PATENT COOPERATION TREATY
`
`PCT
`
`INTERNATIONAL PRELIMINARY REPORT ON PATENTABILITY
`
`(Chapter I of the Patent Cooperation Treaty)
`
`(PCT Rule 44bis)
`
`Applicant’s or agent’s file reference
`44854-725601
`
`FOR FURTHER ACTION
`
`See item 4 below
`
`International filing date (day/month/year)
`International application No.
`02 August 2017 (02.08.2017)
`PCT/U82017/045105
`International Patent Classification (8th edition unless older edition indicated)
`See relevant information in Form PCT/ISA/237
`
`Priority date (day/month/year)
`03 August 2016 (03.08.2016)
`
`Applicant
`TWIST BIOSCIENCE CORPORATION
`
`This international preliminary report on patentability (Chapter I) is issued by the International Bureau on behalf of the
`International Searching Authority under Rule 44 bis.1(a).
`
`This REPORT consists of a total of 7 sheets, including this cover sheet.
`
`In the attached sheets, any reference to the written opinion of the International Searching Authority should be read as a
`reference to the international preliminary report on patentability (Chapter I) instead.
`
`This report contains indications relating to the following items:
`
`Box \0. I
`
`Basis of the report
`
`Box \0. II
`
`Box \0.
`
`
`
`Priority
`
`Non—establishment of opinion with regard to novelty, inventive step and industrial
`applicability
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`Lack of unity of invention
`
`Reasoned statement under Article 35(2) with regard to novelty, inventive step or
`industrial applicability; citations and explanations supporting such statement
`
`Certain documents cited
`
`Certain defects in the international application
`
`Certain observations on the international application
`
`'lhe International Bureau will communicate this report to designated Offices in accordance with Rules 44bis.3(c) and 93bis.1
`but not, except where the applicant makes an express request under Article 23(2), before the expiration of 30 months from
`the priority date (Rule 44bis .2).
`
`The International Bureau of WIPO
`34, chemin des Colombettes
`1211 Geneva 20, Switzerland
`Facsimile NO. +41 22 338 82 70
`Form PCT/IB/373 (January 2004)
`
`Date of issuance of this report
`05 February 2019 (05.02.2019)
`
`AthHZEd officer
`
`-
`XlaOfan Tang
`e—mail; pct.[eam2@wip0.int
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`
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`
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`Box \0.
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`Box \0.
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`Box \0.
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`Box \0.
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`Box \0.
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`

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`PCT/USZO1 7/0451 05 20.10201 7
`
`From the
`INTERNATIONAL SEARCHING AUTHORITY
`
`PATENT COOPERATION TREATY
`
`T°5 David Harburger
`Wilsin Sonsini Goodrich & Rosati
`650 Page Mill Road
`Palo Alto, California 94304
`United States of America
`
`PCT
`
`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`Applicant’s or agent’s file reference
`44854-725601
`
`2 0 0 C T 2017
`(day/month/year)
`FOR FURTH ER ACTION
`See paragraph 2 below
`
`International application No.
`
`International filing date (day/monIh/year)
`
`Priority date (day/monrh/year)
`
`02 August 2017 (02.08.2017)
`PCT/US17/45105
`lntemational Patent Classification (lPC) or both national classification and WC
`IPC - C12N15/10, 15/66; C408 50/00, 50/14, 50/18 (2017.01)
`CPC -
`
`C12N 15/10. 15/66. 15/1093; C408 50/00, 50/14, 50/18
`
`03 August 2016 (03.08.2016)
`
`(PCT Rule 43bis. l) Date ofmailing
`APP'ica’“ TWIST BIOSCIENCE CORPORATION
`DIEDHEDGE Box No. Vlll Certain observations on the international application
`
`I, This opinion contains indications relating to the following items:
`
`Box No.
`
`l
`
`Basis ofthe opinion
`
`Box No. II
`
`Priority
`
`Box No. III Non-establishment ofopinion with regard to novelty, inventive step and industrial applicability
`
`Box No. lV Lack of unity ofinvention
`
`Box No. V
`
`Reasoned statement under Rule 43bis. l (a)(i) with regard to novelty, inventive step and industrial applicability;
`citations and explanations supporting such statement
`Box No. VI Certain documents cited
`
`Box No. Vll Certain defects in the international application
`
`2. FURTHER ACTION
`
`lfa demand for international preliminary examination is made, this opinion will be considered to be a written opinion ofthe
`lntemational Preliminary Examining Authority (“lPEA”) except that this does not apply where the applicant chooses an Authority
`other than this one to be the lPEA and the chosen lPEA has notified the lntemational Bureau under Rule 66.1bis(b) that written
`opinions ofthis lntemational Searching Authority will not be so considered.
`lfthis opinion is, as provided above, considered to be a written opinion of the lPEA, the applicant is invited to submit to the lPEA
`a written reply together, where appropriate, with amendments, before the expiration of 3 months from the date of mailing of Form
`PCT/[SA/ZZO or before the expiration of 22 months from the priority date, whichever expires later.
`For further options, see Form PCT/ISA/220.
`
`
`Name and mailing address ofthe ISA/US Date of completion of this opinion
`M 'I St
`PCT. Att
`:lSA/US
`Commissioner for Patents
`a W
`n
`PO. Box 1450. Alexandria, Virginia 22313-1450
`Facsimile No. 571-273-8300
`
`05 OCtOber 2017 (05'10'2017)
`
`
`
`Authorized officer
`Shane Thomas
`PCT Helpdesk: 571_272.4300
`PCT OSP: 571-272-7774
`
`Form PCT/lSA/237 (cover sheet) (January 2015)
`
`

`

`PCT/U82017I0451 05 20.1 0.201 7
`
`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`International application No.
`PCT/US17/45105
`
`
`Box No.l
`
`Basis of this opinion
`
`1. With regard to the language, this opinion has been established on the basis of:
`
`the international application in the language in which it was filed.
`
`
`
`
`
`[:1 a translation ofthe international application into
`which is the language ofa translation
`
`fiimished for the purposes ofinternational search (Rules 12.3(a) and 2.5. l(b)).
`
` This opinion has been established taking into account the rectification ofan obvious mistake authorized by or notified to
`
`this Authority under Rule 9] (Rule 43bis. 1(a)).
`
` With regard to any nucleotide and/or amino acid sequence disclosed in the international application, this opinion has
`
`been established on the basis ofa sequence listing:
`
`
`
`
`
`
`
`
`
`
`
`
`in the form of an Annex C/ST.25 text file (Rule llter. 1(a)).
`[2]
`
`
`[:1 on paper or in the form ofan image file (Rule 13Ier. 1(b) and Administrative Instructions, Section 713).
`
` g In addition, in the case that more than one version or dopy ofa sequence listing has been filed or furnished, the required
`statements that the information in the subsequent or additional copies is identical to that forming part ofthe application as
`
`
`filed or does not go beyond the application as filed, as appropriate, were fiJrnished.
`
`5. Additional comments:
`
`a. D forming part ofthe international application as filed:
`CI in the form ofan Annex C/ST.25 text file.
`E] on paper or in the form of an image file.
`
`b. I: furnished together with the international application under PCT Rule lBter.l(a) for the purposes ofinternational
`search only in the form ofan Annex C/ST.25 text file.
`
`c.
`
`furnished subsequent to the intemational filing date for the purposes ofintemational search only:
`
`
`
`Form PCT/lSA/237 (Box No. l) (January 2015)
`
`

`

`PCT/U82017I0451 05 20.1 0.201 7
`
`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`lntemational application No.
`PCT/U817/45105
`
`Box No. V
`
`Reasoned statement under Rule 43bis.l(a)(i) with regard to novelty, inventive step and industrial applicability;
`citations and explanations supporting such statement
`
`Statement
`
`Novelty (N)
`
`inventive 5th (IS)
`
`Claims
`Claims
`
`Claims
`Claims
`
`17-21, 29
`
`“' Ploaco Soc Below-"'-
`
`
`NONE
`-“‘-Please See Below-""-
`
`lndustrial applicability (IA)
`
`Claims
`Claims
`
`-"‘-P|ease See Below-"'-
`NONE
`
`
`
`Citations and explanations:
`2.
`-Continued from Box No. V: 1. Statement:
`
`Novelty (N): YES: Claims 1-16. 22-28. 30/1-16. 30/22-28. 31/30/1-16. 31/30/22-28. 32/31/30/1-16. 32/31/30/22-28. 33/31/30/1-16,
`33/31/30/22-28. 34/31/30/1-16. 34/31/30/22-26, 35/31/30/1-16, 35/31/30/22-28. 36/31/30/1-16. 36/31/30/22-28, 37/1-16, 37/22-28.
`38/37/1-16, 38/37/22-28, 39/1-16, 39122-28
`
`Inventive step (IS): NO: Claims 1-29, 31/1-29, 32/31/1-29, 33/31/1-29, 34/31/1-29, 35/31/1-29, 36/31/1-29, 37/1-29, 38/37/31l1-29,
`39/31/1-29
`
`industrial Applicability (IA): YES: Claims 1-29, 31/1-29, 32/31/1-29, 33/31/1-29, 34/31/1-29, 35/31/1-29. 36/31/1—29. 37/1-29.
`38/37/31/1-29, 39/31/1—29
`
`-Continued from Box No. V. 2: Citations and Explanations:
`
`Claims 1-16. 22-28. 30/1-16. 30/22-28. 31/30/1-16. 31/30/22—28, 32/31/30/1-16. 32/31130/22-28. 33/31/30/1-16. 33/31/30/22—28.
`34/31/3011-16. 34/31/30/22-28. 35/31/30/1-16. 35/31/30/22-28, 36/31/30/1-16. 36/31/30/22-28, 37/1-16. 37/22-28, 38/37/1-16.
`38/37/22-28. 39/1-16, and 39/22-28 lack novelty under PCT Article 33(2) as being anticipated by US 2016/0090592 A1 (Twist Bioscience
`Corporation) (hereinafter ‘Twist').
`
`As per claim 1, Twist discloses a device for polynucleotide synthesis (a device for polynucleotide synthesis; abstract; paragraphs [0016],
`[0199]; claim 21), the device comprising: a solid support comprising a surface (a solid support having a surface; paragraphs [0016].
`[0018]); a plurality of loci on the surface (having a plurality of resolved loci on the surface; paragraph [0016]), wherein each of the loci
`comprises: an inner region (wherein the loci comprises microstructures (inner regions); figure 25A; paragraph [0017]), wherein the inner
`region comprises a plurality of recesses or protrusions (wherein the micorstructures comprise channels having depth (recesses);
`paragraphs [0017]. [0210]); and an outer region that comprises a plurality of first molecules (wherein the support includes a surface
`comprising a plurality of loci for oligonucleic acid extension; claim 21 ), wherein the outer region spans and extends beyond the inner
`region (wherein the outer region spans and extends beyond the inner region; figure 25A), and wherein each of the first molecules binds to
`the surface and comprises a reactive group capable of binding to a nucleoside (coating the plurality of loci with a moiety that binds both to
`the surface and to a nucleoside; claim 22).
`
`As per claim 2, Twist discloses the device of claim 1. and Twist further discloses wherein the plurality of loci are arranged in clusters
`(substrate comprises 108 clusters; paragraph [0604]).
`
`As per claim 3, Twist discloses the device of claim 2, and Twist further discloses wherein each cluster comprises 50 to 500 loci (each
`cluster comprises 109 groupings of fluidic connections; figure 25A; paragraph [0604]).
`
`As per claim 4. Twist discloses the device of claim 2. and Twist further discloses wherein each cluster comprises about 121 loci (each
`cluster comprises 109 groupings of fluidic connections (about 121 loci); figure 25A; paragraph [0604]).
`
`As per claim 5, Twist discloses the device of claim 1. and Twist further discloses wherein the outer region has a diameter of up to 100 um
`(the distance between two groupings in a row (2506) may be from 0.04 mm-0.2 mm (wherein the outer region has a diameter of up to 100
`um); figure 250; paragraph [0258]).
`
`As per claim 6. Twist discloses the device of claim 1. and Twist further discloses wherein the outer region has a diameter of about 60 um
`(the distance between two groupings in a row (2506) may be from 0.04 mm-0.2 mm (wherein the outer region has a diameter of about 60
`um); figure 25C; paragraph [0258]).
`
`—““—Continued Within the Next Supplemental Box—“"—
`
`Form PCT/lSA/237 (Box No. V) (January 2015)
`
`

`

`PCT/U82017I0451 05 20.1 0.201 7
`
` International application No.
`
`PCTIUS17/45105
`
`
`
`
`
`In case the space in any of the preceding boxes is not sufficient.
`Continuation of:
`
`no.
`-Continued from Box V: Citations and Explanations-"‘-
`
`
`
`As per claim 7, Twist discloses the device of claim 6, and Twist further discloses wherein the inner region has a diameter bf about 55 um
`
`
`(the cross-section of a first channel in a grouping (2504) may be from 0.04 mm-O.2 mm (wherein the inner region has a diameter of
`
`about 55 um); paragraph (0259]).
`
`As per claim 8, Twist discloses the device of claim 1, and Twist further discloses wherein the inner region has a diameter 80% to 95%
`
`
`shorter than a diameter of the outer region (the inner diameter can be 0.02 mm and the outer depth can be 0.2 mm (wherein the inner
`region has a diameter 80% to 95% shorter than a diameter of the outer region); figures 25A, 25C; paragraphs [0258], [0259]).
`As per claim 9, Twist discloses the device of claim 1, and Twist further discloses wherein the inner region has a diameter 2 um to 20 um
`
`
`shorter than a diameter of the outer region (the inner diameter can be 0.040 mm (40 um) and the outer diameter can be 0.045 (45 um);
`figures 25A. 25C; paragraphs [0258], [0259]).
`
`As per claim 10, Twist discloses the device of claim 1, and Twist further discloses wherein the inner region has a diameter about 5 urn
`
`shorter than a diameter of the outer region (the inner diameter can be 0.040 mm (40 um) and the outer diameter can be 0.045 (45 um);
`
`figures 25A, 25C; paragraphs [0258], [0259]).
`As per claim 11, Twist discloses the device of claim 1, and Twist further discloses wherein each of the recesses or protrusions has an
`
`
`etch depth of 100 um to 1000 nm (the channel can have an etch depth of 200 um; paragraph [0559]).
`
`As per claim 12, Twist discloses the device of claim 1, and Twist further discloses wherein each of the recesses or protrusions has an
`
`
`etch depth of 200 um to 500 nm (the channel can have an etch depth of 200 um; paragraph [0559]).
`
` As per claim 13, Twist discloses the device of claim 1. and Twist further discloses wherein each of the recesses or protrusions has a
`
`width of 100 um to 500 um (the channel can have width of 100-1000 um; paragraph [0017]).
`
`
`
` As per claim 14, Twist discloses the device of claim 1, and Twist further discloses wherein each of the recesses or protrusions has a
`width of 300 um to 330 um (the channel can have width of 100-1000 urn; paragraph [0017]).
`
`
`As per claim 15, Twist discloses the device of claim 1, and Twist further discloses wherein each of the recesses or protrusions has a
`
`
`pitch length of about 2 to 3 times a width of the recesses or protrusions (the distance between two groupings in a row (2506) may be 02
`
`
`
`
`mm and the diameter of the channel may be 0.1 mm (wherein each of the recesses or protrusions has a pitch length of about 2 times a
`width of the recesses), figures 25A, 25C, paragraphs [0258], [0259]).
`
`As per claim 16, Twist discloses the device of claim 1, and Twist further discloses wherein each of the recesses or protrusions has a
`
`
`depth of about 60% to 125% of a pitch length (the channel can have an etch depth of 0.2 mm and a distance between two groupings in a
`row (2506) of 0.2 mm (wherein each of the recesses or protrusions has a depth of about 100% of a pitch length); paragraph [0559]).
`As per claim 22. Twist discloses the device of claim 1, and Twist further discloses wherein the solid support comprises nylon.
`
`
`nitrocellulose, or polypropylene (paragraph [0324]), nitrocellulose (paragraph [0324]). or polypropylene (paragraph [0324]).
`
` As per claim 23, Twist discloses the device of claim 1, and Twist further discloses wherein the solid support comprises silicon, silicon
`dioxide, silicon nitride, polytetrafluoroethylene, polypropylene, polystyrene, polycarbonate, gold, or platinum (paragraph [0324]). As per claim 24, Twist discloses the device of claim 1, and Twist further discloses wherein each of the first molecules is a silane
`
`
`(wherein the moiety that binds both to the surface and to the nucleoside is a silane; claim 23).
`As per claim 25, Twist discloses the device of claim 24, and Twist further discloses wherein the silane is an aminosilane (claim 25).
`
`
`As per claim 26, Twist discloses the device of claim 25, and Twist further discloses wherein each of the first molecules is
`
`N-(3-triethoxysilylpropyl)-4— hydroxybutyramide (HAPS) (claim 24), 11-acetoxyundecyltriethoxysilane (claim 24), n-decyltriethoxysilane
`
`(claim 24), (3- aminopropyl )trimethoxysilane (claim 24), (3 -aminopropy|)triethoxysilane (claim 24), 3- glycidoxypropyltrimethoxysilane
`(claim 24), 3-iodo-propyl trimethoxysilane, or octylchlorosilane.
`
`As per claim 27, Twist discloses the device of claim 1. and Twist further discloses a plurality of second molecules (a plurality of
`
`
`fluorosilane molecules; claims 21 , 26-27), wherein the plurality of second molecules is located on the surface in a region surrounding the
`
`outer region of each of the loci (coating the surface with a moiety that binds to the surface; claim 26), and wherein each of the second
`
`
`molecules binds to the surface and lacks a reactive group capable of binding to the nucleoside (and lacks an available reactive group
`that binds to a nucleoside phosphoramidite; claim 26).
`
`o.n_
`-"'-Continued Within the Next Supplemental Box—
`
`
`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`Supplemental Box
`
`
`
`Form PCT/[SA/237 (Supplemental Box) (January 2015)
`
`

`

`PCT/U82017I0451 05 20.1 0.201 7
`
`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`
`lntemational application No.
`PCT/US17/45105
`
`
`Supplemental Box
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`In case the space in any of the preceding boxes is not sufficient.
`Continuation of:
`
` -'“-Continued from Previous Supplemental Box-"‘-
`As per claim 28, Twist discloses the device of claim 27. and Twist further discloses wherein each of the second molecules is a
`
`fluorosilane. Twist discloses wherein each of the second molecules is a fluorosilane (a plurality of fluorosilane molecules; claims 21,
`
`26-27).
`As per claims 30/1-16 and 30/22-28, Twist discloses the device of claims 1-16 and 22-28, and Twist further discloses a method for
`
`
`polynucleotide synthesis (a method for polynucleotide synthesis; abstract; paragraphs [0016], [0199]; claim 21 ), comprising: (a)
`
`providing predetermined sequences for polynucleotides (providing predetermined sequences for a library of at least 100,000
`
`
`non—identical oligonucleic acids; claim 21); (b) providing the device (abstract; paragraphs [0016], [0199]; claim 21) ; and (c) synthesizing
`the polynucleotides (claim 21 ).
`
` As per claims 31/30/1-16 and 31/30/22-28, Twist discloses the device of claims 30l1-16 and 30122-28, and Twist further discloses
`
`
`wherein the polynucleotides comprise at least 30,000 non-identical polynucleotides (claim 21).
`
` As per claims 32/31/30/1-16 and 32/31/30/22-28, Twist discloses the device of claims 31/30/1-16 and 31/30/22-28. and Twist further
`
`
`discloses wherein the at least 30,000 non-identical polynucleotides encode for at least 750 genes (a library of at least 100,000
`non-identical oligonucleic acids encode for 5000 genes; paragraphs [0008], [0199]; claim 21).
`
`As per claims 33l31/30l1-16 and 33/31/30/22-28, Twist discloses the device of claims 31/30/1-16 and 31/30/22-28, and Twist further
`
`discloses wherein the at least 30,000 non-identical polynucleotides have an aggregate error rate of less than 1 in 1000 bases compared
`
`to the predetermined sequences for polynucleotides (wherein at least 100,000 non-identical oligonucleic acids encode sequences with
`
`an aggregate error rate of less than 1 in 2000 bases; paragraph [0199]; claim 46).
`As per claims 34/31/30/1-16 and 34/31/30/22-28, Twist discloses the device of claims 31/30/1-16 and 31/30/22-28, and Twist further
`
`
`discloses wherein the at least 30,000 non-identical polynucleotides have an aggregate error rate of less than 1 in 1500 bases compared
`
`to the predetermined sequences for the polynucleotides (wherein at least 100,000 non-identical oligonucleic acids encode sequences
`with an aggregate error rate of less than 1 in 2000 bases; paragraph [0199]; claim 46).
`
` As per claims 35/31/30/1-16 and 35/31/30/22-28, Twist discloses the device of claims 31/30/1-16 and 31/30/22-28, and Twist further
`
`
`discloses wherein at least 80% of the at least 30,000 non-identical polynucleotides have no errors compared to the predetermined
`
`sequences for the polynucleotides (wherein the synthesized at least 100,000 non-identical oligonucleic acids encode sequences with an
`
`
`aggregate error rate of less than 1 in 2000 bases compared to the predetermined sequences, and wherein 89% were sequenced were
`perfect sequences with no errors; paragraph [0647]; claim 21).
`
` As per claims 36/31/30/1-16 and 36/31/30/22-28, Twist discloses the device of claims 31/30/1-16 and 31/30/22—28, and Twist further
`
`
`discloses wherein at least 89% of the at least 30,000 non—identical polynucleotides have no errors compared to the predetermined
`
`sequences for the polynucleotides (wherein the synthesized at least 100,000 non-identical oligonucleic acids encode sequences with an
`
`
`aggregate error rate of less than 1 in 2000 bases compared to the predetermined sequences, and wherein 89% were sequenced were
`perfect sequences with no errors; paragraph [0647]; claim 21 ).
`
`As per claims 37/1-16 and 37/22-28, Twist discloses the device of claims 1-16 and 22-28, and Twist further discloses a method for gene
`
`
`synthesis (a method for gene synthesis; abstract) comprising: (a) providing predetermined sequences for polynucleotides (providing
`predetermined sequences for a library of at least 100,000 non-identical oligonucleic acids; claim 21); (b) providing the device (abstract:
`paragraphs [0016], [0199]; claim 21); (c) synthesizing the polynucleotides (claim 21); and (d) assembling the polynucleotides to form a
`plurality of genes (construction of large libraries of long, high-quality genes; abstract; claim 21).
`
`hybridized nucleic acids to synthesize the long nucleic acid molecule; paragraph [0063]).
`
`As per claims 38/37/1-16 and 38/37/22-28, Twist discloses the method of claims 37/1-16 and 37/22-28, and Twist further discloses
`
`releasing the polynucleotides prior to step (d) (releasing said plurality of nucleic acids into solution prior to extension or ligation of said
`
`As per claims 39/1—16 and 39/22—28, Twist discloses the device of claims 1—16 and 22—28, and Twist further discloses a system for
`
`polynucleotide synthesis (a system for polynucleotide synthesis; abstract; paragraphs [0266], [0557]), the system comprising: (a) a
`
`material deposition device (a deposition device such as an inkjet; paragraph [0266]) comprising a plurality of reagents for polynucleotide
`
`synthesis (the inkjet heads may each deposit a different codon (trinucleotide) building blocks; paragraph [0557]) and a plurality of
`nozzles for depositing the plurality of reagents for polynucleotide synthesis (the inkjet heads can have Silicon orifice plates with 256
`
`nozzles for polynucleotide synthesis: paragraph [0557]); (b) a computer for controlling release of the plurality of reagents for
`
`polynucleotide synthesis from the plurality of nozzles (a computer for controlling release of the plurality of reagents for polynucleotide
`
`synthesis from the plurality of nozzles; paragraphs [0557]-[0558], [0590]); and (c) the device for synthesis of polynucleotides (abstract;
`
`paragraphs [0016], [0199]; claim 21).
`
`
`
`-""—Continued Within the Next Supplemental Box-"'-
`
`
`
`Form PCT/lSA/237 (Supplemental Box) (January 2015)
`
`

`

`PCT/USZO17I0451 05 20.1 0.201 7
`
`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
` lntemational application No.
`PCT/US17/45105
`
`Supplemental Box
`
`in case the space in any of the preceding boxes is not sufficient.
`Continuation of:
` -“"-Continued from Previous Supplemental Box-"'-
` Claim 17 lack an inventive step under PCT Article 33(3) as being obvious over Twist in view of US 2012/0129704 A1 to Gunderson et
`
`
`al. (hereinafter 'Gunderson')
`
` As per claim 17. Twist discloses the device of claim 1, but Twist does not disclose wherein each of the recesses or protrusions has a
`
`
`pitch of up to 1 um. Gunderson discloses wherein each of the recesses or protrusions has a pitch of up to 1 um (pitch of the
`depressions can be at least about 1 nm to 1,000 urn; paragraphs [0052]. [0061]).
`It would have been obvious to a person of ordinary
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`skill in the art, at the time the invention was made, to have modified the disclosure of Twist, to include wherein each of the recesses or
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`protrusions has a pitch of up to 1 um. as previously disclosed by Gunderson, in order to provide an improved configuration for the
`substrate for use in synthesizing polynucleotides.
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` Claims 18-19 lack an inventive step under PCT Article 33(3) as being obvious over Twist in view of US 2004/0236027 A1 to Maeji et al.
`(hereinafter 'Maeji').
`As per claim 18, Twist discloses the device of claim 1, but Twist does not disclose wherein the solid support has a tensile strength of 1
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`MPa to 300 MPa. Maeji discloses wherein the solid support has a tensile strength of 1 MPa to 300 MPa (a polymer for use in a solid
`support, wherein the polymer has a tensile Strength of 2.0 MPa; abstract; paragraph [0145]).
`It would have been obvious to a person of
`ordinary skill in the art, at the time the invention was made, to have modified the disclosure of Twist. to include wherein the solid support
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`has a tensile strength of 1 MPa to 300 MPa, as previously disclosed by Maeji. in order to provide an improved configuration for the
`substrate for use in synthesizing polynucleotides.
`
` As per claim 19. Twist discloses the device of claim 1. but Twist does not disclose wherein the solid support has a tensile strength of 1
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`MPa to 10 MPa. Maeji discloses wherein the solid support has a tensile strength of 1 MPa to 10 MPa (a polymer for use in a solid
`support. wherein the polymer has a tensile Strength of 2.0 MPa; abstract; paragraph [0145]).
`It would have been obvious to a person of
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`ordinary skill in the art, at the time the invention was made, to have modified the disclosure of Twist, to include wherein the solid support
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`has a tensile strength of 1 MPa to 10 MPa, as previously disclosed by Maeji, in order to provide an improved configuration for the
`substrate for use in synthesizing polynucleotides.
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` Claims 20—21 lack an inventive step under PCT Article 33(3) as being obvious over Twist in view of US 2003/0008411 A1 to Van Dam et
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`al. (hereinafter ‘Van Dam').
`
`As per claim 20, Twist discloses the device of claim 1. but Twist does not disclose wherein the solid support has a stiffness of 1 GPa to
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`500 GPa. Van Dam discloses wherein the solid support has a stiffness of 1 GPa to 500 GPa (a solid support with an elastomeric layer
`having a Young's modulus (stiffness) of 10 Pa-100 GPa; abstract; paragraph [0051]).
`It would have been obvious to a person of
`ordinary skill in the art, at the time the invention was made. to have modified the disclosure of Twist, to include wherein the solid support
`
`has a stiffness of 1 GPa to 500 GPa. as previously disclosed by Van Dam, in order to provide an Improved conflguratlon for the
`substrate for use in synthesizing polynucleotides.
`
` As per claim 21, Twist discloses the device of claim 1, but Twist does not disclose wherein the solid support has a stiffness of 1 GPa to
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`10 GPa. Van Dam discloses wherein the solid support has a stiffness of 1 GPa to 10 GPa (a solid support with an elastomeric layer
`having a Young's modulus (stiffness) of 10 Pa-100 GPa; abstract; paragraph [0051]).
`It would have been obvious to a person of
`ordinary skill in the art, at the time the invention was made, to have modified the disclosure of Twist, to include wherein the solid support
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`has a stiffness of 1 GPa to 10 GPa. in order to provide an improved configuration for the substrate for use in synthesizing
`polynucleotides.
`
`Claim 29 lack an inventive step under PCT Article 33(3) as being obvious over Twist in view of US 2013/0053252 A1 to Xie et al.
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`(hereinafter ‘Xie’).
`
`As per claim 29. Twist discloses the device of claim 28. but Twist does not disclose wherein the fluorosilane is (tridecafiuoro-1,1.2.2-
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`tetrahydrooctyl)trichlorosilane. perfluorooctyl trichlorosilane. perfluorooctyl triethoxysilane. or perfluorooctyltrimethoxychlorosilane. Xie
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`discloses nucleic acid synthesis (abstract) and coating a substrate surface with a binding moiety first molecule (paragraph [0039]) and a
`perfluorooctyltrichlorosilane second molecule (paragraph [0038]).
`It would have been obvious to a person of ordinary skill in the art, at
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`
`the time the invention was made, to have modified the disclosure of Twist, to include wherein the fluorosilane is
`perfluorooctyltrichlorosilane, as disclosed by Xie. in order to provide an improved configuration for the substrate for use in synthesizing
`polynucleotides.
`
`Claims 1-29. 31/1-29, 32/31/1—29, 33/31/1-29. 34/31/1—29, 35/31/1-29. 36/31/1—29. 37/31/1-29, 38/37/31/1-29, and 39/31/1-29 have
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`industrial applicability as defined by PCT Article 33(4) because the subject matter can be made or used in industry.
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`Form PCT/ISA/237 (Supplemental Box) (January 2015)
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