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 .
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) 1-9, 11-14, 17-19, 21-25, and 32-45 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Atanackovic (2018/0042511).
Regarding claim 1, Atanackovic discloses a system for detecting a target in a medium comprising: a light-emitting diode operating at a single wavelength in a deep ultraviolet (UV) range for excitation of a target in a medium (Atanackovic, [0053], selective UV excitation 712, uch as, UVC wavelength band solid-state LEDs 710); and a plurality of semiconductor photodetectors (Atanackovic, [0048], detectors 432); wherein the system is configured such that each semiconductor photodetector detects only a subset of emission from the excited target (Atanackovic, [0049]).
Regarding claim 2, Atanackovic further discloses the emission is in a detection range of 300-400 nm. (Atanackovic, [0066])
Regarding claim 3, Atanackovic further discloses the system configuration for each semiconductor photodetector detecting only a subset of emission from the excited target comprises each semiconductor photodetector having a different filter applied thereto (Atanackovic, [0066]) or a grating element to split the emission from the excited target such that each semiconductor photodetector detecting only a subset of emission from the excited target.
Regarding claim 4, Atanackovic further discloses the system comprises at least six semiconductor photodetectors. (Atanackovic, Fig. 7, 12 shown)
Regarding claim 5, Atanackovic further discloses the plurality of semiconductor photodetectors are avalanche photodiode detectors or silicon sensors. (Atanackovic, [0048])
Regarding claim 6, Atanackovic further discloses a processor configured to process data received from the plurality of semiconductor photodetectors. (Atanackovic, [0050], signal processor 440)
Regarding claim 7, Atanackovic further discloses the processor is integrated into the system. (Atanackovic, [0050])
Regarding claim 8, Atanackovic further discloses the processor is remote from the system. (Atanackovic, [0050])
Regarding claim 9, Atanackovic further discloses the processor is a computer, smart phone, or microcontroller. (Atanackovic, [0050])
Regarding claim 11, Atanackovic discloses a method of providing information regarding a medium, the method comprising: providing a system comprising a light-emitting diode operating at a single wavelength in a deep ultraviolet (UV) range for excitation of a target in a medium (Atanackovic, [0053]); and a plurality of semiconductor photodetectors (Atanackovic, [0048]); wherein the system is configured such that each semiconductor photodetector detects only a subset of emission from the excited target (Atanackovic, [0049]); exposing a medium comprising one or more target analytes to at least a single wavelength in the deep UV spectrum from the light-emitting diode of the system to thereby excite the target analyte in the medium (Atanackovic, [0051] describing excitation mode); detecting emission from the excited one or more target analytes via the plurality of semiconductor photodetectors of the system to thereby produce emission data (id.); and processing the emission data, thereby providing information regarding the medium (id.).
Regarding claim 12, Atanackovic further discloses the medium is selected from the group consisting of a biofluid, water, an aluminum surface, a stainless steel surface, a granite surface, a ceramic surface, a plastic surface, and a metallic surface. (Atanackovic, [0053])
Regarding claim 13, Atanackovic further discloses the target analyte is selected from the group consisting of a microorganism, a biomolecule, and a chemical. (Atanackovic, [0045])
Regarding claim 14, Atanackovic further discloses the medium is water and the target analyte is one or more pathogens. (Atanackovic, [0053], [0002], [0003])
Regarding claim 17, Atanackovic further discloses processing the emission data comprises identifying presence of one or more target analytes in the medium. (Atanackovic, [0003])
Regarding claim 18, Atanackovic further discloses processing the emission data further comprises identifying the one or more target analytes in the medium. (Atanackovic, [0002], [0003])
Regarding claim 19, Atanackovic further discloses quantifying the one or more target analytes in the medium. (Atanackovic, [0002], [0003])
Regarding claim 21, Atanackovic discloses a system for analyzing a sample medium, the system comprising a processor coupled to a non-transitory memory configured to cause the system to: receive sample data associated with a sample medium, wherein the sample data comprises identification of a source of the sample medium and spectral data of the sample medium comprising one or more analytes (Atanackovic, [0057]); compare the sample data to a reference dataset comprising a plurality of reference spectra, wherein each of the plurality of reference spectra comprises a spectral profile associated with an identified medium that comprises an identified level of one or more identified analytes in the identified medium; and determine whether the sample data matches one of the plurality of reference spectra (Atanackovic, [0058]-[0060]).
Regarding claim 22, Atanackovic further discloses if the processor determines that the sample data matches one of the plurality of reference spectra, the processor is further configured to: generate a sample medium quality score for the sample medium based on the identification of the one or more analytes in the sample medium and a level of the one or more analytes in the sample medium. (Atanackovic, [0060])
Regarding claim 23, Atanackovic further discloses the processor is further configured to: output the sample medium quality score to a user interface. (Atanackovic, [0060], charts shown and Matlab code references indicate ordinary computer UI output)
Regarding claim 24, Atanackovic further discloses the user interface is integrated into the system comprising the processor. (Both system on chip and remote processing contemplated at [0050])
Regarding claim 25, Atanackovic further discloses the user interface is remote from the system comprising the processor. (System on chip processor option of [0050] requires a remote display)
Regarding claim 32, Atanackovic further discloses the spectral data of the sample medium comprising one or more analytes is deep ultraviolet (UV) spectral data and each of the first plurality of first reference spectra is deep ultraviolet (UV) reference spectra. (Atanackovic, [0034])
Regarding claim 33Atanackovic discloses a system for analyzing a sample, the system comprising: an excitation source for exciting a sample medium comprising one or more analytes (Atanackovic, [0039], LED or laser diode); a detector for receiving spectral data of the sample medium comprising the one or more analytes (Atanackovic, [0039], CCD array); and a processor operably associated with the system, the processor being coupled to a non- transitory memory configured to cause the system to: receive sample data associated with the sample medium, wherein the sample data comprises identification of a source of the sample medium and the spectral data of the sample medium comprising the one or more analytes; compare the sample data to a reference dataset comprising a plurality of reference spectra, wherein each of the plurality of reference spectra comprises a spectral profile associated with an identified medium that comprises an identified level of one or more identified analytes in the identified medium; and determine whether the sample data matches one of the plurality of reference spectra. (Atanackovic, [0050], processor and compound identification described)
Claims 34-44 contain material discussed above.
Regarding claim 45, Atanackovic further discloses the processor is a computer, smart phone, or microcontroller (Atanackovic, [0050])
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.
Claim(s) 10, 15, 16, 20, 26-31, and 46 are rejected under 35 U.S.C. 103 as being unpatentable over Atanackovic.
Regarding claims 10 and 46, Atanakovic lacks explicit teaching of the system is a portable, handheld, point-and- shoot system.
However, making a device portable, in itself, is not sufficient to impart patentability to an otherwise known device. See MPEP 2144.04(V)(A) citing In re Lindberg, 194 F.2d 732, 93 USPQ 23 (CCPA 1952)
Regarding claims 15 and 16, the method must be performed either in or outside Earth’s atmospheric conditions. Atanakovic does not disclose whether the measurements are performed on Earth or in space, but one of ordinary skill in the art would assume terrestrial operation. Further, as the phenomena of absorption and fluorescence do not rely on either gravity or atmospheric conditions, the operation of the device outside the Earth’s atmosphere would be presumptively reasonable.
Regarding claim 20, Atanakovic does not disclose displaying on a graphical user interface results of the processing step. However GUI output display is well-known as of Applicant’s priority date of 2018, and the use of known digital output methods, including GUI, would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention.
Regarding claim 26, Atanackovic further discloses if the processor determines that the sample data does not match any of the plurality of reference spectra in the reference dataset, the processor is further configured to: compare the sample data to the reference spectra in the reference dataset for an identified contaminant in one or more of the reference spectra; and determine whether the sample data matches an identified contaminant in one or more of the plurality of reference spectra, wherein one or more matches identifies one or more contaminants in the sample medium. (Atanackovic teaches in [0053] the identification of biomolecular materials generally, designation of a particular material as a sample material or a known contaminant is arbitrary)
Regarding claim 27, Atanackovic further teaches the processor is further configured to: quantify an amount of at least one of the one or more contaminants in the sample medium. (Atanackovic, throughout, this is the purpose of an assaying biosensor)
Regarding claim 28, Atanackovic further teaches the processor is further configured to: output an identification and quantification of the one or more contaminants in the sample medium to a user interface (Atanackovic, [0060], charts shown and Matlab code references indicate ordinary computer UI output)
Regarding claim 29, Atanackovic further teaches processor is further configured to: output the sample medium quality score to a user interface. (id.)
Regarding claim 30, Atanackovic further teaches the user interface is integrated into the system comprising the processor. (Atanackovic, [0050], both system on a chip and remote processing designs are considered)
Regarding claim 31, Atanackovic further teaches the user interface is remote from the system comprising the processor. (Atanackovic, [0050], system on chip design requires remote output)
Claims 47-57 and 77-89 are rejected under 35 U.S.C. 103 as being unpatentable over Atanackovic in view of Christensen et al. (8,269,193).
Regarding claim 47, Atanackovic teaches a system for detecting a target in a water source comprising:a light-emitting diode operating at a single wavelength in a deep ultraviolet (UV) range for excitation of a target in a water source; and a semiconductor photodetector that detects emission from the excited target and provides a readout if a detection level exceeds a threshold,
Atanackovic lacks explicit teaching of wherein the system is provided in a housing sized and configured to mate with a top of a drinking glass.
Christensen teaches a similar device having a housing sized and configured to mate with the top of a glass. Drinking from the glass is optional. (Christensen, Figs. 9A, 9B)
It would have been obvious to one of ordinary skill in the art to adapt the analysis technique of Atanackovic to the form factor of Christensen in order to detect biological components (Atanackovic) in a larger fluid sample (Christensen).
Regarding claim 48, the combination of Atanackovic and Christensen lacks explicit teaching of the housing has a unitary configuration with a conical shape, however this is merely a change in shape and not sufficient to patentably distinguish the claimed subject matter from the prior art of record absent unexpected results. See MPEP 2144.04(I) and 2144.04(IV)(A).
Regarding claim 49, the combination of Atanackovic and Christensen further teaches the housing comprises a plurality of components including a base or tripod. (Christensen, Figs. 9A, 9B)
Regarding claim 50, the combination of Atanackovic and Christensen further teaches the system is a portable, handheld, point-and-shoot system. (Christensen, Figs. 9A, 9B)
Regarding claim 51, the combination of Atanackovic lacks explicit teaching of the threshold detection level is a total microbial load or a bioburden, however once the components of the subject are analyzed and identified, summing the results is trivial.
Regarding claim 52, the combination of Atanackovic and Christensen further teaches the emission is in a detection range of 300-400 nm. (Christensen, Col. 11 Lines 55-57; Atanackovic, [0034])
Regarding claim 53, the combination of Atanackovic and Christensen further teaches the semiconductor photodetector is an avalanche photodiode detector or a silicon sensor.
Claims 54-57 contain material previously discussed as being present in Atanackovic, see above with respect to 35 U.S.C. 102.
Regarding claim 77, Atanackovic teaches a method of providing information regarding a medium, the method comprising: providing a system comprising a light-emitting diode operating at a single wavelength in a deep ultraviolet (UV) range for excitation of a target in a medium, and a semiconductor photodetector that detects emission from the excited target, exposing a medium comprising one or more target analytes to at least a single wavelength in the deep UV spectrum from the light-emitting diode of the system to thereby excite the target analyte in the medium; detecting emission from the excited one or more target analytes via the semiconductor photodetector to thereby produce emission data; and outputting a read if the emission data exceeds a threshold detection level, thereby providing information regarding the medium. (See above)
Atanackovic lacks explicit teaching of the system provided in a housing sized and configured to mate with a top of a drinking glass.
Christensen teaches a similar device having a housing sized and configured to mate with the top of a glass. Drinking from the glass is optional. (Christensen, Figs. 9A, 9B)
It would have been obvious to one of ordinary skill in the art to adapt the analysis technique of Atanackovic to the form factor of Christensen in order to detect biological components (Atanackovic) in a larger fluid sample (Christensen).
Claims 78-89 have material present in Atanackovic, discussed above.
Claims 58-76 are rejected under 35 U.S.C. 103 as being unpatentable over Atanackovic in view of Wynn (2012/0061579).
Regarding claim 58, Atanackovic teaches a system for detecting a target in a water source comprising: a light-emitting diode operating at a single wavelength in a deep ultraviolet (UV) range for excitation of a target in a water source; and a semiconductor photodetector that detects emission from the excited target and provides a readout if a detection level exceeds a threshold,
Atanackovic lacks explicit teaching of wherein the system is configured to be coupled in-line to the water source.
Wynn teaches an inline ultraviolet source/detector system configured for UV measurement in-line. (Wynn, throughout)
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to adapt the bio-sensor of Atanackovic into the form factor of Wynn in order to test a flowing source for biochemical compounds.
Regarding claims 59-65, each of these limitations has been discussed prior as being present in Atanackovic.
Regarding claim 66, Atanackovic teaches a method of providing information regarding a medium, the method comprising:providing a system comprising a light-emitting diode operating at a single wavelength in a deep ultraviolet (UV) range for excitation of a target in a medium, and a semiconductor photodetector that detects emission from the excited target,; exposing a medium comprising one or more target analytes to at least a single wavelength in the deep UV spectrum from the light-emitting diode of the system to thereby excite the target analyte in the medium;detecting emissionfrom the excited one ormore target analytes via the semiconductor photodetector to thereby produce emission data; andoutputting a read if the emission data exceeds a threshold detection level, thereby providing information regarding the medium. (See above)
Atanackovic lacks explicit teaching of the system is configured to be coupled in-line to the medium.
Wynn teaches an inline ultraviolet source/detector system configured for UV measurement in-line. (Wynn, throughout)
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to adapt the bio-sensor of Atanackovic into the form factor of Wynn in order to test a flowing source for biochemical compounds.
Regarding claim 67, the combination of Atanackovic and Wynn lacks explicit teaching of the threshold detection level is a total microbial load or a bioburden, however once the components of the subject are analyzed and identified, summing the results is trivial.
Regarding claim 68, the combination of Atanackovic and Wynn further teaches the medium is selected from the group consisting of a biofluid, water, an aluminum surface, a stainless steel surface, a granite surface, a ceramic surface, a plastic surface, and a metallic surface. (Atanackovic, Wynn, apparent water solution)
Regarding claim 69, the combination of Atanackovic and Wynn further teaches the target analyte is selected from the group consisting of a microorganism, a biomolecule, and a chemical. (Atanackovic, [0002])
Regarding claim 70, the combination of Atanackovic and Wynn further teaches the medium is water and the target analyte is one or more pathogens. (Atanackovic, [0002], [0053])
Regarding claims 71 and 72, none of the recited processes depend on atmospheric conditions or gravity, and may therefore be used terrestrially or extra-terrestrially depending on the transportation means available to the user.
Regarding claim 73, the combination of Atanackovic and Wynn further teaches processing the emission data comprises identifying presence of one or more target analytes in the medium. (Atanackovic, [0045])
Regarding claim 74, the combination of Atanackovic and Wynn further teaches processing the emission data further comprises identifying the one or more target analytes in the medium. (Atanackovic, [0060])
Regarding claim 75, the combination of Atanackovic and Wynn further teaches processing the emission data further comprises quantifying the one or more target analytes in the medium. (Atanackovic, [0045],[0060])
Regarding claim 76, the combination of Atanackovic and Wynn further teaches displaying on a graphical user interface results of the processing step. (GUIs are entirely routine, and were so well prior to Applicant’s filing date of 2018. Use of same for its ordinary purpose is obvious)
Conclusion
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/EDWIN C GUNBERG/ Primary Examiner, Art Unit 2884