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 .
Detailed Action
This office action is in response to applicant’s communication filed on 08/19/26. Claims 1-11 are pending in this application.
Claim Rejections Under 35 U.S.C. §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.
Claims 1-7, 10 and 11 are rejected under 35 U.S.C. §103 as being unpatentable over Shin (US 20220018806 A1) and further in view of Yanagawa (JP 2014115125 A).
Regarding claim 1, Shin discloses an ion sensor comprising: an ion detection element (see ISFET); a reference electrode configured to provide a reference point of potential (see para [0032], element 110, fig 6.); a solution in which an ion concentration is variable in a sensing area of the ion detection element; and a container receiving the solution (see para [00116] disclosing active solution), wherein the sensing area of the ion detection element is disposed in the solution (see fig 6, disclosing sensing area is surrounded by active solution), at least a part of the reference electrode is disposed in the solution(see fig 6, disclosing sensing area is surrounded by active solution), the solution contains an ion necessary for a redox reaction of the reference electrode (see figs 1, 2, and para [0033] disclosing ion redox reaction solution), and the container has an opening to introduce a target substance bound to a label having a function of changing an amount of ions detectable by the ion detection element into the solution (see fig 3a disclosing opening).
However, Shin does not explicitly disclose: the label bonded to the target substance generates or consumes the target ions, a surface potential of the sensing area changes with reference to a potential provided by the reference electrode in response to change in amount of the target ions, and the amount of the target ions is detected based on the change in the surface potential. However, Yanagawa at least at fig 9 discloses the label bonded to the target substance generates or consumes the target ions, a surface potential of the sensing area changes with reference to a potential provided by the reference electrode in response to change in amount of the target ions, and the amount of the target ions is detected based on the change in the surface potential.1
Shin and Yanagawa are in the same or similar fields of endeavor. It would have been obvious to one having ordinary skill in the art at a time prior to the effective filing date of the present application to combine Shin with Yanagawa. Shin and Yanagawa may be combined by forming the device of Shin to have labels disclosed in Yanagawa. One having ordinary skill in the art would be motivated to combine Shin and Yanagawa in order to detect concentration of ions as it relates to space/volume of measured ion substrate, see fig 9.
Regarding claim 2, Shin and Yanagawa disclose the ion sensor according to claim 1, further comprising: a resin in contact with a surface of the ion detection element (see par a[0029] disclosing insulation layer on ion detection electrode), which is a contact portion of the ion detection element located away from the sensing area; and a step provided on the surface of the ion detection element at location between the sensing area and the contact portion (see para [0029] and fig 4d disclosing insulation layer on electrode).
Regarding claim 3, Shin and Yanagawa disclose the ion sensor according to claim 1, further comprising: a base material on which the ion detection element is attached by an adhesive (see para [0028] disclosing patterned on and formed on substrate); an electrode portion provided on a surface of the base material to be electrically connected to the ion detection element (see fig 6 disclosing electrical connection); and a step provided on the surface of the base material at location between the ion detection element and the electrode portion (see fig 3a disclosing step).
Regarding claim 4, Shin and Yanagawa disclose the ion sensor according to claim 3, wherein the reference electrode is provided on a surface of the base material (see fig2 disclosing electrode on surface), the ion detection element is positioned between the reference electrode and the electrode portion (see material in between electrodes), and the reference electrode is larger than the electrode portion (see figs 4 disclosing different sizes).
Regarding claim 5, Shin and Yanagawa disclose the ion sensor according to claim 1, further comprising: a container receiving the solution, wherein the container is sealed (see para [0033] disclosing containers).
Regarding claim 6, Shin and Yanagawa disclose the ion sensor according to claim 5, further comprising an inert gas in the container (see para [0033] disclosing buffered).
Regarding claim 7, Shin and Yanagawa disclose a method for detecting a target substance using an ion sensor including: an ion detection element (see fig 3, disclosing sensing element); a reference electrode configured to provide a reference point of potential (see fig 3, disclosing reference electrode); and a solution in which an ion concentration is variable in a sensing area of the ion detection element (see fig 3, disclosing solution), wherein the method comprising: disposing the sensing area of the ion detection element in the solution (see fig 3, disclosing electrodes in solutions); introducing the target substance bound to a label having a function of changing an amount of ions detectable by the ion sensor into the solution after the disposing (see para [0033] disclosing detecting materials in target solution); and detecting a change in the amount of ions according to a concentration of the label using the ion sensor (see para [0046 and fig 9 disclosing detecting changes]).
Regarding claim 10, Shin and Yanagawa disclose the ion sensor according to claim 1, wherein the target ions are hydrogen ions.2
Regarding claim 11, Shin and Yanagawa disclose the method for detecting a target substance according to claim 7, wherein the target ions are hydrogen ions.3
Claims 8 and 9 are rejected under 35 U.S.C. §103 as being unpatentable over Shin (US 20220018806 A1) and further in view of Yanagawa (JP 2014115125 A) and further in view of Bar-Or (US 20130277232 A1).
Regarding claim 8, Shin, Yanagawa disclose the ion sensor according to claim 1, and Bar-Or further discloses wherein the solution is an aqueous solution containing chloride ions as the ion necessary for the redox reaction of the reference electrode, and a concentration of the chloride ions in the solution is within a range between 0.01M and 3M (see para [0015] disclosing 3M and chloride ions).
Shin, Yanagawa and Bar-Or are in the same or similar fields of endeavor. It would have been obvious to one having ordinary skill in the art at a time prior to the effective filing date of the present application to combine Shin, Yanagawa and Bar-Or. Shin, Yanagawa and Bar-Or may be combined by forming the device of Shin and Yanagawa and Bar-Or to have chloride ion solution disclosed in Bar-Or. One having ordinary skill in the art would be motivated to combine Shin and Yanagawa in order to perform precise feature placement on a substrate, see fig 6.
Regarding claim 9, Shin, Yanagawa disclose the method for detecting a target substance according to claim 7, wherein the solution is an aqueous solution containing chloride ions as an ion necessary for a redox reaction of the reference electrode, and a concentration of the chloride ions in the solution is within a range between 0.01M and 3M(see para [0015] disclosing 3M and chloride ions).
Shin, Yanagawa and Bar-Or are in the same or similar fields of endeavor. It would have been obvious to one having ordinary skill in the art at a time prior to the effective filing date of the present application to combine Shin, Yanagawa and Bar-Or. Shin, Yanagawa and Bar-Or may be combined by forming the device of Shin and Yanagawa and Bar-Or to have chloride ion solution disclosed in Bar-Or. One having ordinary skill in the art would be motivated to combine Shin and Yanagawa in order to perform precise feature placement on a substrate, see fig 6.
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 EDWARD CHIN whose telephone number is (571)270-1827. The examiner can normally be reached M-F 9AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Britt Hanley can be reached at (571) 270-3042. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EDWARD CHIN/Primary Examiner, Art Unit 2893
1 Yanagawa at the description discloses “an interface potential is generated between the ion sensitive film 100 and the solution 108, and an effective voltage applied to the gate electrode changes. Since the magnitude of the interface potential depends on the ion concentration, for example, when the ion concentration of the solution 108 changes from C1 to C2”
2 Yanagawa, see description disclosing, “ For example, Ta 2 O 5 has the highest detection sensitivity for hydrogen ions among the above materials, while it has the lowest sensitivity for sodium ions. Therefore, Ta2O5 is suitable for an application for measuring hydrogen ions, in other words, an application for measuring the hydrogen ion exponent pH of a solution.”
3 Ibid.