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 .
Response to Arguments
a. In regards to the 35 U.S.C 112 (b) rejection, Applicant respectfully traverses the Examiner's rejection. In the present response, claims 1, 11, and 19 have been amended. Claims 8 and 17 have been canceled without prejudice. As amended, claims 1-7, 9-16, and 18-19 are not indefinite.
a. (Examiner’s response) Applicant’s arguments with respect to claims 1-20 have been fully considered and are persuasive. The 35 U.S.C 112(b) rejection of claims 1-20 has been withdrawn.
b. In regards to the 35 U.S.C 102 rejection of claims 1 & 11, Applicant respectfully traverses the Examiner's rejection. In the present response, independent claims 1 and 11 have been amended. As amended, claims 1 & 11 are not anticipated by Yang, Lee, & Ojeda-Galvan.
b. (Examiner’s response) Applicant’s arguments with respect to the rejection(s) of claim(s) 1 & 11 under Yang CN 113670893 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Yang CN 113670893 in view of Materials Characterisation & Fabrication Platform, “2022 Seminar Series - More Than Spectra: Mapping and Temperature Capabilities on the inVia Raman”, Nov 21, 2022 hereafter Materials Characterization in further view of Li CN 114878540.
Applicant’s arguments with respect to the rejection(s) of claim(s) 1 & 11 under LEE WO 2022182126 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view LEE WO 2022182126 in view of MIZUTANI PCT/US22/49153.
Applicant’s arguments with respect to the rejection(s) of claim(s) 1 & 11 under paper of H.J. Ojeda-Galvan, “Application of Raman spectroscopy for the determination of proteins denaturation and amino acids decomposition temperature”, October 2022 hereafter Ojeda-Galvan have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of paper of H.J. Ojeda-Galvan, “Application of Raman spectroscopy for the determination of proteins denaturation and amino acids decomposition temperature”, October 2022 hereafter Ojeda-Galvan in view of Materials Characterisation & Fabrication Platform, “2022 Seminar Series - More Than Spectra: Mapping and Temperature Capabilities on the inVia Raman”, Nov 21, 2022 hereafter Materials Characterization in further view of MIZUTANI PCT/US22/49153. Clarification is shown below.
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) 1-5, 7, 11-16, & 20-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang CN 113670893 in view of Materials Characterisation & Fabrication Platform, “2022 Seminar Series - More Than Spectra: Mapping and Temperature Capabilities on the inVia Raman”, Nov 21, 2022 hereafter Materials Characterization in further view of Li CN 114878540.
With respect to claim 1, Yang teaches a method of evaluating an interaction between a first composition and a second composition, the method comprising the step of subjecting the interaction between the first composition “protein”/or “salt solution” and the second composition “salt solution”/or “protein” to Raman spectroscopy “Raman spectrum”, wherein the step of subjecting is performed at a temperature between 0 °C and 40 °C “room temperature” (pg. 10, ¶ 1-4).
Yang does not teach temperature between 0 °C and 15 °C.
Materials Characterization, in the field of endeavor Raman spectroscopy, teaches the temperature of a samples may be heat up to 600°C via a heater to observe interactions which are sensitive to temperature (fig 1 & 2). At the time prior to the effective filing date, it would have been obvious to one of ordinary skill in the art to try set a temperature of a sample between 0 °C and 15 °C to observe interactions which occur at this range.
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The combination does not teach the method is configured for evaluating the interaction in less than 1
minute.
Li, in the same field of endeavor as Yang of SERS, teaches an evaluation time of 8-12 seconds, preferably 10 seconds when collecting the SERS spectrum (pg. 3, ¶ 1, lines 20-25). At the time prior to the effective filing date, it would have been obvious to one of ordinary skill in the art to try evaluate interactions in less than one minute to efficiently analyze several samples.
With respect to claim 2 according to claim 1, the combination teaches the method wherein the first composition is comprised in an aqueous composition “ice water”, wherein the aqueous composition is a solution “salt solution” (pg. 10, ¶ 1-3 Yang).
With respect to claim 3 according to claim 2, the combination teaches the method wherein the aqueous composition is present at near physiological conditions “room temperature” (pg. 10, ¶ 1-4 Yang).
With respect to claim 4 according to claim 1, the combination teaches the method wherein the second composition is comprised in an aqueous composition “ice water”, wherein the aqueous composition is a solution “salt solution” (pg. 10, ¶ 1-3 Yang).
With respect to claim 5 according to claim 4, the combination teaches the method wherein the aqueous composition is present at near physiological conditions “room temperature” (pg. 10, ¶ 1-4 Yang).
With respect to claim 7 according to claim 1, the combination teaches the method wherein the first composition is an antibody and wherein the second composition is an antigen “coronavirus” “antibody antigen” (pg. 2, lines 40-42 Yang).
With respect to claim 11, the combination teaches the method of evaluating an interaction between a first biomolecule “protein” and a second biomolecule “salt”, the method comprising the step of subjecting the interaction between the first biomolecule and the second biomolecule to Raman spectroscopy “Raman spectrum” (pg. 10, ¶ 1-4 Yang),
wherein the step of subjecting is performed at a temperature between about 0 °C and about 40 °C “room temperature” (pg. 10, ¶ 1-4 Yang).
Yang does not teach temperature between 0 °C and 15 °C.
Materials Characterization, in the field of endeavor Raman spectroscopy, teaches the temperature of a samples may be heat up to 600°C via a heater to observe interactions which are sensitive to temperature (fig 1 & 2). At the time prior to the effective filing date, it would have been obvious to one of ordinary skill in the art to try set a temperature of a sample between 0 °C and 15 °C to observe interaction which occur at this range.
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The combination does no teach the method is configured for evaluating the interaction in less than 1
minute.
Li, in the same field of endeavor as Yang of SERS, teaches an evaluation time of 8-12 seconds, preferably 10 seconds when collecting the SERS spectrum (pg. 3, ¶ 1, lines 20-25). At the time prior to the effective filing date, it would have been obvious to one of ordinary skill in the art to try evaluate interactions in less than one minute to efficiently analyze several samples.
With respect to claim 12 according to claim 11, the combination teaches the method wherein the first biomolecule is selected from the group consisting of a protein (pg. 10, ¶ 1 Yang).
With respect to claim 13 according to claim 11, the combination teaches the method wherein the first biomolecule is comprised in an aqueous composition “ice water”, wherein the aqueous composition is a solution “salt solution” (pg. 10, ¶ 1-3 Yang).
With respect to claim 14 according to claim 13, the combination teaches the method wherein the aqueous composition is present at near physiological conditions “room temperature” (pg. 10, ¶ 1-4 Yang).
With respect to claim 15 according to claim 11, the combination teaches the method wherein the second biomolecule is comprised in an aqueous composition “ice water”, wherein the aqueous composition is a solution (pg. 10, ¶ 1-3 Yang).
With respect to claim 16 according to claim 11, the combination teaches the method wherein the aqueous composition is present at near physiological conditions “room temperature” (pg. 10, ¶ 1-4 Yang).
With respect to claim 20 according to claim 11, the combination teaches the method wherein the step of subjecting is performed at a temperature below 10 °C “-20 °C” (pg. 7, ¶ 7 Yang).
With respect to claim 21 according to claim 1, the combination teaches the method the second composition is a small molecule “salt solution”/or “protein” (pg. 10, ¶ 1-4 Yang) “biomolecule detection” (pg. 5, ¶ 12 Yang).
With respect to claim 22 according to claim 1, the combination teaches the method wherein the second composition is a biologic “biomolecule detection” (pg. 5, ¶ 12 Yang).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang CN 113670893 in view of Materials Characterisation & Fabrication Platform, “2022 Seminar Series - More Than Spectra: Mapping and Temperature Capabilities on the inVia Raman”, Nov 21, 2022 hereafter Materials Characterization in further view of Li CN 114878540 in further view of LIANG CN 101340902.
With respect to claim 6 according to claim 1, the combination does not teach the first composition is a drug and wherein the second composition is a drug target.
Liang, in the same field of endeavor as Yang of virology (abstract), teaches observing a drug TG21 (pg. 10, ¶ 2, line 1) and virus i.e. drug target to check a survival of an embryo at room temperature (pg. 10, ¶ 5, lines 4-8). At the time prior to the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to try to observe a drug and drug target via the combination’s Raman spectrometer to observe the efficacy of a drug for eliminating a virus.
Claim(s) 1, 10, 11, & 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over LEE WO 2022182126 in view of MIZUTANI PCT/US22/49153.
With respect to claim 1, Lee teaches the method of evaluating an interaction between a first composition and a second composition, the method comprising the step of subjecting the interaction between the first composition “nucleotides” and the second composition “nucleic acid detection reagent” to Raman spectroscopy “Raman spectrum”, wherein the step of subjecting is performed at a temperature “5°C” between 0 °C and 15 °C 5°C” (pg. 30, ¶ 7).
Lee does not teach evaluating the interaction in less than 1 minute.
Mizutani, in the same field of endeavor as Lee of SERS spectroscopy, teaches a duration of excitation and detection may take 10 seconds - 10 minutes (0181). At the time prior to the effective filing date of the invention, it would have been obvious to one ordinary skill in the art to try to evaluate the interaction of a sample in less than 1 minute based upon the sample’s reaction time.
With respect to claim 10 according to claim 1, the combination teaches the method wherein the step of subjecting is performed at a temperature between 0 °C and 5 °C “5°C” (pg. 30, ¶ 7 Lee).
With respect to claim 11, the combination teaches a method of evaluating an interaction between a first biomolecule and a second biomolecule, the method comprising the step of subjecting the interaction between the first biomolecule “nucleotides” and the second biomolecule “nucleic acid detection reagent” to Raman spectroscopy, wherein the step of subjecting is performed at a temperature “5°C” below 15 °C (pg. 30, ¶ 7 Lee).
Lee does not teach evaluating the interaction in less than 1 minute.
Mizutani, in the same field of endeavor as Lee of SERS spectroscopy, teaches a duration of excitation and detection may take 10 seconds - 10 minutes (0181). At the time prior to the effective filing date of the invention, it would have been obvious to one ordinary skill in the art to try to evaluate the interaction of a sample in less than 1 minute based upon the sample’s reaction time.
With respect to claim 19 according to claim 11, the combination teaches method of claim 11 wherein the step of subjecting is performed at a temperature about 5 °C (pg. 30, ¶ 7 Lee).
Claim(s) 1, 8, 9, 11, & 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over paper of H.J. Ojeda-Galvan, “Application of Raman spectroscopy for the determination of proteins denaturation and amino acids decomposition temperature”, October 2022 hereafter Ojeda-Galvan in view of Materials Characterisation & Fabrication Platform, “2022 Seminar Series - More Than Spectra: Mapping and Temperature Capabilities on the inVia Raman”, Nov 21, 2022 hereafter Materials Characterization in further view of MIZUTANI PCT/US22/49153.
With respect to claim 1, Ojeda-Galvan teaches a method of evaluating an interaction between a first composition and a second composition, the method comprising the step of subjecting the interaction between the “intermolecular interactions” (pg. 6, ¶ 1, lines 21-22) first composition “protein molecules” and the second composition “protein molecules” to Raman spectroscopy (fig 1A), wherein the step of subjecting is performed at a temperature “20° C” (pg. 3, col 1, ¶ 2, lines 1-2).
Ojeda-Galvan does not teach a temperature between 0 °C and 15 °C.
Materials Characterization, in the field of endeavor Raman spectroscopy, teaches the temperature of a samples may be heat up to 600°C via a heater to observe interactions which are sensitive to temperature (fig 1 & 2). At the time prior to the effective filing date, it would have been obvious to one of ordinary skill in the art to try set a temperature of a sample between 0 °C and 15 °C to observe interactions which occur at this range.
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The combination does not teach evaluating the interaction in less than 1 minute.
Mizutani, in the same field of endeavor as Yang of SERS spectroscopy, teaches a duration of excitation and detection may take 10 seconds - 10 minutes (0181). At the time prior to the effective filing date of the invention it would have been obvious to one ordinary skill in the art to try to evaluate the interaction of a sample in less than 1 minute based upon the sample’s reaction time.
With respect to claim 8 according to claim 1, the combination wherein the method is configured for evaluating “Each spectrum had an acquisition time” the interaction in less than 1 minute “20 sec” (pg. 2, col 2, ¶ 1, lines 6-8 Ojeda-Galvan).
With respect to claim 9 according to claim 8, the combination teaches the method wherein the method does not substantially degrade “thermal denaturation” (abstract, lines 1-3 Ojeda-Galvan) the first composition or the second composition, wherein the degrading is heat derived degradation.
With respect to claim 11, Ojeda-Galvan teaches the method of evaluating an interaction between a first biomolecule and a second biomolecule, the method comprising the step of subjecting the interaction “intermolecular interactions” (pg. 6, ¶ 1, lines 21-22 Ojeda-Galvan) between the first biomolecule “protein molecules” and the second biomolecule “protein molecules” to Raman spectroscopy.
Ojeda-Galvan does not teach a temperature below 15 °C.
Materials Characterization, in the field of endeavor Raman spectroscopy, teaches the temperature of a samples may be heat up to 600°C via a heater to observe interactions which are sensitive to temperature (fig 1 & 2). At the time prior to the effective filing date, it would have been obvious to one of ordinary skill in the art to try set a temperature of a sample between 0 °C and 15 °C to observe interaction which occur at this range.
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The combination does not teach evaluating the interaction in less than 1 minute.
Mizutani, in the same field of endeavor as Yang of SERS spectroscopy, teaches a duration of excitation and detection may take 10 seconds - 10 minutes (0181). At the time prior to the effective filing date of the invention it would have been obvious to one ordinary skill in the art to try to evaluate the interaction of a sample in less than 1 minute based upon the sample’s reaction time.
With respect to claim 18 according to claim 11, the combination teaches the method wherein the method does not substantially degrade “thermal denaturation” (abstract, lines 1-3 Ojeda-Galvan) the first composition or the second composition, wherein the degrading is heat derived degradation.
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 MAURICE C SMITH whose telephone number is (571)272-2526. The examiner can normally be reached Monday-Friday 9am-5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kara Geisel can be reached at (571) 272-2416. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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[/MAURICE C SMITH/Examiner, Art Unit 2877
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