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 .
Status of Claims
The claim set submitted on 01 MAY 2026 is acknowledged and considered. In the claim set, Claims 1 and 8 are ‘Currently Amended’; Claims 4 is ‘Cancelled’; Claims 2, 3, 5-7, 9-13 are ‘Original’ or ‘Previously Presented’.
Current pending claims are Claims 1-3 and 5-13 and are considered on the merits below.
Response to Arguments
Applicant’s arguments, see REMARKS, filed 01 MAY 2026, with respect to the 112(a) rejections and claim objection have been fully considered and are persuasive. The 112(a) rejections and the claim objection has been withdrawn.
Applicant's arguments filed 01 MAY 2026 have been fully considered but they are not persuasive.
In response to the underline portion of Claim 1 where it recites ‘prior to the application of a coating’ the Examiner believes that the BLANKENSTEIN reference teaches this portion of the claim.
In BLANKENSTEIN it discloses that the liquid is to manipulated in the device. The spreading of liquid / wettability (i.e. the contact angle) can be increased or decreased depending on the desired use of the device. BLANKENSTEIN also teaches the wettability can be modified by providing different roughness in area , i.e. no coating is to be done, [0021].
While BLANKENSTEIN teaches modification of the contact angle to be changed with no coating or prior to coating. It is silent in regards teaching specifically the “contact angel below 90⁰”.
Since the wettability and contact angle are related as it pertains to liquid on a surface , i.e. the smaller the contact angle the liquid more easily spreads indicating good wettability (hydrophilic surface; high wettability) , and BLANKENSTEIN teaches the wettability of the surface can be increase and even preferred to be in an area that is hydrophilic, it would be obvious to one having ordinary skill in the art before the effective filing date to modify the surface in BLANKENSTEIN to have a high wettability so that the liquid in contact with the surface easily spreads over the surface.
Examiner had previous address wettability/contact angles as well in the FINAL Rejection on 01 MAY 2025.
See Previous Office Action.
Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections.
There are no assertions/arguments in regards to the KARLSEN, US Publication No. 2012/0196280 A1 reference.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 5, 6, 8-11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over OSTERLOH, US Patent 7,829,027 B2.
Applicant’s invention is drawn towards a device, a microfluidic device.
Regarding Claim 1, the reference OSTERLOH discloses a microfluidic device, Column 1 line 39-40, sample carrier, Column 2 line 47-50, sample carrier 1, Figure 1, comprising : a substrate, Figure 1 and 2, base body 15, Column 3 line 42-51, with at least a first horizontal channel, Figure 1 and 2, channels 5, 9-12, Column 3, 21-23, which continues as a single first substantially vertical half-open chimney channel branching off from the at least first horizontal channel with a sharp corner excluding the presence of a tapered region, rounded edges or conically shaped outlet openings with the same diameter down to the bottom , Claim 1 and 10, connecting channel open to the environment, Figure 1 and 2, capillary force producing means 17, Column 6 line 40-61, of a first well having a greater depth than the first horizontal channel with respect to an upper surface of the substrate, Figure 1 and 2, chambers 8 and 6, Column 4 line 47-48, wherein the single first substantially vertical half-open chimney channel is half-open to the volume of the first well and is half-open connected to the volume of the first well without being part of the volume of the first well, Figure 2, Column 6 line 41-60, wherein the surfaces of the device have a contact angle below 90⁰ , OSTERLOH Column 3 line 59-65.
While OSTERLOH discloses that at least in areas of the device can be modified for providing a desired wetting properties, the contact angle below 90 degrees is disclosed. In addition, OSTERLOH teaches and discloses that the sample carrier can be made in or can have coverings which an optionally coating be applied separately. Also, the base can be made of plastic and a coating could applied or modified in area, Column 3 line 55-67.
However, OSTERLOH does not specifically teach the single first substantially vertical half-open chimney channel AND the well surfaces, have a contact angle below 90⁰ prior to the application of coating.
But, OSTERLOH discloses that base can be made of plastic and a coating could applied or modified in an area, and a coating could be applied to modify an area for a desired wetting property.
While a specific contact angle is recited in the claim, that is it. There is no structural feature or preferred embodiment that would require the specific contract angle below 90 degrees; only that a contact angle below 90 degrees exists, Column 3 line 59-65, which it inherently would. In addition a contact angle exists before and after a coating. OSTERLOH teaches areas of the device could or could not have areas with a coating, which would allow a contact angle in a desired area to be more or less than a specific contact angle and a desired wettability feature.
Since OSTERLOH discloses that at least in areas of the device can be modified or not modified for desired wetting properties, the contact angle below 90 degrees prior to the application of coating between the single first substantially vertical half-open chimney channel and well surfaces exists and is at least suggested by OSTERLOH. The teaching of surface modification or lack of a surface modification in specified areas for a desired wetting property is disclosed and obvious by OSTERLOH.
Therefore, it would be obvious to one having ordinary skill in the art before the effective filing date to modify or not modify the surfaces of OSTERLOH of the single first substantially vertical half-open chimney channel AND the well surfaces, have a contact angle below 90⁰ prior to the application of a coating so that liquid in the device can move along parts the device by capillary forces, which enables easy handling and without the use of other mechanisms, Column 2 line 4-6, 14-17.
Additional Disclosures Included are: Claim 2: wherein the device of claim 1, wherein a second horizontal channel extends from an upper end of said first well, OSTERLOH Figure 1 and 2, Column 6 line 41-60, see channels 9 and 5 extend from reservoir 8.; Claim 3: wherein the device of claim 2, wherein the second horizontal channel extends from the first well and branches off with a sharp corner excluding the presence of a tapered region, rounded edges or conically shaped outlet openings, into a single second substantially vertical chimney channel into a second well having a greater depth than the second horizontal channel with respect to an upper surface of the substrate, wherein the single second substantially vertical chimney channel is half open to the volume of the second well and is connected to the volume of the second well without being part of the volume of the second well, OSTERLOH, Figure 2, Column 6 line 41-60.; Claim 5: wherein the device of claim 1, wherein a lid has a contact angel that is greater than the contact angel of the channel well surfaces, OSTERLOH, Figure 2, Column 3 line 59-67.; and Claim 6: wherein the device of claim 1, wherein the contact angle between a liquid and the surfaces of the channels and well is less than 90⁰ , OSTERLOH, Figure 2, Column 3 line 59-67. OSTERLOH discloses that at least in areas of the channel and or liquid stop these areas of the device can be modified for providing a desired wetting properties. While a specific contact angle is recited, that is it. There is no structural feature or preferred embodiment that would require the specific contract angle below 90 degrees; only that a contact angle below 90 degrees exists, Column 3 line 59-65. Therefore, it would be obvious to one having ordinary skill in the art before the effective filing date to modify the surfaces of OSTERLOH the contact angle between a liquid and the surfaces of the channels and well is less than 90⁰ so that liquid in the device can move along parts the device by capillary forces, which enables easy handling and without the use of other mechanisms, Column 2 line 4-6, 14-17.
Applicant’s invention is drawn towards a method.
Regarding Claim 8, the reference OSTERLOH discloses a method for filling a well of
a. filling with a liquid at least the first horizontal channel, Figure 2, Column 2 line 62 – Column 3 line 20, sample receiver 3 receives sample liquid 4 onto connecting channel 9,
b. filling with the liquid the single first vertically arranged half-open chimney channel , Figure 2;
c. wetting a bottom of said first well, Figure 2, Column 3 line 10-41, Column 4 line 44-59, Column 6 line 40-61; and
d. filling the volume of said first well, Figure 2, Column 3 line 10-41, Column 4 line 44-59, Column 6 line 40-61.
17. Additional Disclosures Included are: Claim 9: wherein the method of claim 8, comprising the step of filling a second horizontal channel which extends from an upper end of said first well, OSTERLOH Figure 2, Column 2 line 62 – Column 3 line 41.; Claim 10: wherein the method of claim 9, comprising the step of filling a vertical chimney channel which branches off with a sharp corner excluding the presence of a tapered region, rounded edges or conically shaped outlet openings from the second horizontal channel into a second well having a greater depth than the second horizontal channel with respect to an upper surface of the substrate, wherein the second vertical chimney channel is half open to the volume of the second well and is connected to the volume of the second well without being part of the volume of the second well, OSTERLOH Figure 2, Column 4, line 44 - Column 5 line 34.; and Claim 11: wherein the method of claim 8, wherein the contact angle between the liquid and the surfaces of the first horizontal channel
Applicant’s invention is drawn towards a method.
Regarding Claim 13, the OSTERLOH discloses the device of Claim 1. In addition, the OSTERLOH reference discloses a method of using of a microfluidic device of claim 1, Column 2 line 62-Column 3 line 20, for filling wells with a liquid comprising the steps of providing the microfluidic device and filling it with a liquid, OSTERLOH Figure 2, Column 2 line 62 – Column 3 line 41.
Claims 1-3, 5, 6 and 8-13 are rejected under 35 U.S.C. 103 as being unpatentable over BLANKENSTEIN, US Publication No. 2005/0249641 A1, submitted on the Information Disclosure Statement on 04 FEBRUARY 2022; US Patent Application Publications Cite No. 1, and further in view of OSTERLOH, US Patent 7,829,027 B2.
Applicant’s invention is drawn towards a device, a microfluidic device.
Regarding Claim 1, the reference BLANKENSTEIN discloses a microfluidic device, abstract, Figure 6, overall device, [0340], comprising: a substrate, Figure 6, platform 151, [0340], with at least a first horizontal channel, Figure 6, capillaries 155, 156 or 157, [0340-0356], which continues as a single first substantially vertical chimney channel branching off with a sharp corner excluding the presence of a tapered region, rounded edges or conically shaped outlet openings, Figure 8a and b, capillary 215, [0358], into a first well having a greater depth than the first horizontal channel with respect to an upper surface of the substrate, Figure 6, 155d, [0341-343], Figure 8a, capillary 214, [0358], wherein the single first substantially vertical chimney channel is half open to the volume of the first well and is connected to the volume of the first well without being part of the volume of the first well, Figure 6 and 8a, wherein the surfaces of the device have a contact angle below 90⁰ prior to the application of a coating , [0021, 0063, 0158, 0160], the material of the platform which can be manufactured with channels by well-known techniques for the channels, can be made of materials such metals, silicones and thermoplastics, which is the same as those material listed in Applicant’s own specification in [0051], which have a contact angle below 90⁰ prior to the application of a coating.
In BLANKENSTEIN it discloses that the liquid is to manipulated in the device. The spreading of liquid / wettability (i.e. the contact angle) can be increased or decreased depending on the desired use of the device. BLANKENSTEIN also teaches the wettability can be modified by providing different roughness in area , i.e. no coating is to be done, [0021].
While BLANKENSTEIN teaches modification of the contact angle to be changed with no coating or prior to coating. It is silent in regards teaching specifically the “contact angel below 90⁰”.
Since the wettability and contact angle are related as it pertains to liquid on a surface , i.e. the smaller the contact angle the liquid more easily spreads indicating good wettability (hydrophilic surface; high wettability) , and BLANKENSTEIN teaches the wettability of the surface can be increase and even preferred to be in an area that is hydrophilic, it would be obvious to one having ordinary skill in the art before the effective filing date to modify the reference to have high wettability so that the liquid in contact with the surface easily spreads over the surface.
The BLANKENSTEIN reference discloses the claimed invention, but silent in regards to wherein the microfluidic device, comprising a substrate with at least a first horizontal channel, which continues as a first substantially vertical chimney channel branching off from at least first horizontal channel with a sharp corner excluding the presence of a tapered region, rounded edges or conically shaped outlet opening with the same diameter down to the bottom of a first well having a greater depth than the first horizontal channel.
The reference OSTERLOH discloses a method for filling a well of a microfluidic device, Column 2 line 62 – Column 3 line 20, comprising the steps of: a. filling with a liquid at least a first horizontal channel arranged in a substrate which is a part of the microfluidic device, Figure 2, Column 2 line 62 – Column 3 line 20, sample receiver 3 receives sample liquid 4 onto connecting channel 9, b. filling with the liquid a single first vertically arranged half-open chimney channel which branches off from the at least first horizontal channel with a sharp corner excluding the presence of a tapered region, rounded edges or conically shaped outlet openings with the same diameter down to the bottom of a first well, Figure 2, Column 6 line 40-61, wherein said first well has a greater depth than the first horizontally arranged channel with respect to an upper surface of the substrate, Figure 2, and wherein said single first vertically arranged half-open chimney channel is half open to the volume of the first well and is half-open connected to the volume of the first well without being part of the volume of the first well, Figure 2; c. wetting a bottom of said first well, Figure 2, Column 3 line 10-41, Column 4 line 44-59, Column 6 line 40-61; d. filling the volume of said first well, Figure 2, Column 3 line 10-41, Column 4 line 44-59, Column 6 line 40-61.
Since OSTERLOH discloses a well-known microfluidic device with at least a first horizontal channel, which continues as a first substantially vertical half-open chimney channel branching off from the at least first horizontal channel with a sharp corner excluding the presence of a tapered region, rounded edges or conically shaped outlet openings with the same diameter down to the bottom of a first well, it would be obvious to one having ordinary skill in the art before the effective filing date to modify the BLANKENSTEIN with the embodiments see in OSTERLOH so that the substantially vertical half-open chimney channel (the capillary force producing means 17) can allow the rise or fall by capillary forces into and out of chambers and channel with exterior or additional pumping or movement means which could contaminate a sample in the microfluidic device.
The combination above suggests the claimed invention, but does not specifically disclose language of surfaces of the device have a contact angle below 90⁰ prior to the application of a coating.
While OSTERLOH discloses that at least in areas of the device can be modified for providing a desired wetting properties, the contact angle below 90 degrees is disclosed. In addition, OSTERLOH teaches and discloses that the sample carrier can be made in or can have coverings which an optionally coating be applied separately. Also, the base can be made of plastic and a coating could applied or modified in area, Column 3 line 55-67.
However, OSTERLOH does not specifically teach the single first substantially vertical half-open chimney channel AND the well surfaces, have a contact angle below 90⁰ prior to the application of coating.
But, OSTERLOH discloses that base can be made of plastic and a coating could applied or modified in an area, and a coating could be applied to modify an area for a desired wetting property.
While a specific contact angle is recited in the claim, that is it. There is no structural feature or preferred embodiment that would require the specific contract angle below 90 degrees; only that a contact angle below 90 degrees exists, Column 3 line 59-65, which it inherently would. In addition a contact angle exists before and after a coating. OSTERLOH teaches areas of the device could or could not have areas with a coating, which would allow a contact angle in a desired area to be more or less than a specific contact angle and a desired wettability feature.
Since OSTERLOH discloses that at least in areas of the device can be modified or not modified for desired wetting properties, the contact angle below 90 degrees prior to the application of coating between the single first substantially vertical half-open chimney channel and well surfaces exists and is at least suggested by OSTERLOH. The teaching of surface modification or lack of a surface modification in specified areas for a desired wetting property is disclosed and obvious by OSTERLOH.
Therefore, it would be obvious to one having ordinary skill in the art before the effective filing date to modify or not modify the surfaces of BLANKENSTEIN and OSTERLOH of the single first substantially vertical half-open chimney channel AND the well surfaces, have a contact angle below 90⁰ prior to the application of a coating so that liquid in the device can move along parts the device by capillary forces, which enables easy handling and without the use of other mechanisms, Column 2 line 4-6, 14-17, and to have high wettability so that the liquid in contact with the surface easily spreads over the surface.
Additional Disclosures Included are: Claim 2: wherein the device of claim 1, wherein a second horizontal channel extends from an upper end of said first well, Figure 6, channel extending between 155d and 155b, OSTERLOH Figure 1 and 2, Column 6 line 41-60, see channels 9 and 5 extend from reservoir 8.; Claim 3: wherein the device of claim 2, wherein the second horizontal channel extends from the first well and branches off with a sharp corner excluding the presence of a tapered region, rounded edges or conically shaped outlet openings, Figure 6, channel extending between 155d and 155b extends from cavity 155d, into a single second substantially vertical chimney channel, Figure 8a and b, capillary 215, [0358], into a second well having a greater depth than the second horizontal channel with respect to an upper surface of the substrate, Figure 6, cavity 155 e, [0344], wherein the single second substantially vertical chimney channel is half open to the volume of the second well and is connected to the volume of the second well without being part of the volume of the second well, Figure 8a, 8b, [0357-0358], OSTERLOH, Figure 2, Column 6 line 41-60.; Claim 5: wherein the device of claim 1, wherein a lid has a contact angel that is greater than the contact angel of the channel well surfaces, [0164], OSTERLOH, Figure 2, Column 3 line 59-67.; and Claim 6: wherein the device of claim 1, wherein the contact angel between a liquid and the surfaces of the channels and well is less than 90⁰ , [0021, 0063], OSTERLOH, Figure 2, Column 3 line 59-67.
Applicant’s invention is drawn towards a method.
Regarding Claim 8, the reference BLANKENSTEIN discloses a method for filling a well of the microfluidic device of claim 1, [0351-0355], see Rejection to Claim 1 above, comprising the steps of:
a. filling with a liquid at least the first horizontal channel, [0341, 0352], Figure 6, capillary 155,
b. filling with the liquid the single first vertically arranged chimney channel; filling the volume of said first well, [0352].
The BLANKENSTEIN reference discloses the claimed invention, but silent in regards to wherein the microfluidic device is filled with a liquid and then c. wetting the bottom of the first well.
The reference OSTERLOH discloses a method for filling a well of a microfluidic device, Column 2 line 62 – Column 3 line 20, comprising the steps of:
a. filling with a liquid at least a first horizontal channel arranged in a substrate which is a part of the microfluidic device, Figure 2, Column 2 line 62 – Column 3 line 20, sample receiver 3 receives sample liquid 4 onto connecting channel 9,
b. filling with the liquid a single first vertically arranged half-open chimney channel;
c. wetting a bottom of said first well, Figure 2, Column 3 line 10-41, Column 4 line 44-59, Column 6 line 40-61; and
d. filling the volume of said first well, Figure 2, Column 3 line 10-41, Column 4 line 44-59, Column 6 line 40-61.
Since OSTERLOH discloses a well-known microfluidic device with at least a first horizontal channel, which continues as a first substantially vertical half-open chimney channel, it would be obvious to one having ordinary skill in the art before the effective filing date to modify the BLANKENSTEIN with the embodiments see in OSTERLOH so that the substantially vertical half-open chimney channel (the capillary force producing means 17) can allow the rise or fall by capillary forces into and out of chambers while wetting the bottom of the well to coat the bottom and channel with exterior or additional pumping or movement means which could contaminate a sample in the microfluidic device.
Additional Disclosures Included are: Claim 9: wherein the method of claim 8, comprising the step of filling a second horizontal channel which extends from an upper end of said first well, [0352], liquid flows until it reaches outlet 154, Figure 6, OSTERLOH Figure 2, Column 2 line 62 – Column 3 line 41.; Claim 10: wherein the method of claim 9, comprising the step of filling a vertical chimney channel which branches off with a sharp corner excluding the presence of a tapered region, rounded edges or conically shaped outlet openings from the second horizontal channel into a second well having a greater depth than the second horizontal channel with respect to an upper surface of the substrate, wherein the second vertical chimney channel is half open to the volume of the second well and is connected to the volume of the second well without being part of the volume of the second well, [0352], Figure 6 at capillary start 155 to vent 155c, OSTERLOH Figure 2, Column 4, line 44 - Column 5 line 34.; Claim 11: wherein the method of claim 8, wherein the contact angle between the liquid and the surfaces of the first horizontal channel so that liquid in the device can move along parts the device by capillary forces, which enables easy handling and without the use of other mechanisms, OSTERLOH Column 2 line 4-6, 14-17.
Applicant’s invention is drawn towards a method.
Regarding Claim 12, the combination of references discloses a method for manufacturing the microfluidic device of claim 1, see Rejection of Claim 1 above, comprising the step of providing an injection mould for a substrate which is part of a microfluidic device for forming at least the first horizontal channel, [0159].
Applicant’s invention is drawn towards a method.
Regarding Claim 13, the combination of BLANKENSTEIN in view of OSTERLOH suggests the microfluidic device of Claim 1. In addition, the combination of BLANKENSTEIN in view of OSTERLOH discloses a method of using of a microfluidic device of claim 1, Column 2 line 62-Column 3 line 20, for filling wells with a liquid comprising the steps of providing the microfluidic device and filling it with a liquid, [0022, 0127, 0352], OSTERLOH Figure 2, Column 2 line 62 – Column 3 line 41.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over BLANKENSTEIN, US Publication No. 2005/0249641 A1, submitted on the Information Disclosure Statement on 04 FEBRUARY 2022; US Patent Application Publications Cite No. 1, in view of OSTERLOH, US Patent 7,829,027 B2, as applied to claim 1 above, and further in view of KARLSEN, US Publication No. 2012/0196280 A1.
.Regarding Claim 7, the reference discloses the claimed invention, but is silent in regards to wherein the surfaces of the channels and well are partially coated with silicon oxide.
BLANKENSTEIN does teach that surfaces of the body of the device can be coated, [0021], in areas on surfaces of the body, and coating can be with reagents to promote reactions to occur in the device, [0128], and it is well known in the art to coat surfaces of a microfluidic device.
The KARLSEN reference discloses a microfluidic device, abstract, device, [0017, 0057], comprising: a substrate, [0067], with at least a first horizontal channel, Figure 2, channel 12, [0051], branching off with a sharp corner excluding the presence of a tapered region, rounded edges or conically shaped outlet openings, Figure 2, at intersection between channel 13 and channel 12, [0052], into a first well having a greater depth than the first horizontal channel with respect to an upper surface of the substrate, Figure 2, chamber 15, [0052], wherein the surfaces of the channels and well are partially coated with a silicon containing compound, [0067, 0080, 0084], particular surface can have coating while some do not, such as a valve or channels.
While KARLSEN does not specifically teach silicon oxide, examples of silicon-containing compounds are silicon halides, such as silicon chlorides and/or silicon alkyxoy compounds, such as silicon methoxy and/or ethoxy compounds, [0080].
It would be obvious to one having ordinary skill in the art before the effective filing date to modify the surfaces of the channels and wells are coated with a silicon containing compound as taught by KARLSEN to modify the contact angle of water on its surface, [0066].
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over OSTERLOH, US Patent 7,829,027 B2, as applied to claim 1 above, and further in view of KARLSEN, US Publication No. 2012/0196280 A1.
.Regarding Claim 7, the reference discloses the claimed invention, but is silent in regards to wherein the surfaces of the channels and well are coated with silicon oxide.
OSTERLOH does teach that surfaces of the body of the device can be coated, Column 3 line 59-67, and it is well known in the art to coat surfaces of a microfluidic device.
The KARLSEN reference discloses a microfluidic device, abstract, device, [0017, 0057], comprising: a substrate, [0067], with at least a first horizontal channel, Figure 2, channel 12, [0051], branching off with a sharp corner excluding the presence of a tapered region, rounded edges or conically shaped outlet openings, Figure 2, at intersection between channel 13 and channel 12, [0052], into a first well having a greater depth than the first horizontal channel with respect to an upper surface of the substrate, Figure 2, chamber 15, [0052], wherein the surfaces of the channels and well are partially coated with a silicon containing compound, [0067, 0080, 0084], particular surface can have coating while some do not, such as a valve or channels.
While KARLSEN does not specifically teach silicon oxide, examples of silicon-containing compounds; for example, silicon halides, such as silicon chlorides and/or silicon alkyxoy compounds, such as silicon methoxy and/or ethoxy compounds, [0080].
It would be obvious to one having ordinary skill in the art before the effective filing date to modify the surfaces of the channels and wells are coated with a silicon containing compound as taught by KARLSEN to modify the contact angle of water on its surface, [0066].
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 CHRISTINE T MUI whose telephone number is (571)270-3243. The examiner can normally be reached M-Th 5:30 -15:30 EST.
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CTM
/CHRISTINE T MUI/Primary Examiner, Art Unit 1797
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