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 .
Response to Arguments
The examiner thanks the applicant for the correction of claims 1 and 4. The rejection under 35 USC 112 has been overcome.
Applicant's arguments filed with respect to the rejection of claims under 35 USC 103 have been fully considered but they are not persuasive. On page 6 of the response, the applicant argues that Schmidt and Hong fail to teach a first and second sensor element (now first and second optical element) “being both downstream of the translucent tube”. The applicant’s arguments seem to be based on the fact that the channel 94 of Schmidt serves as several elements in the claim at different locations. Schmidt doesn’t disclose a translucent tube and a channel, the use of a translucent tube in the channel of Schmidt is taught by Hong. However, there is a portion of the channel of Schmidt that serves the same purpose as the translucent tube and is marked in the figure below. At this location, fluid flows through the channel (and a translucent tube if the teachings of Hong as applied to Schmidt). Then downstream of that are two more portions of the channel that are now considered as the first and second optical elements, since at these locations, light passes through for the sensor 87 above. As indicated in the figure, 310 and 314 are two different reactions being collected at different locations along the transparent channel, thereby the upstream optical element and the downstream optical element, two different locations of the channel that permit light to pass through. There is no teaching that the translucent tube and first and second optical elements cannot be integrated as a single element. The area of the channel considered the optical elements is in fact downstream of the area being considered the translucent tube, or more clearly there are at least three different areas for the sensors to collect light through.
On page 6, the applicant argues that the sensor 290 of Schmidt is part of the body 10 of Schmidt. There is no “body” of Schmidt directly named. The element 10 that applicant calls a body is in fact the entire analyzer of Schmidt’s invention. However, the examiner is interpreting “body” to mean only the fluid passages of Schmidt, the layers 90, 92, 94, and 96. This has been clearly indicated. Photodetector 290 sits above these elements, separated even by spacers 292.
The applicant argues that multiple elements cannot be aligned with a single recited element in the claim. The examiner disagrees. Multiple elements can in fact by “named” within an umbrella of a claim limitation if there is no teaching to discourage such. There is no indication that “the body” of the invention is only a single layer or single element. In fact, the body of the claim contains channels, a translucent tube, apertures for the fluid, and optical elements. Schmidt does not give a single reference number or label to all the elements that satisfy these components but nonetheless teaches “a body” with the same characteristics. For clarification, previously, the examiner has even indicated in Figure 12 below the elements considered to make up “the body” of Schmidt.
The applicant’s arguments are not persuasive.
However, with respect to the amendments to claims 1 and 4, with respect to the “sensor elements” now clarified as “optical elements” the claims were reconsidered in light of the references. The rejection of claim 1 remains the same but because of the clarification of the “optical element”, a new rejection has been made for claim 4 below.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 2, 4, and 13, are rejected under 35 U.S.C. 103 as being unpatentable over Schmidt et al. U.S. Patent #7,547,904 in view of Hong U.S. Patent #7,830,503.
With respect to claim 1, Schmidt discloses a flow cell comprising:
A sensor device (Figure 14, sensor device 290)
A body having at least one channel disposed therein, the channel configured to permit fluid flow therethrough, the at least one channel comprising first and second portions (Figure 1, body = flow channels and substrates, layers 80-98 in Figure 2 and 14, channel = 14, Col.5, l 10-14, first and second portions of channel shown in figure below)
A portion of the channel coupling the first portion to the second portion, the channel being positioned to permit interrogation of the channel by the sensor device external to the body of particles carried by a fluid passing through the channel, the sensor device being external to the body (Figure 14 wherein body = substrate as defined above layers 80-98 in Figure 2 and 14, channel = 14, a portion of the channel = marked in figure below as translucent tube, under sensor 290 sensor device = 290, Col.12, l 44-48, wherein sensor is external to the body as described above, separated by spacers 292, first portion and second portion defined as in figure below)
The body further comprising an entry aperture fluidly coupling the at least one channel to ambient and configured to receive the fluid into the at least one channel (Figure 14, Figure 1, entry aperture = apertures 20 and 24, channel 14 coupled to external at inputs 20 and 24)
First and second optical elements, disposed within the body, the first elements positioned to permit detection of flow of the fluid at an upstream location of a second portion of the at least one channel, the second element positioned to permit detection of flow of the fluid at a downstream location of the second portion of the at least one channel, the upstream and downstream locations being both downstream of the interrogation location in the channel (Figure 14, first optical element = transparent area of 94 where reaction labeled 310 as in figure marked up below, second optical element = transparent area of 94 where reaction labeled 314 as marked in figure below, body = 10, interrogation location = channel 14 section under 58 as in Figure 14, Col.9, l 16-19, Col.10, l 45-50)
However, Schmidt fails to disclose a translucent tube at least partially enclosed within the body. Schmidt simply discloses the fluid passing through the etched channel in the substrate.
Hong U.S. Patent #7,830,503 discloses a flow through cell comprising:
A translucent tube at least partially enclosed within the body and coupling the first portion to the second portion (Figure 3, body = base 3, wherein base 3 has an etched channel, and tube = 1, Col.3, l 61- Col.4, l 3)
It would have been obvious to one of ordinary skill in the art at the time of the invention to include a translucent tube within a channel as in Hong for the channel for the channel of Schmidt since Hong discloses using the transparent tube solves leakage and dead angle problems as well as minimizing the creation of micro-bubbles. Both Hong and Schmidt are interested in optically measuring flowing fluid through a snaking pathway. But using the tube of Hong within the snaking pathway of Schmidt, the inner pathway is ensured to be smooth so microbubbles are not detained and the turns contain no dead angle exiting. (Col.2 of Hong).
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With respect to claims 2, , Schmidt in view of Hong discloses all of the limitations as applied to claim 1 above. In addition, Schmidt discloses:
A suction aperture disposed at an end of the at least one channel opposite the entry aperture, the suction aperture fluidly coupling the at least one channel to ambient (Col.6, l 50-65, wherein the suction aperture = flush and initial fluid loading functions with pressure, outlet 34)
With respect to claim 4, Schmidt in view of Hong discloses all of the limitations as applied to claim 1 above. In addition, Schmidt discloses:
The first and second optical elements are light-transmissive, positioned in fluid communication with the fluid, to permit detection of flow of the fluid by at least one sensor device external to the body (Figure 14, marked up as above, where first and second optical elements are light transmissive = Col.13, l 62-66, Col.22, l 21-23).
However, Schmidt and Hong fail to disclose the first and second optical elements are positioned in first and second sensor apertures.
It would have been obvious to one of ordinary skill in the art at the time of the invention to include apertures that define a viewing field along the optical elements of Schmidt. Rather than having a single transparent optical element as in Schmidt, having an opaque element with apertures for transparent elements within it would result in minimizing noise and increasing sensitivity. Apertures allow for more predictable location for the sensor to receive light from and minimizes the influence of external light. It has been held that integrating and separating known components is within ordinary skill in the art. In re Larson 340 F.2d 965 144 USPQ 437 and Nerwin v Erlichman, 168 USPQ 177, 179.
With respect to claim 12, Schmidt discloses a flow cell comprising:
A sensor device (Figure 14, sensor device 290)
A body having at least one channel disposed therein, the channel configured to permit fluid flow therethrough, the at least one channel comprising first and second portions (Figure 1, body = flow channels and substrates, layers 80-98 in Figure 2 and 14, channel = 14, Col.5, l 10-14, first and second portions of channel shown in figure below)
A portion of the channel coupling the first portion to the second portion, the channel being positioned to permit interrogation of the channel by the sensor device external to the body of particles carried by a fluid passing through the channel, the sensor device being external to the body (Figure 14 wherein body = substrate as defined above layers 80-98 in Figure 2 and 14, channel = 14, a portion of the channel = marked in figure below as translucent tube, under sensor 290 sensor device = 290, Col.12, l 44-48, wherein sensor is external to the body as described above, separated by spacers 292, first portion and second portion defined as in figure below)
The body further comprising an entry aperture fluidly coupling the at least one channel to ambient and configured to receive the fluid into the at least one channel (Figure 14, Figure 1, entry aperture = apertures 20 and 24, channel 14 coupled to external at inputs 20 and 24)
First and second optical elements, disposed within the body, the first elements positioned to permit detection of flow of the fluid at an upstream location of a second portion of the at least one channel, the second element positioned to permit detection of flow of the fluid at a downstream location of the second portion of the at least one channel, the upstream and downstream locations being both downstream of the interrogation location in the channel (Figure 14, first optical element = transparent area of 94 where reaction labeled 310 as in figure marked up below, second optical element = transparent area of 94 where reaction labeled 314 as marked in figure below, body = 10, interrogation location = channel 14 section under 58 as in Figure 14, Col.9, l 16-19, Col.10, l 45-50)
The sensor device is configured to be connected to the body (Figure 10, step 252 wherein the fluidic structure = body, fluidic components =detector/sensors, Col.20, l 23-30, Col.12, l 44-67)
However, Schmidt fails to disclose a translucent tube at least partially enclosed within the body and that the sensor device is configured to receive the body therein. Schmidt simply discloses the fluid passing through the etched channel in the substrate and connecting the body and the device together.
Hong U.S. Patent #7,830,503 discloses a flow through cell comprising:
A translucent tube at least partially enclosed within the body and coupling the first portion to the second portion (Figure 3, body = base 3, wherein base 3 has an etched channel, and tube = 1, Col.3, l 61- Col.4, l 3)
It would have been obvious to one of ordinary skill in the art at the time of the invention to include a translucent tube within a channel as in Hong for the channel for the channel of Schmidt since Hong discloses using the transparent tube solves leakage and dead angle problems as well as minimizing the creation of micro-bubbles. Both Hong and Schmidt are interested in optically measuring flowing fluid through a snaking pathway. But using the tube of Hong within the snaking pathway of Schmidt, the inner pathway is ensured to be smooth so microbubbles are not detained and the turns contain no dead angle exiting. (Col.2 of Hong).
Additionally, it would have been obvious to one of ordinary skill in the art at the time of the invention to receive the body into the sensor device rather than generically attached together. Having a housing of the sensor device that encloses the body prevents external light and minimizes noise to that causes errors in the measurement, well-recognized benefits in the art.
With respect to claim 13, Schmidt discloses a flow cell comprising:
A body having at least one channel disposed therein, the channel configured to permit fluid flow therethrough, the at least one channel comprising first and second portions (Figure 1, body = flow channels and substrates, layers 80-98 in Figure 2 and 14, channel = 14, Col.5, l 10-14, first and second portions of channel shown in figure below)
A portion of the channel coupling the first portion to the second portion, the channel being positioned to permit interrogation of the channel by the sensor device external to the body of particles carried by a fluid passing through the channel, the sensor device being external to the body (Figure 14 wherein body = substrate as defined above layers 80-98 in Figure 2 and 14, channel = 14, a portion of the channel = marked in figure below as translucent tube, under sensor 290 sensor device = 290, Col.12, l 44-48, wherein sensor is external to the body as described above, separated by spacers 292, first portion and second portion defined as in figure below)
The body further comprising an entry aperture fluidly coupling the at least one channel to ambient and configured to receive the fluid into the at least one channel (Figure 14, Figure 1, entry aperture = apertures 20 and 24, channel 14 coupled to external at inputs 20 and 24)
First and second optical elements, disposed within the body, the first elements positioned to permit detection of flow of the fluid at an upstream location of a second portion of the at least one channel, the second element positioned to permit detection of flow of the fluid at a downstream location of the second portion of the at least one channel, the upstream and downstream locations being both downstream of the interrogation location in the channel (Figure 14, first optical element = transparent area of 94 where reaction labeled 310 as in figure marked up below, second optical element = transparent area of 94 where reaction labeled 314 as marked in figure below, body = 10, interrogation location = channel 14 section under 58 as in Figure 14, Col.9, l 16-19, Col.10, l 45-50)
However, Schmidt fails to disclose a translucent tube at least partially enclosed within the body. Schmidt simply discloses the fluid passing through the etched channel in the substrate.
Hong U.S. Patent #7,830,503 discloses a flow through cell comprising:
A translucent tube at least partially enclosed within the body and coupling the first portion to the second portion (Figure 3, body = base 3, wherein base 3 has an etched channel, and tube = 1, Col.3, l 61- Col.4, l 3)
It would have been obvious to one of ordinary skill in the art at the time of the invention to include a translucent tube within a channel as in Hong for the channel for the channel of Schmidt since Hong discloses using the transparent tube solves leakage and dead angle problems as well as minimizing the creation of micro-bubbles. Both Hong and Schmidt are interested in optically measuring flowing fluid through a snaking pathway. But using the tube of Hong within the snaking pathway of Schmidt, the inner pathway is ensured to be smooth so microbubbles are not detained and the turns contain no dead angle exiting. (Col.2 of Hong).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REBECCA CAROLE BRYANT whose telephone number is (571)272-9787. The examiner can normally be reached on M-F, 12-4 pm.
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/REBECCA C BRYANT/Examiner, Art Unit 2877
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