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 § 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.
(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.
Claims 1, 4-8, 10-11, and 14-15 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by U.S. Patent Pub. 2018/0128693 (“Modaresifar”).
Claim 1
Modaresifar discloses a system for calorimetry, the system comprising: a) a plurality of wells disposed upon a well plate, each well having a volume for receiving a respective sample (paragraph [0063]); b) an input feature, including an injection device configured to access the volume of each of the plurality of wells and deposit the respective sample therein (inlets 840 and 844); c) a plurality of light sources configurable to irradiate each of the plurality of wells and the respective sample with incident light (paragraph [0059], light source 820); d) a plurality of photonic sensor chips, each photonic sensor chip disposed at or forming a bottom of a corresponding well of the plurality of wells, the photonic sensor chip comprising plural nanohole array (NHA) sensors integrated upon a substrate (NHA chip with sensors 810); e) a light detector configured to measure transmission of light through the NHA sensors to obtain a series of optical transmission measurements (photodetector 824, paragraph [0064]); f) a heater in thermal contact with each of the plurality of wells (paragraph [0064], heaters); g) a heater controller coupled to the heater, the heater controller programmed to control the heater to apply a transient thermal increase to each well, to increase the temperature within the well at a known heat rate, with the sample provided therein (controller 832, paragraph [0063]); and h) a processor configured to calculate, for each well, a calorimetry measurement as a function of the series of optical transmission measurements and the transient thermal increase, the calorimetry measurement being indicative of the sample within the well undergoing a change in response to the transient thermal increase, wherein the change for each sample relates to a property of the sample (controller 818, paragraph [0064]).
Claim 4
Modaresifar discloses the system of claim 1, wherein each light source includes a light-emitting diode (LED) and a collimator operatively coupled with the LED to control a direction of rays of light emitted by the LED (Modaresifar, Fig. 8, paragraph [0062]).
Claim 5
Modaresifar discloses the system of claim 1, wherein the heater is positioned as a peripheral heater in thermal contact with a perimeter of each of the plurality of wells (Modaresifar, Fig. 8, paragraph [0063]).
Claim 6
Modaresifar discloses the system of claim 5, wherein the heater comprises plural peripheral heaters, and wherein each well of the plurality of wells is in thermal contact with an individual peripheral heater (Modaresifar, Fig. 8, paragraph [0063]).
Claim 7
Modaresifar discloses the system of claim 1, further comprising frame elements configured to secure and mutually couple the light sources, the photonic sensor chip of each well, the light detector, and the input feature to form a calorimetry unit for each well (Modaresifar, paragraphs [0041-0042]).
Claim 8
Modaresifar discloses the system of claim 7, further comprising a lens configurable to focus, upon the light detector, light transmitted as an optical transmission through the NHA sensors of each of the photonic sensor chips of the plurality of wells, the system further comprising a lens frame element configured to secure the lens and to be mutually physically coupled with one or more other frame elements of the calorimetry unit (Modaresifar, Fig. 8, lens 826).
Claim 10
Modaresifar discloses the system of claim 1, further comprising an optics controller configured to control aspects of at least one of the light sources and the light detector (Modaresifar, splitter 822 with detector 824), the system further comprising memory configured to store data acquired from the light detector (Modaresifar, controller 818).
Claim 11
Modaresifar discloses the system of claim 10, wherein the processor, the optics controller, and the memory are integrated within an electronic microcontroller device operatively coupled with, and spatially separate from, the calorimetry unit (Modaresifar, Fig. 8, controller 818).
Claim 14
Modaresifar discloses a method for calorimetry, the method comprising: a) providing a sample to each of a plurality of wells disposed upon a well plate (paragraph [0063]); b) via an input feature configured to access the volume of each of the plurality of wells and depositing the respective sample therein (inlets 840 and 844); c) configuring a plurality of light sources to irradiate each of the plurality of wells and the respective sample with incident light (paragraph [0059], light source 820); d) measuring, via a light detector, transmission of light through plural nanohole array (NHA) sensors to obtain a series of optical transmission measurements, the NHA sensors integrated upon a substrate of a photonic sensor chip disposed at or forming a bottom of each of the plurality of wells (NHA chip with sensors 810); e) controlling a heater to apply a transient thermal increase to each well, increasing the temperature within each well at a known rate (controller 832, paragraph [0063]); and f) calculating, for each well, a measurement as a function of the series of optical measurements and the transient thermal increase for each well, the calorimetry measurement being indicative of the sample in the well undergoing a change in response to a transient thermal increase to the well, wherein the change for each sample relates to a property of the sample (controller 818, paragraph [0064]).
Claim 15
Modaresifar discloses the method of claim 14, wherein the input feature includes an injection device, and wherein providing the sample to a well of the plurality of wells includes configuring the injection device to access the volume of each well and to deposit the sample therein (inlets 840 and 844).
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.
Claims 2-3 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. 2018/0128693 (“Modaresifar”) in view of U.S. Patent Pub. 2005/0052646 (“Wohlstadter”).
Claim 2
Modaresifar discloses the system of claim 1, further comprising at least one power supply configured to independently control the intensity of the light sources (paragraph [0062], power supply 830 supply LED light source 820).
Modaresifar does not appear to explicitly disclose within a range of intensities between 0 and 500 lux, according to a voltage setting of the at least one power supply.
Wohlstadter discloses a range of led intensity for assay plates being 0-500 lux (paragraph [0015, 0503]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated a range of intensities between 0 and 500 lux, according to a voltage setting of the at least one power supply, as disclosed by Wohlstadter, into the device of Modaresifar, for the purpose of measuring between ambient light and a light tight enclosure level (Wohlstadter, paragraph [0503]).
Claim 3
Modaresifar in view of Wohlstadter discloses the system of claim 2, wherein the at least one power supply is spatially separated from the calorimetry unit and includes at least one battery, or a switchable DC power supply device (Modaresifar, Fig. 8).
Claim 16
Modaresifar discloses the method of claim 14, further comprising configuring at least one power supply to independently control an intensity of the light sources (paragraph [0062], power supply 830 supply LED light source 820).
Modaresifar does not appear to explicitly disclose within a range of intensities between 0 and 500 lux according to a voltage setting of the at least one power supply, thereby tuning an amount of light transmitted as an optical transmission through the NHA sensors of the photonic sensor chips for improved detection of the change undergone by the sample in each of the plurality of wells according to the calorimetry measurement.
Modaresifar does not appear to explicitly disclose within a range of intensities between 0 and 500 lux, according to a voltage setting of the at least one power supply.
Wohlstadter discloses a range of led intensity for assay plates being 0-500 lux (paragraph [0015, 0503]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated a range of intensities between 0 and 500 lux, according to a voltage setting of the at least one power supply, as disclosed by Wohlstadter, into the device of Modaresifar, such that a range of intensities between 0 and 500 lux according to a voltage setting of the at least one power supply, thereby tuning an amount of light transmitted as an optical transmission through the NHA sensors of the photonic sensor chips for improved detection of the change undergone by the sample in each of the plurality of wells according to the calorimetry measurement, for the purpose of measuring between ambient light and a light tight enclosure level (Wohlstadter, paragraph [0503]).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. 2018/0128693 (“Modaresifar”).
Claim 9
Modaresifar discloses the system of claim 1.
Modaresifar does not appear to explicitly disclose wherein the light detector comprises a plurality of light detectors, each of the plurality of light detectors arranged to measure light transmitted as an optical transmission through the NHA sensors of one well of the plurality of wells.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to duplicate the light detectors, since it has been held that a mere duplication of working parts of a device involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). One would have been motivated to duplicate the light detectors for the purpose of providing backup/failsafe sensing measurements.
Allowable Subject Matter
Claims 12-13 and 17-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the present application relates in general to a system and method of calorimetry including a plurality of wells, an input feature, a plurality of light sources; a plurality of photonic sensor chips; a light detector; a heater; a heater controller; and a processor. The cited art, U.S. Patent Pub. 2018/0128693 (“Modaresifar”) in view of U.S. Patent Pub. 2005/0052646 (“Wohlstadter”), discloses a similar system of calorimetry including a plurality of wells, an input feature, a plurality of light sources; a plurality of photonic sensor chips; a light detector; a heater; a heater controller; and a processor. However, the cited art does not appear to explicitly disclose or suggest a) the optics controller is programmed to cause the light detector to capture, and store in the memory, video data comprising a plurality of image frames for a view of all of the NHA sensors of the plurality of wells; b) the processor is further configured to crop each of the image frames, containing a view a view of all of the NHA sensors of the plurality of wells, into a plurality of cropped image frames, each cropped image frame containing a view of a corresponding individual well of the plurality of wells, wherein for each of the plurality of cropped image frames the processor uses the information from the cropped image frame to calculate the calorimeter measurement for the corresponding individual well; or the measuring transmission of light includes: a) capturing, and storing in memory, video data representing light transmitted as an optical transmission at least through the NHA sensors of the photonic sensor chip of each of the plurality of wells; b) if the stored video data includes color video data, converting the color video data to black and white video data; c) identifying bright spots, corresponding to individual NHA sensors, represented in the stored video data by; i) comparing, with a brightness threshold value, brightness information corresponding to pixels represented within the stored video data; ii) determining locations within the view where the brightness information exceeds the threshold value; and d) averaging brightness information corresponding to pixels represented within the stored video data for a given individual NHA sensor, the averaging performed spatially over a pixel array of pre-defined dimensions, the pixel array defining a region that includes at least part of the given NHA sensor. Thus, the specific measurement of bright spots corresponding to individual NHA sensors, as required by the claimed invention, is not provided by the cited art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERICA S Y LIN whose telephone number is (571)270-7911. The examiner can normally be reached M-F 8-4, TW M,W.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Douglas X Rodriguez can be reached at (571) 431-0716. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERICA S LIN/Primary Examiner, Art Unit 2853
20050052646
20180128693
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