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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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3. Claims 1-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-21 of U.S. Patent No. 12,140,529. Although the claims at issue are not identical, they are not patentably distinct from each other because it would be obvious to one skilled in the art at the time of the invention that the metal layer, when applied to the nanostructures would produce a plurality of holes in the metal layer around the nanostructures formed on the substrate
Patent 12,140,529 Application 18/801,603
Claim 1. A method of manufacturing a colorimetric sensor for detecting an analyte of interest in a fluid sample, the method comprising:
Claim 1. A method of manufacturing a colorimetric sensor for detecting an analyte of interest, the method comprising:
forming, for a sensor, a plurality of nanostructures on a substrate; applying metal to at least a portion of the plurality of nanostructures and to at least a portion of the substrate;
forming, for a sensor, a plurality of nanostructures on a substrate, wherein forming the plurality of nanostructures on the substrate comprises selecting one of a size, a shape, and a periodicity of the plurality of nanostructures to create a first color on the substrate;
a metal layer disposed upon the substrate and defining a plurality of holes;
Although the claims at issue are not identical, they are not patentably distinct from each other because it would be obvious to one skilled in the art at the time of the invention that selecting one of a size, shape, and a periodicity of nanostructures to create a first color on a substrate because it is the fundamental in designing colorimetric sensors and therefore creating optimal resonance.
Although the claims at issue are not identical, they are not patentably distinct from each other because it would be obvious to one skilled in the art at the time of the invention that the metal layer, when applied to the nanostructures would produce a plurality of holes in the metal layer around the nanostructures formed on the substrate.
and covering at least one of the plurality of nanostructures and the applied metal with a first molecularly imprinted polymer layer that defines a cavity shaped to receive an analyte of interest,
covering at least one of the plurality of nanostructures and the plurality of holes with a first layer of receptors to receive an analyte of interest;
Anticipated
wherein the sensor is configured such that, when the analyte of interest contacts the first molecularly imprinted polymer layer and becomes disposed within the cavity,
and configuring the sensor such that, when the analyte of interest binds to the first layer of receptors,
an optical property of at least a portion of the sensor changes to cause a detectable color change in the at least the portion of the sensor;
an optical property of at least a portion of the sensor changes to cause a detectable color change of the first color in the at least the portion of the sensor to create a second color on the substrate
Although the claims at issue are not identical, they are not patentably distinct from each other because it would be obvious to one skilled in the art at the time of the invention that the sensor changes color from a first color and a second color on the substrate because the target analyte triggers a chemical reaction changing the sensors material interact with visible light.
wherein forming the plurality of nanostructures on the substrate comprises one of: coating a surface of the substrate with a coating of at least one of a dielectric material,
Claim 2. The method of claim 1, wherein forming the plurality of nanostructures on the substrate further comprises one of: coating a surface of the substrate with a coating of at least one of a dielectric material,
a second molecularly imprinted polymer, or a blend of the dielectric material and the second molecularly imprinted polymer, and imprinting the plurality of nanostructures in the coating;
a molecularly imprinted polymer, or a blend of the dielectric material and the molecularly imprinted polymer, and imprinting the plurality of nanostructures in the coating;
Anticipated
and self-assembling a layer of nanostructures on the surface of the substrate.
and self-assembling a layer of nanostructures on the surface of the substrate.
2. The method of claim 1, wherein the coating comprises a thickness between about 1 nanometer and about 2 micrometers.
3. The method of claim 1, wherein the plurality of nanostructures are
imprinted using a mold.
3.The method of claim 1, wherein the metal layer comprises a thickness between about 1 nanometer and about 2 micrometers.
4. The method of claim 1, wherein the plurality of nanostructures are imprinted using a mold.
4. The method of claim 3, wherein the mold is coated with a release agent.
5. The method of claim 4, wherein the mold is coated with a release agent.
5. The method of claim 4, wherein the release agent comprises at least one of a fluorocarbon release agent, a fluorosilane release agent, a polybenzoxazine release agent, or combinations thereof.
6. The method of claim 5, wherein the release agent comprises at least one of a fluorocarbon release agent, a fluorosilane release agent, a polybenzoxazine release agent, or combinations thereof.
6. The method of claim 1, wherein at least some of the plurality of nanostructures are nanoposts.
7. The method of claim 1, wherein at least some of the plurality of nanostructures are nanoposts.
7. The method of claim 1, wherein at least some of the plurality of nanostructures are nanospheres.
8. The method of claim 1, wherein at least some of the plurality of nanostructures are nanospheres.
8. The method of claim 7, wherein forming the plurality of nanostructures on the substrate further comprises shrinking the nanospheres.
9. The method of claim 8, wherein forming the plurality of nanostructures on the substrate further comprises shrinking the nanospheres.
9. The method of claim 8, wherein the nanospheres are shrunk by an oxygen plasma process.
10. The method of claim 9, wherein the nanospheres are shrunk by an oxygen plasma process.
10. The method of claim 8, wherein at least a portion of the nanospheres that are shrunk comprises a diameter between about 1 nanometer and about 2 micrometers.
11. The method of claim 9, wherein at least a portion of the nanospheres that are shrunk comprise
11. The method of claim 7, wherein at least a portion of the nanosphere comprises at least one of a second dielectric material, a third molecularly imprinted polymer, or a blend of the second dielectric material and the third molecularly imprinted polymer.
12. The method of claim 8, wherein at least a portion of the nanosphere comprises at least one of a dielectric material, a molecularly imprinted polymer, and a blend of the dielectric material and the molecularly imprinted polymer.
12. The method of claim 1, wherein the plurality of nanostructures comprises a periodic distribution from about 10 nanometers to about 2 micrometers.
13. The method of claim 1, wherein the plurality of nanostructures comprises a periodic distribution from about 10 nanometers to about 2 micrometers.
13. The method of claim 1, wherein the plurality of nanostructures comprises a first subset of nanostructures configured as a first sub-pixel to produce a first color and a second subset of nanostructures configured as a second sub-pixel to produce a second color.
14. The method of claim 1, wherein the plurality of nanostructures comprises a first subset of nanostructures configured as a first sub-pixel to produce a first color and a second subset of nanostructures configured as a second sub-pixel to produce a second color.
14. The method of claim 13, wherein the plurality of nanostructures of the first subset of nanostructures comprises dimensions different from the plurality of nanostructures of the second subset of nanostructures.
15. The method of claim 14, wherein the plurality of nanostructures of the first subset of nanostructures comprises dimensions different from the plurality of nanostructures of the second subset of nanostructures.
15. The method of claim 13, wherein the plurality of nanostructures of the first subset of nanostructures comprises a periodicity different from the plurality of nanostructures of the second subset of nanostructures.
16. The method of claim 14, wherein the plurality of nanostructures of the first subset of nanostructures comprises a periodicity different from the plurality of nanostructures of the second subset of nanostructures.
16. The method of claim 1, wherein the substrate comprises at least one of glass, plastic, metal, rubber, wood, cellulose, wool, or combinations thereof.
17. The method of claim 1, wherein the substrate comprises at least one of glass, plastic, metal, rubber, wood, cellulose, wool, or combinations thereof.
17. The method of claim 1, wherein the substrate is a fluid receptacle, a stirrer, or a straw.
18. The method of claim 1, wherein the substrate is one of a fluid receptacle, a stirrer, and a straw.
18. The method of claim 17, wherein the fluid receptacle is a cup or a glass.
19. The method of claim 18, wherein the fluid receptacle is one of a cup and a glass.
19. The method of claim 1, wherein the metal is applied by a metal deposition process.
20. The method of claim 1, wherein the metal is applied by a metal deposition process.
20. The method of claim 1, wherein the metal comprises at least one of aluminum, copper, silver, gold, platinum, tungsten, or combinations thereof.
21. The method of claim 1, wherein the metal comprises at least one of aluminum, copper, silver, gold, platinum, tungsten, or combinations thereof.
21. The method of claim 1, wherein the first molecularly imprinted polymer layer is optically transparent.
22. The method of claim 1, wherein the first layer of receptors is a molecularly imprinted polymer layer that is optically transparent.
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) 1-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang Yifei et al. “Strain-tunable plasmonic crystal using elevated nanodisks with polarization-dependent characteristics” (hereafter Wang et al.) in view of Iryna Tokareva et al. “Ultrathin molecularly imprinted polymer sensors employing enhanced transmission surface plasmon resonance spectroscopy” (hereafter Tokareva et al.).
Claim 1
Wang et al. discloses a method of manufacturing a colorimetric sensor for detecting an analyte of interest (Page 1, Left Col. First Para, “Many plasmonic nanostructures have been developed for various applications, including biochemical sensors…”), Wang et al. discloses forming, for a sensor, a plurality of nanostructures on a substrate (See Fig. 3 (a)-(f); substrate being the PDMS device), wherein forming the plurality of nanostructures on the substrate comprises selecting one of a size, a shape, and a periodicity of the plurality of nanostructures (Page 3, Para. 2) to create a first color on the substrate (Fig. 4 (a)-(b)); a metal layer (50 nm gold coating) disposed upon the substrate and defining a plurality of holes (Page 3, Para. 2; plurality of nanostructures form nanodisks therefore forming holes in the gold coating around the nanostructures), an optical property of at least a portion of the sensor changes to cause a detectable color change of the first color in the at least the portion of the sensor to create a second color on the substrate In page 1 para. 2 “the period of the elevated nanodisk array will change, thus altering its plasmonic resonance wavelength”, meaning changing form one color to another; further that’s what these surface plasmon surfaces do in colorimetric sensors when a analyte triggers a response from the surface)
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Wang et al. substantially teaches the claimed invention except that it does not show covering at least one of the plurality of nanostructures and the plurality of holes with a first layer of receptors to receive an analyte of interest; and configuring the sensor such that, when the analyte of interest binds to the first layer of receptors. Tokareva et al. shows that it is known to provide covering at least one of the plurality of nanostructures and the plurality of holes (Fig. 1, Ref. 1, gold nanoparticles) with a first layer of receptors (Fig. 1, Ref. 3; molecularly imprinted polymer “MIP”) to receive an analyte of interest (analytes such as cholesterol); and configuring the sensor such that, when the analyte of interest binds to the first layer of receptors (Page 1, Col. 1; “and the binding sites become available for recognizing analytes) for an imprinted polymer sensor in plasmon resonance spectroscopy. It would have been obvious to combine the device of Wang et al. with the imprinted polymer layer of Tokareva et al. before the effective filing date of the claimed invention for the purpose of providing a protective layer or first layer because it is essential to overcome the inherent instability of nanomaterials, therefore allowing to achieve high selectivity and sensitivity.
Claim 2
Wang et al. discloses forming the plurality of nanostructures on the substrate (PDMS) further comprises one of: coating a surface of the substrate with a coating of at least one of a dielectric material (Silicon Stamp), a molecularly imprinted polymer, or a blend of the dielectric material and the molecularly imprinted polymer (creating PDMS mold), and imprinting the plurality of nanostructures in the coating (See Fig. 3 (d)); and self-assembling a layer of nanostructures on the surface of the substrate (See Fig. 3 (e), nanostructures on the PDMS device).
Claim 3
Wang et al. in view of Tokareva et al. discloses the claimed invention except for the metal layer comprises a thickness between about 1 nanometer and about 2 micrometers. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to combine Wang et al. and Tokareva et al. with metal thickness since it was well known in the art that the claimed range maximizes surface area, therefore enhancing the interaction between the sensor and target molecules which increases sensitivity.
Claim 4
Wang et al. discloses the plurality of nanostructures are imprinted using a mold (Fig. 3 (c)-(d)).
Claim 5-6
Wang et al. in view of Tokareva et al. discloses the claimed invention except for the mold is coated with a release agent; the release agent comprises at least one of a fluorocarbon release agent, a fluorosilane release agent, a polybenzoxazine release agent, or combinations thereof. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to combine Wang et al. and Tokareva et al. with a release agent since it was well known in the art that using a release agent to prevent delicate, high-precision features from sticking to the mold, therefore ensuring damage-free demolding and maintaining high-quality.
Claim 7
Wang et al. discloses 7 at least some of the plurality of nanostructures are nanoposts (Fig. 3(f)).
Claim 8
Wang et al. in view of Tokareva et al. discloses the claimed invention except for at least some of the plurality of nanostructures are nanospheres. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to combine Wang et al. and Tokareva et al. with nanospheres since it was well known in the art that nanospheres dramatically enhance sensitivity, speed, and selectivity by increasing the functional surface-to-volume ratio.
Claim 9-11
Wang et al. in view of Tokareva et al. discloses the claimed invention except for the plurality of nanostructures on the substrate further comprises shrinking the nanospheres; the nanospheres are shrunk by an oxygen plasma process; at least a portion of the nanospheres that are shrunk comprises a diameter between about 1 nanometer and about 2 micrometers. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to combine Wang et al. and Tokareva et al. with nanosphere shrinking process listed above since it was well known in the art that the process is primarily done to achieve high-resolution, customizable, and cost-effective nanostructures.
Claim 12
Wang et al. in view of Tokareva et al. discloses the claimed invention except for at least a portion of the nanosphere comprises at least one of a dielectric material, a molecularly imprinted polymer, and a blend of the dielectric material and the molecularly imprinted polymer. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to combine Wang et al. and Tokareva et al. with at least one of the materials listed above since it was well known in the art that using such materials in a sensor create strong, low-loss, and highly tunable electromagnetic resonances, therefore improving light concentration and directionality.
Claim 13
Wang et al. in view of Tokareva et al. discloses the claimed invention except for the plurality of nanostructures comprises a periodic distribution from about 10 nanometers to about 2 micrometers. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to combine Wang et al. and Tokareva et al. with parameters listed above since it was well known in the art that using such range will optimize light-matter interactions, enhance sensitivity, and enable multiplexed detection.
Claim 14-16
Wang et al. in view of Tokareva et al. discloses the claimed invention except for a first subset of nanostructures configured as a first sub-pixel to produce a first color and a second subset of nanostructures configured as a second sub-pixel to produce a second color; the plurality of nanostructures of the first subset of nanostructures comprises dimensions different from the plurality of nanostructures of the second subset of nanostructures; the plurality of nanostructures of the first subset of nanostructures comprises a periodicity different from the plurality of nanostructures of the second subset of nanostructures. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to combine Wang et al. and Tokareva et al. with the different subpixels listed above since it was well known in the art that by tailoring the geometry of the subsets, light can be precisely guided to specific areas, therefore minimizing color crosstalk.
Claim 17
Wang et al. in view of Tokareva et al. discloses the claimed invention except for the substrate comprises at least one of glass, plastic, metal, rubber, wood, cellulose, wool, or combinations thereof. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to combine Wang et al. and Tokareva et al. with materials listed above since it was well known in the art that the above materials provide high thermal stability, therefore providing high reliability under varying environmental conditions.
Claim 18-19
Wang et al. in view of Tokareva et al. discloses the claimed invention except for a fluid receptacle, a stirrer, and a straw; the fluid receptacle is one of a cup and a glass. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to combine Wang et al. and Tokareva et al. with the different applictions listed above since it was well known in the art that having the sensor in different applications makes the sensor more marketable for use in different applications and environments.
Claim 20
Wang et al. discloses the metal is applied by a metal deposition process (50 nm Gold coating).
Claim 21
Wang et al. discloses the metal comprises at least one of aluminum, copper, silver, gold, platinum, tungsten, or combinations thereof (Fig. 3 (f) Gold Coating).
Claim 22-23
Wang et al. in view of Tokareva et al. discloses the claimed invention except for the first layer of receptors is a molecularly imprinted polymer layer that is optically transparent; the first layer of receptors includes a binding site that forms a complex with the analyte of interest. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to combine Wang et al. and Tokareva et al. with polymer layer listed above since it was well known in the art that using a polymer layer that is optically transparent allows the sensor to combine high-specificity recognition with sensitive, real-time optical transduction.
Claim 24
Wang et al. discloses applying the metal layer to at least a portion of the plurality of nanostructures and to at least a portion of the substrate (Fig. 1(a); nanodisks formed on the top of nanostructure).
Claim 25
Wang et al. in view of Tokareva et al. discloses the claimed invention except for the first layer of receptors includes a moiety forming a host-guest chemistry with the analyte of interest. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to combine Wang et al. and Tokareva et al. with moiety forming since it was well known in the art that using a moiety forming serves as a receptor designed to interact specifically with the target analyte, therefore reducing false positives.
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/MICHAEL P STAFIRA/Primary Examiner, Art Unit 2877 February 11, 2026