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 .
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2008/0156654).
Re claim 1:
Regarding the first step, Wang et al. teaches:
“[0028] Examples and implementations of nanostructures in this application use a single segment of an alloy of two or more different metal elements to provide a unique identification code based on the composition of the alloy. The code can be, for example, a combination of (1) the number of the two or more different metal elements in the alloy and (2) relative concentrations of the two or more different metal elements in the alloy. The two or more different metal elements are not spatially separated into different segments and are spatially mixed in form of the alloy within the same segment. The encoding for the identification code is based on the composition of the alloy and is not based on any spatial difference caused by different segments. Therefore, nanostructures in this application are compositionally encoded in a single segment of the alloy. The encoding capacity of such alloy nanostructures is sufficiently large for many applications and the total number of different codes is n.sup.m-1, where n is the number of the two or more different metal elements in the alloy and m is the number of detectable different relative concentrations in each of the two or more different metal elements in the alloy. Hence, thousands of encoding patterns can be achieved by using five or six different metals in the alloy with four or five different relative concentrations of the metals in the alloy.”
Thus, a code is defined based on the concentration of different materials comprising the code.
The second step is met because the code is used to tag objects. See for example claim 1 of Wang et al.
The third step is met via a means of detecting the code which was defined/created in accordance with the first step where difference concentrations are used.
That code is detected as discussed at para 0031 and 0032 where Wang et al. teaches:
“[0031] For voltammetry readout, the metals should be selected to have distinguishable voltammetric signature signals. For an optical readout based on the optical spectral properties of the metal elements, the metals should be selected to have distinguishable optical spectral signals. The X-ray fluorescence (XRF) detection is an example of the optical readout and the metals should be selected to have distinguishable XRF peaks. Metals that can be electroplated or alloyed to form a desired alloy for a compositionally encoded alloy can be used. Examples of suitable metals for compositionally encoded alloy nanostructures in some applications include but are not limited to Bi, Sb, Pb, Sn, Tl, In, Ga, Cd, Zn, Au, Ag, Cu, Ni, Co, Te and Se. In addition to readout considerations, other considerations may also be included in selection of the two or more metals for a compositionally encoded alloy. For example, the magnetic property of the compositionally encoded alloy, such as a Co--Ni--Cu alloy, may be considered to facilitate magnetic separation of the compositionally encoded nanostructures (e.g., nanowires) during the fabrication process. For another example, the alloy composition may be selected to allow for attachment to another structure such as a molecule or a metal.
[0032] The readout of such a compositionally encoded tag can include stimulating or exciting an identification tag containing compositionally encoded alloy nanostructures to produce a signal, measuring the signal from the alloy nanostructures to extract information on the predetermined relative concentrations of the alloy; and using a combination of (1) the predetermined relative concentrations of the two or more metal elements, and (2) a number of the two or more metal elements as an identification code to identify an object associated with the identification tag. As a specific example, an X-ray fluorescence (XRF) readout uses X-ray to stimulate the identification tag containing compositionally encoded alloy nanostructures and the XRF signal produced by the compositionally encoded alloy nanostructures under the X-ray excitation is measured to read the code. In a voltammetry readout, the identification tag containing compositionally encoded alloy nanostructures is dissolved in a solution and an electrical voltage is applied through the solution to electrochemically stimulate and read the encoded alloy nanostructures. The readout of compositionally encoded alloy nanostructures can be implemented based on various material characterization technologies including but not limited to optical readout technologies and electrochemical readout technologies. Some readout examples are Energy Dispersive X-Ray Microanalysis/Spectroscopy, Electron Backscatter Diffraction detection, Micro X-Ray Fluorescence Detection, Raman Fluorescence Spectroscopy, Raman Flame Spectroscopy, Inductively Coupled Plasma Mass Spectrometry Detection, Linear Sweep Voltammetry detection, Pulse Voltammetry detection, Square Wave Voltammetry detection, and solid-state chronopotentiometric measurement. A readout technology for a compositionally encoded tag can be a destructive readout where the tag is destroyed and can be read once. A voltammetry readout is a destructive readout in which the tag is dissolved in a solution in order to conduct voltametric measurements. A readout technology for a compositionally encoded tag can also be a non-destructive readout where the compositionally encoded tag is preserved after each readout and can be read multiple times. The XRF readout and the solid-state chronopotentiometric readout are two examples for a non-destructive readout.”
Re claim 2: The identification element can be a nanoparticle. See for example paragraphs 0003, 0004, 0005, 0006, 0029 and 0034 etc.
Re claim 3: Nanoparticles are extraordinarily tiny of course. To handle the nanoparticles in order to apply them to objects, they would have to be carried in a material. That carrier material could reasonably be a powder or a paste.
See:
[0025] FIG. 12 shows measured XRF signatures of alloy nanowires incorporated within inks or plastics. (A) Nanowire XRF signatures recorded with the nanowires (i) embedded in the membrane template or (ii) dispersed within an ink dispensed on a white printing paper.
An ink, as per para 0025 above, can be broadly considered to be a kind of paste.
Re claim 4: Many of the elements recited as the basis for the nanoparticles are listed at paragraphs 0038 to 0046.
Re claim 5: See Wang et al. paragraphs 0038 to 0046.
Re claims 6 and 7: A code would be digital and could be expressible as a numeric code, just as any bits of data are expressible as numbers.
Re claims 8-10: Nanoparticles are extraordinarily tiny of course. To handle the nanoparticles in order to apply them to objects, they would have to be carried in a material.
Re claim 11: Binders are discussed at para 0070:
[0070] FIGS. 14A, 14B and 14C show specific examples of multi-segment nanostructures based on the designs in FIGS. 13A and 13B. FIG. 14A shows that a compositionally encoded alloy nanostructure 1310 is attached to a magnetic nanostructure 1410 such as an alloy of Ni, Co and Cu to allow for magnetic separation of the multi-segment nanostructure. FIG. 14B shows a multi-segment nanostructure with a compositionally encoded alloy nanostructure 1310, a binder nanostructure 1420 and a molecule or molecular cluster 1430 attached to the binder nanostructure 1420. The binder nanostructure 1420 is formed between the molecule or molecular cluster 1430 and compositionally encoded alloy nanostructure 1310 as a binder to bind the structures 1310 and 1430 together. For example, one common bonder material for the binder nanostructure 1420 is gold to which a thiolated DNA, a protein, an antibody or other molecular structure can be attached. FIG. 14C shows another example of a multi-segment nanostructure that combines the segments in FIGS. 14A and 14B to provide both biochemical and magnetic functions.
Re claim 12:
[0025] FIG. 12 shows measured XRF signatures of alloy nanowires incorporated within inks or plastics. (A) Nanowire XRF signatures recorded with the nanowires (i) embedded in the membrane template or (ii) dispersed within an ink dispensed on a white printing paper.
Re claim 13: Wang et al. makes over a hundred refences to electroplating. That is a surface treatment of a galvanic type.
Re claim 14: See the above discussion of galvanic plating.
Re claim 15: Spectroscopy is discussed in Wang et al.:
“[0032] The readout of such a compositionally encoded tag can include stimulating or exciting an identification tag containing compositionally encoded alloy nanostructures to produce a signal, measuring the signal from the alloy nanostructures to extract information on the predetermined relative concentrations of the alloy; and using a combination of (1) the predetermined relative concentrations of the two or more metal elements, and (2) a number of the two or more metal elements as an identification code to identify an object associated with the identification tag. As a specific example, an X-ray fluorescence (XRF) readout uses X-ray to stimulate the identification tag containing compositionally encoded alloy nanostructures and the XRF signal produced by the compositionally encoded alloy nanostructures under the X-ray excitation is measured to read the code. In a voltammetry readout, the identification tag containing compositionally encoded alloy nanostructures is dissolved in a solution and an electrical voltage is applied through the solution to electrochemically stimulate and read the encoded alloy nanostructures. The readout of compositionally encoded alloy nanostructures can be implemented based on various material characterization technologies including but not limited to optical readout technologies and electrochemical readout technologies. Some readout examples are Energy Dispersive X-Ray Microanalysis/Spectroscopy, Electron Backscatter Diffraction detection, Micro X-Ray Fluorescence Detection, Raman Fluorescence Spectroscopy, Raman Flame Spectroscopy, Inductively Coupled Plasma Mass Spectrometry Detection, Linear Sweep Voltammetry detection, Pulse Voltammetry detection, Square Wave Voltammetry detection, and solid-state chronopotentiometric measurement. A readout technology for a compositionally encoded tag can be a destructive readout where the tag is destroyed and can be read once. A voltammetry readout is a destructive readout in which the tag is dissolved in a solution in order to conduct voltametric measurements. A readout technology for a compositionally encoded tag can also be a non-destructive readout where the compositionally encoded tag is preserved after each readout and can be read multiple times. The XRF readout and the solid-state chronopotentiometric readout are two examples for a non-destructive readout.”
Re claims 16-18: The nanostructure-based code of Wang et al. is understood to be attachable to any generic object.
Conclusion
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/DANIEL A HESS/Primary Examiner, Art Unit 2876