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 Status
Claim 19 is pending and examined. Claims 1-18 and 20 are canceled.
Information Disclosure Statement
The information disclosure statements (IDS) received on 10/17/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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 19 is rejected under 35 U.S.C. 103 as being unpatentable over Liu et al., “Flossing DNA in a Dual Nanopore Device”, 19 December 2019, Small, Vol. 16, No. 3, Pgs. 1-11 (hereinafter Liu) in view of Aksimentiev et al. (US Pub. No. 2018/0088104; hereinafter Aksimentiev).
Regarding Claim 19, Liu discloses a method (Pg. 2 Col. 1 1st Para.-Pg. 3 Col. 2 2nd Para., Pg. 10 Col. 1 2nd Para.-Col. 2 1st Para.). The method comprises:
(a) contacting a fluid containing a polymer comprising monomeric units, a first end and a second end (Pg. 2 Col. 1 1st Para.-Pg. 3 Col. 2 2nd Para., Pg. 10 Col. 1 2nd Para.-Col. 2 1st Para., see Pg. 3 at Fig. 1. DNA is a polymer and comprises monomeric units), with a device comprising:
a chip (Pg. 2 Col. 1 1st Para.-Pg. 3 Col. 2 2nd Para., Pg. 10 Col. 1 2nd Para.-Col. 2 1st Para., see Pg. 3 at Fig. 1).
A first well disposed adjacent to a second well on the chip (Pg. 2 Col. 1 1st Para.-Pg. 3 Col. 2 2nd Para., Pg. 10 Col. 1 2nd Para.-Col. 2 1st Para., see Pg. 3 at Fig. 1).
A first seal over the first well and a second seal over the second well (Pg. 2 Col. 1 1st Para.-Pg. 3 Col. 2 2nd Para., Pg. 10 Col. 1 2nd Para.-Col. 2 1st Para., the SiN membrane acts as a seal, see Pg. 3 at Fig. 1).
A first reader in the first seal and a second reader in the second seal, wherein the first reader and the second reader each is a nanopore reader (Pg. 2 Col. 1 1st Para.-Pg. 3 Col. 2 2nd Para., Pg. 10 Col. 1 2nd Para.-Col. 2 1st Para., two nanopores are drilled through the membrane, see Pg. 3 at Fig. 1).
(b) electrophoretically and/or electroosmotically driving the first end of the polymer from the fluid through the first reader into the first well; thereby capturing the first end of the polymer by the first reader (Pg. 2 Col. 1 1st Para.-Pg. 3 Col. 2 2nd Para., Pg. 10 Col. 1 2nd Para.-Col. 2 1st Para., see Pg. 3 at Fig. 1, Pg. 5 Col. 2 2nd Para.).
(c) electrophoretically and/or electroosmotically driving the second end of the polymer in the fluid through the second reader into the second well; thereby capturing the second end of the polymer by the second reader (Pg. 2 Col. 1 1st Para.-Pg. 3 Col. 2 2nd Para., Pg. 10 Col. 1 2nd Para.-Col. 2 1st Para., see Pg. 3 at Fig. 1, Pg. 5 Col. 2 2nd Para.).
(d) after part (c), electrophoretically driving at least a portion of the polymer through the first reader into the first well or through the second reader into the second well (Pg. 2 Col. 1 1st Para.-Pg. 3 Col. 2 2nd Para., Pg. 10 Col. 1 2nd Para.-Col. 2 1st Para., see Pg. 3 at Fig. 1, Pg. 5 Col. 2 2nd Para.).
Liu fails to explicitly disclose that the method is for determining a polymer sequence; and
(e) identifying monomeric units of the polymer based on a current signature of each of the monomeric units, translocation time and/or associated current noise level modulation as the polymer translocates through the first reader or the second reader in part (d), thereby determining the sequence of the polymer.
Aksimentiev is in the analogous field of nanopore-based systems (Aksimentiev [0003]). Aksimentiev teaches a method for determining a polymer sequence, and identifying monomeric units of a polymer based on a current signature of each of the monomeric units as the polymer translocates through a first reader or a second reader, thereby determining the sequence of the polymer (Aksimentiev; [0071], see Figs. 28A-28B). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the method of Liu with the teachings of Aksimentiev so that the method is for determining a polymer sequence, and identifying monomeric units of the polymer based on a current signature of each of the monomeric units as the polymer translocates through the first reader or the second reader in part (d), thereby determining the sequence of the polymer. The motivation would have been that, as Aksimentiev teaches that dual nanopore systems can be used to sequence polymers (Aksimentiev; [0071], see Figs. 28A-28B), when the dual nanopore system of Aksimentiev is combined with the flossing technique of Liu, which also uses dual nanopores and which is used to obtain highly accurate spatial information and enhance the quality of information that can be extracted from a single trapped molecule (Liu Pg. 2 Col. 1 2nd Para.), the result will be a method that can be used to sequence polymers with enhanced accuracy and quality.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to John McGuirk whose telephone number is (571)272-1949. The examiner can normally be reached M-F 8am-530pm.
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/JOHN MCGUIRK/Primary Examiner, Art Unit 1798
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