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).
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Claims 42 and 44-49 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of U.S. Patent No. 11391626 in view of Kawahito (US 20100073541) and Rothberg et al. (US 20160041095).
In regards to claim 42, 11391626 teaches a system, comprising: a pixel comprising: a photodetection region configured to receive, following each of a plurality of trigger events, photons, and generate, in response to receiving the photons, charge carriers; a charge carrier storage region (claim 1, lines 1-6); and a control circuit configured to: after a first amount of time following each of a first plurality of trigger events, to initiate a transfer of first charge carriers to the charge carrier storage region, the first charge carriers generated in the photodetection region following each of the first plurality of trigger events, respectively; read out, from the pixel, a first signal indicative of a quantity of the first charge carriers aggregated in the charge carrier storage region following the first plurality of trigger events collectively (claim 1, lines 7-15); after a second amount of time following each of a second plurality of trigger events, to initiate a transfer of second charge carriers to the charge carrier storage region, the second charge carriers generated in the photodetection region following each of the second plurality of trigger events, respectively; and read out, from the pixel, a second signal indicative of a quantity of the second charge carriers aggregated in the charge carrier storage region following the second plurality of trigger events collectively (claim 1, lines 16-23), but does not specifically teach an electrode located, at least in part, at a boundary of the photodetection region and the charge carrier storage region and configured to direct, from the photodetection region to the charge carrier storage region, the charge carriers, the control circuit controlling the electrode. Kawahito teaches an electrode (31) located, at least in part, at a boundary of a photodetection region (11a/11b) and a charge carrier storage region (12a/12b) to form a potential barrier between the photodetection region (11a/11b) and the charge carrier storage region (12/a/12/b) (see fig. 3 and 4), and a control circuit (104/105/106) controlling aggregating first charge carriers at least in part by lowering the potential barrier formed by the electrode (31) to allow charge carrier transfer from the photodetection region (11a/11b) to the charge carrier storage region within a first time period (12a/12b) (abstract, paragraphs 38-40 and 56, fig. 3, 4 and 6), aggregating second charge carriers at least in part by lowering the potential barrier formed by the electrode (31) to allow charge carrier transfer from the photodetection region (11b/11a) to the charge carrier storage region within a second time period (12a/12b) (abstract, paragraphs 38-40 and 58, fig. 3, 4 and 6) and read out signals representative of a first quantity of the first charge carriers and a second quantity of the second charge carriers (paragraph 56-64). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to include the electrode structure for controlling the potential barrier between the photodetection region and the charge storage region similar to Kawahito to control the movement of charges in 11391626 reducing the amount of circuitry while moving two sets of charges in two time periods providing for more compact design with efficient charge transfer.
In regards to claim 44, 11391626 as modified by Kawahito teaches the system (11391626, claim 1, Kawahito, fig. 3, 4 and 6), but does not specifically teach further comprising: a sample well configured to support a sample, wherein the photodetection region is configured to receive at least some of the photons emitted by the sample in response to excitation of the sample. Rothberg teaches a sample well (2-111) configured to support a sample (paragraph 227), wherein a photodetection region (2-122) is configured to receive at least some of the photons emitted by the sample in response to excitation of the sample (see fig. 2-1). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to further include a sample well with sample similar to Rothberg with system of 11391626 as modified by Kawahito in order to measure fluorescence from a sample with more efficient photodetection structure providing for more efficient biological measurements.
In regards to claim 45, 11391626 as modified by Kawahito teaches The system of claim 44, wherein the control circuit is configured to sequence the sample at least in part by repeatedly performing a sequence comprising: controlling the electrode to initiate the transfer of the first charge carriers; reading out the first signal; controlling the electrode to initiate the transfer of second charge carriers; and reading out the second signal (11391626, claim 1, Kawahito, electrode and control).
In regards to claim 46, 11391626 as modified by Kawahito and Rothberg teaches the system of claim 44, further comprising an excitation light source configured to illuminate the sample well to excite the sample to emit the at least some of the photons (Rothberg, paragraph 227, fig. 2-1).
In regards to claim 47, 11391626 as modified by Kawahito teaches the system of claim 42, wherein: the charge carrier storage region is a first charge carrier storage region; the pixel further comprises a second charge carrier storage region configured to receive charge carriers from the first charge carrier storage region; and the control circuit is configured to read out the first signal and the second signal using the second charge carrier storage region (Kawahito, paragraph 56-65, fig. 3, 4 and 6).
In regards to claim 48, 11391626 as modified by Kawahito teaches the system of claim 47, wherein the photodetection region is located on a first side of the pixel and the first charge carrier storage region and the second charge carrier storage region are located on a second side of the pixel that is opposite the first side (Kawahito, paragraph 56-65, fig. 3, 4 and 6).
In regards to claim 49, 11391626 as modified by Kawahito teaches the system of claim 42, wherein: the pixel further comprises a rejection region (Kawahito, 14); and the control circuit is configured to: during at least the first amount of time following each of the first plurality of trigger events, prior to controlling the electrode to initiate the transfer of first charge carriers to the charge carrier storage region control a first transfer of charge carriers from the photodetection region to the rejection region; and during at least the second amount of time following each of the second plurality of trigger events, prior to controlling the electrode to initiate the transfer of second charge carriers to the charge carrier storage region, control a second transfer of charge carriers from the photodetection region to the rejection region (Kawahito, fig. 3 and 4, paragraphs 56-65).
Claims 42, 47 and 49 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-20 of U.S. Patent No. 12123772. Although the claims at issue are not identical, they are not patentably distinct from each other because inventive concept of a pixel with a photodetection region, a charge carrier storage region, an electrode with the specific movement of charge through the regions and readout as described in the claims is taught both by the present application and US patent 12123772.
In regards to claim 42, 12123772 teaches a system (claims 1, 6 and 12), comprising: a pixel comprising: a photodetection region configured to receive, following each of a plurality of trigger events, photons, and generate, in response to receiving the photons, charge carriers; a charge carrier storage region; and an electrode located, at least in part, at a boundary of the photodetection region and the charge carrier storage region and configured to direct, from the photodetection region to the charge carrier storage region, the charge carriers (claim 1, lines1-14); and a control circuit configured to after a first amount of time following each of a first plurality of trigger events, control the electrode to initiate a transfer of first charge carriers to the charge carrier storage region, the first charge carriers generated in the photodetection region following each of the first plurality of trigger events, respectively; read out, from the pixel, a first signal indicative of a quantity of the first charge carriers aggregated in the charge carrier storage region following the first plurality of trigger events collectively; after a second amount of time following each of a second plurality of trigger events, control the electrode to initiate a transfer of second charge carriers to the charge carrier storage region, the second charge carriers generated in the photodetection region following each of the second plurality of trigger events, respectively; and read out, from the pixel, a second signal indicative of a quantity of the second charge carriers aggregated in the charge carrier storage region following the second plurality of trigger events collectively (claim 1, lines 15-40, claims 6 and 12).
In regards to claim 47, 12123772 teaches the system of claim 42, wherein: the charge carrier storage region is a first charge carrier storage region; the pixel further comprises a second charge carrier storage region configured to receive charge carriers from the first charge carrier storage region; and the control circuit is configured to read out the first signal and the second signal using the second charge carrier storage region (claims 1, 2, 12-20).
In regards to claim 49, 12123772 teaches the system of claim 42, wherein: the pixel further comprises a rejection region; and the control circuit is configured to: during at least the first amount of time following each of the first plurality of trigger events, prior to controlling the electrode to initiate the transfer of first charge carriers to the charge carrier storage region control a first transfer of charge carriers from the photodetection region to the rejection region; and during at least the second amount of time following each of the second plurality of trigger events, prior to controlling the electrode to initiate the transfer of second charge carriers to the charge carrier storage region, control a second transfer of charge carriers from the photodetection region to the rejection region (claims 4, 12 and 16).
Allowable Subject Matter
Claims 36-41 and 50-55 are allowed.
The following is an examiner’s statement of reasons for allowance:
In regards to claim 36, the prior art of record individually or in combination fails to teach a sequencing instrument as claimed, comprising: a sample well configured to support a sample; an excitation light source configured to illuminate the sample well to excite fluorescent emission from the sample; an integrated photodetector configured to detect fluorescent emission from the sample, the integrated photodetector comprising: a photodetection region configured to convert received photons to charge carriers; a charge carrier storage region; and an electrode located, at least in part, at a boundary of the photodetection region and the charge carrier storage region and configured to control transfer of charge carriers from the photodetection region to the charge carrier storage region, wherein the integrated photodetector is controllable to: more specifically in combination with aggregate charge carriers in the charge carrier storage region following each of a first plurality of illuminations of the sample well by the excitation light source and read out a first signal indicative of a quantity of charge carriers aggregated in the charge carrier storage region following the first plurality of illuminations collectively; and aggregate charge carriers in the charge carrier storage region following each of a second plurality of illuminations of the sample well by the excitation light source and read out a second signal indicative of a quantity of charge carriers aggregated in the charge carrier storage region following the second plurality of illuminations collectively, and wherein the electrode is controllable to direct charge carriers from the photodetection region to the charge carrier storage region at first times with respect to the first plurality of illuminations and at second times with respect to the second plurality of illuminations such that a ratio of the first signal and the second signal indicates fluorescence lifetime information of the sample.
Claims 37-41 are allowed because of their dependency on claim 36.
In regards to claim 50, the prior art of record individually or in combination fails to teach a sequencing instrument as claimed, comprising: an integrated photodetector configured to detect fluorescent emission from a sample supported by a sample well, the integrated photodetector comprising: a photodetection region configured to convert received photons to charge carriers; a charge carrier storage region; and an electrode located, at least in part, at a boundary of the photodetection region and the charge carrier storage region and configured to control transfer of charge carriers from the photodetection region to the charge carrier storage region, wherein the integrated photodetector is controllable to: more specifically in combination with aggregate charge carriers in the charge carrier storage region following each of a first plurality of illuminations of the sample well and read out a first signal indicative of a quantity of charge carriers aggregated in the charge carrier storage region following the first plurality of illuminations collectively; and aggregate charge carriers in the charge carrier storage region following each of a second plurality of illuminations of the sample well and read out a second signal indicative of a quantity of charge carriers aggregated in the charge carrier storage region following the second plurality of illuminations collectively, and wherein the electrode is controllable to direct charge carriers from the photodetection region to the charge carrier storage region at first times with respect to the first plurality of illuminations and at second times with respect to the second plurality of illuminations such that a ratio of the first signal and the second signal indicates fluorescence lifetime information of the sample.
Claims 51-55 are allowed because of their dependency on claim 50.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Claims 43 is 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.
In regards to claim 43, the prior art of record individually or in combination fails to teach the system of claim 42 as claimed, more specifically in combination with wherein the control circuit is configured to control the first amount of time and the second amount of time such that a ratio of the first signal and the second signal indicates fluorescence lifetime information of a sample that emitted at least some of the photons.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Boisvert et al. (WO 2016022998) teaches a system (fig. 2, abstract) comprising: an integrated circuit, comprising: an integrated circuit (fig. 2, abstract), comprising: an electrode (b) for moving the carriers based on the trigger/illumination events (see fig. 3, 4, 5 and 6, showing the event then the electrodes being activated and binning carriers, fig. 8D for first and second events), a photodetection region (100/102) configured to receive incident photons (see fig. 2a), the photodetection region (100/102) being configured to produce a plurality of charge carriers in response to the incident photons (page 21, lines 19-31); a charge carrier storage region (108) (see fig. 2a, page 21, lines 19-24); a control circuit configured to: aggregate, in the charge carrier storage region, first charge carriers produced by the photodetection region within a first time period with respect to first trigger events (page 32, lines 9-33 and page 33, lines 1-30, fig. 8A and 8D, page 36, lines 9-33, page 37, lines 1-32, page 38, lines 1-23); aggregate, in the charge carrier storage region, second charge carriers produced by the photodetection region within a second time period with respect to second trigger events (page 32, lines 9-33 and page 33, lines 1-30, fig. 8A and 8D, page 36, lines 9-33, page 37, lines 1-32, page 38, lines 1-23); and control the integrated circuit to read out signals representative of a first quantity of the first charge carriers and a second quantity of the second charge carriers (page 33, lines 31-32 and page 34, lines 1-2, fig. 8, page 32, lines 9-33 and page 33, lines 1-30, fig. 8A and 8D, page 36, lines 9-33, page 37, lines 1-32, page 38, lines 1-23), but does not specifically teach wherein the electrode is controllable to direct charge carriers from the photodetection region to the charge carrier storage region at first times with respect to the first plurality of illuminations and at second times with respect to the second plurality of illuminations such that a ratio of the first signal and the second signal indicates fluorescence lifetime information of the sample and does not specifically teach after a first amount of time following each of a first plurality of trigger events, control the electrode to initiate a transfer of first charge carriers to the charge carrier storage region, the first charge carriers generated in the photodetection region following each of the first plurality of trigger events, respectively; read out, from the pixel, a first signal indicative of a quantity of the first charge carriers aggregated in the charge carrier storage region following the first plurality of trigger events collectively; after a second amount of time following each of a second plurality of trigger events, control the electrode to initiate a transfer of second charge carriers to the charge carrier storage region, the second charge carriers generated in the photodetection region following each of the second plurality of trigger events, respectively; and read out, from the pixel, a second signal indicative of a quantity of the second charge carriers aggregated in the charge carrier storage region following the second plurality of trigger events collectively.
Kawahito (US 20100073541) teaches an electrode (31) located, at least in part, at a boundary of a photodetection region (11a/11b) and a charge carrier storage region (12a/12b) to form a potential barrier between the photodetection region (11a/11b) and the charge carrier storage region (12/a/12/b) (see fig. 3 and 4), aggregating first charge carriers at least in part by lowering the potential barrier formed by the electrode (31) to allow charge carrier transfer from the photodetection region (11a/11b) to the charge carrier storage region within a first time period (12a/12b) (abstract, paragraphs 38-40 and 56, fig. 3, 4 and 6), aggregating second charge carriers at least in part by lowering the potential barrier formed by the electrode (31) to allow charge carrier transfer from the photodetection region (11b/11a) to the charge carrier storage region within a second time period (12a/12b) (abstract, paragraphs 38-40 and 58, fig. 3, 4 and 6) and read out signals representative of a first quantity of the first charge carriers and a second quantity of the second charge carriers (paragraph 56-64), but does not specifically teach wherein the electrode is controllable to direct charge carriers from the photodetection region to the charge carrier storage region at first times with respect to the first plurality of illuminations and at second times with respect to the second plurality of illuminations such that a ratio of the first signal and the second signal indicates fluorescence lifetime information of the sample and does not specifically teach after a first amount of time following each of a first plurality of trigger events, control the electrode to initiate a transfer of first charge carriers to the charge carrier storage region, the first charge carriers generated in the photodetection region following each of the first plurality of trigger events, respectively; read out, from the pixel, a first signal indicative of a quantity of the first charge carriers aggregated in the charge carrier storage region following the first plurality of trigger events collectively; after a second amount of time following each of a second plurality of trigger events, control the electrode to initiate a transfer of second charge carriers to the charge carrier storage region, the second charge carriers generated in the photodetection region following each of the second plurality of trigger events, respectively; and read out, from the pixel, a second signal indicative of a quantity of the second charge carriers aggregated in the charge carrier storage region following the second plurality of trigger events collectively.
Conclusion
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