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 § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 5, 6, 9,11, 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fedotov et al. (Fiber-optic control and thermometry of single-cell thermosensation logic. Sci Rep 5, 15737 (2015). https://doi.org/10.1038/srep15737) in view of Oyama et al. (Opto-thermal technologies for microscopic analysis of cellular temperature-sensing systems. Biophys Rev. 2021 Nov 3;14(1):41-54. doi: 10.1007/s12551-021-00854-1. PMID: 35340595; PMCID: PMC8921355), Bogdanov et al. (Investigation of optical and structural characteristics of the various median sizes luminescent diamonds produced by the shock wave synthesis with following grinding; 2017 8th International Conference on Nanomaterials - Research and Application, NANOCON 2016; Brno, Czech Republic; 19-21 October 2016 ISBN: 978-80872-9468-0), and Nguyen et al. (All-optical nanoscale thermometry with silicon-vacancy centers in diamond. Appl. Phys. Lett. 14 May 2018; 112 (20): 203102. https://doi.org/10.1063/1.5029904).
With regards to claim 1, Fedotov teaches a fiber-optic probe used in a cell-culture medium, wherein a diamond microcrystal fixed at a fiber tip is heated by 532-nm laser radiation transmitted through the fiber and is simultaneously used as an online diamond thermometer. The probe is positioned with a high-precision mechanical manipulator and measures temperature at a chosen site. Fedotov performs a thermostat calibration of the diamond sensor and separately measures the diamond temperature as a function of laser power in physiological solution. (Fedotov, p.1 Abstract; p.2 left/right cols., Fig.1; p.3 right col.; p.4 Fig.3(a)-(b); p.5 left col.)
Fedotov does not expressly teach a diamond nanoparticle fixed in an end face of a glass capillary tube placed in a medium under study, that the diamond particle is a polycrystalline diamond particle containing amorphous carbon at intercrystalline boundaries or that the first-stage thermostat calibration by plotting the spectral position of a maximum of a phononless luminescence line of impurity centers versus set temperature.
Fedotov supplies the same-diamond laser-heating and calibration backbone, but uses an optical fiber with a diamond microcrystal at the fiber tip and NV/ODMR readout rather than the recited glass-capillary/phononless-line arrangement. Notice that where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.
Oyama teaches a laser-heated particle at a glass micropipette tip on micromanipulators and describes optical microheating for local cellular temperature manipulation. Oyama Fig.1 depicts the glass-pipette heater and glass-pipette thermometers, and the text explains local temperature manipulation at arbitrary locations (p.42 left/right cols.; p.43 Fig.1 and caption).
Bogdanov teaches polycrystalline SiV-luminescent nanodiamonds separated into 25-1000 nm fractions. The particles are polycrystals composed of tightly connected diamond nanocrystals, and Raman analysis shows damage of intergranular layers with increased amorphous carbon content. Bogdanov also reports a narrow 738-nm SiV luminescence line and 488-nm excitation (p.675 Abstract and left/right cols.; p.676 left/right cols., Fig.1; p.677 Fig.3; p.678 Fig.4 and Conclusion).
Nguyen teaches all-optical nanoscale thermometry by tracking the temperature-dependent spectral position of the SiV zero-phonon-line maximum and uses about 200-nm SiV nanodiamonds as local temperature probes (p.203102-1 Abstract and Fig.1; p.203102-2 Fig.2 and accompanying text; p.203102-3 Fig.3).
In view of the utility of Fedotov's calibrated diamond heater/thermometer for applying and measuring localized temperature in a liquid biological medium, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Fedotov to include Oyama's known glass-micropipette local-heater positioning platform to place the heated particle at a selected point in the medium, to select Bogdanov's known polycrystalline SiV diamond material having amorphous intergranular carbon for the diamond particle, and to use Nguyen's all-optical SiV zero-phonon-line/phononless-line peak-position readout for the temperature calibration.
The combination uses known components for their known purposes and predictably substitutes one known diamond thermometry transduction mode and one known carrier package for another to obtain localized optical heating with calibrated optical temperature readout.
With regard to claim 5, Fedotov modified discloses the claimed invention according to claim 1, but fails to expressly disclose selecting a SiV-center diamond particle.
Bogdanov teaches SiV centers and a narrow 738-nm SiV line in the polycrystalline nanodiamond fractions, and Nguyen independently teaches SiV-based diamond thermometry (Bogdanov, pp.675-677, Fig.3; Nguyen, p.203102-1).
In view of the utility of SiV centers for narrow zero-phonon-line optical thermometry, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Fedotov to include the teachings such as that taught by Bogdanov and Nguyen to select a SiV-center diamond material for the probe when adapting the probe from NV/ODMR readout to all-optical phononless-line temperature readout. The substitution is a predictable use of a known luminescent impurity center for the same diamond-temperature-sensing purpose.
With regard to claim 6, Fedotov modified discloses the claimed invention according to claim 1, but fails to expressly disclose that the diamond microcrystal is selected from a 50-1000 nm particle range.
Bogdanov teaches polycrystalline SiV nanodiamond fractions having median sizes from 25 to 1000 nm, expressly overlapping and encompassing the claimed 50-1000 nm range. Nguyen also uses about 200-nm SiV nanodiamonds (Bogdanov, p.675 Abstract; p.676 Experimental; p.678 Conclusion; Nguyen, Fig.2).
In view of the utility of smaller diamond probes for ultralocal and subcellular temperature control, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Fedotov to include the teachings such as that taught by Bogdanov and Nguyen
With regards to claim 9, Fedotov modified teaches a physical probe/device including a laser radiation system, fiber delivery, diamond at the probe tip, luminescence/photoluminescence collection, photodetector/filter optics, and a high-precision manipulator (p.2 left/right cols., Fig.1).
Fedotov fails to expressly teach that the glass capillary/micropipette end-face structure or the polycrystalline diamond/amorphous-boundary material, and it uses NV/ODMR rather than the claimed luminescence-line spectral detection arrangement.
Oyama supplies the glass micropipette-tip local heater on micromanipulators and placement in the cellular/aqueous study environment. Bogdanov supplies the polycrystalline SiV diamond particle with amorphous intergranular carbon. Nguyen supplies the all-optical SiV luminescence readout (Oyama, pp.42-43, Fig.1; Bogdanov, pp.675-678, Figs.1,3,4; Nguyen, pp.203102-1 to -3, Figs.1-3).
In view of the utility of a micromanipulated local-heating probe for positioning thermal stimulation at a selected point in the medium, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Fedotov to include the teachings such as that taught by Oyama, Bogdanov and Nguyen as one would have been motivated to implement Fedotov's calibrated diamond heater/thermometer in Oyama's glass-micropipette probe arrangement and to use Bogdanov/Nguyen SiV diamond material for the optical luminescence readout. Each reference contributes a known component used for its known function in local optical heating or diamond thermometry.
With regards to claims 11 and 14, Fedotov modified teaches the claimed invention according to claim 9, absent some degree of criticality, the recitation of wherein the luminescence recording system to contain an optically connected and sequentially installed light filter, diffraction grating, lens, and photodetector (i.e., wherein the glass capillary tube is made of borosilicate glass) are only considered an obvious design choice modification involving routine skill of the art.
Notice the claimed arrangements uses familiar optical elements according to their well-known established functions; a filter removes unwanted light, a diffraction grating spectrally disperses the luminescence as needed, a lens focuses or images the dispersed light and a photodetector detects the optical signal and borosilicate glass is extremely well suitable for glass capillaries and small probes. Also, notice that the selection of a known material/elements based on its suitability for its intended use supports a prima facie obviousness determination.
In view of the utilities, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modified Fedotov to include those materials/elements as that as is well known and routine in the art, since it has been held to be within the ordinary skill of worker in the art to select a known material/element on the basis of its suitability for the intended use. One would have been motivated to include the claimed materials/elements for the purpose of improving the detection for peak positioning.
With regard to claim 13, see the rejection of claim 6.
Claim(s) 2 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over
Fedotov in view of Oyama, Bogdanov, and Nguyen, and further in view of Tsai et al. (Gold/diamond nanohybrids for quantum sensing applications. EPJ Quantum Technol. 2, 19 (2015). https://doi.org/10.1140/epjqt/s40507-015-0031-3).
With regards to claims 2 and 3, Fedotov modified discloses the claimed invention according to claim 1, but fails to expressly teach a metal layer no more than 20 nm thick applied to the surface of the diamond particle.
Tsai teaches fluorescent nanodiamonds decorated with gold nanorods to form combined nanoheaters and nanothermometers. The gold nanorods are attached to the fluorescent-nanodiamond surface, have an about 10-nm diameter, and convert incident light into local heat while the diamond reports temperature (p.1 Abstract; p.2 left/right cols.; p.3 Fig.1(b) and associated text; Fig.4).
In view of the utility of increasing photothermal conversion at the diamond-particle surface, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Fedotov to include the teachings such as that taught by Tsai to include gold surface features to the diamond particle of the base combination so the particle more efficiently converts laser radiation into local heat while remaining a luminescent temperature probe.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over
Fedotov in view of Oyama, Bogdanov, and Nguyen, and further in view of Michaelson et al (Bulk and surface thermal stability of ultra nanocrystalline diamond films with 10–30 nm grain size prepared by chemical vapor deposition. J. Appl. Phys. 1 May 2010; 107 (9): 093521. https://doi.org/10.1063/1.3359714).
With regards to claim 4, Fedotov modified discloses the claimed invention according to claim 1, but fails to expressly teach preheating the diamond at 900-1000 degrees C in vacuum for 5-30 minutes.
Michaelson teaches nanocrystalline diamond with 10-30 nm grains annealed in high vacuum of about 5 x 10^-6 Torr for 30 minutes at temperatures including 900 degrees C and 1000 degrees C, and evaluates graphitization and surface structural changes. (Michaelson, II. Experimental, p.093521-2 right col., p.093521-3 Fig.2 and accompanying text). As such, the temperature points and 30-minute duration fall within the claim.
In view of the utility of thermal treatment for modifying nanocrystalline diamond surface and grain-boundary carbon structure, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Fedotov with the teachings such as that taught by Michaelson to apply Michaelson's high-vacuum, 900-1000 degree C, 30-minute anneal conditions to the polycrystalline diamond material of Fedotov modified to tune non-diamond or graphitic/amorphous carbon domains relevant to laser absorption and heating.
Claim(s) 7 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over
Fedotov in view of Oyama, Bogdanov, and Nguyen, and further in view of Nicolas et al. (Diamond nano-pyramids with narrow linewidth SiV centers for quantum technologies. AIP Advances. 8. 10.1063/1.5035484).
With regards to claim 7, Fedotov modified discloses the claimed invention according to claim 1, but fails to expressly teach that at the first calibration stage, SiV luminescence is excited by laser radiation having a wavelength less than 738 nm and power less than 1 mW.
Nicolas teaches SiV photoluminescence using 532-nm continuous laser excitation and approximately 100 microwatts of power, while recording SiV ZPL spectra. Both 532 nm and 100 microwatts fall within the claimed wavelength and power ranges (p.1 left col.; p.2 left/right cols., Fig.2; p.3 Fig.3).
In view of the utility of low-power optical excitation for reading SiV luminescence without materially disturbing the temperature being calibrated, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Fedotov to include the teachings such as that taught by Nicolas.
With regards to claim 8, Fedotov modified discloses the claimed invention according to claim 1, and further Fedotov teaches the second-stage power calibration and SiV ZPL thermometry, see the rejection of claim 1.
Fedotov fails to cleanly disclose the same sub-738-nm and sub-1-mW excitation condition for the second-stage SiV readout.
Nicolas supplies the same 532-nm/100-microwatt SiV readout condition, and Fedotov supplies the in-medium laser-power calibration (Nicolas, pp.1-3, Figs.2-3; Fedotov, p.4 Fig.3(b); p.5 left col.).
In view of the utility of separating low-power SiV readout from the higher-power heating calibration, a person of ordinary skill would have been motivated to use Nicolas's low-power 532-nm SiV excitation condition during Fedotov's second-stage laser-power calibration. The modification predictably allows the diamond temperature to be read while reducing readout-induced heating error.
Claim(s) 10 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fedotov in view of Oyama, Bogdanov, and Nguyen, and further in view of Ma et al. (Integrated optical transfection system using a microlens fiber combined with microfluidic gene delivery. Biomed Opt Express. 2010 Aug 23;1(2):694-705. doi: 10.1364/BOE.1.000694. PMID: 21258501; PMCID: PMC3017995).
With regards to claim 10, Fedotov modified discloses the claimed invention according to claim 9, and further Fedotov teaches, see Fig. 1, supplies the laser, mirrors/dichroic mirrors, objective/lens optics, optical fiber, and related optical path for delivering laser radiation and collecting photoluminescence (Fedotov, p.2 left/right cols., Fig.1).
Fedotov fails to expressly teach the exact sequence including a mounted laser, a mirror, lens and a beam-limiting diaphragm connected to an optical fiber inserted inside the glass capillary tube.
Ma teaches a microlensed optical fiber inserted through a port into a glass microcapillary, with the fiber tip placed near the capillary tip; Fig.4(a) also shows a second fiber inserted into the glass capillary. Ma also uses a collimated laser beam, telescope/lens optics, a fiber collimator, and an XYZ stage (p.698, Fig.2; p.699, section 2.3; p.700 Fig.4(a)).
Absent some degree of criticality, the recitation of the exact sequence including a mounted laser, a mirror, lens and a beam-limiting diaphragm are only considered an obvious design choice modification involving routine skill of the art.
Notice the claimed arrangements uses familiar optical elements according to their well-known established functions. Also, notice that the selection of a known material/elements based on its suitability for its intended use supports a prima facie obviousness determination.
In view of the utility of placing the laser-delivery fiber within the capillary body to make a compact, coaxial, positionable probe, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Fedotov to include in the package of Fedotov's fiber-delivered diamond optics inside Ma's glass capillary arrangement with the well-known design optical elements performing their ordinary optical functions of directing, focusing, limiting and coupling the laser beam as needed (i.e., known optical building blocks used for their ordinary functions) to improve alignment and beam control without changing the heating or luminescence recording functioning as needed..
With regards to claim 12, Fedotov modified discloses the claimed invention according to claim 9, and further Fedotov teaches use of a high-precision mechanical manipulator for the diamond probe, and Oyama teaches glass micropipette probes on micromanipulators (Fedotov, p.2 right col.; Oyama, p.42; Fig.1).
Fedotov modified fails to expressly disclose the micromanipulator to be designed with the ability of reciprocating motion in three mutually perpendicular directions.
Ma expressly mounts the optical fiber on an XYZ translation stage and uses the stage to position the fiber (Ma, p.698 – 700, Fig.2).
In view of the utility of placing an ultralocal heating probe at selected points in three-dimensional space, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Fedotov to include the teachings such as that taught by Ma, that is to use Ma's XYZ translation-stage positioning with the already micromanipulated Fedotov/Oyama probe. The substitution of a known three-axis manipulator would have predictably allowed reciprocal movement along three mutually perpendicular axes without changing the heating or thermometry function.
Conclusion
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/DJURA MALEVIC/Examiner, Art Unit 2884
/UZMA ALAM/Supervisory Patent Examiner, Art Unit 2884
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