DETAILED ACTION
Status of the Claims
1. Claims 1-20 are pending.
Status of the Rejection
2. Rejection of claim 1-12 and 20 under 35 USC 112 second paragraph is withdrawn in view of applicant’s amendments.
Allowable Subject Matter
3. The indicated allowability of claims 13-18 is withdrawn in view of applicant’s amendment. Rejections based on the newly cited reference(s) follow.
Claim Rejections - 35 USC § 102
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.
4. Claim(s) 1-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Frimodt-Moller et al. (CA2698318).
Claims 1-4, Frimodt-Moller et al. teach composition comprising: one or more analytes and one or more quinolones at a total concentration of 60 milligrams/liter (mg/L) to 120 mg/L in the composition (test composition of urine, comprising bacteria, and antimicrobial; see page 46 wherein the antimicrobial is fluoroquinolone such as levofloxacin and/or norfloxacin at concentration in the range of 0.5-128 mg/L; see page 18, ll. 28-32 and entries on pages 24 and 26 of Table 1).
Claim 5. Frimodt-Moller et al. teach composition further comprising an aqueous liquid (the composition is comprised of urine; see page 46).
Claim 6. Frimodt-Moller et al. teach the composition further comprises a trace metal, where the trace metal comprises one or more metals (composition comprising calcium or magnesium ions; see page 17).
Claim 7. Frimodt-Moller et al. teach the one or more metals are at a concentration in the composition of 10 parts-per-billion (ppb) or more (concentration in the range of 0.1g/l to 0.001g/l (reads on 10ppb or more); see page 15).
Claims 8 and 9. Frimodt-Moller et al. teach the aqueous liquid contains dissolved oxygen; and wherein the one or more analytes further comprise: pH (hydronium), carbon dioxide (CO2), oxygen (02), sodium (Na), potassium (K), chlorine (Cl), calcium (Ca), magnesium (Mg), glucose, lactate, creatinine, creatinine, urea, organic dyes, amaranth, or sulforhodamine B (the urine sample; see page 46 inherently comprised of dissolved oxygen at known concentration and pH ions).
Claims 10 and 11. Frimodt-Moller et al. teach a container holding the composition of claim 1 (glass container containing composition of claim 1; see claim 1 above and page 41, ll. 4-11).
Claim 12. Frimodt-Moller et al.the container comprises a cartridge (container could be petri dish; see page 41, ll. 4-11).
Claims 13-15. Frimodt-Moller et al. teach a system comprising:
a cartridge comprising multiple containers, each of the multiple containers holding a composition (petri dish comprising multiple compartments and each compartment holding a composition; see page 41, ll. 4-11 and page 43, ll. 13-25 and Fig 1), each composition comprising:
a liquid comprising one or more analytes and one or more quinolones at a total concentration of 60 milligrams/liter (mg/L) to 120 mg/L in the composition (urine comprising bacteria, and antimicrobial; see page 46 wherein the antimicrobial is fluoroquinolone such as levofloxacin and/or norfloxacin at concentration in the range of 0.5-128 mg/L; see page 18, ll. 28-32 and entries on pages 24 and 26 of Table 1);
wherein liquids in different ones of the containers have different concentrations of the one or more analytes (different containers have different test compositions; see page 37 and urine added to each of the containers would yield different container having different concentration of bacteria); and
a sensor configured to detect at least one of the analytes, the sensor being internal to, or external to, the cartridge (chromogenic substrates internal to cartridge are used for staining and detecting the bacterial colonies; see Table 5).
Claim 16. Frimodt-Moller et al. teach the composition further comprises one or more metals, the one or more metals being at a concentration in a respective the composition of 10 parts-per-billion (ppb) or more (composition comprising calcium or magnesium ions at concentration in the range of 0.1g/l to 0.001g/l (reads on 10ppb or more); see pages 15 and 17).
Claims 17 and 18. Frimodt-Moller et al. teach the composition further comprises an aqueous liquid; and wherein the aqueous liquid contains dissolved oxygen, the dissolved oxygen comprising one of the analytes (the urine sample; see page 46 inherently comprised of dissolved oxygen at known concentration and pH ions).
Claim 19. Frimodt-Moller et al. teach a kit (see page 41, ll. 34-35) comprising:
multiple containers, each of the multiple containers holding an aqueous composition comprising one or more analytes (petri dish comprising multiple compartments and each compartment holding a urine and test composition; see page 41, ll. 4-11 and page 43, ll. 13-25 and Fig 1); and
one or more quinolones (antimicrobial; see page 46 wherein the antimicrobial is fluoroquinolone such as levofloxacin and/or norfloxacin at concentration in the range of 0.5-128 mg/L; see page 18, ll. 28-32 and entries on pages 24 and 26 of Table 1);
wherein liquids in different ones of the multiple containers have different concentrations of the one or more analytes (different containers have different test compositions; see page 37 and urine added to each of the containers would yield different container having different concentration of bacteria).
Allowable Subject Matter
Claim 20 is allowed.
The following is a statement of reasons for the indication of allowable subject matter: cited prior art, Frimodt-Moller et al. teach bacterial detection kit comprising test composition of urine and antimicrobial such as levofloxacin and/or norfloxacin at concentration in the range of 0.5-128 mg/L; see page 18, ll. 28-32 and entries on pages 24 and 26 of Table 1. Frimodt-Moller et al. do not teach limitations of measuring oxygen by contacting a surface of an inert metal electrode to a composition; and reducing oxygen at the surface; and producing an electrical signal that is detected by a clinical analyzer; wherein the one or more quinolones stabilize oxygen in the composition prior to the oxygen measurement.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 GURPREET KAUR whose telephone number is (571)270-7895. The examiner can normally be reached M-F 9:30-6.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Curtis Mayes can be reached at 571-272-1234. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/GURPREET KAUR/
Primary Examiner
Art Unit 1759