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 .
Election/Restrictions
Claims 19 and 20 remain withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/9/2025.
Response to Arguments
Applicant’s arguments and amendments, filed 6/9/2026, with respect to the rejection(s) of claim(s) 1 – 3, 9 and 14 – 16 under 35 U.S.C. 103 as being unpatentable over Wang et al. (CN 108020490A) have been fully considered but they are not persuasive. Regarding newly amended claim 1, Applicant alleges that Wang does not specifically teach the subject matter of previous dependent claim 9 pertaining to the air pump component. Examiner respectfully degrees. Wang still teaches all of the positively recited structural elements of the apparatus as claimed, although the Wang device may operate in a different manner, i.e., using a liquid instead of air. Syringe pumps can use either liquid fluid or a gas, such as air, to facilitate pumping (Syringe pumps can be utilized to inject air into the channels of a microfluidic apparatus as exemplified by Goharzadeh et al. (e.g., paragraph 58)). Therefore, the Wang apparatus structure is still considered to be within the scope of claim 1.
Furthermore, upon further consideration, a new ground(s) of rejection is made in view of Bishop et al. (US 2018/0353957 A1).
Note Regarding Prior Art
Examiner cites particular sections, columns, line numbers, paragraphs and figures, in the references as applied to the claims below for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the Applicant fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 – 3, 15 and 16 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Wang et al. (CN 108020490A; hereinafter “Wang”).
Regarding claim 1, Wang teaches a device structure (paragraphs 78 – 119; figures 1 - 12) for driving a cell processing chip (droplet microfluidic chip 2), the cell processing chip being configured to process a cell, the device comprising:
a bearing member (bearing platform 37) configured to carry the cell processing chip (droplet microfluidic chip 2);
an accommodating member (syringe 12) in fluid communication with the cell processing chip and including a space for accommodating a sample or reagent;
a fluid driving member (microfluidic controller 11 which can be configured as a microfluidic syringe pump and actuator 13; paragraph 24) configured to drive flow of fluid in the device and in the cell processing chip;
a signal generating and processing member (signal acquisition and analysis system 4; paragraph 105) configured to apply a signal to a fluid in the cell processing chip to generate a response signal associated with the fluid, and configured to issue a control instruction in response to the response signal; and
a power supply configured to supply power (it is implicit that the control box 33 which includes a main power switch 331 includes a power supply is provided to power and operate the various device components; paragraphs 104 and 108) to the fluid driving member and the signal generating and processing member, and configured to apply a sorting signal to the cell processing chip in response to the control instruction (automatic feeding, detection and sorting; paragraphs 13, 16, 33 and 120).
wherein the fluid driving member comprises at least one pump component, and each of the at least one pump component comprises: a pump inlet in fluid communication with an air pressure device outside the device; a pump outlet configured to output high pressure gas; and an pump controller (e.g., a microfluidic control system 1 and a microfluidic controller 11 and including actuator 13 and syringe pump 12; e.g., paragraphs 86 and 109) configured to control flow of the pump inlet and the pump outlet.
Regarding claim 2, Wang teaches the device according to claim 1, wherein the signal generating and processing member (signal acquisition and analysis system 4; paragraph 105) comprises:
a light source (laser excitation module 31; paragraph 100) configured to provide an optical signal to the fluid in the cell processing chip through an optical transmission medium;
an optical sensor (photodetection system 3 comprising image sensor camera 324; paragraph 102) configured to receive a response signal of the fluid through the optical transmission medium; and
a processor (implicitly contained within signal acquisition and analysis system 4; paragraphs 33 and 105) configured to issue a control instruction based on a result of analyzing the response signal.
Regarding claim 3, Wang teaches the device according to claim 2, wherein the light source is connected to a first position through the optical transmission medium, the optical sensor is connected to a second position through the optical transmission medium, the first position and the second position are in proximity to the cell processing chip and are respectively located on both sides of a flow channel of the cell processing chip, and a connecting line between the first position and the second position passes through the flow channel (referring to figure 12, the light source (laser excitation means 31’) and the detector (fluorescence detection means 32’) are connected to the droplet microfluidic chip 2’ through optical paths 310’ and 320’, respectively; paragraph 118).
Regarding claim 15, Wang teaches the device according to claim 1, wherein the bearing member (bearing platform 37) comprises: a chip base provided with a groove; and a chip fixing plate configured to be embedded in the groove in an installation state, and the chip fixing plate comprising a notch, wherein the cell processing chip is configured to be embedded in the notch in the installation state (the droplet microfluidic chip 2 is fixed on the bearing platform comprising stage 37; figure 11; paragraph 112).
Regarding claim 16, Wang teaches the device according to claim 15, wherein the chip fixing plate comprises at least one fastening component, and wherein when the at least one fastening component is in a fastening state, the at least one fastening component is configured to fasten the cell processing chip and the chip fixing plate to the chip base (the droplet microfluidic chip 2 is fixed on the bearing platform comprising stage 37; figure 11; paragraph 112).
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.
Claim(s) 1 – 3, 15, 16 and 18 is/are alternatively rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (CN 108020490A; hereinafter “Wang”) in view of Bishop et al. (US 2018/0353957 A1; hereinafter “Bishop”).
Regarding claim 1, Wang teaches a device (paragraphs 78 – 119; figures 1- 12) for driving a cell processing chip (droplet microfluidic chip 2), the cell processing chip being configured to process a cell, the device comprising:
a bearing member (bearing platform 37) configured to carry the cell processing chip (droplet microfluidic chip 2);
an accommodating member (syringe 12) in fluid communication with the cell processing chip and including a space for accommodating a sample or reagent;
a fluid driving member (microfluidic controller 11 which can be configured as a microfluidic syringe pump and actuator 13; paragraph 24) configured to drive flow of fluid in the device and in the cell processing chip;
a signal generating and processing member (signal acquisition and analysis system 4; paragraph 105) configured to apply a signal to a fluid in the cell processing chip to generate a response signal associated with the fluid, and configured to issue a control instruction in response to the response signal; and
a power supply configured to supply power (it is implicit that the control box 33 which includes a main power switch 331 includes a power supply is provided to power and operate the various device components; paragraphs 104 and 108) to the fluid driving member and the signal generating and processing member, and configured to apply a sorting signal to the cell processing chip in response to the control instruction (automatic feeding, detection and sorting; paragraphs 13, 16, 33 and 120).
Wang does not specifically teach wherein the fluid driving member comprises at least one air pump component, and each of the at least one air pump component comprises: an air pump inlet in fluid communication with an air pressure device outside the device; an air pump outlet configured to output high pressure gas; and an air pump controller.
Bishop teaches a microfluidic cartridge apparatus comprising an air pump component (e.g., pneumatic pump 558B; paragraph 258) comprising an air pump inlet in fluid communication with an air pressure device (e.g., an accumulator which acts as a compressor to hold high pressure air received from the pneumatic pumps 558B) outside the device; an air pump outlet configured to output high pressure gas (e.g., via pneumatic pump 558B; paragraph 258); and an air pump controller (e.g., processor 566; paragraphs 257 and 258). The combination of familiar elements is likely to be obvious when it does no more than yield predictable results (see MPEP § 2143, A.). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide a fluid driving member comprising at least one air pump component, and each of the at least one air pump component comprises: an air pump inlet in fluid communication with an air pressure device outside the device; an air pump outlet configured to output high pressure gas; and an air pump controller, in order to facilitate effective sample fluid control for the disclosed apparatus.
Regarding claim 2, Wang teaches the device according to claim 1, wherein the signal generating and processing member (signal acquisition and analysis system 4; paragraph 105) comprises:
a light source (laser excitation module 31; paragraph 100) configured to provide an optical signal to the fluid in the cell processing chip through an optical transmission medium;
an optical sensor (photodetection system 3 comprising image sensor camera 324; paragraph 102) configured to receive a response signal of the fluid through the optical transmission medium; and
a processor (implicitly contained within signal acquisition and analysis system 4; paragraphs 33 and 105) configured to issue a control instruction based on a result of analyzing the response signal.
Regarding claim 3, Wang teaches the device according to claim 2, wherein the light source is connected to a first position through the optical transmission medium, the optical sensor is connected to a second position through the optical transmission medium, the first position and the second position are in proximity to the cell processing chip and are respectively located on both sides of a flow channel of the cell processing chip, and a connecting line between the first position and the second position passes through the flow channel (referring to figure 12, the light source (laser excitation means 31’) and the detector (fluorescence detection means 32’) are connected to the droplet microfluidic chip 2’ through optical paths 310’ and 320’, respectively; paragraph 118).
Regarding claim 15, Wang teaches the device according to claim 1, wherein the bearing member (bearing platform 37) comprises: a chip base provided with a groove; and a chip fixing plate configured to be embedded in the groove in an installation state, and the chip fixing plate comprising a notch, wherein the cell processing chip is configured to be embedded in the notch in the installation state (the droplet microfluidic chip 2 is fixed on the bearing platform comprising stage 37; figure 11; paragraph 112).
Regarding claim 16, Wang teaches the device according to claim 15, wherein the chip fixing plate comprises at least one fastening component, and wherein when the at least one fastening component is in a fastening state, the at least one fastening component is configured to fasten the cell processing chip and the chip fixing plate to the chip base (the droplet microfluidic chip 2 is fixed on the bearing platform comprising stage 37; figure 11; paragraph 112).
Regarding claim 18, Wang does not specifically teach the use of a plurality of power supplies or the device according to claim 1, wherein the power supply comprises a first power supply, a second power supply and a third power supply that are mutually independent, the first power supply is configured to supply power to the fluid driving member, the second power supply is configured to supply power to the signal generating and processing member, and the third power supply is configured to apply a sorting signal to the cell processing chip in response to the control instruction. However, the mere duplication of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art (see MPEP § 2144.04). Furthermore, the combination of familiar elements is likely to be obvious when it does no more than yield predictable results (see MPEP § 2143, A.). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide a plurality of power supplies as claimed to facilitate the effective operation of the disclosed device.
Allowable Subject Matter
Claims 4 – 8, 10 – 13 and 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 4, Wang teaches the device according to claim 3, wherein the device further comprises a rack (double layer rack 6; figure 11; paragraph 109), which is provided with a space for accommodating functional components. However, Wang and the additional cited prior art do not specifically teach or fairly suggest:
wherein the signal generating and processing member further comprises an optical transmission medium adapter plate detachably connected with the rack, and the optical transmission medium adapter plate is arranged between the light source and the first position or between the optical sensor and the second position, the optical transmission medium adapter plate comprises:
an optical transmission medium section comprising a first end and a second end opposite to the first end, wherein the first end is arranged at the first position when the optical transmission medium adapter plate is arranged between the light source and the first position, and the first end is arranged at the second position when the optical transmission medium adapter plate is arranged between the optical sensor and the second position,
wherein the optical transmission medium at the first end is exposed, and the first end is fixed relative to a microfluidic chip when the optical transmission medium adapter plate is in an installation position; and
wherein the second end is detachably connected to the light source when the first end is arranged at the first position, and the second end is detachably connected to the optical sensor when the first end is arranged at the second position.
Regarding claim 5, Wang and the additional cited prior art do not specifically teach or fairly suggest the device according to claim 2, wherein the light source is connected to a first optical transmission medium interface in the cell processing chip through the optical transmission medium, and the optical sensor is connected to a second optical transmission medium interface in the cell processing chip through the optical transmission medium, the first optical transmission medium interface and the second optical transmission medium interface are respectively connected to a transmitter and a receiver located in the cell processing chip and arranged opposite to each other on both sides of the flow channel of the cell processing chip.
Regarding claim 10, Wang and the additional cited prior art do not specifically teach or fairly suggest the device according to claim 1, wherein the accommodating member comprises at least one accommodating component, each of the at least one accommodating component comprises: a sample tube; an adapter arranged at one end of the sample tube and at least partially covering the sample tube; an air path connector arranged on the adapter and configured to be in fluid communication with the air pump outlet; and a liquid path connector arranged on the adapter and configured for liquid to enter and exit the sample tube.
Claims 22 and 23 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 22, the cited prior art neither teaches nor fairly suggests a device for driving a cell processing chip, the device further comprising:
wherein the signal generating and processing member further comprises an optical transmission medium adapter plate detachably connected with the rack, and the optical transmission medium adapter plate is arranged between the light source and the first position or between the optical sensor and the second position, the optical transmission medium adapter plate comprises:
an optical transmission medium section comprising a first end and a second end opposite to the first end, wherein the first end is arranged at the first position when the optical transmission medium adapter plate is arranged between the light source and the first position, and the first end is arranged at the second position when the optical transmission medium adapter plate is arranged between the optical sensor and the second position,
wherein the optical transmission medium at the first end is exposed, and the first end is fixed relative to a microfluidic chip when the optical transmission medium adapter plate is in an installation position; and
wherein the second end is detachably connected to the light source when the first end is arranged at the first position, and the second end is detachably connected to the optical sensor when the first end is arranged at the second position.
Regarding claim 23, the cited prior art neither teaches nor fairly suggests a device for driving a cell processing chip, the device further comprising:
wherein the light source is connected to a first optical transmission medium interface in the cell processing chip through the optical transmission medium, and the optical sensor is connected to a second optical transmission medium interface in the cell processing chip through the optical transmission medium, the first optical transmission medium interface and the second optical transmission medium interface are respectively connected to a transmitter and a receiver located in the cell processing chip and arranged opposite to each other on both sides of the flow channel of the cell processing chip.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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 BRIAN J. SINES whose telephone number is (571)272-1263. The examiner can normally be reached 9 AM-5 PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Elizabeth A Robinson can be reached at (571) 272-7129. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BRIAN J. SINES
Primary Patent Examiner
Art Unit 1796
/BRIAN J. SINES/Primary Examiner, Art Unit 1796
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