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 .
Election/Restrictions
Applicant’s election of Group I in the reply filed on 1/14/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-10 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Patolsky (US 2020/0025684).
Regarding claim 1, Patolsky teaches a method and system for separating biomolecules comprising providing a sensing surface with an anchor species provided thereon, the anchor species comprising a first functional group; disposing a fluid channel over at least a part of the sensing surface such that fluid can be provided to or removed from the sensing surface via the fluid channel; providing an analyte capture species to the fluid channel, wherein each analyte capture species comprises an analyte capture part and a second functional group configured to react with the first functional group; and exposing at least a portion of the sensing surface covered by the fluid channel to photo radiation so as to cause a photo-initiated reaction between the first functional group and the second functional group to thereby couple the analyte capture species to the anchor species on the sensing surface and form a sensing surface with an analyte capture species thereon. (Refer to Figure below and Abstract)
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Regarding claim 2, prior to the step of providing an analyte capture species (described as a capturing moiety in the reference) to the fluid channel, the method further comprises mixing the analyte capture species with a sample comprising an analyte such that the analyte binds to the analyte capture species via the analyte capture part such that the step of providing an analyte capture species to the fluid channel comprises providing the analyte capture species with the analyte bound thereto to the fluid channel. (Refer to paragraph [0240])
Regarding claim 3, the first functional group on the anchor species is selected from a thiol, alkene, alkyne, azide, tetrazole, isonitrile, tetrazine, syndone, azirine, enol, epoxide, isocyanate, hydrazone or oxime group. (Refer to paragraph [0335])
Regarding claim 4, the second functional group on the analyte capture species is selected from a thiol, alkene, alkyne, azide, tetrazole, isonitrile, tetrazine, syndone, azirine, enol, epoxide, isocyanate, hydrazone or oxime group. (Refer to paragraph [0335])
Regarding claim 5, wherein the step of exposing at least a portion of the sensing surface to photo radiation comprises at least one of: positioning a photomask to direct photo radiation to a specific part of the sensing surface; projecting a pattern onto the sensing surface using projection lithography; using a scanning laser; or using an array of addressable LEDs. (Refer to paragraph [0205])
Regarding claim 6, the sensing surface comprises first and second sensing sites; wherein the first sensing site has the anchor species comprising the first functional group disposed thereon; and the second sensing site has a second anchor species comprising a third functional group disposed thereon, wherein the third functional group can be the same as or different to the first functional group. (Refer to Figure above and paragraph [0223-0226])
Regarding claim 7, providing a second analyte capture species to the fluid channel, wherein each second analyte capture species comprises: a second analyte capture part with an affinity for a different analyte; and a fourth functional group configured to react with the third functional group on the second anchor species; and exposing at least a portion of the second sensing site to photo radiation such that the third functional group on the anchor species on said portion of the second sensing surface reacts with the fourth functional group on the second analyte capture species so as to couple the anchor species to the second analyte capture species such that a sensor assembly with more than one sensing surface is formed, each sensing surface with a different analyte capture species thereon. Patolsky teaches different capturing moieties for capturing different analytes. (Refer to paragraph [0226])
Regarding claim 8, the fourth functional group is the same as the second functional group. (Refer to abstract)
Regarding claim 9, the fluid channel comprises at least one wall (bottom and top of the substrate) that is at least partially transparent to photo radiation; and the step of exposing at least a portion of the sensing surface covered by the fluid channel to photo radiation comprises directing photo radiation through the at least partially transparent wall. (Refer to abstract)
Regarding claim 10, the step of providing a sensing surface (substrate) with an anchor species provided thereon comprising providing a sensing surface (substrate) and adhering an and/or species to the sensing surface. (Refer to figure above)
Regarding claim 17, Patolsky teaches a sensor assembly. (Refer to paragraph [0097])
Allowable Subject Matter
Claims 11-16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The closest prior art fails to teach a target capture surface, wherein the target capture surface is provided with an anchor species thereon, the anchor species comprising a fifth functional group; providing a target capture species to the target capture surface, wherein each target capture species comprises a target capture part and a sixth functional group configured to react with the fifth functional group; and exposing at least a portion of the target capture surface to photo radiation so as to cause a photo-initiated reaction between the fifth functional group and the sixth functional group to thereby couple the target capture species to the anchor species on the target capture surface so as to form a target capture surface with a target capture species thereon.
Conclusion
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/JYOTI Mutreja/Primary Examiner, Art Unit 1798