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 .
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) 1-7 and 9-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al (CN 112062752).
Regarding Claim 1, Zhang et al teaches a method for detection of a nerve agent in a sample (see [0005] and [0010]), which method comprises: (a) irradiating an optical sensing element (i.e. a thin-film fluorescent sensor), the optical sensing element comprising a fluorescent sensing compound provided on a substrate (see [0085] and [0089]), and measuring the luminescence (i.e. the spectrum) of the optical sensing element (see [0085] and [0094]); wherein the fluorescent sensing compound comprises a combination of at least one electron acceptor moiety (such as a TPY group) (see [0034]-[0035] and [0068]) and one or more electron donor moieties such that the electronic properties of the sensing compound are sufficient to enable a change in the luminescence of the sensing element in the presence of the nerve agent (see [0034] and [0068]), and a moiety that influences solubility of the sensing compound in a solvent (see [0073] and [0077]); (b) contacting the sample with the optical sensing element; (c) measuring the luminescence of the optical sensing element (see [0141], [0147] and [0149]); and (d) determining whether the nerve agent is present in the sample based on the measurements obtained in steps (a) and (c) (see [0085], [0094] and [0151]).
Regarding Claim 2, Zhang et al teaches that the method is for detection of airborne nerve agent, particularly vapour (gaseous) phase (see [0084], [0094], [0141] and [0145]).
Regarding Claims 3-4, Zhang et al teaches that the method of claim 1, is selective for a v-series nerve agent (such as VX) (see [0004]).
Regarding Claim 5, Zhang et al teaches that the fluorescent sensing compound is provided as a thin film coating (see [0081]-[0082] and [0137]).
Regarding Claims 6-7, Zhang et al teaches that the fluorescent sensing compound is a compound of formula (Ia) (such as described in [0034], [0068] and [0101]).
Regarding Claims 9 and 11, Zhang et al teaches that the method of claim 1 is performed in combination with a further detection method (i.e. a colorimetric detection method) (see [0079]-[0080] and [0094]).
Regarding Claim 10, Zhang et al teaches that the methods are performed simultaneously (see [0094] or [0151]) or sequentially (see [0073]).
Claim(s) 1-5 and 9-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nagy et al (US PGPub 2011/0166043).
Regarding Claim 1, Nagy et al teaches a method for detection of a nerve agent in a sample (see [0009]), which method comprises: (a) irradiating an optical sensing element (i.e. a optical sensor), the optical sensing element comprising a fluorescent sensing compound provided on a substrate (see [0092] and [0225]), and measuring the luminescence (i.e. the spectrum) of the optical sensing element (see [0100], [0223] and [0255]); wherein the fluorescent sensing compound comprises a combination of at least one electron acceptor moiety (such as a heteroaryl group, such as pyridyl or a component of OP-AChE ) (see [0009] and [0237]) and one or more electron donor moieties such that the electronic properties of the sensing compound are sufficient to enable a change in the luminescence of the sensing element in the presence of the nerve agent (see [0207]), and a moiety that influences solubility of the sensing compound in a solvent (such as an alkyl or alkenyl group, see [0018]-[0024] and [0045]); (b) contacting the sample with the optical sensing element; (c) measuring the luminescence of the optical sensing element (see [0100] and [0242]); and (d) determining whether the nerve agent is present in the sample based on the measurements obtained in steps (a) and (c) (see [0257] and [0307]).
Regarding Claim 2, Nagy et al teaches that the method is for detection of airborne nerve agent, particularly vapour (gaseous) phase (see [0009]).
Regarding Claims 3-4, Nagy et al teaches that the method of claim 1, is selective for a v-series nerve agent (such as VX) (see [0009] and [0170]).
Regarding Claim 5, Nagy et al teaches that the fluorescent sensing compound is provided as a thin film coating (see [0091]-[0093]).
Regarding Claims 9 and 11, Zhang et al teaches that the method of claim 1 is performed in combination with a further detection method (i.e. a colorimetric detection method) (see [0182], [0212] and [0242]).
Regarding Claim 10, Zhang et al teaches that the methods are performed simultaneously or sequentially (see [0230] and [0244]).
Allowable Subject Matter
Claim 8 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.
Regarding Claim 8, neither Zhang et al, Nagy et al nor any other prior art found teaches or fairly suggest wherein the fluorescent sensing compound is a compound of Formula (Ic):
PNG
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335
807
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wherein: R1 and R2 are each independently selected from C1-10alkyl, C1-10alkoxy or (CH2CH2O)nCl-4alkyl, wherein n is 1, 2 or 3; and R3 is -CH=C(CN)2 or -CH=O.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER WECKER whose telephone number is (571)270-1109. The examiner can normally be reached 9:30AM - 6 PM EST M-F.
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/JENNIFER WECKER/Primary Examiner, Art Unit 1797
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