DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. Applicants’ response of 12/31/2025 is acknowledged. No claims have been amended.
Status of Claims
3. Claims 17-34 are pending. Claims 1-16 have been canceled.
Claim Rejections - 35 USC § 112 Withdrawn
4. Rejection of claims 32-34 under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. New Matter, is withdrawn in view of applicants’ response of 12/31/2025.
Claim Rejections - 35 USC § 103 Maintained
5. Rejection of claims 17-34 under 35 U.S.C. 103 as being unpatentable over Heo et al. (Sensors, issue 1424-8220, pp. 4483-4502, 2009) in view of Radislav et al. (JP 2012132901A) and Li et al. (US Patent 10,190,154 B2 filed 6/4/2016) and further in view of Zhang et al. Sensors, vol.17, no.265, pp. 1-33, 2017, is maintained.
The claims are drawn to:
Claim 17. (New) A method to perform real-time detection of bacterial metabolic products comprising the steps of: providing a sensor comprising: a Radio Frequency Identification (RFID) tag, said RFID tag having a centrally located nanocomposite coating; said coating comprised of nanowires wrapped with reduced graphene oxide into the titanium dioxide / reduced graphene oxide type of core/ shell nanostructure; said nanowires forming an antenna having two opposing sides, said opposing two sides of said antenna converge towards the middle part of said tag to form a detection zone on said RFID; said detection zone causing said RFID tag to have an electrochemical impedance that changes when in contact with a bacterial metabolic product; and placing a bacterial metabolic to be tested on said detection zone.
Heo et al. teach a method to perform real-time detection of bacterial metabolic products, microorganisms including bacteria and virus (see title and abstract). Heo et al. teach gram positive and gram-negative bacteria such as, E. coli, Salmonella, Bacillus and metabolic products. Heo et al. teach virus and antibodies (see pages 4492-4493). Heo et al. teach electrochemical impedance (see 4484). Heo et al. teach an overview of recent strategies in pathogen sensing (see title and abstract). Heo et al page 4492 recites:
3. Recent Sensing Strategies for Pathogen Detection Based on Nanomaterials
Current nanofabrication technology can make the size of a sensing probe comparable to those of bacteria or other target pathogens, improving the sensitivity and detection limit of a sensor enormously. In addition, the technology allows for an array of sensors, which can carry out high throughput detection. This chapter will cover recent progress of nanofabricated sensors for detecting pathogens.
3.1. Nanofabricated electrical sensors: nano-well, nanotube and nanowire Nanotubes and nanowires have been used to construct miniaturized sensor probes due to their unique physical properties. The one-dimensional structure of nanotubes and nanowires offer the smallest confinement for an electron transport along the longitudinal direction. Their large surface area promotes interaction between the target cells and nanomaterials, further improving the sensitivity. Towards the goal of developing nanotube or nanowire-based pathogen sensor. Heo et al. do not teach graphene oxide and TiO2.
As to claims 17, 24 and 28 Radislav et al., teach methods of detection, biosensors, RFID tag, nanocomposite coating, nanowire, graphene oxide and TiO2 (see abstract, technical field, description of embodiments, claims and figures). Radislav et al. technical field recites “The subject matter disclosed herein relates to chemical sensors and biosensors, and more specifically to highly selective temperature-independent chemical sensors and biosensors.” Radislav et al. teach an RFID tag to which a detection function is added. For example, at that time, the antenna of the RFID tag also performs a detection function by changing its impedance parameter according to environmental changes. An accurate determination of environmental changes by such RFID sensors is made by analysis of resonant impedance. Radislav et al. teach method of detecting chemical species and biological species (see embodiments).
Radislav et al. teach that one technique for detecting such environmental changes is to use a sensor, such as an RFID sensor, covered with a specific sensing material. In addition, sensors covered with one or more sensing materials can be placed in an array of individual transducers. (See description). Radislav et al., teach it may be beneficial to include a sensor array covered with various sensing materials so that properties can be measured (see descriptions). FIG. 1, illustrates the principle of temperature-independent selective detection utilizing an RFID sensor that includes a sensing material coated thereon.
As to claims 18, 25 and 29 Radislav et al. teach metal oxide nanowires, and carbon nanotubes. It includes dot nano-composites, as well as metal nanoparticles or nanoclusters that function with carbon nanotubes. Radislav et al. teach non-limiting examples of two-dimensional nanomaterials include graphene. And TiO2. See embodiments.
As to claims 19, 26 and 30 Radislav et al. teach that this frequency range requirement allows the tag to be recognized by a writer / reader operating at 13.56 MHz, but the sensor portion of the RFID tag operates at 5-20 MHz. See embodiments. As to recited frequency range of 730-930 MHz, this would be considered optimization of experimental parameters and would be obvious to one of ordinary skill in the art. However, where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235(CCPA 1955).
While Radislav et al., teach wrapped graphene; Radislav et al do not specify reduced graphene oxide.
However, Li et al. teach a method for detection of analytes including microorganisms such as bacteria, virus and metabolites, proteins (see column 4) and biosensors comprising reduced graphene oxide (rGO) see Abs, title, claims 1 and 13, columns 12 and 14). As to limitation of claim 7 (biomarkers such as antibodies and aptamers) Li et al. claims 2 and 3 teach antibodies and aptamers. Li et al. teach kits (see columns 7m claims 1, 2, 6, 7 and 12). Li et al. column 1, summary recites A biosensing experiment was conducted where an RCA circular template, reduced graphene oxide (rGO) and a DNA aptamer were used to achieve protein detection. Li et al. teach that the reaction tube was wrapped with aluminum foil to prevent photo-bleaching (see column 17).
The above references do not explicitly teach the added limitations of nanowires forming an antenna having two opposing sides and said antenna converge towards middle of tag,
Zhang et al. teach passive RFID tag antenna -based sensors and systems for structural health monitoring applications. Zhang et al. teach in its Abstract that “ In recent few years, the antenna and sensor communities have witnessed a considerable integration of radio frequency identification (RFID) tag antennas and sensors.” Zhang et al. teach that the antenna can be a regular antenna fabricated with conventional dielectric materials or coated with functionalized materials in the passive antenna sensor system. The defect directly or indirectly changes the electric property of the antenna sensor, corresponding to its impedance variation. The reader (interrogator) can actively and wirelessly monitor the antenna parameters via wireless channel based on RCS. Then, features are extracted from the backscattered signal and used to detect and characterize the defect. The main purpose of the modulator is therefore to modulate the interrogation signal received by that the signal backscattered by the tag antenna, i.e., the antenna (see page 7). Zhang et al. figure 4 teach a schematic description of antenna having two opposing sides and middle tag on a RFID detection system and serpentine path of claims 32-34.
It would have been prima facie obvious at the time the claimed invention was filed, to one of ordinary skill in the art to include the teachings of Heo et al., with above references to adapt the sensor for detection of bacteria and virus for the goal of developing nanotube or nanowire-based pathogen sensor. The benefit would be sensing probe comparable to those of bacteria or other target pathogens, improving the sensitivity and detection limit of a sensor enormously. It would have been prima facie obvious at the time the claimed invention was filed, to one of ordinary skill in the art to substitute known, reduced graphene oxide of Li et al in the biosensor of the Radislav et al., with a reasonable expectation for successfully using the instant biosensor. The benefit of using reduced graphene oxide would a more sensitive sensing. Radislav et al. teach method of detecting chemical species and biological species (see embodiments). Radislav et al. teach that one technique for detecting such environmental changes is to use a sensor, such as an RFID sensor, covered with a specific sensing material. In addition, sensors covered with one or more sensing materials can be placed in an array of individual transducers. (See description). Radislav et al. teach It may be beneficial to include a sensor array covered with various sensing materials so that properties can be measured (see descriptions).
Zhang et al. teach a review of passive RFID tag antenna -based sensors and systems for structural health monitoring applications.
Additionally, KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1741 (2007), discloses combining prior art elements according to known methods to yield predictable results, thus the combination is obvious unless its application is beyond that person's skill. KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1741 (2007) also o discloses that "The combination of familiar element according to known methods is likely to be obvious when it does no more than yield predictable results". It is well known to exchange metal elements in a sensor and adapt them for detecting pathogens which function in a predictable manner to yield a reasonable expectation of success along with predictable results to one of ordinary skill in the art at the time of the invention. Thus, it would have been obvious to a person of ordinary skill in the art to combine prior art elements according to known methods that is ready for improvement to yield predictable results. The claimed invention is prima facie obvious in view of the teachings of the prior art, absent any convincing evidence to the contrary. absent any convincing evidence to the contrary.
Applicants’ Arguments
6. Applicant's arguments filed 12/31/2025 have been fully considered but they are not persuasive. Applicants’ Argue:
Response:
Zhang is not analogous and a POSITA would not have been motivated to combine its teaching with the other cited reference as Zhang applies to a completely different field of endeavor. Zhang as shown below in the last sentence of the Abstract, the reference "provides a summary of MWT, which can be utilized for material failures":
Abstract: Microwave thermography (MWT} has many advantages including strong penetrability, selective heating, volumetric heating, significant energy savings, uniform heating, and good thermal efficiency. MWT has received growing interest due to its potential to overcome some of the limitations of microwave nondestructive testing (NDT) and thermal NDT. Moreover, during the last few decades MWT has attracted growing interest in materials assessment ln this In this paper a comprehensive review of MWT techniques for materials evaluation. is conducted based on a detailed literature survey. First, the basic principles of MWT are described. Different types of MWT including microwave pulsed thermography, microwave step thermography, microwave pulsed phase thermography, and microwave lock-in thermography are defined and introduced. Then, MWT case studies are discussed. Next, comparisons with other thermography and NDT methods are conducted. Finally, the trends in MWT research are outlined, including new theoretical studies, simulations and modelling, signal processing algorithms, internal properties characterization, automatic separation and inspection systems. This work provides a summary of MWT which can be utilized for material failures prevention and quality control.
Using sensors to detect structural material failures is a completely different field of endeavor using heat, than detecting microorganisms, which is the field of endeavor of the present patent application.
The Zhang Introduction reaffirms the vast difference in the technical fields by stating that its field of study is the use of Infrared (IR) thermography:
Introduction
Infrared (IR) thermography plays an important role in structural health monitoring (SHM) [1J and non-destructive testing (NOT) [2]. IR thermography has great potential and advantages, including fast inspection time, high sensitivity and spatial resolution owing to commercial IR cameras' ability to detect inner defects as a result of heat conduction. It can be spilt into two categories: passive and active. For the passive approach, the IR camera is used to measure the temperature of materials under test without any external excitation source. The passive thermography configuration is illustrated in Figure la. ln many industrial processes, passive thermography has been used in production and predictive maintenance [3]. While passive thermography allows qualitative analyses to be performed, active thermography is both qualitative and quantitative [4].
Contrary to the passive approach, an external thermal excitation is required for active thermography. The kno½'n characteristics of this external excitation enable depth quantification
Even if Zhang is an analogous reference which would be used by a POSITA, the reference in Figure 4, along with the accompanying written description, fails to teach the below limitations found in independent claims 17, 24 and 28: said opposing two sides of said antenna converge towards the middle part of said tag to form a detection zone on said RFID; said detection zone causing said RFID tag to have an electrochemical impedance that changes when in contact with a bacterial product.
Zhang also fails to the teach the serpentine path of claims 32-34.
Office Response
7. Applicant's arguments filed 12/31/2025 have been fully considered but they are not persuasive.
In response to applicant's arguments that Zhang et al. (Sensors, vol.17, no.265, pp. 1-33, 2017) teach a review of passive RFID tag antenna -based sensors and systems for structural health monitoring applications.
The passages of abstract and introduction recited above by the applicants is not the correct reference.
The reference used in the rejection teach a Review of Passive RFID Tag Antenna-Based Sensors and Systems for Structural Health Monitoring Applications.
This is analogous art. The applicants arguing are moot in view of arguing the wrong reference.
The abstract of Zhang et al. Sensors, vol.17, no.265, pp. 1-33, 2017 is recited below:
Abstract: In recent few years, the antenna and sensor communities have witnessed a considerable integration of radio frequency identification (RFID) tag antennas and sensors because of the impetus provided by internet of things (IoT) and cyber-physical systems (CPS). Such types of sensors can find potential applications in structural health monitoring (SHM) because of their passive, wireless, simple, compact size, and multimodal nature, particular in large scale infrastructures during their lifecycle. The big data from these ubiquitous sensors are expected to generate a big impact for intelligent monitoring. A remarkable number of scientific papers demonstrate the possibility that objects can be remotely tracked and intelligently monitored for their physical/chemical/mechanical properties and environment conditions. Most of the work focuses on antenna design, and significant information has been generated to demonstrate feasibilities. Further information is needed to gain deep understanding of the passive RFID antenna sensor systems in order to make them reliable and practical. Nevertheless, this information is scattered over much literature. This paper is to comprehensively summarize and clearly highlight the challenges and state-of-the-art methods of passive RFID antenna sensors and systems in terms of sensing and communication from system point of view. Future trends are also discussed. The future research and development in UK are suggested as well.
In response to applicants’ arguments that “the reference in Figure 4, along with the accompanying written description, fails to teach the below limitations found in independent claims 17, 24 and 28: said opposing two sides of said antenna converge towards the middle part of said tag to form a detection zone on said RFID.” It is again the examiner’s position that applicant is arguing again the wrong reference and the wrong figure.
Zhang et al. figure 4 teach a schematic description of antenna having two opposing sides and middle tag on a RFID detection system of independent claims 17, 24 and 28 and serpentine path of claims 32-34 ( see fig 4, page 7).
The rejection has been maintained.
Claim Rejections - 35 USC § 103 Maintained
8. Rejection of claims 17-34 under 35 U.S.C. 103 as being unpatentable over Lee et al. (Materials 2019, 12, 952, pp. 1-13) in view of Radislav et al. (JP 2012132901A) and Li et al. (US Patent 10,190,154 B2 filed 6/4/2016), and Zhang et al. (Sensors, vol.17, no.265, pp. 1-33, 2017), is maintained.
The limitations of claims have been recited above.
Lee et al. teach a method to perform real-time detection of bacterial metabolic products comprising an RFID and nanocomposite coating; said coating comprised of nanowires wrapped with reduced graphene oxide (see title, abstract and introduction, fig 1 and page 4). Lee et al. teach Graphene Nanomaterials-Based Radio-Frequency/Microwave Biosensors for Biomaterials Detection (see title). Lee et al. abstract recites:
Abstract: In this paper, the advances in radio-frequency (RF)/microwave biosensors based on graphene nanomaterials including graphene, graphene oxide (GO), and reduced graphene oxide (rGO) are reviewed. From a few frontier studies, recently developed graphene nanomaterials-based RF/microwave biosensors are examined in-depth and discussed. Finally, the prospects and challenges of the next-generation RF/microwave biosensors for wireless biomedical applications are proposed.
Lee et al. teach RF frequency of 1 GHz to 20 GHz with a cut-off frequency of 300 GHz (see introduction). Lee et al. teach gram positive such as S. aureus and gram-negative bacteria such as, E. coli, H. pylori and so on (see pages 8-9). Lee et al. teach metabolic products, biomolecules and biomaterials (see page 5), virus will be inherent in these biomaterials. Lee et al. page 9 recites: Utilizing RF/microwave systems with graphene nanomaterials, e.g., graphene. These RF/microwave biosensors could be detectable of biomolecules, e.g., glucose, DNA, as well as bacteria, e.g., S. aureus, E. coli and so on, via bifunctional peptide.
Lee et al. do not teach TIO2.
As to claims 17, 24 and 28 Radislav et al., teach methods of detection, biosensors, RFID tag, nanocomposite coating, nanowire, graphene oxide and TiO2 (see abstract, technical field, description of embodiments, claims and figures). Radislav et al. technical field recites “The subject matter disclosed herein relates to chemical sensors and biosensors, and more specifically to highly selective temperature-independent chemical sensors and biosensors.” Radislav et al. teach an RFID tag to which a detection function is added. For example, at that time, the antenna of the RFID tag also performs a detection function by changing its impedance parameter according to environmental changes. An accurate determination of environmental changes by such RFID sensors is made by analysis of resonant impedance. Radislav et al. teach method of detecting chemical species and biological species (see embodiments).
Radislav et al. teach that one technique for detecting such environmental changes is to use a sensor, such as an RFID sensor, covered with a specific sensing material. In addition, sensors covered with one or more sensing materials can be placed in an array of individual transducers. (see description). Radislav et al. teach It may be beneficial to include a sensor array covered with various sensing materials so that properties can be measured (see descriptions).
As to claims 18, 25 and 29 Radislav et al. teach metal oxide nanowires, and carbon nanotubes. It includes dot nanocomposites, as well as metal nanoparticles or nanoclusters that function with carbon nanotubes. Radislav et al. teach non-limiting examples of two-0dimensional nanomaterials include graphene. And TiO2. See embodiments.
As to claims 19, 27 and 30 Radislav et al. teach that this frequency range requirement allows the tag to be recognized by a writer / reader operating at 13.56 MHz, but the sensor portion of the RFID tag operates at 5-20 MHz. See embodiments. As to recited frequency range of 730-930 MHz, this would be considered optimization of experimental parameters and would be obvious to one of ordinary skill in the art. However, where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235(CCPA 1955).
Radislav et al do not specify reduced graphene oxide.
However, Li et al. teach a method for detection of analytes including microorganisms such as bacteria, virus and metabolites, proteins (see column 4) and biosensors comprising reduced graphene oxide (rGO) see Abs, title, claims 1 and 13, columns 12 and 14. As to limitation of claim 7 (biomarkers such as antibodies and aptamers) Li et al. claims 2 and 3 teach antibodies and aptamers. Li et al. teach kits (see columns 7m claims 1, 2, 6, 7 and 12). Li et al. column 1, summary recites A biosensing experiment was conducted where an RCA circular template, reduced graphene oxide (rGO) and a DNA aptamer were used to achieve protein detection. Li et al. teach that the reaction tube was wrapped with aluminum foil to prevent photo-bleaching (see column 17).
The above references do not explicitly teach the added limitations of nanowires forming an antenna having two opposing sides and said antenna converge towards middle of tag,
Zhang et al. teach a review of passive RFID tag antenna -based sensors and systems for structural health monitoring applications. Zhang et al. teach in its abstract teach that “In recent few years, the antenna and sensor communities have witnessed a considerable integration of radio frequency identification (RFID) tag antennas and sensors.” Zhang et al. teach that the antenna can be a regular antenna fabricated with conventional dielectric materials or coated with functionalized materials in the passive antenna sensor system. The defect directly or indirectly changes the electric property of the antenna sensor, corresponding to its impedance variation. The reader (interrogator) can actively and wirelessly monitor the antenna parameters via wireless channel based on RCS. Then, features are extracted from the backscattered signal and used to detect and characterize the defect. The main purpose of the modulator is therefore to modulate the interrogation signal received by that the signal backscattered by the tag antenna, i.e., the antenna (see page 7). Zhang et al. figure 4 teach a schematic description of antenna having two opposing sides and middle tag on a RFID detection system and serpentine path of claims 32-34.
It would have been prima facie obvious at the time the claimed invention was filed, to one of ordinary skill in the art to include the teachings of Lee et al., with above references to adapt the sensor for detection of bacteria and virus for the goal of developing nanotube or nanowire-based pathogen sensor. The benefit would be sensing probe comparable to those of bacteria or other target pathogens, improving the sensitivity and detection limit of a sensor enormously. It would have been prima facie obvious at the time the claimed invention was filed, to one of ordinary skill in the art to substitute known, reduced graphene oxide of Li et al in the biosensor of the Radislav et al., with a reasonable expectation for successfully using the instant biosensor. The benefit of using reduced graphene oxide would a more sensitive sensing. Radislav et al. teach that one technique for detecting such environmental changes is to use a sensor, such as an RFID sensor, covered with a specific sensing material. In addition, sensors covered with one or more sensing materials can be placed in an array of individual transducers. (See description). Radislav et al. teach It may be beneficial to include a sensor array covered with various sensing materials so that properties can be measured (see descriptions). Zhang et al. teach a review of passive RFID tag antenna -based sensors and systems for structural health monitoring applications.
Additionally, KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1741 (2007), discloses combining prior art elements according to known methods to yield predictable results, thus the combination is obvious unless its application is beyond that person's skill. KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1741 (2007) also discloses that "The combination of familiar element according to known methods is likely to be obvious when it does no more than yield predictable results". It is well known to exchange metal elements in a sensor and adapt them for detecting pathogens which function in a predictable manner to yield a reasonable expectation of success along with predictable results to one of ordinary skill in the art at the time of the invention. Thus, it would have been obvious to a person of ordinary skill in the art to combine prior art elements according to known methods that is ready for improvement to yield predictable results. The claimed invention is prima facie obvious in view of the teachings of the prior art, absent any convincing evidence to the contrary. absent any convincing evidence to the contrary.
Conclusion
9. No claims are allowed.
10. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHATOL S SHAHNAN SHAH whose telephone number is (571)272-0863. The examiner can normally be reached on Mon-Tue, Thurs-Fri 12pm-8pm.
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/Khatol S Shahnan-Shah/
Examiner, Art Unit 1645
February 20, 2026
/JANA A HINES/Primary Examiner, Art Unit 1645