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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2 and 3 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The preambles of each of claims 2 and 3 recites the method for preparing the dual-channel multicolor fluorescent probe of claim 1; however, these claims then recite a detection method. This renders it unclear if claims 2 and 3 are intended to be method claims for preparing a device or methods of detecting using the device of claim 1.
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:
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
1. Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Chinese Patent Application Publication No. CN107603592 to Jia et al. (cited by applicant) in view of Ma et al. (“Research progress of halloysite nanotubes in biomedical science application,”) (cited by applicant), and Qing-zhi et al. (“Research Progress on Detection Mechanism and Application of Carbon Dots-based Ratiometric Fluorescence Sensor”) (cited by applicant).
Jia et al. teaches a method of preparing magnetic fluorescent nano-materials on which both terbium (Tb) and europium (Eu) compounds are covalently grafted to the surface of nanometre particles. The resulting fluorescent nano-material is used for the fluorescence detection of DPA. (Abstract)
Jia et al. does not teach halloysite nanotubes.
Ma et al. teaches that fluorescent probes using halloysite nanotubes (HNTs) as carriers can solve the problems of poor dispersion of fluorescent molecules and the like, and that polyethyleneimine can be grafted on the outer surfaces of HNTs by means of a coupling grafting method, and an Eu complex is covalently coupled to the outer surfaces of the HNTs (see attached English translation of page 3034, left column, lines 4-7 from the bottom, and right column, lines 3-8).
It would have been obvious to one of ordinary skill in the art to modify Jai et al. to use the halloysite nanotubes taught by Ma et al. in place of the nanometre particles of Jia et al. based upon Ma et al. teaching that halloysite nanotubes can solve the problems of poor dispersion of fluorescent molecules.
Jia et al. in view of Ma et al. does not teach providing carbon dots on the surface of the halloysite nanotubes.
Qing-zhi et al. teaches forming nanocomposite probes by providing carbon dots (CDs) on a metal organic framework (MOF). Qing-zhi et al. teaches that CDs have excellent photoluminescence properties. (Abstract). Qing-zhi et al. teaches that Eu-CDs are synthesized by pyrolysis and by using citric acid and europium nitrate as a carbon source and a europium source. Qing-zhi et al. teaches a fluorescence sensor composed of blue CDs and europium is used for visual detection of tetracycline (TC). (English translation of sections 4.2, 4.2.1, 4.2.3, 4.2.4 and 5).
It would have been obvious to one of ordinary skill in the art to modify the halloysite nanotubes of Jia et al. in view of Ma to include carbon dots and be provided as fluorescent probes as taught by Qing-zhi et al. and have both Eu and Tb as taught by Jia et al. for generating detectable red and green fluorescent emission.
I.) Regarding applicant’s claim 1, as noted above, Jia et al. in view of Ma et al. and Qing-zhi et al. together teach preparing HNT-PEI, HNT@CDs and HNT@CDs-MOF using the methods recited in claim 1.
Therefore, Jia et al, in view of Ma et al. and Qing-zhi et al. renders claim 1 obvious.
II.) Regarding applicant’s claim 2, claim 2 recites detecting Bacillus anthracis (DPA) by dissolving DPA in deionized water and adding DPA into buffered HNT@CDs-MOF and implementing a multi-color fluorescence semi-quantitative and qualitative detection of DPA using an excitation wavelength of 280 and detecting for DPA with naked eyes under a 254 nm ultraviolet lamp.
While, as noted above, Jia et al. teaches that erbium (Tb) and europium (Eu) can detect DPA fast multi-colour fluorescence detection , Jia et al. in view of Ma et al. and Qing-zhi et al. does not teach detecting DPA in a deionized water solution, pH buffering and an ultraviolet excitation wavelength of 254 nm, it would have been obvious for one skilled in the art to conduct routine engineering optimization experimentation to determine a suitable pH, including a pH of 8 and suitable excitation wavelength, including 280 nm, and detection under an ultraviolet wavelength of 254 for detecting Bacillus anthracis prepared in a test solution.
Therefore, Jia et al. in view of Ma et al. and Qing-zhi et al. renders claim 2 obvious.
III). Regarding applicant’s claim 3, claim 3 recites detecting etracycline (TC) by dissolving TC in deionized water and adding TC into buffered HNT@CDs-MOF and implementing a multi-color fluorescence semi-quantitative and qualitative detection of DPA using an excitation wavelength of 375 and detecting TC with naked eyes under a 365 nm ultraviolet lamp.
While, as noted above, Jia et al. teaches that erbium (Tb) and europium (Eu) can used together for multi-colour fluorescence detection and Ma et al. teaches TC detection using fluorescent excitation of 380, Jia et al. in view of Ma et al. and Qing-zhi et al. does not teach detecting TC in a deionized water solution, pH buffering and an ultraviolet excitation wavelength of 375 nm, it would have been obvious for one skilled in the art to conduct routine engineering optimization experimentation to determine a suitable pH, including a pH of 9 and suitable excitation wavelength, including 375 nm, and detection under an ultraviolet of 365 for detecting TC prepared in a test solution.
Therefore, Jia et al. in view of Ma et al. and Qing-zhi et al. renders claim 3 obvious.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chinese Patent Application Publication No. CN108048078 to Wang et al. teaches fluorescent detection using both terbium and europium with observation of color change using ultraviolet light radiation at 254 nm. (page 8, last paragraph English translation)
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/M.S.G./Examiner, Art Unit 1798
/CHARLES CAPOZZI/Supervisory Patent Examiner, Art Unit 1798