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
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Carlson (US 2005/0095698).
With regards to claim 1, Carlson discloses an optical sensing element (Abstract; combinational artificial receptors in electromagnetic (e.g. optical) sensors) for detection of a narcotic ([0212]; “…drug of abuse diagnostics or therapy (such as clinical or field analysis of cocaine or other drugs of abuse)…”)[0236], the optical sensing element comprising a fluorescent sensing compound (FIG. 5; [0144]; “… multiple fibers can be configured together to detect light or other radiation….fluoresced by receptors 310…”)[0116][0143] provided on a substrate 340, wherein emission of the fluorescent sensing compound is quenched [0147][0156][0157] in the presence of the narcotic [0212][0231][0233], and wherein the fluorescent sensing compound is non-polymeric and comprises an electron donor moiety [0372][0385], an electron acceptor moiety [0372][0385] and a moiety that influences solubility of the compound in a solvent ([0372]; . “A building block can provide one or more structural characteristics such as… hydrophilicity, hydrophobicity,…”) [0394][0395].
With regards to claim 2, Carlson discloses the optical sensing element of claim 1, wherein the fluorescent sensing compound is represented by general formula (IA):
AaBbCcDdEe (IA) ([0378]; Formula 1b)
in which:
A is an electron donor moiety [0385][0386][0392];
B is an electron acceptor moiety [0385][0386];
C is a moiety that influences solubility of the compound in a solvent ([0385][0386]; The recognition element can be substituted with a group that imparts hydrophilicity or hydrophobicity. With the solvent being water.)
D is a modifier moiety that enables fine tuning of the optoelectronic properties of the sensing compound ([0369]; dendrimer)([0430]; fluorophore or enzyme);
E is a branching moiety [0360];
a is an integer of 1 or more ([0385] teaches that the recognition element can provide one or more structural characteristics such as an electron donor. Recognizing one or more integers relating to electron donor moiety would have been obvious to one skilled within the art.);
b is an integer of 1 or more ([0385] teaches that the recognition element can provide one or more structural characteristics such as an electron acceptor. Recognizing one or more integers relating to electron acceptor moiety would have been obvious to one skilled within the art.);
c is an integer of 1 or more ([0385] teaches that the recognition element can provide one or more structural characteristics such as hydrophilicity or hydrophobicity. Recognizing one or more integers relating to hydrophilicity or hydrophobicity moiety would have been obvious to one skilled within the art.);
d is an integer equal to b ([0369]; dendrimer)([0430]; fluorophore or enzyme); and
e is 1 [0360].
With regards to claim 3, Carlson discloses the optical sensing element of claim 1, wherein the element is for vapour phase detection. [0118][0194][0195]
With regards to claim 4, Carlson discloses the optical sensing element of claim 1, wherein the element is for solution phase detection. [0118][0321]
With regards to claim 5, Carlson discloses the optical sensing element of claim 1, wherein the emission of the fluorescent sensing compound is increased when the narcotic is removed. [0157]
With regards to claim 6, Carlson discloses a method for detection of a narcotic in a sample [0229], which method comprises:
(a) irradiating an optical sensing element as defined in claim 1 thereby causing fluorescent emission by the fluorescent sensing compound [0143];
(b) contacting the sample with the optical sensing element [0118];
(c) measuring the luminescence of the fluorescent optical sensing element after contacting with the sample [0142]; and
(d) determining whether the narcotic is present in the sample based on the measurement obtained in step (c) [0230][0231].
With regards to claim 7, Carlson discloses the method according to claim 6, wherein the method is for vapour phase detection. [0118][0194][0195]
With regards to claim 8, Carlson discloses the method according to claim 6, wherein the element is for solution phase detection. [0118][0321]
With regards to claim 9, Carlson discloses a sensing device for detection of a narcotic in a sample, the sensing device comprising: an optical sensing element as defined in claim 1;
an irradiation source for irradiating the optical sensing element with stimulating radiation (FIG. 4; [0143]; light source 230);
a detector ([0143]; electromagnetic detection system 260) for measuring luminescence of the optical sensing element [0160]; means for delivering the sample for contacting with the optical sensing element [0127][0194]; and
means for relating to an operator the luminescence measured by the detector ([0143]; processing system 270, such as a computer system).
With regards to claim 10, Carlson discloses the sensing device according to claim 9, wherein the sensing device is for vapour phase detection. [0118][0194][0195]
With regards to claim 11, Carlson discloses the sensing device according to claim 9, wherein the sensing device is for solution phase detection. [0118][0321]
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
LeBoeuf et al. (US 2007/0086915)
Oki et al. (US 2014/0231274)
Butlin et al. (US 2008/0213780)
Isobe (US 2011/0195408)
Isobe (US 2007/0154890)
Lu et al. (US 8,043,802)
Zang et al. (US 2020/0080978)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUGH H MAUPIN whose telephone number is (571)270-1495. The examiner can normally be reached M-F 7:30 - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Uzma Alam can be reached at 571-272-3995. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HUGH MAUPIN/ Primary Examiner, Art Unit 2884
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