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 .
Preliminary Remarks
Applicant has submitted arguments and are noted in their Remarks section. Applicant has not amended, canceled, or added any claims. Claims 19-20 were not elected and are therefore, withdrawn from examination.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-5, 7-11, and 14-18 are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0223354 A1-Chang et al. (hereinafter Chang, has an effective filing date as of the provisional application), and US 8,318,479 B2-Domansky et al. (hereinafter Domansky).
Regarding claim 1, Chang teaches an invention relating to DNA sequencing device (sensor assembly) , methods of making and using DNA sequencing devices , and methods of sequencing DNA strands using a DNA sequencing device (para. [0002]). Further, Chang teaches a sensor assembly, discussed above, as well as a flow channel (nanochannel 14, para. [0033], lines 5), capable of receiving a test liquid. Also, Chang teaches DNA strands pass a high resolution sensor embedded inside the nanochannel (para. [0028], lines 1-2). However, Chang does not explicitly teach one or more moveable walls defining one or more wall portions of the flow channel, the one or more moveable walls configured to be moveable to change a volume of the flow channel.
For claim 1, Domansky teaches a system has been constructed that recapitulate the features of a capillary bed through normal human tissue (col. 3, lines 24-25) and Domansky teaches the valves and pumps of all bioreactors in the array are actuated via common pneumatic control channels (col. 4, lines 22-24; col. 7, lines 62-65), which reads on the instant claim limitation of one or more moveable walls defining one or more wall portions of the flow channel, the one or more moveable walls configured to be moveable to change a volume of the flow channel.
It would have been obvious to a person having ordinary skill in the art before the
effective filing date of the invention to modify the sensor assembly and nanochannel of Chang to incorporate pneumatic valves as taught by Domansky. Further, Domansky teaches a membrane between the control and fluidic channels can be deflected by hydraulic or pneumatic actuation applied through the control channels (col. 4, lines 30-33), for controlling flow, as suggested by Domansky.
Regarding claim 2: “wherein the one or more sensor elements are positioned at one or more locations where the one or more sensor elements can be contacted by the test liquid.”: Chang teaches via figure 2 the device 10 includes a nanochannel 14 formed in a substrate 12 . The nanochannel 14 is represented by the open space within the device 10 along the length of the device 10 . The nanochannel allows a DNA strand 24 to flow through the device 10 and past the pair of sensing electrodes 16, 18 , which are positioned at a location along the nanochannel 14 in the X direction (para. [0033], lines 4-10).
Regarding claim 3: “wherein the one or more sensor elements comprise one or more analyte sensor elements.”: Chang teaches as the DNA strands pass a high resolution sensor embedded inside the nanochannel, the high spacial resolution sensor measures the unique properties of the individual nucleotides (para. [0028], lines 1-4, shown in Fig. 2, the nanochannel 14 is represented by the open space within the device 10 along the length of the device 10. The nanochannel allows a DNA strand 24 to flow through the device 10 and past the pair of sensing electrodes 16, 18 , which are positioned at a location along the nanochannel 14 in the X direction (para. [0033], lines 4-10).
Regarding claim 4: “wherein the one or more sensor elements comprise an array of analyte sensor elements arranged along a length of the flow channel.”: Chang teaches via figure 2 the device 10 includes a nanochannel 14 formed in a substrate 12. The nanochannel 14 is represented by the open space within the device 10 along the length of the device 10 . The nanochannel allows a DNA strand 24 to flow through the device 10 and past the pair of sensing electrodes 16, 18 , which are positioned at a location along the nanochannel 14 in the X direction (para. [0003], lines 4-10).
Regarding claim 5: “wherein the one or more sensor elements are configured to test for a concentration of a constituent contained in the test liquid.”: Chang teaches as the DNA strands pass a high resolution sensor embedded inside the nanochannel, the high spacial resolution sensor measures the unique properties of the individual nucleotides (para. [0028], lines 1-4, shown in Fig. 2, the nanochannel 14 is represented by the open space within the device 10 along the length of the device 10. (para. [0033], lines 4-10).
Regarding claim 7, Chang teaches an invention relating to DNA sequencing device (sensor assembly) , methods of making and using DNA sequencing devices , and methods of sequencing DNA strands using a DNA sequencing device (para. [0002]). Further, Chang teaches a sensor assembly, discussed above, as well as a flow channel (nanochannel 14, para. [0033], lines 5), capable of receiving a test liquid. However, Chang does not explicitly teach one or more moveable walls configured to be moveable from a first position to a second position.
For claim 7, Domansky teaches a system has been constructed that recapitulate the features of a capillary bed through normal human tissue (col. 3, lines 24-25) and Domansky teaches the valves and pumps of all bioreactors in the array are actuated via common pneumatic control channels (col. 4, lines 22-24; col. 7, lines 62-65), which reads on the instant claim limitation of one or more moveable walls configured to be moveable from a first position to a second position.
It would have been obvious to a person having ordinary skill in the art before the
effective filing date of the invention to modify the sensor assembly and nanochannel of Chang to incorporate pneumatic valves as taught by Domansky. Further, Domansky teaches a membrane between the control and fluidic channels can be deflected by hydraulic or pneumatic actuation applied through the control channels (col. 4, lines 30-33), for controlling flow, as suggested by Domansky.
Regarding claim 8, Chang teaches an invention relating to DNA sequencing device (sensor assembly) , methods of making and using DNA sequencing devices , and methods of sequencing DNA strands using a DNA sequencing device (para. [0002]). Further, Chang teaches a sensor assembly, discussed above, as well as a flow channel (nanochannel 14, para. [0033], lines 5), capable of receiving a test liquid. However, Chang does not teach one or more moveable walls configured to be moveable from an un-extended orientation to an extended orientation.
For claim 8, Domansky teaches a system has been constructed that recapitulate the features of a capillary bed through normal human tissue (col. 3, lines 24-25) and Domansky teaches the valves and pumps of all bioreactors in the array are actuated via common pneumatic control channels (col. 4, lines 22-24; col. 7, lines 62-65), which reads on the instant claim limitation of one or more moveable walls configured to be moveable from an un-extended orientation to an extended orientation.
It would have been obvious to a person having ordinary skill in the art before the
effective filing date of the invention to modify the sensor assembly and nanochannel of Chang to incorporate pneumatic valves as taught by Domansky. Further, Domansky teaches a membrane between the control and fluidic channels can be deflected (thus, an un-extended orientation to an extended orientation) by hydraulic or pneumatic actuation applied through the control channels (col. 4, lines 30-33), for controlling flow, as suggested by Domansky.
Regarding claim 9: “wherein the flow channel is formed, in part, by a first fixed member having one or more channel side openings formed therein.”: Chang teaches one or more
electrode member (18 fixed members, shown in Figures 1 and 2) of a DNA sequencing device according to the present disclosure is to design the device with the electrode gap (one or more channel side openings, Figures 1 and 2) normally closed when the device is in the OFF state (e.g., before activating the actuator). When activated (e.g., the ON state), the electrode gap opens to a precisely controlled gap opening (para. [0061], lines 1-7).
Regarding claim 10, Chang teaches an invention relating to DNA sequencing device (sensor assembly) , methods of making and using DNA sequencing devices , and methods of sequencing DNA strands using a DNA sequencing device (para. [0002]). Further, Chang teaches a sensor assembly, discussed above, as well as a flow channel (nanochannel 14, para. [0033], lines 5), capable of receiving a test liquid. However, Chang does not explicitly teach one or more moveable walls comprise one or more flexible membranes.
For claim 10, Domansky teaches a system has been constructed that recapitulate the features of a capillary bed through normal human tissue (col. 3, lines 24-25) and Domansky teaches the valves and pumps of all bioreactors in the array are actuated via common pneumatic control channels (col. 4, lines 22-24; col. 7, lines 62-65), which reads on the instant claim limitation of one or more moveable walls comprise one or more flexible membranes.
It would have been obvious to a person having ordinary skill in the art before the
effective filing date of the invention to modify the sensor assembly and nanochannel of Chang to incorporate pneumatic valves as taught by Domansky. Further, Domansky teaches a membrane between the control and fluidic channels can be deflected by hydraulic or pneumatic actuation applied through the control channels (col. 4, lines 30-33), for controlling flow, as suggested by Domansky.
Regarding claim 11, Chang teaches an invention relating to DNA sequencing device (sensor assembly), methods of making and using DNA sequencing devices , and methods of sequencing DNA strands using a DNA sequencing device (para. [0002]). Further, Chang teaches a sensor assembly, discussed above, as well as a flow channel (nanochannel 14, para. [0033], lines 5), capable of receiving a test liquid. However, Chang does not explicitly teach one or more flexible membranes are configured to flex from one or more channel side openings.
For claim 11, Domansky teaches a system has been constructed that recapitulate the features of a capillary bed through normal human tissue (col. 3, lines 24-25) and Domansky teaches the valves and pumps of all bioreactors in the array are actuated via common pneumatic control channels (col. 4, lines 22-24; col. 7, lines 62-65), which reads on the instant claim limitation of one or more flexible membranes are configured to flex from one or more channel side openings.
It would have been obvious to a person having ordinary skill in the art before the
effective filing date of the invention to modify the sensor assembly and nanochannel of Chang to incorporate pneumatic valves having flexible membranes as taught by Domansky. Further, Domansky teaches a membrane between the control and fluidic channels can be deflected by hydraulic or pneumatic actuation applied through the control channels (col. 4, lines 30-33), for controlling flow, as suggested by Domansky.
Regarding claim 12, Chang teaches an invention relating to DNA sequencing device (sensor assembly), methods of making and using DNA sequencing devices , and methods of sequencing DNA strands using a DNA sequencing device (para. [0002]). Further, Chang teaches a sensor assembly, discussed above, as well as a flow channel (nanochannel 14, para. [0033], lines 5), capable of receiving a test liquid. However, Chang does not explicitly teach wherein one or more flexible membranes comprise a flexible polymer.
For claim 12, Domansky teaches a system has been constructed that recapitulate the features of a capillary bed through normal human tissue (col. 3, lines 24-25) and Domansky teaches the valves and pumps of all bioreactors in the array are actuated via common pneumatic control channels (col. 4, lines 22-24; col. 7, lines 62-65), where the valves comprises an elastomeric membrane (col. 6, line 58), which reads on the instant claim limitation of one or more flexible membranes comprise a flexible polymer.
It would have been obvious to a person having ordinary skill in the art before the
effective filing date of the invention to modify the sensor assembly and nanochannel of Chang to incorporate pneumatic valves having flexible membranes as taught by Domansky. Further, Domansky teaches a membrane between the control and fluidic channels can be deflected by hydraulic or pneumatic actuation applied through the control channels (col. 4, lines 30-33), for controlling flow, as suggested by Domansky. Also, Domansky suggests a polymer material allows for fluid control and mechanisms such a membrane deflection caused when cell culture medium fills the valves (col. 6, lines 57-65).
Regarding claim 13, Chang teaches an invention relating to DNA sequencing device (sensor assembly), methods of making and using DNA sequencing devices , and methods of sequencing DNA strands using a DNA sequencing device (para. [0002]). Further, Chang teaches a sensor assembly, discussed above, as well as a flow channel (nanochannel 14, para. [0033], lines 5), capable of receiving a test liquid. However, Chang does not explicitly teach a flexible polymer comprises polyethylene perephthalate (PET), polyvinylpyrrolidone (PVP), thermoplastic elastomer (TPE) , or etjhylene propylene diene teropolymer (EPDM).
For claim 13, Domansky teaches a system has been constructed that recapitulate the features of a capillary bed through normal human tissue (col. 3, lines 24-25) and Domansky teaches the valves and pumps of all bioreactors in the array are actuated via common pneumatic control channels (col. 4, lines 22-24; col. 7, lines 62-65), where the valves comprises an elastomeric membrane (col. 6, line 58), which reads on the instant claim limitation of a flexible polymer comprises polyethylene perephthalate (PET), polyvinylpyrrolidone (PVP), thermoplastic elastomer (TPE) , or etjhylene propylene diene teropolymer (EPDM).
It would have been obvious to a person having ordinary skill in the art before the
effective filing date of the invention to modify the sensor assembly and nanochannel of Chang to incorporate pneumatic valves having flexible membranes as taught by Domansky. Further, Domansky teaches a membrane between the control and fluidic channels can be deflected by hydraulic or pneumatic actuation applied through the control channels (col. 4, lines 30-33), for controlling flow, as suggested by Domansky. Also, Domansky suggests a polymer material allows for fluid control and mechanisms such a membrane deflection caused when cell culture medium fills the valves (col. 6, lines 57-65); and Domanksy teaches thermoplastic elastomer (col. 6, lines 57-58).
Regarding claim 14, Chang teaches an invention relating to DNA sequencing device (sensor assembly), methods of making and using DNA sequencing devices , and methods of sequencing DNA strands using a DNA sequencing device (para. [0002]). Further, Chang teaches a sensor assembly, discussed above, as well as a flow channel (nanochannel 14, para. [0033], lines 5), capable of receiving a test liquid. However, Chang does not explicitly teach one or more moveable walls are operably moveable to constrict a transverse cross-sectional area of the flow channel.
For claim 14, Domansky teaches a system has been constructed that recapitulate the features of a capillary bed through normal human tissue (col. 3, lines 24-25) and Domansky teaches the valves and pumps of all bioreactors in the array are actuated via common pneumatic control channels (col. 4, lines 22-24; col. 7, lines 62-65), where the valves comprises an elastomeric membrane (col. 6, line 58), which reads on the instant claim limitation of one or more moveable walls are operably moveable to constrict a transverse cross-sectional area of the flow channel.
It would have been obvious to a person having ordinary skill in the art before the
effective filing date of the invention to modify the sensor assembly and nanochannel of Chang to incorporate pneumatic valves having flexible membranes as taught by Domansky. Further, Domansky teaches a membrane between the control and fluidic channels can be deflected by hydraulic or pneumatic actuation applied through the control channels (col. 4, lines 30-33), for controlling flow, as suggested by Domansky. Also, Domansky suggests a polymer material allows for fluid control and mechanisms such a membrane deflection caused when cell culture medium fills the valves (col. 6, lines 57-65).
Regarding claim 15, Chang teaches an invention relating to DNA sequencing device (sensor assembly), methods of making and using DNA sequencing devices , and methods of sequencing DNA strands using a DNA sequencing device (para. [0002]). Further, Chang teaches a sensor assembly, discussed above, as well as a flow channel (nanochannel 14, para. [0033], lines 5), capable of receiving a test liquid. However, Chang does not explicitly teach one or more moveable walls are formed from one or more flexible membranes that are bonded to a first fixed member comprising one or more channel side openings.
For claim 15, Domansky teaches a system has been constructed that recapitulate the features of a capillary bed through normal human tissue (col. 3, lines 24-25) and Domansky teaches the valves and pumps of all bioreactors in the array are actuated via common pneumatic control channels (col. 4, lines 22-24; col. 7, lines 62-65), where the valves comprises an elastomeric membrane (col. 6, line 58), and Domansky teaches the membrane can be a monolithic part of the cell holding scaffold (col. 6, lines 12-14), which reads on the instant claim limitation of one or more moveable walls are formed from one or more flexible membranes that are bonded to a first fixed member comprising one or more channel side openings.
It would have been obvious to a person having ordinary skill in the art before the
effective filing date of the invention to modify the sensor assembly and nanochannel of Chang to incorporate pneumatic valves having flexible membranes as taught by Domansky. Further, Domansky teaches a membrane between the control and fluidic channels can be deflected by hydraulic or pneumatic actuation applied through the control channels (col. 4, lines 30-33), for controlling flow, as suggested by Domansky. Also, Domansky suggests a polymer material allows for fluid control and mechanisms such a membrane deflection caused when cell culture medium fills the valves (col. 6, lines 57-65).
Regarding claim 16, Chang teaches an invention relating to DNA sequencing device (sensor assembly), methods of making and using DNA sequencing devices , and methods of sequencing DNA strands using a DNA sequencing device (para. [0002]). Further, Chang teaches a sensor assembly, discussed above, as well as a flow channel (nanochannel 14, para. [0033], lines 5), capable of receiving a test liquid. However, Chang does not explicitly teach one or more moveable walls comprises a single moveable wall extending along 50% or more of a length of the flow channel.
For claim 16, Domansky teaches a system has been constructed that recapitulate the features of a capillary bed through normal human tissue (col. 3, lines 24-25) and Domansky teaches the valves and pumps of all bioreactors in the array are actuated via common pneumatic control channels (col. 4, lines 22-24; col. 7, lines 62-65), where the valves comprises an elastomeric membrane (col. 6, line 58), and Domansky teaches the membrane can be a monolithic part of the cell holding scaffold (col. 6, lines 12-14), which reads on the instant claim limitation of one or more moveable walls comprises a single moveable wall extending along 50% or more of a length of the flow channel.
It would have been obvious to a person having ordinary skill in the art before the
effective filing date of the invention to modify the sensor assembly and nanochannel of Chang to incorporate pneumatic valves having flexible membranes as taught by Domansky. Further, Domansky teaches a membrane between the control and fluidic channels can be deflected by hydraulic or pneumatic actuation applied through the control channels (col. 4, lines 30-33), for controlling flow, as suggested by Domansky.
Regarding claim 17, Chang teaches an invention relating to DNA sequencing device (sensor assembly), methods of making and using DNA sequencing devices , and methods of sequencing DNA strands using a DNA sequencing device (para. [0002]). Further, Chang teaches a sensor assembly, discussed above, as well as a flow channel (nanochannel 14, para. [0033], lines 5), capable of receiving a test liquid. However, Chang does not explicitly teach one or more moveable walls comprises a membrane bonded to a first fixed member and forming a side of the flow channel.
For claim 17, Domansky teaches a system has been constructed that recapitulate the features of a capillary bed through normal human tissue (col. 3, lines 24-25) and Domansky teaches the valves and pumps of all bioreactors in the array are actuated via common pneumatic control channels (col. 4, lines 22-24; col. 7, lines 62-65), where the valves comprises an elastomeric membrane (col. 6, line 58), and Domansky teaches the membrane can be a monolithic part of the cell holding scaffold (col. 6, lines 12-14), which reads on the instant claim limitation of one or more moveable walls comprises a bonded membrane.
It would have been obvious to a person having ordinary skill in the art before the
effective filing date of the invention to modify the sensor assembly and nanochannel of Chang to incorporate pneumatic valves having flexible membranes as taught by Domansky. Further, Domansky teaches a membrane between the control and fluidic channels can be deflected by hydraulic or pneumatic actuation applied through the control channels (col. 4, lines 30-33), for controlling flow, as suggested by Domansky.
Regarding claim 18, Chang teaches an invention relating to DNA sequencing device (sensor assembly) , methods of making and using DNA sequencing devices , and methods of sequencing DNA strands using a DNA sequencing device (para. [0002]). Further, Chang teaches a sensor assembly, discussed above, as well as a flow channel (nanochannel 14, para. [0033], lines 5), capable of receiving a test liquid. Further, Chang teaches the DNA strands pass a high resolution sensor embedded inside the nanochannel (para. [0028], lines 1-3). However, the embodiments of figures 1-3 do not teach at least some of the one or more sensor elements are provided on the one or more moveable walls.
For claim 18, Domansky teaches a system has been constructed that recapitulate the features of a capillary bed through normal human tissue (col. 3, lines 24-25) and Domansky teaches the valves and pumps of all bioreactors in the array are actuated via common pneumatic control channels (col. 4, lines 22-24; col. 7, lines 62-65), which reads on the instant claim limitation of one or more moveable walls defining one or more wall portions of the flow channel, the one or more moveable walls configured to be moveable to change a volume of the flow channel.
It would have been obvious to a person having ordinary skill in the art before the
effective filing date of the invention to modify the sensor assembly and nanochannel of Chang to incorporate pneumatic valves as taught by Domansky. Further, Domansky teaches a membrane between the control and fluidic channels can be deflected by hydraulic or pneumatic actuation applied through the control channels (col. 4, lines 30-33), for controlling flow, as suggested by Domansky.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0223354 A1-Chang et al. (hereinafter Chang, has an effective filing date as of the provisional application), in view of US 8,318,479 B2-Domansky et al. (hereinafter Domansky) as applied to claim 1 above, and further in view of WO 2016/189302A1-Boutelle et al. (hereinafter Boutelle).
Regarding claim 6, modified Chang teaches the invention discussed above in claim 1. Further, modified Chang teaches a test sample (DNA strand 24). However, modified Chang does not explicitly teach a test liquid is a liquid selected from a group comprising: whole blood, blood serum or plasma, urine, cerebrospinal fluid, dialysate, serous fluid, interstitial fluid, synovial fluid, intraocular fluid, lymph plasma, digestive fluid, and human tissue-containing liquid.
For claim 6, Boutelle teaches an invention relating to the field of sensors and systems
for measuring the amount of particular substances, for example metabolites, within a fluid sample, for example from a patient (page 1, lines 1-2) and Boutelle teaches tissue in a patient source (page 7, paragraph 11, line 6); Boutelle also teaches one body of work concentrates on monitoring glucose levels in blood (page 1, lines 10-11), which reads on the instant claim limitation of wherein the test liquid is a liquid is human tissue-containing liquid.
It would have been obvious to a person having ordinary skill in the art before the
effective filing date of the invention to take the modified invention of Chang discussed above in
claim 1, and incorporate human tissue-containing liquid as taught by Boutelle Also, Boutelle teaches analysis apparatus allow for measuring the amount of particular substances, such as
metabolites within a fluid sample, such as from a patient (page 1, lines 1-2), where the latter
can be useful in monitoring physiological parameters which can provide important information
(page 1, paragraph 5, lines 1-3).
Response to Arguments
Applicant's arguments filed 12/09/2025 have been fully considered but they are not persuasive. On the top of page 6 of applicant’s remarks, applicant discusses the status of the claims, as well as the relied upon art in the U.S.C. 103 rejection of claims 1-18 of the instant application. On the middle of page 6 of applicant’s remarks, applicant recites independent claim 1 of the instant application. Applicant’s arguments begin the bottom of page 6 and continue on the top and middle page of 7 of their remarks.
On the middle of page 7 of applicant’s remarks, applicant recites a portion of the of rejection of independent claim 1 as cited in the Office Action mailed on 10/03/2025, page 4, applicant noted. On the bottom of page 7 of their remarks, applicant asserts “a person of ordinary skill in the art would have no reason whatsoever to replace Chang’s actuators with Domansky’s pneumatic valves. Further, on the bottom of page 7 and the top of page 8 of applicant’s remarks, applicant cites a portion of the disclosure of Chang. Applicant also cites another portion of the disclosure of Chang the middle and bottom of page 8 of their remarks.
Applicant also cites other portions of the secondary reference, Domansky, which continues on the top and middle of page 9 of their remarks. Further, applicant continues to argue the combination of Chang and Domanksy on the bottom of page 9 and the top of page 10 of their remarks section. Applicant only cites the additional reference of Boutelle, but does not present any arguments to this reference as applicant asserts the reference does not make up for the deficiencies of Chang and Domansky. In response, it is not uncommon for microfluidic devices such as that of the claimed invention to include pneumatic actuated valves. The latter is very well known in the art and is therefore not novel. Independent claim 1 of the instant application recites “one or more moveable walls provided by the gas pressure source…”.
Domanksy teaches a system has been constructed that recapitulate the features of a capillary bed through normal human tissue (col. 3, lines 24-25) and Domansky teaches the valves and pumps of all bioreactors in the array are actuated via common pneumatic control channels (col. 4, lines 22-24; col. 7, lines 62-65), also discussed in the rejection. Domanksky also teaches at least one actuator may be embedded in the substrate (para. [0003]) and Domanksy teaches the at least one actuator may be fixed to a substrate , and the nanochannel may be formed at least in part in the substrate (para. [0007]). Additionally, pertaining to applicant’s argument regarding mechanical actuator may provide Angstrom level precision control when activated (para. [0030] of Domansky is not found persuasive because it is clearly noted at the beginning of paragraph [0030], the latter pertains to a different embodiment that was also not relied upon in the present rejection nor the previously mailed rejection. Also, the combination of the references does teach pressurized air (i.e. gas) in the Domanksy reference (col. 7, lines 21-22). As discussed above in the rejection, valves and pumps of all bioreactors in the array are actuated via common pneumatic control channels, which read on the instant limitation of one or more moveable walls. Chang’s device teaches an actuator embedded in the substrate and a nanochannel formed in the substrate and Domansky teaches valves which are actuated via common pneumatic control channels, also discussed above. For the reasons discussed above, claims 1-18 stand rejected.
Conclusion
THIS ACTION IS MADE FINAL. 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 LENORA A. ABEL whose telephone number is (571)272-8270. The examiner can normally be reached Monday-Friday 7:00am-4:00pm.
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/L.A.A./Examiner, Art Unit 1799
/MICHAEL L HOBBS/Primary Examiner, Art Unit 1799