to Arguments
Applicant’s arguments, see Remarks, pages 11-15, filed 12 February 2026, with respect to the rejection(s) of claim 1 under 102(a)(1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of modified Kim, et. al. (KR 20190018095 A).
In regard to the rejection of claim 1 under USC 102(a)(1): Applicant argues claim 1 is no longer anticipated by Kim in light of amendments (Remarks, pg. 11, par. 07 - pg. 12, par. 02), to which Examiner partially agrees. Kim explicitly teaches a rectangular-shaped nanochannel Fig. 3, 6, 7] [see new English machine translation, final line of page 2 wherein the nanochannel C is specifically described as rectangular].
Kim additionally the alternating layers and selective removal of parts of layers by etching (par. 0037, 0039-0040) but does explicitly anticipate the nitride layer to be the specific material is etched away.
Examiner has provided a new rejection in view of Kim that suggests the selective removal of the nitride layer (see in detail below).
No further argument was provided for the rejections of dependents claims 2-7 aside from their dependence on claim 1 and that the other recited prior art does not cure the deficiencies of Kim (Remarks, pg. 12, par. 02-06).
Applicant’s arguments, see Remarks, pages 11-15, filed 12 February 2026, with respect to the rejection(s) of claim(s) 8 and 15 under USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of modified Kim, et. al. (KR 20190018095 A) in view of Tabard-Cossa, et. al. (US 20200191767 A1).
In regard to the rejection of claim 8 under 103: Applicant argues Kim either alone or in view of Tabard does not teach, suggest, or fairly disclose all limitation of claim 8 (Remarks, pg. 13, par. 02), to which Examiner agrees. Kim explicitly teaches a rectangular-shaped nanochannel [Fig. 3, 6, 7] [see new English machine translation, final line of page 2 wherein the nanochannel C is specifically described as rectangular].
Kim additionally the alternating layers and selective removal of parts of layers by etching (par. 0037, 0039-0040) but does not explicitly anticipate the nitride layer to be the specific material is etched away.
Examiner has provided a new rejection in view of Kim that suggests the selective removal of the nitride layer (see in detail below).
No further argument was provided for the rejections of dependent claims 9-14 aside from their dependence on claim 8 and that the other recited prior art does not cure the deficiencies of Kim in view of Tabard (Remarks, pg. 12, par. 08; pg. 13, par. 02; pg. 14, par. 01-16).
Applicant's arguments filed 12 February 2026 have been fully considered but they are not persuasive.
In regard to the rejection of claim 18 under 103: Applicant argues Kim either alone or in view of Keller does not teach, suggest, or fairly disclose all limitation of claim 8 (Remarks, pg. 15, par. 02), to which Examiner respectfully disagrees.
Examiner notes Applicant does not recite any specific feature from the claims that is missing. In other words, Applicant did not point out exactly what feature from the newly amended claim 18 is missing in view of Kim in view of Keller. Examiner can only assume the missing features are related to the newly amended subject matter.
The only newly recited subject matter of claim 18 is the rectangular shape of the openings formed in the nitride layer. Kim explicitly teaches a rectangular-shaped nanochannel [Fig. 3, 6, 7]. A secondary English machine translation has been provided wherein the openings are explicitly described as rectangular [final line of page 2 of second English machine translation].
No further argument was provided for the rejections of dependent claims 19 aside from their dependence on claim 8 and that the other recited prior art does not cure the deficiencies of Kim in view of Keller (Remarks, pg. 15, par. 02).
Examiner notes no argument was specifically made for claim 20, only dependent claim 19 (Remarks, pg. 15, par. 02).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-2 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Kim, et. al. (KR 20190018095 A; citations made with respect previously provided English machine translation and previously provided original document).
Regarding claim 1, Kim teaches a nanofilter and method of manufacturing the nanofilter for biological use [0001-0002]. Kim teaches a nanofilter comprising a base substrate 180 (a substrate) and a unit 150 adhered to the top of the substrate 180 [Fig. 3] [0037] (a substrate including a wafer). The unit 150 comprises a first material layer 110 that forms walls for nanochannel C [Fig. 3] [0038-0039] and a plurality of units 150 can be stack together to form a nanofilter [Fig. 7] [0057-0058 (a nanofilter formed on the substrate). Kim teaches unit 150 is made through an alternating series of a first material layer 110 and a second material layer 120 [Fig. 2] [0037, 0027]. Kim teaches the first 110 and second 120 material layers can be made of oxides and nitrides [0043-0045] and will be different based on etching selectivity [0033, 0040] (wherein the nanofilter comprises a nanoscale grating formed from a stack of alternating oxide layers and nitride layers) [0027-0028]. Kim teaches the second material layer 120 is selectively etched using a wet etching method to form the channels of the nanofilter [0039-0040] (the nanoscale grating having openings defined by selective removal of the… layers) creating channel opening rectangular in shape [Fig. 3, 6, 7] (the openings being rectangular-shaped). Kim teaches the nanochannels C making up the nanofilter have a size determined by the size (width and height) of the deposited and removed second material 120 [Fig. 3; 0029, 0048, 0056] (the nanofilter is adapted to allow nanoparticles of a predetermined size to pass through the nanofilter).
Kim is silent to the selectively removed layer specifically being the nitride layer.
Kim teaches type of material used in the first 110 and second 120 materials layers can be made of oxides and nitrides [0043-0045] and need to be different based on etching selectivity [0033, 0040]. The only limitation of the type of material used is how it will be etched away in later steps.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to selectively remove the nitride layers as suggested by Kim because there is a limited combination of the type of material the layers can be when each layer cannot be the same material as taught by Kim [par. 0042-0045] with a reasonable expectation of success. MPEP 2143(I)(E).
Regarding claim 2, Kim teaches the nanofilter can comprise a plurality of horizontally and vertically stacked nanochannels C [Fig. 7] [0058] (wherein the nanofilter includes a plurality of channels through which a sample to be filtered can flow).
Regarding claim 7, Kim teaches the dimensions of the nanochannels C are highly controlled based on the thickness of the deposited second material and etching process with widths of 5 nm [0018-0019] and therefore the type, size, and etching process as determined by the selected first 110 and second 120 material layers determine channel size [0055] (wherein the nanofilter is customizable based on a desired application in order to filter the nanoparticles having a particle size lower than 100 nanometers (nm)).
Claims 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Kim, et. al. (KR 20190018095 A) in view of Akita, et. al. (WO 2022254848 A1).
Regarding claim 3, Kim teaches the limitation as applied to claim 2 (see above).
Kim is silent to wherein the plurality of channels each include a plurality of grates adapted to filter the sample.
Akita teaches a flow channel with structures within the channel for filtering out an unwanted substance [Abstract]. Akita teaches on embodiment wherein a channel structure 40 comprises a first flow channel 2 that leads to a shallow portion 3 with a plurality of parallel, elongated protrusions 7 [Fig. 6-7] [0041-0042] (wherein the plurality of channels each include a plurality of grates adapted to filter the sample). Akita teaches the use of embedded structures (as opposed to traditional filters that need to be installed) within the flow channels act as a filter to remove particles in a way that prevents contamination from installing a traditional filter [0003].
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify the channels of Kim to further include the microstructures of Akita because doing so would provide additional filtering capabilities to channels without the need to install a secondary filter [Akita, par. 0003] with reasonable expectation of success. MPEP 2143(I)(G).
Regarding claim 4, Kim teaches the structures that make up the filtering device (nanofilter) are configured to be on a nano-sized scale for [0009] ( nanoscale).
Kim is silent to wherein the nanofilter can include nanoscale grating for filtering out nanoparticles larger than openings through the nanoscale grating.
Akita teaches a flow channel with structures within the channel for filtering out an unwanted substance [Abstract]. Akita teaches on embodiment wherein a channel structure 40 comprises a first flow channel 2 that leads to a shallow portion 3 with a plurality of parallel, elongated protrusions 7 [Fig. 6-7] [0041-0042] (wherein the nanofilter can include the nanoscale grating for filtering out nanoparticles larger than the openings through the nanoscale grating). Akita teaches the use of embedded structures (as opposed to traditional filters that need to be installed) within the flow channels act as a filter to remove particles in a way that prevents contamination from installing a traditional filter [0003].
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify the channels of Kim to further include the microstructures (in a modified nano-sized scale to accommodate the sizing of Kim's device) of Akita because doing so would provide additional filtering capabilities to channels without the need to install a secondary filter [Akita, par. 0003] with reasonable expectation of success. MPEP 2143(I)(G).
Regarding claim 5, modified Kim teaches the shaping and sizes of the nanostructures of the filtering device is accomplished through high-precision thin film deposition technology [0018, 0029] (wherein a size of the openings in the nanoscale grating is determined through conformal film deposition).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kim, et. al. (KR 20190018095 A; citations made with respect to attached English machine translation) in view of Keller, et. al. (US 5948255 A).
Regarding claim 6, Kim teaches the first 110 and second 120 material can be oxides, nitrides, metals, nonmetals, and combinations thereof [0044].
Kim is silent to wherein the nanofilter is coated with a biocompatible material.
Keller teaches a thin film filter for filtering biological molecules on an angstrom level controlled by film thickness [Abstract; col. 1, lines 10-13]. Keller teaches a filter comprising think film structures built on one another to create pores of a desired width that form the filter [col. 2, lines 15-42]. Keller teaches the surface of the filter can be further modified to give specific/desired chemical properties [col. 11, lines 25-37]. Keller teaches one type of chemical coating comprises silicon with a reactive end, specifically ones that will react with biologically active molecules like proteins [col. 11, lines 38-65] (wherein the nanofilter is coated with a biocompatible material). Keller teaches the coating on the filter provide an additional separation technique based on chemical and not physical (size) properties [col. 11, lines 25-37].
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify the filter channels of Kim to further comprise a coating like the chemical coating of Keller because doing so would provide additional separation abilities beyond size [Keller, col. 11, lines 25-37] with reasonable expectation of success. MPEP 2143(I)(G).
Claims 8, 12-13, and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Kim, et. al. (KR 20190018095 A) in view of Tabard-Cossa, et. al. (US 20200191767 A1; hereinafter Tabard).
Regarding claim 8, Kim teaches a nanofilter and method of manufacturing the nanofilter for biological use [0001-0002]. Kim teaches a nanofilter comprising a base substrate 180 (a substrate) and a unit 150 adhered to the top of the substrate 180 [Fig. 3] [0037]. The unit 150 comprises a first material layer 110 that forms walls for nanochannel C [Fig. 3] [0038-0039] and a plurality of units 150 can be stack together to form a nanofilter [Fig. 7] [0057-0058 (a nanofilter formed on the substrate). Kim teaches unit 150 is made through an alternating series of a first material layer 110 and a second material layer 120 [Fig. 2] [0037, 0027]. Kim teaches the first 110 and second 120 material layers can be made of oxides and nitrides [0043-0045] and will be different based on etching selectivity [0033, 0040] (wherein the nanofilter comprises a nanoscale grating formed from a stack of alternating oxide layers and nitride layers) [0027-0028]. Kim teaches the second material layer 120 is selectively etched using a wet etching method to form the channels of the nanofilter [0039-0040] (the nanoscale grating having openings defined by selective removal of the… layers) creating channel opening rectangular in shape (Fig. 3, 6, 7] (the openings being rectangular-shaped). Kim teaches the nanochannels C making up the nanofilter have a size determined by the size (width and height) of the deposited and removed second material 120 [Fig. 3; 0029, 0048, 0056] (the nanofilter is adapted to allow nanoparticles of a predetermined size to pass through the nanofilter).
Kim is silent to the selectively removed layer specifically being the nitride layer.
Kim teaches type of material used in the first 110 and second 120 materials layers can be made of oxides and nitrides [0043-0045] and need to be different based on etching selectivity [0033, 0040]. The only limitation of the type of material used is how it will be etched away in later steps.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to selectively remove the nitride layers as suggested by Kim because there is a limited combination of the type of material the layers can be when each layer cannot be the same material as taught by Kim [par. 0042-0045] with a reasonable expectation of success. MPEP 2143(I)(E).
Modified Kim is silent to the nanofilter being a part of a larger system and a collection chamber adapted to collect the nanoparticles of the predetermined size that pass through the nanofilter and including a plurality of devices adapted to detect a presence of the nanoparticles in the collection chamber.
Tabard teaches a device for separating biomolecules (DNA) on a nano-scale via nanopores [Abstract]. Tabard teaches the system comprises two chambers separated by a nanopore structure for the translocation of a target molecule [0010] (a system). Tabard teaches the nanodevice 40 has a structure 41 with at least two chambers 42 connected by a fluidic channel 43 with the nanopores in fluidic channel 43 to influences the translocation of the molecule of interest [Fig. 5A-6] [0049-0050] (a collection chamber adapted to collect the nanoparticles of the predetermined size that pass through the nanofilter). Tabard further teaches a sensing structure 10 that comprises a sensing membrane 14 attached to the filter membrane 12 [Fig. 1, 5A-6] [0040-0042]. Tabard teaches two electrodes 46 (one in each chamber 42) [Fig. 5A-6] [0051]. Together these elements work together to make each pore a sensor for the passage of molecules of interest [0065] (including a plurality of devices adapted to detect a presence of the nanoparticles in the collection chamber). The addition of a chamber or reservoir post-filter and a sensing device allows the molecule of interest to be physically separated and stored from the bulk sample solution and allows for the monitoring of the filtration process.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to combine the nanofilter of modified Kim with the filtration system of Tabard. One would be motivated to make this combination because doing so would create a total system to collect and store the molecule of interest after filtration and monitor the filtration process, wherein this combination would yield a predictable result. MPEP 2143(I)(A).
Regarding claim 12, modified Kim in view of Tabard teaches a sensing structure 10 that works in tandem with two electrodes 46 that measures the potential of molecules crossing the membrane filter [Tabard, 0049-0051] (wherein the plurality of devices are sensors).
Regarding claim 13, modified Kim in view of Tabard teaches a sensing structure 10 that works in tandem with two electrodes 46 that measures the potential of molecules crossing the membrane filter [Tabard, 0049-0052] (wherein the plurality of devices are adapted to detect the nanoparticles by their electric signature).
Regarding claim 15, Kim teaches a nanofilter and method of manufacturing the nanofilter for biological use [0001-0002]. Kim implies the nanofilter has a use as a part of a larger biosensor system [par. 0002]. Kim teaches a nanofilter comprising a base substrate 180 (a substrate) and a unit 150 adhered to the top of the substrate 180 [Fig. 3] [0037]. The unit 150 comprises a first material layer 110 that forms walls for nanochannel C [Fig. 3] [0038-0039] and a plurality of units 150 can be stack together to form a nanofilter [Fig. 7] [0057-0058 (a nanofilter formed on the substrate). Kim teaches unit 150 is made through an alternating series of a first material layer 110 and a second material layer 120 [Fig. 2] [0037, 0027]. Kim teaches the first 110 and second 120 material layers can be made of oxides and nitrides [0043-0045] and will be different based on etching selectivity [0033, 0040] (wherein the nanofilter comprises a nanoscale grating formed from a stack of alternating oxide layers and nitride layers) [0027-0028]. Kim teaches the second material layer 120 is selectively etched using a wet etching method to form the channels of the nanofilter [0039-0040] (the nanoscale grating having openings defined by selective removal of the… layers) creating channel opening rectangular in shape (Fig. 3, 6, 7] (the openings being rectangular-shaped). Kim teaches the nanochannels C making up the nanofilter have a size determined by the size (width and height) of the deposited and removed second material 120 [Fig. 3; 0029, 0048, 0056] (the nanofilter is adapted to allow nanoparticles of a predetermined size to pass through the nanofilter) (filtering the nanoparticles larger than the predetermined size out of the sample by the nanofilter).
Kim is silent to the selectively removed layer specifically being the nitride layer.
Kim teaches type of material used in the first 110 and second 120 materials layers can be made of oxides and nitrides [0043-0045] and need to be different based on etching selectivity [0033, 0040]. The only limitation of the type of material used is how it will be etched away in later steps.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to selectively remove the nitride layers as suggested by Kim because there is a limited combination of the type of material the layers can be when each layer cannot be the same material as taught by Kim [par. 0042-0045] with a reasonable expectation of success. MPEP 2143(I)(E).
Kim is silent to a collection chamber adapted to collect the nanoparticles of the predetermined size that pass through the nanofilter and including a plurality of devices adapted to detect a presence of the nanoparticles in the collection chamber, injecting a sample including the nanoparticles into the nanofilter structure, collecting a filtrate including the nanoparticles of the predetermined size from the nanofilter in the collection chamber; and detecting the presence of the nanoparticles of the predetermined size in the collection chamber.
Tabard teaches a device for separating biomolecules (DNA) on a nano-scale via nanopores [Abstract]. Tabard teaches the system comprises two chambers separated by a nanopore structure for the translocation of a target molecule [0010]. Tabard teaches the nanodevice 40 has a structure 41 with at least two chambers 42 connected by a fluidic channel 43 with the nanopores in fluidic channel 43 to influences the translocation of the molecule of interest [Fig. 5A-6] [0049-0050] (a collection chamber adapted to collect the nanoparticles of the predetermined size that pass through the nanofilter). Tabard further teaches a sensing structure 10 that comprises a sensing membrane 14 attached to the filter membrane 12 [Fig. 1, 5A-6] [0040-0042]. Tabard teaches two electrodes 46 (one in each chamber 42) [Fig. 5A-6] [0051]. Together these elements work together to make each pore a sensor for the passage of molecules of interest [0065] (including a plurality of devices adapted to detect a presence of the nanoparticles in the collection chamber).
Tabard teaches the device operates with a host fluid in both chambers 42 with the sample containing the analyte of interest starting on one side and only able to cross to the other chamber through the membranes [0049-0050] (injecting a sample including the nanoparticles into the nanofilter structure). The membrane filters the analyte of interest as is moves from one chamber to the second chamber and senses as the analyte moves into the second chamber [0051-0053] (collecting a filtrate including the nanoparticles of the predetermined size from the nanofilter in the collection chamber) (detecting the presence of the nanoparticles of the predetermined size in the collection chamber). The addition of a chamber or reservoir post-filter and a sensing device allows the molecule of interest to be physically separated and stored from the bulk sample solution and allows for the monitoring of the filtration process.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to combine the nanofilter of modified Kim with the filtration system of Tabard. One would be motivated to make this combination because doing so would create a total system to collect and store the molecule of interest after filtration and monitor the filtration process, wherein this combination would yield a predictable result. MPEP 2143(I)(A).
Regarding claim 16, modified Kim in view of Tabard teaches a sensing structure 10 that works in tandem with two electrodes 46 that measures the potential of molecules crossing the membrane filter making each pore sensor monitoring the passage of the analytes of interest [Tabard, 0049-0051, 0065] (wherein the detecting is performed by a plurality of sensors).
Regarding claim 17, modified Kim teaches the nanofilter has an application as a biosensor for helping detect biological substances such as cancer cell, antigens, and antibodies [Kim, 0002] (diagnosing a medical condition based on the detecting of the nanoparticles of the predetermined size in the collection chamber).
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Kim, et. al. (KR 20190018095 A) and Tabard-Cossa, et. al. (US 20200191767 A1; hereinafter Tabard) as applied to claim 8 above, and further in view of Akita, et. al. (WO 2022254848 A1).
Regarding claim 9, the system of modified Kim teaches the spacing/width of the channels making up the filter determine the separation/filtration ability [par. 0004].
Modified Kim is silent to wherein the nanofilter can include nanoscale grating for filtering out nanoparticles larger than openings through the nanoscale grating.
Akita teaches a flow channel with structures within the channel for filtering out an unwanted substance [Abstract]. Akita teaches on embodiment wherein a channel structure 40 comprises a first flow channel 2 that leads to a shallow portion 3 with a plurality of parallel, elongated protrusions 7 [Fig. 6-7] [0041-0042] (wherein the nanofilter can include nanoscale grating for filtering out nanoparticles larger than openings through the nanoscale grating). Akita teaches the use of embedded structures (as opposed to traditional filters that need to be installed) within the flow channels act as a filter to remove particles in a way that prevents contamination from installing a traditional filter [0003].
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify the channels of Kim to further include the microstructures (in a modified nano-sized scale to accommodate the sizing of Kim's device) of Akita because doing so would provide additional filtering capabilities to channels without the need to install a secondary filter [Akita, par. 0003] with reasonable expectation of success. MPEP 2143(I)(G).
Regarding claim 10, modified Kim teaches the shaping and sizes of the nanostructures of the filtering device is accomplished through high-precision thin film deposition technology [Kim, 0018, 0029] (wherein a size of the openings in the nanofilter grating is determined through conformal film deposition).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Kim, et. al. (KR 20190018095 A) and Tabard-Cossa, et. al. (US 20200191767 A1; hereinafter Tabard) as applied to claim 8 above, and further in view of Reznicek, et. al. (US 20190207011 A1).
Regarding claim 11, modified Kim in view of Tabard teaches the sensing pores in sensing membrane 14 in combination with electrodes 46 applied to voltage source 49 generate an electric potential across the membrane; as molecules pass the membrane the change in current is detected [0051-0051].
Modified Kim is silent to the devices specifically being transistor-based devices.
Reznicek teaches a bipolar junction transistor (BJT) creating a current for a sensing process between two regions [Abstract]. Reznicek teaches a sensor structure that measures the potential of a flowing solution of a sample [0029]. The device comprises a sample trench 300 with the sensing element 200 forming the sidewall of the sample trench 300; with one extrinsic base region 54a having base contact with the BJT and a second extrinsic base region 54b free to measure the potential of the sample solution. [0030-0031] (wherein the plurality of devices are transistor-based devices).Reznicek teaches the utilizing a transistor based device eliminates the need for a reference electrode which are prone to degrading over time [0031] and allows for measurements of multiple properties [0029].
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify the sensing membrane and electrode of modified Kim in view of Tabard to instead use a transistor based-device of Reznicek because doing so would remove the need for a degradable reference electrode while still allowing for measurement of multiple properties [Reznicek, par. 0029, 0031] with reasonable expectation of success. MPEP 2143(I)(G).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Kim, et. al. (KR 20190018095 A) and Tabard-Cossa, et. al. (US 20200191767 A1; hereinafter Tabard) as applied to claim 8 above, and further in view of Apte (US 20140178921 A1).
Regarding claim 14, Modified Kim teaches the limitation as applied to claim 8 (see above).
Modified Kim is silent to at least one additional nanofilter formed on the substrate; and at least one additional collection chamber adapted to each collect the nanoparticles that pass through each of the at least one additional nanofilter.
Apte teaches an apparatus for separating, isolating, and identifying a target (cell) from a mixture [Abstract]. Apte teaches an apparatus comprises an input channel 600 that leads to branched channels, the branched channels leading to cell chambers 602 [Fig. 6] [000073-0074]. At the cell chamber, the target analyte will pass through flow grating 704 (which can be a filter [0067]) and move to a channel 702 and chamber 708 for testing [Fig. 7] [0077-0079] (at least one additional nanofilter formed on the substrate). Once the targets are separated valve 606 opens for the mixture to flow to the next chamber repeating the process [Fig. 6-8] (at least one additional collection chamber adapted to each collect the nanoparticles that pass through each of the at least one additional nanofilter). Apte teaches the series of filters and chambers allows for multiple targets to be separated from the mixture in a time efficient and more precise way [0004, 0005-0007].
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify the filtration system of modified Kim to include a series of filters and chambers as taught by Apte in order to process (separate, isolate, and analyze) multiple targets from a mixture in a single device to save time [Apte, par. 0004-0007] with reasonable expectation of success. MPEP 2143(I)(G).
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kim, et. al. (KR 20190018095 A) in view of Keller, et. al. (US 5948255 A).
Regarding claim 18, Kim teaches a method for making a nanofilter structure [0001] (a nanofilter structure). Kim teaches a substrate 180 (providing a substrate) being fixed to an alternating series of a first material layer 110 and a second material layer 120 [Fig. 2] [0037, 0027]. Kim teaches the first 110 and second 120 material layers can be made of oxides and nitrides [0043-0045] and will be different based on etching selectivity [0033, 0040] (depositing a stack of alternating oxide layers and nitride layers on the substrate) and the second material layer 120 has a nano-sized thickness because it will form the nanochannel [0027-0028] (a predetermined thickness). Kim teaches the second material layer 120 is selectively etched using a wet etching method to form the channels of the nanofilter [0039-0040] (selectively etching away the… layers from the slices) creating channel opening rectangular in shape (Fig. 3, 6, 7] (to form openings in the nanofilter structure, the openings being rectangular-shaped). Kim teaches layer units 150 are formed cutting the stacked layers at a predetermined thickness [Fig. 2] [0039] (etching the stack to form slices of the stack of the oxide layers and the nitride layers). When turning to Figure 7, Kim teaches the etched material layers can be stacked unit 150 with the substrate separating the material layers making the substate 180 be on both the top and bottom and separate each layer in the unit [Fig. 7] (depositing (a)… layer on top of and surrounding the slices). Kim teaches the substrate is cut with the material layers/formed channels to form uniform units 150 [Fig. 7] [0058] (etching the… layer to form walls between and surrounding the slices).
Kim is silent to the second material layer being a nitride layer wherein the nitride layers have a predetermined thickness and selectively etching away the nitride layers from the slices.
Kim teaches type of material used in the first 110 and second 120 materials layers can be made of oxides and nitrides [0043-0045] and need to be different based on etching selectivity [0033, 0040]. The only limitation of the type of material used is how it will be etched away in later steps. Kim also teaches the second material layer 120 has a nano-sized thickness because it will form the nanochannel [0027-0028].
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to select a nitride material as the second material and selectively remove the nitride layers (wherein the nitride layers have a predetermined thickness) to make channels (selectively etching away the nitride layers from the slices) as suggested by Kim because there is a limited combination of the type of material the layers can be when each layer cannot be the same material as taught by Kim [par. 0042-0045] with a reasonable expectation of success. MPEP 2143(I)(E).
Modified Kim is still silent to depositing an amorphous silicon layer on top of and surrounding the slices and etching the amorphous silicon layer to form walls between and surrounding the slices.
Keller teaches a thin film filter for filtering biological molecules on an angstrom level controlled by film thickness [Abstract; col. 1, lines 10-13]. Keller teaches a filter comprising thin film structures built on one another to create pores of a desired width that form the filter [col. 2, lines 15-42]. These films are initially built on a planar substrate like a silicon wafer [col. 3, line 66-67] creating a filter “formed of a thin film of amorphous silicon” [col. 3; lines 64-65]. Keller teaches amorphous silicon provides a structural layer to support the filter and can be grown and etched/cut or react with another element (like being oxidized) to form a pattern as desired for the filter [col. 6, lines 25-35; col. 7, lines 55-57; col. 10, lines 08-16].
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify the base substrate of modified Kim to be made of a silicon or amorphous silicon material as taught by Keller because amorphous silicon provides an easily customizable structural component for combining [Keller, col. 6, lines 25-35; col. 7, lines 55-57; col. 10, lines 08-16] with a filter with reasonable expectation of success. MPEP 2143(I)(G).
Regarding claim 19, modified Kim teaches the second material layer 120 has a nano-sized thickness because it will form the nanochannel [0027-0028]. Kim teaches the second material layer 120 is selectively etched using a wet etching method to form the channels of the nanofilter [0039-0040] (wherein the etching away of the nitride layers results in openings in the nanofilter structure have a predetermined size that allow a predetermined size of nanoparticle to move through the openings in the nanofilter).
Regarding claim 20, modified Kim teaches modified Kim teaches the nanofilter has an application as a biosensor for helping detect biological substances such as cancer cell, antigens, and antibodies [0002].
Modified Kim is silent to depositing a biocompatible material layer between the substrate and the stack.
Keller teaches a thin film filter for filtering biological molecules on an angstrom level controlled by film thickness [Abstract; col. 1, lines 10-13]. Keller teaches a filter comprising thin film structures built on one another to create pores of a desired width that form the filter [col. 2, lines 15-42]. Keller teaches the surface of the filter can be further modified to give specific/desired chemical properties [col. 11, lines 25-37]. Keller teaches one type of chemical coating comprises silicon with a reactive end, specifically ones that will react with biologically active molecules like proteins [col. 11, lines 38-65] (depositing a biocompatible material layer between the substrate and the stack). Keller teaches the coating on the filter provide an additional separation technique based on chemical and not physical (size) properties [col. 11, lines 25-37].
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify the filter channels of Kim to further comprise a coating like the chemical coating of Keller because doing so would provide additional separation abilities beyond size [Keller, col. 11, lines 25-37] with reasonable expectation of success. MPEP 2143(I)(G).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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/M.T.H./Examiner, Art Unit 1758
/MARIS R KESSEL/Supervisory Patent Examiner, Art Unit 1758
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