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 .
DETAILED ACTION
Information Disclosure Statement
1. The information disclosure statement (IDS) submitted on 03/07/25 has been entered. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
2. The drawings filed on 03/07/25. These drawings are acceptable.
Double Patenting
3. 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 claims at issue 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); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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4. Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of Hossain (U.S. Patent No. 12,270,763). Hereafter, “Hossain ‘763”.
As to claim 1, Hossain ‘763 claims: A p-type Si wafer surface-enhanced Raman scattering (SERS) substrate, (claim 1, lines 1-2) comprising:
a silicon substrate having a surface having a plurality of silicon nanostructures (claim 1, lines 3-4), wherein the silicon substrate is a p-type silicon wafer, (claim 10);
wherein the silicon nanostructures have a plurality of microscale valleys having a width in a range of from 1 to 20 µm on a surface of the silicon substrate (claim 1, lines 5-7);
wherein the silicon nanostructures have a plurality of terraces in the microscale valleys, a distance measured from the highest point of a microscale valley to the lowest point of the same microscale valley being in a range of from 20 to 80 µm (claim 1, lines 8-12); and
a plurality of trimers of silver nanoparticles (Ag-NPs) disposed on the terraces of the silicon nanostructures (claim 1, lines 13-14);
wherein the Ag-NPs have a mean particle size of from greater than 20 to 50 nm (claim 1, lines 15-16),
wherein the Ag-NPs are deposited directly on the silicon nanostructures (claim 1, lines 17-18),
wherein the terraces have a step structure, the terraces having an average width in a range of from 0.5 to 5 µm (claim 1, lines 19-21), and
wherein the Ag-NPs on the SERS substrate have a coverage density in a range of from 3x 10^10 to 7x 10^10 particles cm^-2 (claim 1, lines 22-24).
As to claim 2, Hossain ‘763 claims: the microscale valleys have a width of 5 to 16 µm on a surface of the silicon substrate (claim 2).
As to claim 3, Hossain ‘763 claims: a distance measured from the highest point of a microscale valley to the lowest point of the same microscale valley is in a range of 30 to 70 µm (claim 3).
As to claim 4, Hossain ‘763 claims: the terraces have a step structure; and wherein the terraces have an average width of 1 to 4 µm (claim 4).
As to claim 5, Hossain ‘763 claims: the Ag- NPs have a mean particle size of 30 to 40 µm (claim 5).
As to claim 6, Hossain ‘763 claims: the Ag-NPs are at least one form selected from the group consisting of nanospheres, nanorods, nanostars, nanotriangles, nanoprisms, nanocubes, nanofibers, nanoplates, nanowires, nanotetrahedrons, nanocrystals, nanohexagons, nanodisks, nanoribbons, nanocylinders, nanogranules, nanowhiskers, nanoflakes, nanofoils, nanopowders, nanoholes, nanobelts, nanourchins, nanoflowers, nanoislands, and nanomeshes (claim 6).
As to claim 7, Hossain ‘763 claims: the Ag-NPs on the SERS substrate have a coverage density of from 4x 1010 to 7x1010 particles cm (claim 7).
As to claim 8, Hossain ‘763 claims: an electromagnetic (EM) intensity of 2 to 20 volts per meter (V/m) (claim 8).
As to claim 9, Hossain ‘763 claims: the method comprising: treating the silicon substrate in a first aqueous solution containing HF and a metal salt to form a treated Si substrate; etching the treated Si substrate in a second aqueous solution containing HF and H2O2 and washing with a third aqueous solution containing H2O and at least one acid to form an Si substrate with etched silicon nanostructures; and at least partially thermally evaporating the metal particles of a metal target onto the silicon substrate with etched silicon nanostructures to form the SERS substrate, (claim 9).
As to claim 10, Hossain ‘763 claims: the silicon substrate is a p-type silicon wafer (claim 10).
As to claim 11, Hossain ‘763 claims: the metal salt comprises a gold (Au) salt, a silver (Ag) salt, a copper (Cu) salt, a platinum (Pt) salt, an iron (Fe) salt, and/or a palladium (Pd) salt (claim 11).
As to claim 12, Hossain ‘763 claims: the metal salt is silver nitrate (AgNO3), (claim12).
As to claim 13, Hossain ‘763 claims: a molar ratio of HF to the metal salt is 500:1 to 50:1, (claim 13).
As to claim 14, Hossain ‘763 claims: the acid comprises hydrochloric acid, sulfuric acid, phosphoric acid, nitric acid, acetic acid, boric acid, oxalic acid, citric acid, carbonic acid, perchloric acid, chlorous acid, nitrous acid, ethanoic acid, hypochlorous acid, and hydrocyanic acid, (claim 14).
As to claim 15, Hossain ‘763 claims: the acid comprises hydrochloric acid and nitric acid (claim 15).
As to claim 16, Hossain ‘763 claims: the metal particles of the metal target are thermally evaporated at a temperature of 700 to 1500 °C at a power of 0.1 to 2 amperes (A) per milligram of the metal target under vacuum; wherein the metal particles are silver particles, and the metal target is silver (claim 16).
As to claim 17, Hossain ‘763 claims: A method for measuring surface enhanced Raman scattering (SERS) signal of an analyte, the method comprising: contacting the analyte with the SERS substrate of claim 1 to form a sample; exposing the sample to laser light such that a portion of the laser light is scattered by the sample to form scattered light; and detecting the scattered light; wherein the analyte has a Rarman scattering signal that is enhanced relative to that of the analyte without contacting with the SERS substrate (claim 17).
As to claim 18, Hossain ‘763 claims: the analyte comprises at least one molecule selected from the group consisting of a synthetic molecule, a protein, a deoxyribonucleic acid sequence, a ribonucleic acid sequence, an amino acid, a peptide, a nucleotide, a nucleoside, and a neurotransmitter, (claim 18).
As to claim 19, Hossain ‘763 claims: the analyte comprises Rhodamine 6G (claim 19).
As to claim 20, Hossain ‘763 claims: the laser light has a wavelength of 600 to 650 nm, and the SERS substrate has an enhancement factor of 3 x105 to 50x105, (claim 20).
Allowable Subject Matter
5. Claim 1-20 would be allowable if overcome the rejection(s) under Double Patenting, set forth in this Office action.
6. The following is a statement of reasons for the indication of allowable subject matter: there was no prior art found by the examiner that suggested modification or combination with the cited art so as to satisfy the combination of all the limitations in claim 1.
7. As claim 1, the prior art of record taken alone or in combination, fails to disclose or render obvious a p-type Si wafer surface-enhanced Raman scattering (SERS) substrate comprising a silicon substrate having a surface having a plurality of silicon nanostructures, the silicon substrate is a p-type silicon wafer; the silicon nanostructures have a plurality of microscale valleys; the silicon nanostructures have a plurality of terraces in the microscale valleys, a plurality of trimers of silver nanoparticles (Ag-NPs) disposed on the terraces of the silicon nanostructures; in combination with the rest of the limitations of claim 1.
Closest art
8. Zhu (US 20120170032 A1) discloses a surface-enhanced Raman scattering (SERS) substrate (substrate 400, figure 11, “the SERS of the carrier 40 will be further enhanced”, paragraph [0090]) comprising: a silicon substrate having a surface having a plurality of silicon nanostructures (nano-structures 402, figure 11, the substrate can be made of silicon, paragraph [0028]). However, Zhu does not teach the silicon nanostructures have a plurality of microscale valleys having a width in a range from 1 to 20 µm on a surface of the silicon substrate, the silicon nanostructures have a plurality of terraces in the microscale valleys, a distance measured from the highest point of a microscale valley to the lowest point of the same microscale valley being in a range of from 20 to 80 µm, and a plurality of trimers of silver nanoparticles (Ag-NPs) disposed on the terraces of the silicon nanostructures.
Fax/Telephone Information
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June 26, 2026
/Tri T Ton/
Primary Examiner Art Unit 2877
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