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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 3/5/24 is being considered by the examiner.
Claim Status
Claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 27, 28, and 29 are pending and are examined. Claims 17 and 26 are cancelled.
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.
Claims 1, 2, 4, 7, 12, 15, 16, 18, 20, 21, 24, and 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ebstein (US Pub 2009/0279085).
Regarding Claim 1, Ebstein teaches a nanostructure comprising an isolated metallic base, metallic nano-protrusions comprising a first end and a second end; wherein, said first end is attached to said base and said second end is exposed to the environment; and wherein said metallic base and said metallic nano-protrusions comprise a noble metal or an alloy comprising a noble metal ([0082] One such structure is called black silicon, as micron-scale spikes formed on the surface of the silicon change the reflectivity of the silicon so its absorptance is significantly increased in the visible, and well into the infrared, spectrum. [0083] Another structure has nanoscale bumps or spikes when the base material is covered with water, or another liquid, during laser processing. [0173] In addition to the laser processing, other features of the substrates that will change their performance will depend on how the nanopatterned surfaces are metalized. The metalization material, whether silver, or gold, or another metal, will change both the SERS effect and the chemistry of the surface.).
Regarding Claim 2, Ebstein teaches the nanostructure of claim 1, wherein the shape of said nano-protrusions is selected from spikes, rounded structures, rods, balls, domes, squares, rectangles, oval, irregular-shaped or any combination thereof ([0082] One such structure is called black silicon, as micron-scale spikes formed on the surface of the silicon change the reflectivity of the silicon so its absorptance is significantly increased in the visible, and well into the infrared, spectrum. [0083] Another structure has nanoscale bumps or spikes when the base material is covered with water, or another liquid, during laser processing.)
Regarding Claim 4, Ebstein teaches the nanostructure of claim 2, wherein said base comprises a flattened shape, wherein the length of at least one lateral dimension of said shape is larger than the height of said shape; or wherein said base comprises a non-flattened shape, wherein the length of at least one lateral dimension of said shape is smaller or equivalent to the height of said shape ([0141] The greatly increased surface area of the substrate is another feature of the invention that offers advantages over competing approaches. The nanostructured material has a much greater surface area than a similar sized flat surface.).
Regarding Claim 7, Ebstein teaches the nanostructure of claim 1, wherein at least a portion of said base is covered by said nano-protrusions ([0158] In the case of semiconductor and metal surfaces, it leads to formation of spikes. When the surface is processed in a gas, which may react with the substrate material, micron sized spikes with large aspect ratios (height/base) are formed.).
Regarding Claim 12, Ebstein teaches the nanostructure of claim 4, wherein said flattened shape assumes a hexagonal, rectangular, circular, oval, triangular or cylindrical shape ([0159] Fig. 5 The titanium surface forms quasi-cylindrical ridges.).
Regarding Claim 15, Ebstein teaches the nanostructure of claim 1, wherein said noble metal comprises any of the following selected from: Au, Ru, Rh, Pd, Ag, Re, Os,Ir and Pt ([0173] In addition to the laser processing, other features of the substrates that will change their performance will depend on how the nanopatterned surfaces are metalized. The metalization material, whether silver, or gold (Au), or another metal, will change both the SERS effect and the chemistry of the surface.).
Regarding Claim 16, Ebstein teaches the nanostructure of claim 1, wherein said alloy is a gold alloy ([0066] The structural element 320 includes a number of metal layers formed in a patterned arrangement. In an embodiment, the layers of the nanostructural element are formed in a periodic arrangement of alternating radiation-focusing metal layers and catalyzing metal layers. In some embodiments, the radiation-focusing metal layer may contain one or more metals from the group including Au, Al, Ag, Cu, or combinations thereof. In some cases, certain metals such as Al may be more inexpensive than other metals, such as Au or Ag. In some embodiments, the catalyzing metal layer may contain one or more metals from the group including Co, Ag, Cu, Fe, Ni, Ti, or combinations thereof. Metal layers (e.g., radiation-focusing and catalyzing) provided in the nanostructured element may be metal alloys or mixtures.).
Regarding Claim 18, Ebstein teaches the nanostructure of claim 1, wherein said alloy is selected from alloys comprising Ru, Rh, Pd, Ag, Re, Os, Ir and Pt ([0066] The structural element 320 includes a number of metal layers formed in a patterned arrangement. In an embodiment, the layers of the nanostructural element are formed in a periodic arrangement of alternating radiation-focusing metal layers and catalyzing metal layers. In some embodiments, the radiation-focusing metal layer may contain one or more metals from the group including Au, Al, Ag, Cu, or combinations thereof. In some cases, certain metals such as Al may be more inexpensive than other metals, such as Au or Ag. In some embodiments, the catalyzing metal layer may contain one or more metals from the group including Co, Ag, Cu, Fe, Ni, Ti, or combinations thereof. Metal layers (e.g., radiation-focusing and catalyzing) provided in the nanostructured element may be metal alloys or mixtures.).
Regarding Claim 19, Ebstein teaches the nanostructure of claim 1, wherein the length of said nano-protrusions ranges between 1 nm and 10 pm.
Regarding Claim 20, Ebstein teaches the nanostructure of claim 1, further comprising a substrate wherein said base of said nanostructure is attached to said substrate ([0115] The ability to micropattern the surface of the base material (e.g., a semiconductor or metal material) and do other laser machining is particularly interesting for the application of this novel substrate to arrays. Microarrayed patterns of nanostructures can be fabricated that will allow these substrates to be used in a manner similar to microarrays that are used for genomic and proteomic screening.).
Regarding Claim 21, Ebstein teaches the nanostructure of claim 20, wherein said nanostructure is at least partially embedded in said substrate ([0081] These nanostructures are either produced in a metal substrate or the nanostructured surface is subsequently metalized so as to form the complete substrate which can provide the desired optical effect, e.g., for SERS applications.).
Regarding Claim 24, Ebstein teaches an array of nanostructures attached to a substrate, said nanostructures comprise the nanostructure of claim 1 ([0081] The femtosecond laser irradiation of the semiconductor or metal structure (e.g., silicon) in the appropriate environment can produce a variety of interesting nanostructures. These nanostructures are either produced in a metal substrate or the nanostructured surface is subsequently metalized so as to form the complete substrate which can provide the desired optical effect, e.g., for SERS applications.).
Regarding Claim 25, Ebstein teaches the array of claim 24, wherein said substrate comprises silicon dioxide or glass ([0126] First, it is possible to add a thin overcoat of glass (e.g., silicon dioxide) to the substrate.).
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.
Claims 3, 5, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Ebstein (US Pub 2009/0279085), in view of Shen (US Pub 2017/0282147).
Regarding Claim 3, Ebstein teaches the nanostructure of claim 1.
Ebstein is silent to the length of at least one dimension of said nanostructure ranges between 1 nm and 2 mm.
Shen teaches structural elements of nanostructures bound on a substrate have an average height of greater than 100 nm, greater than 500 nm, or greater than 1 micron. Structural elements of nanostructures may have any suitable thickness, for example, less than 1 micron, less than 500 nm, less than 200 nm, or less than 100 nm in thickness.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the length of at least one dimension of said nanostructure ranges between 1 nm and 2 mm, as taught by Shen, in the device of Ebstein, for nanostructures to have any suitable geometry and dimensions.
Regarding Claim 5, Ebstein teaches the nanostructure of claim 4.
Ebstein is silent to the length of at least one lateral dimension of said base ranges between 1 nm and 100 pm.
Shen teaches structural elements of nanostructures bound on a substrate have an average height of greater than 100 nm, greater than 500 nm, or greater than 1 micron. Structural elements of nanostructures may have any suitable thickness, for example, less than 1 micron, less than 500 nm, less than 200 nm, or less than 100 nm in thickness.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the length of at least one lateral dimension of said base ranges between 1 nm and 100 pm, as taught by Shen, in the device of Ebstein, for nanostructures to have any suitable geometry and dimensions.
Regarding Claim 6, Ebstein teaches the nanostructure of claim 4.
Ebstein is silent to the height of said base ranges between 1 nm and 1 pm.
Shen teaches [0070] the thickness of a layer of a structural element may be less than about 100 nm, or less than about 50 nm (e.g., having a thickness of 20 nm).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the height of said base ranges between 1 nm and 1 pm, as taught by Shen, in the device of Ebstein, for nanostructures to have any suitable geometry and dimensions.
Claims 8, 9, 10, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Ebstein (US Pub 2009/0279085), in view of Hunter (US Patent 8,877,636).
Regarding Claims 8, 9, 10, and 11, Ebstein teaches the nanostructure of claim 7.
Ebstein is silent to said base comprises at least one facet, said at least one facet is covered by said nano-protrusions, one portion of said at least one facet is covered by said nano-protrusions and another portion of said facet is not covered by said nano-protrusions, the inner area on the surface of said facet is covered by said nano-protrusions and the outer perimeter area of said facet is not covered by said nano-protrusions.
Lopez teaches in the related art of a nanostructured device. [0094] The very high aspect ratios of FIGS. 5A and 5B were achieved using highly anisotropic wet chemical etching of crystalline Si in KOH, which exhibits a etch-rate selectivity for etching the plane relative to the plane of Si. Thus, the vertical sidewalls are nearly perfect Si facets. These structures may be further modified by oxidation. This provides insulation between the Si and the surrounding material (allowing electrophoretic fluidic manipulation) and varies the surface interactions between the nanostructure and the surrounding materials for fluidic applications.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added at least one facet, said at least one facet is covered by said nano-protrusions, one portion of said at least one facet is covered by said nano-protrusions and another portion of said facet is not covered by said nano-protrusions, the inner area on the surface of said facet is covered by said nano-protrusions and the outer perimeter area of said facet is not covered by said nano-protrusions, as taught by Lopez, in the device of Ebstein, to allow for broadening the available classes of materials for which deep, high aspect ratio structures suitable for nanofluidic applications may be fabricated, as taught by Lopez, in [0094].
Claim 13 are rejected under 35 U.S.C. 103 as being unpatentable over Ebstein (US Pub 2009/0279085), in view of Hunter (US Patent 8,877,636).
Regarding Claim 13, Ebstein teaches the nanostructure of claim 1.
Ebstein is silent to the number of nano-protrusions of each nanostructure ranges between 2 and 1,000,000.
Hunter teaches in the related art of nanostructures. the number of aligned nanostructures bridging each sawtooth varied. For instance, in an example sensor constructed using MWCNTs as the nanostructures, the number varied between 1 and 11 bridging each sawtooth, with an average of approximately 4.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have selected the the number of nano-protrusions of each nanostructure ranges between 2 and 1,000,000, as taught by Hunter, to allow for enhanced sensing, as taught by Hunter.
Claims 14, 22, 23, 27, 28, and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Ebstein (US Pub 2009/0279085), in view of Hwang (US Pub 2011/0318695).
Regarding Claim 14, Ebstein teaches the nanostructure of claim 1.
Ebstein is silent to the spacing between the nano- protrusions ranges between 1 nm and 100 nm.
Hwang teaches in the related art of nanostructures. [0003] it requires the generation of nanostructures of metals, semiconductors, metal oxides, polymers and biologically active molecules with well-defined feature size, shape, spacing, orientation and properties.
Although Hwang teaches spacing between nanostructures, modified Hwang is silent to ranges between 1 nm and 100 nm. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the spacing, as taught by modified Ebstein, to be between 1 nm and 100 nm, to allow for simultaneous sensing between different molecules.
Regarding Claim 22, Ebstein teaches the nanostructure of claim 1.
Ebstein is silent to said nanostructure is crystalline.
Hwang teaches in the related art of nanostructures. [0019] FIGS. 10A-10B: Simulations of light propagation through NSOM microapertures micromachined in crystalline silicon. [0020] FIGS. 11A-11B: Simulations of light propagation through NSOM apertures micromachined in crystalline silicon and fitted with focusing microlenses. For instance, the subject methods and systems find use in the production of three-dimensional photonic crystals. Three-dimensional photonic crystals may find use in telecommunication applications as all-optical signal processing, and also as transistors for light and optical computers.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have selected a crystalline structure, as taught by Hwang, for the nanostructure in the device of Ebstein, to allow for all-optical signal processing, as taught by Hwang, in [0095].
Regarding Claim 23, Ebstein teaches the nanostructure of claim 22.
Ebstein is silent to said nanostructure is polycrystalline or is a single crystal.
Hwang teaches in the related art of nanostructures. [0019] FIGS. 10A-10B: Simulations of light propagation through NSOM microapertures micromachined in crystalline silicon. [0020] FIGS. 11A-11B: Simulations of light propagation through NSOM apertures micromachined in crystalline silicon and fitted with focusing microlenses. For instance, the subject methods and systems find use in the production of three-dimensional photonic crystals. Three-dimensional photonic crystals may find use in telecommunication applications as all-optical signal processing, and also as transistors for light and optical computers.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have selected a crystalline structure, as taught by Hwang, for the nanostructure in the device of Ebstein, to allow for all-optical signal processing, as taught by Hwang, in [0095].
Regarding Claim 27, Ebstein teaches the array of claim 24.
Ebstein is silent to the spacing between adjacent nanostructures ranges between 1 nm and 10 pm.
Hwang teaches in the related art of nanostructures. [0003] it requires the generation of nanostructures of metals, semiconductors, metal oxides, polymers and biologically active molecules with well-defined feature size, shape, spacing, orientation and properties.
Although Hwang teaches spacing between nanostructures, modified Hwang is silent to ranges between 1 nm and 100 nm. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the spacing, as taught by modified Ebstein, to be between 1 nm and 10 pm, to allow for simultaneous sensing between different molecules.
Regarding Claim 28, Ebstein teaches a system for performing analysis of an analyte, said system comprising:
an array of nanostructures attached to a substrate, said nanostructures comprise the nanostructure of claim 1, wherein said analyte is bound directly or indirectly to said nanostructure;
a light source; a light detector ([0024] A detection apparatus is provided consisting of (i) a light source to irradiate the nanostructured, metalized region (or a portion thereof) and the analyte, and (ii) an optical detector to sense the scattered radiation. In particular, a narrowband laser and a spectrometer are provided which determine the Surface Enhanced Raman Spectrum (SERS) of the analyte material near the nanostructured, metalized surface.);
wherein said light source is configured to irradiate said array, said detector is configured to detect optical signals obtained from said array and said processor is configured to process said signal to yield analytical results ([0082] One such structure is called black silicon, as micron-scale spikes formed on the surface of the silicon change the reflectivity of the silicon so its absorptance is significantly increased in the visible, and well into the infrared, spectrum. [0083] Another structure has nanoscale bumps or spikes when the base material is covered with water, or another liquid, during laser processing. [0173] In addition to the laser processing, other features of the substrates that will change their performance will depend on how the nanopatterned surfaces are metalized. The metalization material, whether silver, or gold, or another metal, will change both the SERS effect and the chemistry of the surface.).
Ebstein is silent to a processor.
Hwang teaches in the related art of nanostructures. [0093] In these embodiments, the system may further include a processor.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added a processor, as taught by Hwang, to the Ebstein, for processing operations for the device, as taught by Hwang, in [0093].
Regarding Claim 29, Ebstein teaches the system of claim 28, wherein said analyte comprises an atom, an ion, a molecule, a chemical compound, a biomolecule, a nanoparticle, a biological cell, a component of a biological cell, a toxin, a polymer, a perfluoromolecule or any combination thereof ([0132] The ability of various analyte molecules to adsorb onto the nanopatterned surface and to coat the surface with target molecules depends on the compatibility and affinity of the two materials (i.e., the analyte material and the substrate material), and whether the substrate can be wetted.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACQUELINE BRAZIN whose telephone number is (571)270-1457. The examiner can normally be reached M-F 8-5.
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/JB/
/CHARLES CAPOZZI/Supervisory Patent Examiner, Art Unit 1798
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