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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/05/2026 has been entered.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-8 and 10-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Talebpour et al (US20150276727A1 published 10/01/2015; hereinafter Talebpour).
Regarding claim 1, Talebpour a system comprising:
a cuvette device (a device 1 capable of holding a cuvette – Fig. 1) consisting of one opening to an interior (an inlet 10 leading to the inside of the device 1 – paragraph 95 and Fig. 1) and configured to hold a tissue or cellular sample inside (“to hold a tissue or cellular sample” does not positively recite the sample; therefore, the sample is a material worked upon by the apparatus; see MPEP2115) (a flow channel 14 with a concentration zone for concentrating cells – Fig. 2 and paragraphs 12, 98);
one or more electrodes in contact with at least a first side of the cuvette device (an electrode 15 on one side of the device 1 – Figs. 1-2);
another one or more electrodes in contact with at least a second side of the cuvette device opposite the at least the first side (an electrode 16 the other side of the device 1 opposite the electrode 15 – Figs. 1-2); and
a power source (an external voltage source 25 – Fig. 2 and paragraph 113) configured to provide an adjustable power having a voltage between 2 V and 20 V (“provide an adjustable power having a voltage between 2 V and 20 V” is an intended use of the “power source” and is deemed to read on a power source or equivalent structure capable of providing a voltage between 2-20V ) to the one or more electrodes or the other one or more electrodes when powered (the external voltage source 25 applies a potential difference between the two electrodes 15 and 16 and is deemed capable of providing an adjustable power having a voltage between 2 V and 20 V – Fig. 2 and paragraphs 113, 276) that establishes and applies a uniform electric field (“establishes and applies a uniform electric field” is an intended use of the “power source” and is deemed to read on a power source or equivalent structure capable of providing a uniform electric field) through the cuvette device and the tissue or the cellular sample for 15 minutes or less (the external voltage source 25 is capable of applying a potential difference between the two electrodes 15 and 16 to provide a uniform electric field for 15 minutes or less – Fig. 2 and paragraphs 113, 276), wherein the uniform electric field strength is between 10 V/cm and 100 V/cm (the external voltage source 25 is capable of applying a uniform electric field strength between 10 V/cm and 100 V/cm s – Fig. 2 and paragraphs 113, 276), wherein application of the uniform electric field for 15 minutes or less is configured to induce electrical dissociation of the tissue or cellular sample into viable single cells and/or smaller groups of viable cells inside the cuvette device without prior alteration to the tissue or cellular sample (the examiner points out that “configured to induce electrical dissociation” is an intended use of the power source and reads on the external voltage source 25 because the external voltage source 25 is capable of providing a uniform electric field between 10 V/cm and 100 V/cm for 15 minutes or less – paragraphs 113, 276; see MPEP2114 II).
Regarding claim 2, Talebpour teaches the system of claim 1, wherein the cuvette device is configured to hold the tissue or cellular sample in at least one fluid (one or more cells provided in a cell-containing liquid sample – paragraph 6).
Regarding claim 3, Talebpour teaches the system of claim 2, wherein the at least one fluid comprises a nonionic liquid (the apparatus capable of holding and processing a sample comprising a nonionic liquid – paragraph 6) (“a nonionic liquid” is a material worked upon by the claimed device and per MPEP2115 the material or article worked upon does not limit the apparatus claims).
Regarding claim 4, Talebpour teaches the system of claim 3, wherein the nonionic liquid comprises an additive (the apparatus is capable of holding and processing a sample comprising a nonionic liquid comprising an additive – paragraph 6).
Regarding claim 5, Talebpour teaches the system of claim 1, wherein the cuvette device is configured to hold and process a plurality of tissue and/or cellular samples (the apparatus capable of holding and processing one or more cells provided in a cell-containing liquid sample – paragraph 6).
Regarding claim 6, Talebpour teaches the system of claim 1, wherein the cuvette device comprises a well, a tube, a microfluidic chip (the device 1 comprises a microfluidic chip with the flow channel 14 – and Fig. 1-2), or another vessel.
Regarding claim 7, The system of claim 6, wherein the one or more electrodes and/or the other one or more electrodes are located within the cuvette device (the two electrodes 15 and 16 are located within the device 1 – Figs. 1-2).
Regarding claim 8, The system of claim 6, wherein the one or more electrodes and/or the other one or more electrodes are located on an outside of the cuvette device (the two electrodes 15 and 16 comprising external contact pads located outside of the device 1– paragraph 98).
Regarding claim 10, Talebpour teaches the system of claim 1, wherein a voltage between the one or more electrodes within the cuvette device is below an electroporation threshold of the tissue or cellular sample (the apparatus is capable of having a voltage between the electrodes 15 and 16 below an electroporation threshold of the cells – paragraph 103).
Regarding claim 11, Talebpour teaches the system of claim 1, wherein the voltage is an oscillating voltage (the apparatus generates voltage pulses between the electrodes 15 and 16, and voltage pulse is deemed read on oscillating voltage – paragraph 38).
Regarding claim 12, Talebpour teaches the system of claim 1, wherein the electric field is an AC field or a DC field (the apparatus is capable being used to apply an AC field or a DC field with the external voltage source – paragraphs 98, 113).
Response to Arguments
Applicant's arguments filed 03/05/2026 have been fully considered but they are not persuasive.
Point 1: The applicant argues that “Talebpour does not disclose at least a cuvette device consisting of one opening to an interior and configured to hold a tissue or cellular sample” and is not persuasive.
The examiner points out that Talebpour teaches a device 1 capable of holding a cuvette an inlet 10 leading to the inside of the device 1 (paragraph 95 and Fig. 1) and a flow channel 14 capable of holding cells (Fig. 2).
Point 2: The applicant argues that Talebpour does not teach “wherein the uniform electric field strength is between 10 V/cm and 100 V/cm, wherein application of the uniform electric field for 15 minutes or less is configured to induce electrical dissociation of the tissue or cellular sample into viable single cells and/or smaller groups of viable cells inside the cuvette device without prior alteration to the tissue or cellular sample” and is not persuasive.
The examiner points out that “the uniform electric field strength is between 10 V/cm and 100 V/cm”, “application of the uniform electric field for 15 minutes or less”, and “configured to induce electrical dissociation” are intended uses of the power source and reads on the external voltage source 25 because the external voltage source 25 is capable of providing a uniform electric field between 10 V/cm and 100 V/cm for 15 minutes or less to induce electrical dissociation (paragraphs 113, 276; see MPEP2114 II).
Point 3: The applicant argues that “amended claim 1 describes inducing electrical dissociation. Talebpour is entirely silent about being able induce electrical dissociation of a tissue or cellular sample” and is not persuasive.
The examiner points out that “configured to induce electrical dissociation” is an intended use of the power source and reads on the external voltage source 25 because the external voltage source 25 is capable of providing a uniform electric field between 10 V/cm and 100 V/cm for 15 minutes or less to induce electrical dissociation (paragraphs 113, 276; see MPEP2114 II).
Point 4: The applicant argues that “Talebpour does not disclose a cuvette device” and is not persuasive.
The examiner points out that Talebpour teaches a device 1 capable of holding a cuvette (Fig. 1) and is deemed read on a cuvette device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TINGCHEN SHI whose telephone number is (571)272-2538. The examiner can normally be reached M-F 9am-6pm.
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/T.C.S./Examiner, Art Unit 1796
/CHARLES CAPOZZI/Supervisory Patent Examiner, Art Unit 1798