`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313- 1450
`www.uspto.gov
`
`APPLICATION NO.
`
`
`
`
`
` F ING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`
`
`
`
`CONF {MATION NO.
`
`13/317,662
`
`10/25/2011
`
`Shoji Miyazaki
`
`55220/1035
`
`7466
`
`1912
`
`7590
`
`10/17/2013
`
`AMSTER,ROTHSTEIN&EBENSTEIN LLP
`90 PARK AVENUE
`NEW YORK, NY 10016
`
`ROSENWALD, STEVEN ERIC
`
`ART UNIT
`
`1759
`
`PAPER NUMBER
`
`
`
`
`NOT *ICATION DATE
`
`DELIVERY MODE
`
`10/ 1 7/201 3
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`PTODOCKET @ ARELAWCOM
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 13/317,662 MIYAZAKI ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventor to File)
`Office Action Summary
`
`1759STEVEN ROSENWALD [SENS
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`In no event however may a reply be timely filed
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1 .704(b).
`
`Status
`
`1)IZI Responsive to communication(s) filed on 9 July 2013.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|:l This action is non-final.
`2a)|Z| This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`
`; the restriction requirement and election have been incorporated into this action.
`
`4)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`5)IZI Claim(s) fl) is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`is/are allowed.
`6)I:I Claim(s)
`7)|Z| Claim(s) fl) is/are rejected.
`8)|:I Claim(s)
`is/are objected to.
`
`
`
`are subject to restriction and/or election requirement.
`)
`'
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`
`
`:/'I’vaIW.usnI‘.0. ovI’ atentS/init events/
`hI/index.‘s orsend an inquiryto PPI-iieedback{®usgtc.00v.
`
`hit
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)I:l The drawing(s) filed on
`is/are: a)I:I accepted or b)I:I objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`
`12)I:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)I:l All
`
`b)|:l Some * c)I:l None of the:
`
`1.I:I Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.|:| Copies of the certified copies of the priority documents have been received in this National Stage
`
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) E Notice of References Cited (PTO-892)
`
`3) D Interview Summary (PTO-413)
`
`Paper N°ISI/Ma" Date' —
`PTO/SB/08
`t
`1
`St
`I
`D'
`I'
`f
`2 IZI I
`)
`4) I:I Other:
`a emen (s) (
`Isc osure
`n orma Ion
`)
`Paper No(s)/Mai| Date 9 July 2013.
`US. Patent and Trademark Office
`PTOL—326 (Rev. 08-13)
`
`Part of Paper No./Mai| Date 20131003
`
`Office Action Summary
`
`

`

`Application/Control Number: 13/317,662
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`Page 2
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`Art Unit: 1759
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`DETAILED ACTION
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`The present application is being examined under the pre-AlA first to invent
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`provisions.
`
`Response to Amendment
`
`This is a final office action in response to applicant's arguments and remarks filed
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`on 23 August 2013.
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`The Examiner thanks applicant’s representative for his assistance in finding
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`support for the amended limitations of claim 37; instant specification pg. 24:21-pg. 25:3
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`(PGPub par. [0095]), pg. 25:13-18 [0097], and Fig. 6 at 815, S20, S21, and
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`acknowledges that the specification supports the new limitations.
`
`Claims 37-50 are pending in the application.
`
`Status of Objections and Rejections
`
`The terminal disclaimer filed 9 July 2013 obviates the double patenting rejection
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`made in the office action mailed 13 March 2013.
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`The rejection of claims 34-36 is obviated by Applicant's cancellation.
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`All rejections from the previous office action are withdrawn in view of Applicant's
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`amendment.
`
`New grounds of rejection under 35 U.S.C. 103(a) are necessitated by the
`
`amendments.
`
`Claim Rejections - 35 USC § 103
`
`The text of those sections of Title 35, U.S. Code not included in this action can
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`be found in a prior Office action.
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`

`

`Application/Control Number: 13/317,662
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`Page 3
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`Art Unit: 1759
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`1.
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`Claims 37-39, 49, and 50 are rejected under pre-AIA 35 U.S.C. 103(a) as being
`
`unpatentable over Yoshioka et al. (U.S. Patent No. 5,264,103) and further in view of
`
`White et al. (U.S. Patent No. 5,352,351).
`
`Regarding claim 37, Yoshioka teaches a method of measuring a quantity of a
`
`substrate using a biosensor (Title), the method comprising:
`
`providing a biosensor (Title) that includes:
`
`an insulating board (c5:1-5, Figs. 2 and 3 at 2);
`
`a sample supplying path on the insulating insulting board (c5:32-37, Fig. 3 at 18);
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`a sample liquid applying part at one end of the sample supplying path (c5:36-37,
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`Fig. 3 at 23);
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`an air hole at another end of the sample supplying path (c5:37-38, Figs. 2 and 3
`
`at 24);
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`a first pair of electrodes (Figs. 2 and 3 at 20) and a second pair of electrodes
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`(Figs. 2 and 3 at 19) on the insulating board (c5:44-49) in order from the sample liquid
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`applying part to the air hole (as in Figs. 2 and 3, the electrodes would be considered “in
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`order” regardless of which electrode pair is arbitrarily chosen as "first", see 010:31-41
`
`for the obviousness of reversing the choice of "first" and "second" electrode pairs); and
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`a reagent layer in at least a portion of the sample supplying path (c5:23-29 and
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`39-41, Fig. 3 at 5 “reagent layer” and 06:9-13, Fig. 3 at 25, both of reaction layer 5 and
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`reference layer 25 are construed as reagent layers, see c6:1-13, 48-55, and 62-66); and
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`

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`Application/Control Number: 13/317,662
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`Page 4
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`Art Unit: 1759
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`applying voltage to each of the first pair of electrodes and the second pair of
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`electrodes (c3:53-54); and
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`(i) after a sample liquid is supplied to the sample liquid applying part, measuring
`
`a first impedance (not the instantly recited current) value using the first pair of
`
`electrodes (c9:56-64),
`
`determining whether the first impedance (not the instantly recited current) value
`
`becomes reduced (not the instantly recited equal to or greater than a first predetermined
`
`value),
`
`measuring a second impedance (not the instantly recited current) value using the
`
`second pair of electrodes (c9:56-c10:2),
`
`determining whether the second impedance (not the instantly recited current)
`
`value becomes reduced (not the instantly recited equal to or greater than a second
`
`predetermined value), and thereafter
`
`performing a measuring process of the substrate (c10:3-14)); or
`
`(ii) if the sample liquid is supplied from the air hole (c10:31-35), measuring the
`
`second impedance (not the instantly recited current) value using the second pair of
`
`electrodes (c9:56-c10:2),
`
`determining whether the second impedance (not the instantly recited current)
`
`value becomes reduced (not the instantly recited equal to or greater than a second
`
`predetermined value),
`
`measuring the first impedance (not the instantly recited current) value using the
`
`first pair of electrodes (c9:56-64),
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`

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`Application/Control Number: 13/317,662
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`Page 5
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`Art Unit: 1759
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`determining whether the first impedance (not the instantly recited current) value
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`becomes reduced (not the instantly recited equal to or greater than the first
`
`predetermined value), and thereafter
`
`performing the measuring process of the substrate (c10:3-14).
`
`Yoshioka teaches all recited steps, but teaches measurement of impedance, not
`
`the instantly recited current, and the impedance is reduced due to presence of sample,
`
`not the instantly recited current exceeds a threshold value, to detect the presence of
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`sample in the biosensor.
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`However, White teaches a method of measuring a quantity of a substrate (c1:13-
`
`16, c5:39—40) comprising the steps of providing a biosensor (Fig. 1 at 10) having a
`
`substrate layer (Fig. 1 at 16), an electrode section (Fig. 1 at 12, 14) formed on the
`
`substrate layer, and a reagent layer (c5:42-45). White further teaches measuring a first
`
`current (c6:41-45, Fig. 3 “sensor current” at 64) to determine whether the sample liquid
`
`is supplied to the electrode section (Fig. 4 "drop detect threshold", c6:39-45 “exceeds
`
`threshold”, Fig. 6 at 106-108). After the sample droplet is detected, White measures a
`
`second current (Fig. 4 “sample size threshold”, 06:47-53 “second measurement”,
`
`“exceeds sample size threshold”, Fig. 6 at 110-112).
`
`Therefore, it would have been obvious to a person having ordinary skill in the art
`
`at the time the invention was made to modify the impedance measurement of Yoshioka
`
`with the first current measured becomes equal to or greater than a first predetermined
`
`value after a sample liquid is supplied of White (Fig. 4 "drop detect threshold", col. 6
`
`lines 39-45 “exceeds threshold”, Fig. 6 at 106-108) in order to provide drop detection
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`

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`Application/Control Number: 13/317,662
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`Page 6
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`Art Unit: 1759
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`and initiation of incubation time as taught by White (col. 6 lines 39-45), and to provide
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`the second current measured becomes equal to or greater than a second
`
`predetermined value of White (Fig. 4 “sample size threshold”, col. 6 lines 47-53 “second
`
`measurement , exceeds sample size threshold”, Fig. 6 at 110-112) in order to provide
`
`detection that sufficient blood is present to hydrate the enzyme reactants as taught by
`
`White (col. 6 lines 48-51).
`
`Regarding claim 38, Yoshioka teaches the reagent layer is on at least the first
`
`pair of electrodes (c6:1-13, where the choice of “first” and ”second” pair of electrodes is
`
`arbitrary as discussed above; reaction layer 5 is on the main electrode system,
`
`reference layer 25 is on the sub electrode system, and both 5 and 25 are construed as
`
`reagent layers as discussed above). Also, see MPEP 2144.04 VI(C) "Rearrangement of
`
`Parts".
`
`Regarding claim 39, Yoshioka and further in view of White is relied upon for the
`
`reasons given above in addressing claim 37, and White teaches (Fig. 4) that if the first
`
`measured voltage (Fig. 4 "drop detect threshold") is less than the second predetermined
`
`value (Fig. 4 "sample size threshold") and that measurement does not occur until after a
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`blood drop has been positioned in the well (Fig. 6 “no” at 108, col. 6 lines 39-45, note
`
`that drop detect threshold is less than sample detect threshold, so if measured voltage
`
`is insufficient to detect a drop it is less than the second predetermined value, "sample
`
`size threshold", and no measurement occurs), which reads on the instantly recited “the
`
`measuring process is not performed when the first voltage is less than the second
`
`predetermined value”.
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`

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`Application/Control Number: 13/317,662
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`Page 7
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`Art Unit: 1759
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`Regarding claim 49, Yoshioka teaches the air hole is located on top of the
`
`biosensor (Figs. 2 and 3 at 24).
`
`Regarding claim 50, Yoshioka teaches the first pair of electrodes is a working
`
`electrode and counter electrode (although the choice of "first" and "second" is
`
`considered arbitrary, and "working" and "counter" are considered to be intended use of
`
`the electrodes, not method steps, Yoshioka teaches both the sub electrode system
`
`arbitrarily chosen as “first” and the main electrode system 19 arbitrarily chosen as
`
`“second” comprise working and counter electrodes, see 05:9-12).
`
`2.
`
`Claims 40-44 are rejected under 35 U.S.C. 103(a) as being unpatentable over
`
`Nankai (U.S. Patent No. 5,266,179) and further in view of White et al. (U.S. Patent No.
`
`5,352,351).
`
`Regarding claim 40, Nankai teaches a method of measuring a quantity of a
`
`substrate (col. 6 lines 27-30) in a sample liquid, the method comprising:
`
`providing a biosensor (col. 2 lines 47-48) that includes:
`
`a sample supplying path (Fig. 6 at 26) by which the liquid sample is supplied to
`
`the biosensor through a first opening (Fig. 6 at 27 corresponds to Fig. 7 at 38, see col. 8
`
`lines 57-60);
`
`a first pair of electrodes located at least in part in the sample supplying path (Fig.
`
`6 at 6 and 7) and a second pair of electrodes (Fig. 6 at 9a and 9b) downstream of the
`
`first pair of electrodes along the sample supplying path in the direction of flow of the
`
`sample liquid and between the first pair of electrodes and a second opening that is in
`
`

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`Application/Control Number: 13/317,662
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`Page 8
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`Art Unit: 1759
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`communication with the sample supplying path (Fig. 6 at the unlabeled “air hole”, see
`
`Fig. 7 for location); and
`
`determining a voltage measured between electrodes (Abstract “current-to-voltage
`
`converter”, col. 6 line 43 to col. 7 line 3, Le. all measurements of current are considered
`
`to read on the instantly recited "voltage measured" in view of instant specification
`
`paragraph 0072), and
`
`Nankai teaches a second voltage measured between the second pair of
`
`electrodes becomes equal to or greater than a first predetermined value (col. 8 lines 27-
`
`43) but does not teach determining whether a first voltage measured between the first
`
`pair of electrodes becomes equal to or greater than a first predetermined value.
`
`However, White teaches a method of measuring a quantity of a substrate (col.
`
`1
`
`lines 13-16, col. 5 lines 39-40) comprising the steps of providing a biosensor (Fig. 1 at
`
`10) having a substrate layer (Fig. 1 at 16), an electrode section (Fig. 1 at 12,14) formed
`
`on the substrate layer, and a reagent layer (col. 5 lines 42-45). White further teaches
`
`measuring a first voltage to determine whether the sample liquid is supplied to the
`
`electrode section (Fig. 4 "drop detect threshold", col. 6 lines 39-45 “exceeds threshold”,
`
`Fig. 6 at 106-108). After the sample droplet is detected, White measures a second
`
`voltage (Fig. 4 “sample size threshold”, col. 6 lines 47-53 “second measurement”,
`
`“exceeds sample size threshold”, Fig. 6 at 110-112).
`
`Therefore, it would have been obvious to a person having ordinary skill in the art
`
`at the time the invention was made to provide the first voltage measured between the
`
`first pair of electrodes becomes equal to or greater than a first predetermined value of
`
`

`

`Application/Control Number: 13/317,662
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`Page 9
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`Art Unit: 1759
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`White (Fig. 4 “sample size threshold”, col. 6 lines 47-53 “second measurement”,
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`“exceeds sample size threshold”, Fig. 6 at 110-112) using the first pair of electrodes of
`
`Nankai (Fig. 6, electrodes 6 and 7) in order to provide detection that sufficient blood is
`
`present to hydrate the enzyme reactants as taught by White (col. 6 lines 48-51), where
`
`“thereby determining whether the sample liquid was applied to the second opening
`
`instead of to the first opening” flows from the structure and method steps recited by the
`
`combination.
`
`Regarding claim 41, “the quantity of the substrate is not measured if the
`
`determining step determines that the sample liquid was applied to the second opening”
`
`flows from the structure and voltage measuring steps recited in claim 40.
`
`Regarding claim 42, Nankai teaches the second opening comprises an air hole
`
`(Fig. 6 at the unlabeled “air hole”, see Fig. 7 for location and label).
`
`Regarding claim 43, Nankai and further in view of White is relied upon for the
`
`reasons given above in addressing claim 40 and White teaches (col. 6 lines 46-52) the
`
`quantity of the substrate is not measured if the second voltage is less than the second
`
`predetermined value.
`
`Regarding claim 44, Nankai teaches the reagent layer is on at least the first pair
`
`of electrodes (col. 6 lines 10-14, col. 8 lines 53-55, “reaction layer" reads on "reagent
`
`layer").
`
`

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`Application/Control Number: 13/317,662
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`Page 10
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`Art Unit: 1759
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`3.
`
`Claims 45 and 47 are rejected under 35 U.S.C. 103(a) as being unpatentable
`
`over Nankai (U.S. Patent No. 5,266,179, provided by Applicant as admitted prior art,
`
`see IDS received 25 October 2011).
`
`Regarding claim 45, Nankai teaches a method of measuring a quantity of a
`
`substrate (col. 6 lines 27-30) in a sample liquid, the method comprising:
`
`providing a biosensor (col. 2 lines 47-48) that includes:
`
`a sample supplying path (Fig. 6 at 26) by which the liquid sample is supplied to
`
`the biosensor from a sample inlet (Fig. 6 at 27 corresponds to Fig. 7 at 38, see col. 8
`
`lines 57-60);
`
`a first pair of electrodes located at least in part in the sample supplying path (Fig.
`
`6 at 6 and 7) and;
`
`a second pair of electrodes (Fig. 6 at 9a and 9b) downstream of the first pair of
`
`electrodes along the sample supplying path in the direction of flow of the sample liquid
`
`and between the first pair of electrodes and a second opening that is in communication
`
`with the sample supplying path (Fig. 6 at the unlabeled “air hole”, see Fig. 7 for
`
`location); and
`
`measuring a voltage measured between electrodes (Abstract “current-to-voltage
`
`converter”, col. 6 line 43 to col. 7 line 3, Le. all measurements of current are considered
`
`to read on the instantly recited "voltage measured" in view of instant specification
`
`paragraph 0072), and
`
`measuring a second voltage between the second pair of electrodes (col. 8 lines
`
`12-22) and a first voltage between the first pair of electrodes (col. 9 lines 7-19), where
`
`

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`Application/Control Number: 13/317,662
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`Page 11
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`Art Unit: 1759
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`“to determine whether the sample liquid was applied to the air hole instead of the
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`sample inlet” obviously flows from the structure and method steps recited by the
`
`combination.
`
`Regarding claim 48, Nankai teaches the reagent layer is on at least the first pair
`
`of electrodes (col. 6 lines 10-14, col. 8 lines 53-55, “reaction layer" reads on "reagent
`
`layer").
`
`4.
`
`Claims 46 and 47 are rejected under 35 U.S.C. 103(a) as being unpatentable
`
`over Nankai (U.S. Patent No. 5,266,179) and further in view of White et al. (U.S. Patent
`
`No. 5,352,351).
`
`Regarding claim 46, Nankai and further in view of White is relied upon for the
`
`reasons given above in addressing claim 45 and White teaches measuring the quantity
`
`of the substrate (Fig. 7 at 130) if the first voltage becomes equal to or greater than a first
`
`predetermined value (Fig. 4 “drop detect threshold”, Fig. 6 at 108) and the second
`
`voltage becomes equal to or greater than a second predetermined value (Fig. 4 “sample
`
`size threshold”, Fig. 6 at 112-114).
`
`Therefore, it would have been obvious to a person having ordinary skill in the art
`
`at the time the invention was made to provide the first voltage measured between the
`
`first pair of electrodes becomes equal to or greater than a first predetermined value of
`
`White (Fig. 4 “sample size threshold”, col. 6 lines 47-53 “second measurement”,
`
`“exceeds sample size threshold”, Fig. 6 at 110-112) using the first pair of electrodes of
`
`

`

`Application/Control Number: 13/317,662
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`Page 12
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`Art Unit: 1759
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`Nankai (Fig. 6, electrodes 6 and 7) in order to provide detection that sufficient blood is
`
`present to hydrate the enzyme reactants as taught by White (col. 6 lines 48-51).
`
`Regarding claim 47, Nankai and further in view of White is relied upon for the
`
`reasons given above in addressing claim 46 and White teaches (col. 6 lines 46-52) the
`
`quantity of the substrate is not measured if the second voltage is less than the second
`
`predetermined value.
`
`Response to Arguments
`
`In the arguments presented on page 9 of the amendment, the applicant argues
`
`that neither Nankai nor White disclose or suggest performing a measuring process even
`
`if the sample liquid is supplied from the air hole as recited in amended independent
`
`claim 37. This argument has been fully considered and is persuasive. Therefore, the
`
`rejection has been withdrawn. However, upon further consideration, a new ground(s) of
`
`rejection is made in view of Yoshioka et al. (U.S. Patent No. 5,264,103) and further in
`
`view of White et al. (U.S. Patent No. 5,352,351).
`
`Performing a measuring process even if the sample liquid is supplied from the air
`
`hole is not required by independent claims 40 and 45.
`
`In the arguments presented on page 9 of the amendment, the applicant argues
`
`that Nankai and White are silent about utilizing two pairs of electrodes for deciding
`
`whether or not to perform the measuring process.
`
`

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`Application/Control Number: 13/317,662
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`Page 13
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`Art Unit: 1759
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`Applicant’s argument with respect to independent claim 37 has been considered
`
`but is moot because the argument does not apply to the new primary reference being
`
`used in the current rejection.
`
`Applicant’s argument with respect to independent claim 40 has been considered,
`
`but is not persuasive. In response to applicant's arguments against the references
`
`individually, one cannot show nonobviousness by attacking references individually
`
`where the rejections are based on combinations of references. See In re Keller, 642
`
`F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck& Co., 800 F.2d 1091, 231
`
`USPQ 375 (Fed. Cir. 1986). As discussed in the rejection of claim 40, Nankai teaches
`
`two pairs of electrodes, measuring a second voltage between the second pair of
`
`electrodes (col. 8 lines 12-22) and a first voltage between the first pair of electrodes
`
`(col. 9 lines 7-19), and a second voltage measured between the second pair of
`
`electrodes becomes equal to or greater than a first predetermined value (col. 8 lines 27-
`
`43). White is then relied upon to to provide the first voltage measured between the first
`
`pair of electrodes becomes equal to or greater than a first predetermined value. White
`
`teaches two measurements for deciding whether or not to perform the measuring
`
`process, the references are obvious to combine because White teaches the
`
`measurement is performed for detection that sufficient blood is present to hydrate the
`
`enzyme reactants (col. 6 lines 48-51), and it would be obvious to use the first and
`
`second voltage measurements between the first and second electrode pairs of Nankai
`
`to provide the first and second measurements of White.
`
`

`

`Application/Control Number: 13/317,662
`
`Page 14
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`Art Unit: 1759
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`Applicant’s argument with respect to independent claim 45 has been considered,
`
`but is not persuasive. Nankai teaches two pairs of electrodes, measuring a second
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`voltage between the second pair of electrodes (col. 8 lines 12-22) and a first voltage
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`between the first pair of electrodes (col. 9 lines 7-19).
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`Conclusion
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`Applicant's amendment necessitated the new ground(s) of rejection presented in
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`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
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`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
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`CFR1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action.
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`In the event a first reply is filed within
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the date of this final action.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to STEVEN ROSENWALD whose telephone number is
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`(571 )270-1 149. The examiner can normally be reached on M-F, 9A to 5:30P.
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`

`

`Application/Control Number: 13/317,662
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`Page 15
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`Art Unit: 1759
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Luan Van can be reached on (571)272-8521. The fax phone number for the
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`organization where this application or proceeding is assigned is 571 -273-8300.
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`USPTO Customer Service Representative or access to the automated information
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`system, call 800-786-9199 (IN USA OR CANADA) or 571-272—1000.
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`/S. R./
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`Examiner, Art Unit 1759
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`/LUAN V VAN/
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`Supervisory Patent Examiner, Art Unit 1759
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`