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
1. The information disclosure statement (IDS) submitted on 8/13/2024 and 9/05/2024 and are in compliance with the provisions of 37 CFR 1.97. According, the information disclosure statement is being considered by the Examiner. Applicant should note that the large number of references in the attached IDS have been considered by the examiner in the same manner as other documents in Office search files are considered by the examiner while conducting a search of the prior art in a proper field of search. See MPEP 609.05(b). Applicant is requested to point out any particular references in the IDS which they believe may be of particular relevance to the instant claimed invention in response to this office action.
Examiner Notes
2. Examiner cites particular paragraphs, columns and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Claim Rejections - 35 USC § 102
3. 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
4. Claims 1-4, 6-14, 16, 17, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stetson et al. (U.S. Pub. 2017/0343695; hereinafter “Stetson”).
Regarding claim 1, Stetson discloses a method for identifying patterns and associated functions or structural features in molecules (a method to identify a target molecule based on an identity of the complementary moiety and a detected magnetic effect change of the electron spin center caused by a change in position of the paramagnetic ion. See Abstract, paragraph [0216] and claim 5), the method comprising: measuring an electromagnetic field of a target molecule in at least two dimensions using an array of magnetic field sensor devices (a system detects a target molecule 10790 in a full three-dimensional magnetic field using an array of magnetometers comprising at least a magnetic effect detector 10740 detecting a magnetic effect change of corresponding electron spin centers 10732a-d and second effect detector 10750; figures 107-109, 113; paragraphs [0255, 0758, 0887, 0902, 0909]); identifying at least one pattern in the measured electromagnetic fields of the target molecule and the other molecules (a spin relaxometry based molecular sequencing pattern, wherein a paramagnetic ion 10782 provides a magnetic field which has a magnetic effect on each electron spin center 10732 that changes with the distance from each electron spin center 10732 to the paramagnetic ion 10782 and is detected by the magnetic effect detector 10740; figures 107-113; paragraphs ([0884, 0893, 0894]); and associating the at least one pattern with at least one function or structural feature of the target molecule (a processor 10740 includes information on the correspondence between complementary moieties and their respective associated spin centers as well as the arrangement of complementary moieties and their respective associated spin centers, such that based on results of the magnetic effects, the processor identifies the target molecules or target moieties; see figures 107-113; paragraphs [0906-0908]).
Regarding claim 2, Stetson discloses the method of claim 1, further comprising comparing the measured electromagnetic field of the target molecule with measured electromagnetic fields of other molecules to identify at least one common pattern in the measured electromagnetic fields of the target molecule and the other molecules (in spin relaxometry molecular sequencing the processor 10746 controls the magnetic effect detector 10740 to detect the magnetic effect of individual electron spin centers 10732 and based on results of the magnetic effect patterns, identifies where a complementary moiety attaches to a paramagnetic ion; see figures 107-113; paragraphs (0906-0908]); and associating the at least one common pattern with at least one common function or structural feature of the target molecule and the other molecules (based on results of the magnetic effect patterns, identifies the target molecules or target moieties based on the identity of the complementary moiety and the detected magnetic effect change; figures 107-113; paragraphs [0216, 0906-0908]).
Regarding claim 3, Stetson discloses the method of claim 1, wherein mapping the electromagnetic field comprises mapping the electromagnetic field of the target molecule in three dimensions (detects a target molecule 10790 in a full three-dimensional magnetic field using the spectral position of four electron spin resonances via an array of magnetometers to generate a taxonomy; figures 107-109, 113; paragraphs [0758, 1258]).
Regarding claim 4, Stetson discloses the method of claim 1, wherein mapping the electromagnetic field comprises mapping the electromagnetic field of the target molecule in at least two different planes (detects a target molecule 10790 in a full three-dimensional magnetic field, thus two different planes, using the spectral position of four electron spin resonances to generate a taxonomy; figures 107-109, 113; paragraphs ([0758, 1258]).
Regarding claim 6, Stetson discloses the method of claim 1, wherein the magnetic field sensor devices are superconducting quantum interference devices SQUIDs (the array of magnetometers is an array of SQUIDs; paragraph ([0255]).
Regarding claim 7, Stetson discloses the method of claim 1, wherein the magnetic field sensor devices are optically pumped magnetometer OPM sensor devices (optical excitation pulses 510, 530 are applied to optically pump electrons and measured using a suitable magnetometer to determine magnitude and direction of a magnetic field; paragraphs [0495, 0933]).
Regarding claim 8, Stetson discloses the method of claim 1, wherein the identifying comprises identifying at least one statistical pattern in the measured electromagnetic field of the target molecule as the at least one pattern (generates a Monte Carlo statistical set of dipole data for dipole field matching; paragraphs ([1014-1017]).
Regarding claim 9, Stetson discloses the method of claim 8, wherein the associating comprises associating the at least one statistical pattern to a sequence, structural feature, or function of the target molecule (Monte Carlo trials of dipole data determines a position and dipole moment of the magnetic source based on dipole field matching; paragraphs [1014, 1015-1017]).
Regarding claim 10, Stetson discloses the method of claim 1, wherein measuring the electromagnetic field of the target molecule comprises solvating the target molecule in a solvent (a target molecule 10790 is positioned within a fluid 10770; figure 107; paragraph [0892]); placing the solvated target molecule in a sensor arrangement comprising the array of magnetic field sensor devices (as shown in figure 107, a target molecule 10790 within fluid 10770 is in an array of magnetometers comprising at least magnetic effect detector 10740 and second effect detector 10750; figures 107-109, 113; paragraph [0892]); subjecting the solvated target molecule to a stimulus (as shown in figures 107 and 109, a light source 10742 is arranged to direct excitation light onto the electron spin center 10732 of target molecule 10790; figures 107, 109; paragraph [0896]); and acquiring a magnetic field generated by the solvated target molecule in response to the stimulus (magnetic effect detector 10740 detects the photoluminescence of an electron spin center 10732 and Includes light source 10742 arranged to direct excitation light onto the electron spin center 10732, and a light detector 10744 arranged to receive photoluminescence light from the electron spin center 10732 based on the excitation light, as shown in figure 107; figure 107; paragraph [0896]).
Regarding claim 11, Stetson discloses a system (see abstract), comprising: a sensor array configured for measuring or mapping an electromagnetic field generated by a target molecule (a system detects a target molecule 10790 using an array of magnetometers comprising at least a magnetic effect detector 10740 detecting a magnetic effect change of corresponding electron spin centers 10732a-d and second effect detector 10750; figures 107-109, 113; see paragraphs [0255, 0758, 0887, 0902, 0909]); a processing and storage arrangement configured for processing the electromagnetic field and storing the electromagnetic field after processing as a processed electromagnetic field (a processor 10746 controls the magnetic effect detector 10740 to detect the magnetic effect of individual of the electron spin centers 10732, and receives the results of magnetic effects from the magnetic effect detector 10740, wherein a detected magnetic field pattern can be stored e.g. in a digital medium; figure 184; paragraphs [0906, 0917, 1258]); and a pattern recognition module configured for identifying any patterns in the processed electromagnetic field (in a spin relaxometry based molecular sequencing pattern, system 10700 modules recognize and label complementary moieties specific to particular target molecules or moieties for improved identification, wherein processor 10740 is configured to include information regarding the identity of complementary moieties, target molecules, and target moieties, and further includes information on the correspondence between complementary moieties and associated spin centers, such that based on the results of the magnetic effects the system 10700 modules allow the complementary moieties to be labeled; figures 107-113; paragraphs [0884, 0907, 0908, 1326]).
Regarding claim 12, Stetson discloses the system of claim 11, wherein the pattern recognition module is configured for identifying at least one statistical pattern in the processed electromagnetic field of the target molecule (generates a Monte Carlo statistical set of dipole data for dipole field matching, wherein system 10700 modules allows complementary moieties to be labeled as specific to particular target molecules or moieties, the labeling providing improved identification of the target molecules or moieties; figures 107-113; paragraphs [0907, 1014-1017]).
Regarding claim 13, Stetson discloses the system of claim 12, wherein the pattern recognition module is further configured for associating the at least one statistical pattern to a sequence, structural feature, or function of the target molecule (the system modules are further configured for Monte Carlo trials of dipole data to determine a position and dipole moment of the magnetic source based on dipole field matching; paragraphs [1014, 1015-1017]).
Regarding claim 14, Stetson discloses the system of claim 11, wherein the pattern recognition module is configured for comparing the processed electromagnetic field of the target molecule with measured electromagnetic fields of other molecules to identify at least one common pattern in the processed electromagnetic fields of the target molecule and the other molecules and associating the at least one common pattern with at least one common function or structural feature of the target molecule and the other molecules (in spin relaxometry molecular sequencing, system 10700 modules comprising a processor 10746 control the magnetic effect detector 10740 to detect the magnetic effect of individual electron spin centers 10732 and based on results of the magnetic effect patterns, identifies where a complementary moiety attaches to a paramagnetic ion, and also based on results of the magnetic effect patterns, identifies the target molecules or target moieties based on the identity of the complementary moiety and the detected magnetic effect change; figures 107-113; paragraphs [0216, 0906-0908]).
Regarding claim 16, Stetson discloses the system of claim 11, wherein the sensor array is configured for measuring or mapping the electromagnetic field of the target molecule in three dimensions (detects a target molecule 10790 in a full three-dimensional magnetic field using the spectral position of four electron spin resonances via an array of magnetometers to generate a taxonomy; figures 107-109, 113; paragraphs [0758, 1258]).
Regarding claim 17, Stetson discloses the system of claim 11, wherein the sensor array is configured for measuring or mapping the electromagnetic field of the target molecule in at least two different planes (detects a target molecule 10790 in a full three-dimensional magnetic field, thus two different planes, using the spectral position of four electron spin resonances to generate a taxonomy; figures 107-109, 113; paragraphs [0758, 1258]).
Regarding claim 19, Stetson discloses the system of claim 11, wherein the sensor array comprises a plurality of superconducting quantum interference devices SQUIDS (the array of magnetometers is an array of SQUIDs; paragraph [0255]).
Regarding claim 20, Stetson discloses the system of claim 11, wherein the sensor array comprises a plurality of optically pumped magnetometer OPM sensor devices (optical excitation pulses 510, 530 are applied to optically pump electrons and measured using a suitable magnetometer to determine magnitude and direction of a magnetic field; paragraphs [0495, 0933]).
5. Claims 1-4, 6-14, 16, 17, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Litvinov et al. (U.S. Pub. 2010/0188075; hereinafter “Litvinov”).
Regarding claim 1, Litvinov discloses a method for identifying patterns and associated functions or structural features in molecules (a biomolecular sensor system includes an array of magnetoresistive nanosensors designed for sensing biomolecule-conjugated superparamagnetic nanoparticles, see abstract), the method comprising: measuring an electromagnetic field of a target molecule in at least two dimensions using an array of magnetic field sensor devices (An array of GMR sensors, of which the majority bear a single gold-thiol-bound thiolate DNA oligonucleotide, is exposed to soluble oligodeoxynucleotides which can hybridize with those on the sensor, each of which is attached to a superparamagnetic nanoparticle by avidin-biotin chemistry, to give an array of nanoparticle-bearing, largely double-stranded DNA strands on the GMR sensor array. The GMR signal from each sensor is recorded, optionally in the presence of a magnetic field or field gradient. A sample containing transcription factors potentially capable of binding to some of the double-stranded DNA constructs is added, and the GMR signals are again recorded, optionally in the presence of a magnetic field or field gradient. Changes in the GMR signals associated with some DNA sequences are interpreted as evidence of the presence of transcription factors capable of binding to those sequences. See [0092]); identifying at least one pattern in the measured electromagnetic fields of the target molecule and the other molecules (the cell's response to said stimulus is assessed by comparison of patterns of magnetic signals from an array of nanomagnetic sensors. In some such embodiments, the cell contains DNA encoding an enzyme involved in the metabolic function of producing magnetic particles. In some such embodiments, the enzyme is expressed under control of regulatory elements different from those by which it is controlled in the organism in which it is naturally expressed. See [0034]); and associating the at least one pattern with at least one function or structural feature of the target molecule (“Changes in the GMR signals associated with some DNA sequences are interpreted as evidence of the presence of transcription factors capable of binding to those sequences”, see [0092]. “The sample is applied to the surface of a nanomagnetic sensor array with 200 nm GMR sensors separated by 150 nm. If clusters of superparamagnetic nanoparticles are observed, with size, shape and variations in intensity consistent with the two different antibodies both binding to Giardia”, see [0102]).
Regarding claim 11, Litvinov discloses a system, comprising: a sensor array configured for measuring or mapping an electromagnetic field generated by a target molecule (An array of GMR sensors, of which the majority bear a single gold-thiol-bound thiolate DNA oligonucleotide, is exposed to soluble oligodeoxynucleotides which can hybridize with those on the sensor, each of which is attached to a superparamagnetic nanoparticle by avidin-biotin chemistry, to give an array of nanoparticle-bearing, largely double-stranded DNA strands on the GMR sensor array. The GMR signal from each sensor is recorded, optionally in the presence of a magnetic field or field gradient. A sample containing transcription factors potentially capable of binding to some of the double-stranded DNA constructs is added, and the GMR signals are again recorded, optionally in the presence of a magnetic field or field gradient. Changes in the GMR signals associated with some DNA sequences are interpreted as evidence of the presence of transcription factors capable of binding to those sequences. See [0092]); a processing and storage arrangement configured for processing the electromagnetic field and storing the electromagnetic field after processing as a processed electromagnetic field ((the cell's response to said stimulus is assessed by comparison of patterns of magnetic signals from an array of nanomagnetic sensors. In some such embodiments, the cell contains DNA encoding an enzyme involved in the metabolic function of producing magnetic particles. In some such embodiments, the enzyme is expressed under control of regulatory elements different from those by which it is controlled in the organism in which it is naturally expressed. See [0034])); and a pattern recognition module configured for identifying any patterns in the processed electromagnetic field (“Changes in the GMR signals associated with some DNA sequences are interpreted as evidence of the presence of transcription factors capable of binding to those sequences”, see [0092]. “The sample is applied to the surface of a nanomagnetic sensor array with 200 nm GMR sensors separated by 150 nm. If clusters of superparamagnetic nanoparticles are observed, with size, shape and variations in intensity consistent with the two different antibodies both binding to Giardia”, see [0102]).
Claim Rejections - 35 USC § 103
6. 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 of this title, 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.
7. Claims 5, 15, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Stetson in view of Avrin et al. (US. Pub. 2002/0077537; hereinafter “Avrin”).
Regarding claim 5, Stetson discloses the method of claim 1, except for explicitly specifying wherein the magnetic field sensor devices are magnetoresistive MR sensor devices. Avrin discloses a method, wherein the magnetic field sensor devices are magnetoresistive MR sensor devices (magnetoresistive MR sensors commercially available from Honeywell, Phillips, and other companies; figures 4, 5; paragraph [0017, 0019, 0046]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method as taught by Stetson to include magnetoresistive sensor devices as taught by Avrin, in order to benefit from the small size of magnetoresistive sensors which allows for space saving placement that is very close together (see paragraph [0124]).
Regarding claim 15, Stetson discloses the system of claim 14, except for explicitly specifying further comprising at least one machine learning module for assisting the pattern recognition module to identify the at least one common pattern. Avrin discloses further comprising at least one machine learning module for assisting the pattern recognition module to identify the at least one common pattern (statistical information is exploited using artificial intelligence, neural network and Bayesian techniques; paragraphs [0098, 0134]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system as taught by Stetson to include artificial intelligence, neural network and Bayesian techniques as taught by Avrin, in order to reduce errors in diagnosis via an integrated system for automated, computerized interpretation having ongoing data accumulation and analyses thereof to improve the computational model (see paragraph [0134]).
Regarding claim 18, Stetson discloses the system of claim 11 including the sensor array. Stetson lacks the explicit teaching of comprising a plurality of magnetoresistive MR sensor devices. Avrin discloses a system, comprising a plurality of magnetoresistive MR sensor devices (magnetoresistive MR sensors array commercially available from Honeywell, Phillips, and other companies; figures 4, 5; paragraph [0017, 0019, 0046, 0049, 0054]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system as taught by Stetson to include magnetoresistive sensor devices as taught by Avrin, in order to benefit from the small size of magnetoresistive sensors which allows for space saving placement that is very close together (see paragraph [0124]).
Prior Art of Record
8. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bangert (U.S Pub. 2007/0042506) discloses an apparatus is disclosed for carrying out an analysis process, in which probe molecules which are immobilized on a substrate within an analysis area are brought into contact with an analyte solution, which contains target molecules as reaction partners, and reaction events are detected between target molecules and probe molecules with the aid of magnetic marker particles which are coupled to the target molecules or to the probe molecules. An inhomogeneous magnetic field is applied to the analysis area before and/or after detection. In the apparatus, magnetic-field devices are provided at least for the production of an inhomogeneous magnetic field acting in the analysis area, with these magnetic-field devices being part of sequence control for determination of the bonding forces of the reaction events (see specification for more details).
Conclusion
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to THANG LE whose telephone number is (571)272-9349. The examiner can normally be reached on Monday thru Friday 7:30AM-5:00PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Phan can be reached on (571) 272-7924. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THANG X LE/Primary Examiner, Art Unit 2858
12/2/2025