Ex Parte HOLM-KENNEDYDownload PDFPatent Trial and Appeal BoardMay 25, 201613669308 (P.T.A.B. May. 25, 2016) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE 13/669,308 11105/2012 52059 7590 05/27/2016 LIFE TECHNOLOGIES CORPORATION Attn: IP Department 5823 Newton Drive Carlsbad, CA 92008 FIRST NAMED INVENTOR James HOLM-KENNEDY UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www .uspto.gov ATTORNEY DOCKET NO. CONFIRMATION NO. LT00362.4 CON (L) 7708 EXAMINER CRUZ, LESLIE PILAR ART UNIT PAPER NUMBER 2826 NOTIFICATION DATE DELIVERY MODE 05/27/2016 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): LifetechDocket@system.foundationip.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte JAMES HOLM-KENNEDY Appeal2014-009017 Application 13/669,308 Technology Center 2800 Before CHUNG K. PAK, TERRY J. OWENS, and BRIAND. RANGE, Administrative Patent Judges. OWENS, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE The Appellant appeals under 35 U.S.C. § 134(a) from the Examiner's rejection of claims 40 and 42-59. We have jurisdiction under 35 U.S.C. § 6(b). The Invention The Appellants claim a chemical sensor. Claim 40 is illustrative: 40. A chemical sensor comprising: an unbiased resistor; an insulating layer coupled to the unbiased resistor; at least one receptor coupled to the insulating layer, the at least one receptor configured to attach a target in a solution in communication with the sensor; and a detection circuit for measuring a change in the resistor's resistance caused by pH changes of the solution. Appeal2014-009017 Application 13/669,308 Kennani Abstreiter Lu The References US 2003/0094383 Al US 2004/0007740 Al US 2005/0116263 Al The Rejections May 22, 2003 Jan. 15,2004 June 2, 2005 The claims stand rejected under 35 U.S.C. § 103 as follows: claims 40, 42-52, 58 and 59 over Lu in view of Abstreiter and claims 53-57 over Lu in view of Abstreiter and Kermani. OPINION We affirm the rejections. The Appellant argues the claims as a group (Br. 12-19). Although an additional reference is applied in the rejection of claims 53-57 the Appellant does not argue the separate patentability of those claims (Br. 19). We therefore limit our discussion to one claim, i.e., claim 40, which is the sole independent claim. Claims 42-59 stand or fall with that claim. See 37 C.F.R. § 41.37(c)(l)(iv) (2012). Lu discloses a ZnO metal-insulator-semiconductor field effect transistor (MISFET) biosensor (20) comprising a thin ZnO semiconductor epitaxial layer gate (channel 24) and doped source and drain regions (25) on a substrate (22), metal electrodes (27) on the source and drain regions (25), a gate insulator (26) on the gate (24), and ZnO nanotip receptors (12) on the gate insulator (26) (i1i133-34; Fig. 2 (shown below)). "When a biological reaction occurs with the target at the ZnO nanotips 12, the negative surface charge will change, inducing with a potential difference between the gate and the ZnO film. This potential difference will change the conductivity in then-type ZnO channel 24 under the gate insulator 26, resulting in a change in the current between the source and the drain regions 25" (i-f 36). 2 Appeal2014-009017 Application 13/669,308 24 20~ 22 Lu's Fig. 2. 28 27 The Appellant argues that "[a Jn unbiased resistor is a passive element. In contrast, a FET is an active element and is biased. A FET is not a resistor. Therefore, the PET-type biosensors of Lu do not render claim 40 obvious" (Br. 15). The Appellant's Specification does not include the term "unbiased resistor" or discuss the lack of biasing of the resistor. 1 The Appellant relies upon "resistor 169, Fig. 9A" (Br. 9) as corresponding to the recited unbiased resistor. Element 169 is a depletion region (Spec. 35). It appears that the Appellant intends to rely upon resistor 167 (Spec. 35; Fig. 9A (shown below)). 1 The requirement that the resistor is unbiased was added in an amendment filed on May 2, 2013. 3 Appeal2014-009017 Application 13/669,308 169 ·--~-·~-.._~ 163 ... ------167 r I I ! ...--115 l ___ ............ S ...... u~~-=---............ r' Appellant's Fig. 9A. The Appellant's Specification indicates that resistor 167 is the resistor gate region to which receptors (recognition elements 165) are attached (Spec. 35; Fig. 9A) and that the gate can be an PET gate (channel 17) (Spec. 16; Fig. l R (sho\vn below)). Hence, the Appellant's Specification indicates that resistor 167 can be an PET gate. The relevant question is not, as argued by the Appellant, whether Lu's PET is unbiased (Br. 15), but, rather, is whether Lu's FET's gate (channel 24), which corresponds to the Appellant's resistor (167), is unbiased. 4 Appeal2014-009017 Application 13/669,308 Appellant's Fig. IB. The relevant meaning of "bias" is "[a] direct current voltage applied to a transistor control electrode to establish the desired operating point. " 2 The Appellant's and Lu's disclosures relevant to biasing are as follows: The Appellant discloses: Biochemical charge attached to the surface of the resistor causes an opposite charge change in the resistor. Such [charge] changes the resistance since the number of conducting charges is changed. Thus, the bioresistor's resistance value is changed in response to charged biochemical attachment. Resistance is measured. The resistance change provides a measure of target detection. [Spec. 27] Attachment of charges to the surface of a resistor sets up image charges that affect the free conducting carriers in the bioresistors. The change in free conducting charge in the bioresistors exhibits itself and a change in the bioresistors['] resistance. A measure of this resistance change provides a measure of the attached charge and therefore a quantitative measurement of the attach[ ed] biochemical concentration. [Spec. 34] Similarly, Lu discloses (i-f 36): When a biological reaction occurs with the target at the ZnO nanotips 12 [which correspond to the Appellant's at least one receptor], the negative surface charge will change, inducing with [sic] a potential difference between the gate and the ZnO film. This potential difference will change the conductivity in the n-type ZnO channel 24 [which corresponds to the Appellant's unbiased resistor] under the gate insulator 26 2 MCGRAW-HILL DICTIONARY OF SCIENTIFIC AND TECHNICAL TERMS 219 (5th ed. 1994). 5 Appeal2014-009017 Application 13/669,308 [which corresponds to the Appellant's insulating layer coupled to the unbiased resistor], resulting in a change in the current between the source and the drain regions 25 [which correspond to the Appellant's source (19) and drain (21); Spec. 16; Fig. lB]. Thus, both the Appellant and Lu indicate that the gate [the Appellant's resistor 167; Lu's gate 24] is to be unbiased so its resistance/conductivity can change proportionally to the change in charge on it resulting from target attachment. Accordingly, we are not persuaded of reversible error in the rejections. DECISION/ORDER The rejections under 35 U.S.C. § 103 of claims 40, 42-52, 58 and 59 over Lu in view of Abstreiter and claims 53-57 over Lu in view of Abstreiter and Kermani are affirmed. It is ordered that the Examiner's decision is affirmed. No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a). AFFIRMED 6 Copy with citationCopy as parenthetical citation