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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP2021-103850, filed on 06/23/2021.
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.
Claim(s) 1, 2, 4-6 and 8 is/are rejected under 35 U.S.C. 102(1)(a) as being anticipated by Bisht et al. (Langmuir 2012, 28, 14055−14064).
Considering claim 1, Bisht discloses an immobilized enzyme electrode and method (abstract) comprising: an electrode; a redox enzyme (glucose oxidase) that oxidizes or reduces a target molecule; and an electron carrier (mediator - DHB) that performs electron transport between the electrode and the redox enzyme, wherein the electron carrier is immobilized on the electrode via a first linker (EDA) that is in a form of a chain, and the redox enzyme is immobilized on the electrode via a second linker (ABA) that is longer than the first linker, the second linker being in a form of a chain (Fig. 2b).
PNG
media_image1.png
384
456
media_image1.png
Greyscale
Considering claim 2, Bisht discloses the first linker includes an alkyl chain 2 carbon atoms (Fig. 2).
Considering claim 4, Bisht discloses the electron carrier (DHB) has a molecular weight of 124, which is within the claimed range of at most 500.
Considering claim 5, Bisht discloses an immobilized enzyme electrode manufacturing method for manufacturing the immobilized enzyme electrode according to claim 1, the immobilized enzyme electrode manufacturing method comprising: immobilizing the electron carrier on the electrode via the first linker that is in a form of a chain; and immobilizing the redox enzyme on the electrode via a second linker (abstract, Fig. 3).
Considering claim 6, Bisht discloses a target molecule redox method comprising: oxidizing or reducing a target molecule (glucose) using an immobilized enzyme electrode manufactured according to the immobilized enzyme electrode manufacturing method according to claim 5 (page 14062, first 5 lines).
Considering claim 8, Bisht discloses a target molecule redox device comprising: the immobilized enzyme electrode according to claim 1; and a power supply (inherently) that applies voltage (Figure 10) to the immobilized enzyme electrode, wherein the target molecule redox device oxidizes or reduces a target molecule (page 14062, first 5 lines).
Claim Rejections - 35 USC § 103
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bisht et al. as applied to claim 1 above.
Considering claim 3, Bisht teaches a mechanism of electro-oxidation of amines onto an electrode surface, where the R is aryl or alkyl (page 14056, left column, last 6 lines, Figure 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute aryl in the linker with 4 carbon atoms (length-wise) for a 3-4 carbon alkyl chain, with reasonable expectation of success, because alkyl linker would have provided similar scaffolding and Bisht teaches that the surface attachment mechanism applied to both aryl and alkyl linkers.
Allowable Subject Matter
Claim 7 is 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 following is a statement of reasons for the indication of allowable subject matter: claim 7 requires the target molecule to be a protein having a disulfide bond. In Bisht the target molecule is glucose. The prior art of record does not disclose nor suggest to use the electrode of Bisht for reduction/oxidation of a protein having a disulfide bond.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Wojciech Haske whose telephone number is (571)272-5666. The examiner can normally be reached M-F: 9:30 am - 6:00 pm.
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, James Lin can be reached at 571-272-8902. 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.
/WOJCIECH HASKE/ Examiner, Art Unit 1794
Prosecution Insights