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
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.
Claim(s) 1-7, 10-12, & 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over paper of Ryo Sekine, “Comparative Analysis of Surface-Enhanced Raman Spectroscopy of Daidzein and Formononetin”, 2010 hereafter Sekine in view of paper of Karel Decroos, “Administration of Equol-Producing Bacteria Alters the Equol Production Status in the Simulator of the Gastrointestinal Microbial Ecosystem (SHIME)”, 2006 hereafter Decroos
With respect to claim 1, Sekine teaches a determination kit, the kit determining by surface-enhanced Raman scattering spectroscopy (title).
Sekine does not teach equol.
Decroos, in the same field of endeavor as Sekine of detecting daidzein (4′,7-dihydroxy-isoflavone) from soy, teaches the detection of equol (fig 2), wherein the metabolic fate of daidzein (4’,7-dihydroxy-isoflavone) can be microbiologically transformed into equol via a microbial culture (pg. 946, col 1, line 17) (abstract, lines 4-5). At the time prior to the effective filing date of the in invention it would have been obvious to one of ordinary skill to try to detect equol from digested soy via Ryo’s SERS to help prevent chronic disease, including cardiovascular disease, hormone-dependent cancer, osteoporosis, and postmenopausal syndrome (pg. 946, col 1, line 1).
With respect to claim 2, Sekine teaches a method for determination, the method determining by surface enhanced Raman scattering spectroscopy (title).
Sekine does not teach equol.
Decroos, in the same field of endeavor as Sekine of detecting daidzein (4′,7-dihydroxy-isoflavone) from soy, teaches the detection of equol (fig 2), wherein the metabolic fate of daidzein (4’,7-dihydroxy-isoflavone) can be microbiologically transformed into equol via a microbial culture (pg. 946, col 1, line 17) (abstract, lines 4-5). At the time prior to the effective filing date of the in invention it would have been obvious to one of ordinary skill to try to detect equol from digested soy via Ryo’s SERS to help prevent chronic disease, including cardiovascular disease, hormone-dependent cancer, osteoporosis, and postmenopausal syndrome (pg. 946, col 1, line 1).
With respect to claim 3 according to claim 2, the combination teaches the method for determination of equol, wherein equol is determined by analyzing a peak found in at least one wavelength region selected from the group consisting of 1530 to 1630 cm·1, 1230 to 1330 cm·1, 1140 to 1240 cm·1, and 535 to 635 cm·1 (fig 2 Sekine).
With respect to claim 4, Sekine teaches a method for testing (title).
Sekine does not teach determining equol in a specimen collected from a subject.
Decroos, in the same field of endeavor as Sekine of detecting daidzein (4′,7-dihydroxy-isoflavone) from soy, teaches collecting a specimen comprising feces and soy powder, wherein the specimen is converted into equol after simulation of digestion via a supplemented microbial (pg. 946, abstract, lines 5-10). Decroos further teaches the test validates converting a non equol-producing subject into a producer (pg. 946, abstract, lines 11-12). At the time prior to the effective filing date of the in invention it would have been obvious to one of ordinary skill to try to detect equol from a subject via Ryo’s SERS’s substrate to help prevent chronic disease, including cardiovascular disease, hormone-dependent cancer, osteoporosis, and postmenopausal syndrome (pg. 946, col 1, line 1).
With respect to claim 5, Sekine teaches a surface-enhanced Raman scattering agent, the surface enhanced Raman scattering agent comprising a noble metal component “Silver (Ag) colloids” (pg. 7105, col 1, ¶ 4, lines 1-4 Sekine).
Sekine does not teach determination of equol.
Decroos, in the same field of endeavor as Sekine of detecting daidzein (4′,7-dihydroxy-isoflavone) from soy, teaches the detection of equol (fig 2), wherein the metabolic fate of daidzein (4’,7-dihydroxy-isoflavone) can be microbiologically transformed into equol via a microbial culture (pg. 946, col 1, line 17) (abstract, lines 4-5). At the time prior to the effective filing date of the in invention it would have been obvious to one of ordinary skill to try to detect equol via Ryo’s SERS’s substrate to help prevent chronic disease, including cardiovascular disease, hormone-dependent cancer, osteoporosis, and postmenopausal syndrome (pg. 946, col 1, line 1).
With respect to claim 6 according to claim 1, the combination teaches the equol determination kit comprising a surface-enhanced Raman scattering agent “Silver (Ag) colloids” (pg. 7105, col 1, ¶ 4, lines 1-4 Sekine).
With respect to claim 7 according to claim 1, the combination teaches the equol determination kit according comprising a surface-enhanced Raman scattering agent containing at least one noble metal component selected from the group consisting of silver “Silver (Ag) colloids” (pg. 7105, col 1, ¶ 4, lines 1-4 Sekine).
With respect to claim 10 according to claim 1, the combination does not teach an equal-producing ability test kit for testing whether a subject has equal-producing ability.
Decroos, in the same field of endeavor as Sekine of detecting daidzein (4′,7-dihydroxy-isoflavone) from soy, teaches the detection of equol (fig 2), wherein the metabolic fate of daidzein (4’,7-dihydroxy-isoflavone) can be microbiologically transformed into equol (pg. 946, col 1, line 17). Decroos further teaches the test validates converting a non equol-producing subject into a producer (pg. 946, abstract, lines 11-12). At the time prior to the effective filing date of the invention it would have been obvious to one of ordinary skill to try to detect equol from a subject via Ryo’s SERS to help prevent chronic disease, including cardiovascular disease, hormone-dependent cancer, osteoporosis, and postmenopausal syndrome (pg. 946, col 1, line 1).
With respect to claim 11 according to claim 2, the combination teaches the method comprising bringing a surface-enhanced Raman scattering agent into contact with a specimen “adsorption of the analyte to the metal surface” (pg. 7106, col 1, ¶ 3, lines 1-3 Sekine).
With respect to claim 12 according to claim 2, the combination teaches the method for determination of equol, wherein the method includes bringing a surface-enhanced Raman scattering agent into contact with a specimen “adsorption of the analyte to the metal surface” (pg. 7106, col 1, ¶ 3, lines 1-3 Sekine), and the specimen intestinal contents of a subject “fecal samples” (abstract, line 6 Sekine).
The combination does not teach subjecting specimen to centrifugation.
Decroos, in the same field of endeavor as Sekine of detecting daidzein (4′,7-dihydroxy-isoflavone) from soy, teaches a specimen fecal matter from a non-equol producing subject and soy powder, wherein the specimen is placed in a centrifuge with a microbial supplement to simulate conversion of equol during digestion (pg. 947, col 1, ¶ 3, lines 1-4). At the time prior to effective filing date of the invention it would have been obvious to one of ordinary skill to centrifuge intestinal contents to aid in the supplementation of individuals who do not produce equol in their gut biome (pg. 947, col 1, ¶ 2).
With respect to claim 14 according to claim 2, the combination teaches the method includes bringing a surface-enhanced Raman scattering agent into contact with a specimen “adsorption of the analyte to
the metal surface” (pg. 7106, col 1, ¶ 3, lines 1-3 Sekine), and the surface-enhanced Raman scattering agent is a noble metal colloidal solution “Silver (Ag) colloids” (pg. 7105, col 1, ¶ 4, lines 1-4 Sekine).
Claim(s) 8 & 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over paper of Ryo Sekine, “Comparative Analysis of Surface-Enhanced Raman Spectroscopy of Daidzein and Formononetin”, 2010 hereafter Sekine in view of paper of Karel Decroos, “Administration of Equol-Producing Bacteria Alters the Equol Production
Status in the Simulator of the Gastrointestinal Microbial Ecosystem (SHIME)”, 2006 hereafter Decroos in view of paper of Wan-Sun Kim, “A low-cost, monometallic, surface-enhanced Raman scattering-functionalized paper platform for spot-on bioassays”, 2015 hereafter Kim.
With respect to claim 8 according to claim 1, the combination teaches the equol determination kit comprising a surface-enhanced Raman scattering agent containing at least one noble metal component selected from the group consisting of silver “Silver (Ag) colloids” (pg. 7105, col 1, ¶ 4, lines 1-4 Sekine).
The combination does not teach a viscous dispersion medium.
Kim, in the same field of endeavor as Sekine of SERS, teaches a noble metal component is dispersed into a viscous medium forming a SERS substrate (abstract, lines 1-5). At the time prior to the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to combine a viscous dispersion medium with the combination’s noble metal as a low cost means of constructing a SERS substrate.
With respect to claim 13 according to claim 2, the combination teaches method for determination of equol wherein the method includes bringing a surface-enhanced Raman scattering agent into contact with a specimen “adsorption of the analyte to the metal surface” (pg. 7106, col 1, ¶ 3, lines 1-3 Sekine), and the surface-enhanced Raman scattering agent is a noble metal dispersion containing at least one noble metal component selected from the group consisting of silver “Silver (Ag) colloids” (pg. 7105, col 1, ¶ 4, lines 1-4 Sekine).
The combination does not teach a viscous dispersion medium.
Kim, in the same field of endeavor as Sekine of SERS, teaches a noble metal component is dispersed into a viscous medium forming a SERS substrate (abstract, lines 1-5). At the time prior to the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to combine a viscous dispersion medium with the combination’s noble metal as a low cost means of constructing a SERS substrate.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hirokazu KR20080072635 in view of paper of Karel Decroos, “Administration of Equol-Producing Bacteria Alters the Equol Production Status in the Simulator of the Gastrointestinal Microbial Ecosystem (SHIME)”, 2006 hereafter Decroos in further view of paper of Ryo Sekine, “Comparative Analysis of Surface-Enhanced Raman Spectroscopy of Daidzein and Formononetin”, 2010 hereafter Sekine.
With respect to claim 17, Hirokazu teaches a method for testing equal-producing ability, the method testing whether a subject has equal-producing ability, the method including: the specimen being intestinal contents “feces collected” of a subject “equol producer” by subjecting intestinal contents of a subject to centrifugation “centrifuged” (pg. 5, ¶ 3, lines 1-5); and determining equol “Ecuol concentration can be measured” (pg. 5, ¶ 3, lines 1-5).
Hirokazu does not teach a surface-enhanced Raman scattering agent into contact with a specimen and determining equol by surface-enhanced Raman scattering spectroscopy.
Decroos, in the same field of endeavor as Hirokazu of the detection equol, teaches the detection of equol (fig 2) in which daidzein (4’,7-dihydroxy-isoflavone) can be microbiologically transformed into equol (pg. 946, col 1, line 17).
Decroos does not teach a surface-enhanced Raman scattering agent into contact with a specimen, and determining equol by surface-enhanced Raman scattering spectroscopy.
Sekine, in the field of endeavor of detection of daidzein, teaches contacting a specimen comprising daidzein with a surface-enhanced Raman (SERS) scattering agent substrate to determine the concentration of daidzein in the sample. At the time prior to the effect filing date of the invention it would have been obvious to one ordinary skill in the art to combine Sekine’s SERS’s substrate with Hirokazu’s test to accurately assess a patient’s health based upon the amount of equol detected.
Allowable Subject Matter
Claims 9, 15, & 16 would be allowable if rewritten to include all of the limitations of the base claim and any intervening claims or to include the limitation(s) and any intervening claims into the base claim. The following is a statement of reasons for the indication of allowable subject matter:
As to claim 9, the prior art of record, taken alone or in combination, fails to disclose or render obvious “a gelatinous noble metal dispersion having a viscosity of from 50 to 100000 mPa·s at 25°C and a shear rate of 10 (1/s)”, in combination with the rest of the limitations of claim 9.
As to claim 15, the prior art of record, taken alone or in combination, fails to disclose or render obvious “viscosity of from 50 to 100000 mPa·s at 25°C and a shear rate of 10 (1/s)”, in combination with the rest of the limitations of claim 15.
As to claim 16, the prior art of record, taken alone or in combination, fails to disclose or render obvious “a dispersion medium having a viscosity of 50 mPa·s or greater at 25°C and a shear rate of 10 (1/s)”, in combination with the rest of the limitations of claim 16.
Conclusion
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/MAURICE C SMITH/Examiner, Art Unit 2877
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