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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/29/2023 has been considered by the Examiner.
Response to Preliminary Amendments/Status of Claims
Claims 1-10, filed on 08/03/2023, are under consideration. Claims 3-6 and 8-10 are amended to remove multiple dependencies and correct formatting; claims 1 and 9-10 are independent.
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.
Claims 9-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lalaoui et al. (“Wiring Laccase on Covalently Modified Graphene: Carbon Nanotube Assemblies for the Direct Bio-electrocatalytic Reduction of Oxygen”, Chem. Eur. J. 2015, 21, 3198 – 3201).
Regarding claim 9, Lalaoui teaches attaching laccase oxidation catalyst on a porous electrode comprising carbon nanotubes (shown below). The assembly can be useful in biosensing (pg. 3198, right column, first full paragraph, and pg. 3201, left column, first full paragraph at last line).
The disclosed laccase is similar to the claimed oxidation catalyst as recited in pending claim 3, and the disclosed carbon nanotube electrode is similar to the claimed conductive porous material being carbon nanotubes as recited in pending claim 5. Therefore, the disclosed assembly meets the claimed limitation of “wherein the conductive porous material and catalyst are as defined in claim 1”.
It is noted that Lalaoui does not teach the biosensor/kit is for or the detection of polycyclic aromatic hydrocarbons. However, this recitation is part of the claim preamble and does not imply or introduce additional structural or chemical limitations: “If the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations, then the preamble is not considered a limitation and is of no significance to claim construction”—see MPEP 2111.02 II.
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Regarding claim 10, Lalaoui teaches attaching laccase oxidation catalyst on a porous electrode comprising carbon nanotubes (as discussed above). The assembly can be useful in biosensing (pg. 3198, right column, first full paragraph, and pg. 3201, left column, first full paragraph at last line).
The disclosed laccase is similar to the claimed oxidation catalyst as recited in pending claim 3, and the disclosed carbon nanotube electrode is similar to the claimed conductive porous material being carbon nanotubes as recited in pending claim 5. Therefore, the disclosed assembly meets the claimed limitation of “wherein the conductive porous material and catalyst are as defined in claim 1”.
It is noted that Lalaoui does not teach the biosensor is for polycyclic aromatic hydrocarbons. However, this recitation is part of the claim preamble and does not imply or introduce additional structural or chemical limitations: “If the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations, then the preamble is not considered a limitation and is of no significance to claim construction”—see MPEP 2111.02 II.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1, a search of pertinent prior art did not locate a teaching or suggestion for a method for the detection of polycyclic aromatic hydrocarbons comprising: a) a step of contacting an aqueous solution comprising at least one polycyclic aromatic hydrocarbon with a catalyst for the oxidation of polycyclic aromatic hydrocarbons and with an electrode made of a conductive porous material, and b) a step of detecting the anthraquinone that is formed during the previous step through the oxidation of the polycyclic aromatic hydrocarbons.
The detection of polyaromatics with biosensors is disclosed by Kumar (“Biological and analytical techniques used for detection of polyaromatic hydrocarbons”, Environ Sci Pollut Res (2017) 24, at pg. 25817-25819). However, Kumar does not suggest the oxidation of polyaromatic and detecting the anthraquinone that is formed during through the oxidation of the polycyclic aromatic hydrocarbons.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALI Z FADHEL whose telephone number is (571)270-0267. The examiner can normally be reached M-F 9am-6pm PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, In Suk Bullock can be reached at 571-272-5954. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALI Z FADHEL/Primary Examiner, Art Unit 1772
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