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 .
Election/Restrictions
Applicant's election with traverse of Invention of Group I, Claims 1-10, in the reply filed on 07/17/2026 is acknowledged. The traversal is on the ground(s) that claims 11-16, drawn to a method for using a transistor sensor. This is not found persuasive because the fields of search for device and method of using claims are not coextensive and the determinations of patentability of method of using and device claims are different, that is device limitations and method of using limitations are given weight differently in determining the patentability of the claimed inventions. Also, the strategies for doing text searching of the device claims and method of using claims are different. Thus, separate searches are required.
The requirement is still deemed proper and is therefore made FINAL.
Claims 11-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 07/17/2026.
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, 3-5, and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lieber et al. (US 2007/0158766).
Regarding claim 1, Lieber et al. discloses, as shown in Figures 1A-4A and 15A-16D, a transistor sensor comprising:
a field effect transistor including:
a source region (S);
a drain region (D) spaced apart from the source region in a first direction;
a semiconductor channel (Si NW, 38) extending in the first direction and disposed between the source region and the drain region;
a gate dielectric layer (oxide) disposed under the semiconductor channel; and
a gate (backgate) disposed under the gate dielectric layer;
a surface modification layer disposed on the semiconductor channel (the nanowire functionalized with a siloxane derivative; a nanowire may be modified after construction of the nanoscale detective device by immersing the device in a solution containing the modifying chemicals to be coated, 42, [0132], Figs. 2A, 2B, 15A); and
a cell detection layer disposed on the surface modification layer and containing a plurality of antibodies (44, [0064]-[0065], [0067], [0075], [0132]), wherein the antibodies are configured to identify a cell surface antigen, and the cell detection layer is configured to capture a cell identified by the antibodies
Regarding claim 3, Lieber et al. discloses the semiconductor channel has a length in the first direction to allow the cell detection layer to capture the cell.
Regarding claim 4, Lieber et al. discloses the length is in a range from about 50 µm to 1000 µm ([0063], [0079]).
Regarding claim 5, Lieber et al. discloses the surface modification layer comprises siloxane compounds ([0130], [0132]).
Regarding claim 7, Lieber et al. discloses the cell is a white blood cell (whole blood, blood fraction, including a white blood cell ([0070]-[0071]).
Claim(s) 1, 3, 6 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang et al. (US 2021/0215683).
Regarding claim 1, Yang et al. discloses, as shown in Figures 1-10, a transistor sensor comprising:
a field effect transistor including:
a source region (11);
a drain region (12) spaced apart from the source region in a first direction;
a semiconductor channel (131) extending in the first direction and disposed between the source region and the drain region;
a gate dielectric layer (14) disposed under the semiconductor channel; and
a gate (15) disposed under the gate dielectric layer;
a surface modification layer (132) disposed on the semiconductor channel; and
a cell detection layer (133) disposed on the surface modification layer and containing a plurality of antibodies ([0025]), wherein the antibodies are configured to identify a cell surface antigen, and the cell detection layer is configured to capture a cell identified by the antibodies
Regarding claim 3, Yang et al. discloses the semiconductor channel has a length in the first direction to allow the cell detection layer to capture the cell ([0021],[0044]).
Regarding claim 6, Yang et al. discloses the surface modification layer is connected with the plurality of antibodies of the cell detection layer through a plurality of terminal aldehyde groups ([0024]-[0025]).
Regarding claim 10, Yang et al. discloses further comprising:
a microfluidic component (20) having a microfluidic channel (21) extending in a second direction (y) different from the first direction (x) to allow fluid containing the cell to pass through the microfluidic channel, and the microfluidic component is disposed on the transistor sensor to allow the cell in the microfluidic channel to pass through the cell detection layer ([0030]-[0031]).
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.
Claim(s) 2, 6, and 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lieber et al. (US 2007/0158766).
Lieber et al. discloses the claimed invention including the sensor as explained in the above rejection. Lieber et al. does not disclose the material of cell surface antigen, of the surface modification layer, and of the plurality of antibodies. However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to form the cell surface antigen, the surface modification layer, and the plurality of antibodies of Lieber et al. having the materials as that claimed by Applicant, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claim(s) 2, 5, 7, and 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (US 2021/0215683).
Yang et al. discloses the claimed invention including the sensor as explained in the above rejection. Yang et al. does not disclose the material of cell surface antigen, of the surface modification layer, of the cell, and of the plurality of antibodies. However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to form the cell surface antigen, the surface modification layer, the cell, and the plurality of antibodies of Yang et al. having the materials as that claimed by Applicant, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lieber et al. (US 2007/0158766) in view of Yang et al. (US 2021/0215683).
Lieber et al. discloses the claimed invention including the sensor as explained in the above rejection. Lieber et al. does not disclose a microfluidic component having a microfluidic channel extending in a second direction different from the first direction to allow fluid containing the cell to pass through the microfluidic channel, and the microfluidic component is disposed on the transistor sensor to allow the cell in the microfluidic channel to pass through the cell detection layer. However, Yang et al. discloses a sensor comprising a microfluidic component (20) having a microfluidic channel (21) extending in a second direction (y) different from the first direction (x) to allow fluid containing the cell to pass through the microfluidic channel, and the microfluidic component is disposed on the transistor sensor to allow the cell in the microfluidic channel to pass through the cell detection layer. Note Figures 5, 8, [0030]-[0031] of Yang et al. Therefore, it would have been obvious to one of ordinary skills in the art at the time the invention was made to form the sensor of Lieber et al. having a microfluidic channel extending in a second direction different from the first direction to allow fluid containing the cell to pass through the microfluidic channel, such as taught by Yang et al. in order to detect the antigen and/or antibodies sufficiently.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (US 2021/0215683) in view of Lieber et al. (US 2007/0158766).
Yang et al. discloses the claimed invention including the sensor as explained in the above rejection. Yang et al. does not disclose the semiconductor channel length is in a range from about 50 µm to 1000 µm. However, Lieber et al. discloses a sensor having a semiconductor channel length is in a range from about 50 µm to 1000 µm. Note Figures 1A-4A and 15A-16D, [0063], [0079] of Lieber et al. Therefore, it would have been obvious to one of ordinary skills in the art at the time the invention was made to form the semiconductor channel of Yang et al having the claimed length, such as taught by Lieber et al. in order to have the desired dimension to detect the antigen.
Conclusion
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/HUNG K VU/ Primary Examiner, Art Unit 2897
