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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 7 August 2026 has been entered.
Response to Amendment
This is an office action in response to Applicant’s arguments and remarks filed on 7 August 2028. Claims 2-4 and 6-11 are currently pending in the application. Claims 1 and 5 were previously cancelled. Claims 10 and 11 are newly added. Claims 2-4 and 6-11 are being examined herein, with claim 6 being the independent claim.
Examiner will present claim 6 first as it is the independent claim.
Status of Objections and Rejections
The rejections of claims 2-4, 6-7, and 9 under 35 U.S.C. § 103 in view of Carter, et. al. (US 20070245810 A1) in view of Fujimoto (US 20180043358 A1) are withdrawn in view of amendment.
The rejections of claim 8 under 35 U.S.C. § 103 in view of Carter, et. al. (US 20070245810 A1) in view of Fujimoto (US 20180043358 A1) in further view of Linder, et. al. (US 20110253224 A1) are withdrawn in view of amendment.
Response to Arguments
Applicant’s arguments, see Remarks, pg. 7-10, filed 7 August 2026, with respect to the rejection(s) of claim(s) 2-4 and 6-9 under 35 U.S.C. § 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Perdigones Sanchez, et. al. (US 20190070603 A1; hereinafter Sanchez) in view of Carter, et. al. (US 20070245810 A1) and Fujimoto (US 20180043358 A1), all art referenced in previous office actions.
Applicant first argues Carter does not teach or fair disclose vertical fluid communication holes (Remarks, pg. 8, par. 03).
Examiner no longer relies on Carter, but Sanchez to teach the vertical fluid communication holes. Examiner notes the continued use of Carter for other claim elements.
Applicant then argues Fujimoto to not teach welding together individual layer, specifically that the fluidic components are all in a single layer and not two layers adhered together (Remarks, pg. 9, par. 01).
Examiner no longer relies on Fujimoto to teach separate layers each with fluidic components being adhered together but instead relies on Fujimoto to teach separate layers. Examiners notes the continues use of Fujimoto, however, to teach the use of welding to adhere parts/layers together.
Applicant argue that the prior art of the record (Carter and Fujimoto) do not teach or disclose a sensor on the base of an upper layer (Remarks, pg. 9, par. 02).
Examiner presents a new rejection below in view of Sanchez in further view of Carter to teach a sensor embedded in a base of a lower layer. Sanchez teaches the layered microfluidic device that can include a sensor and Carter provides motivation for placing a sensor in different areas within the microfluidic device. So, while Examiner maintains the use of Carter to teach a sensor location, the presence of layers is taught by Sanchez, and those layers are further modified to combine a sensor as taught by Carter (see below for further detail).
Applicant argues Carter in view of Fujimoto is silent to the metallization of the lower layer (Remarks, pg. 10, par. 01).
Examiner presents a new rejection in view of Sanchez (see below for further detail).
Applicant finally argues that remaining dependent claims are allowable based on their dependence on independent claim 6 (Remarks, pg. 10, par. 02).
New rejections are provided in further detail below for the dependent claims.
Claim Objections
Claim 6 is objected to because of the following informalities:
Line 37 of claim 6 recites “each fluid inlet hold.” Examiner believes this should recite “hole” not “hold.”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-4 and 6-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 6 recites the limitation "the one or more sensors" in line 21 of the claim. There is insufficient antecedent basis for this limitation in the claim as one or more sensors is not previously recited in the claim. Examiner recommends amending the claim to recite “one or more sensors” or an equivalent thereof.
Claim 6 recites the limitation "the microfluidic mixing chamber" in line 27 of the claim. There is insufficient antecedent basis for this limitation in the claim a microfluidic mixing chamber is not previously recited in the claim. Examiner believes this is meant to be the mixing channel and recommends amending the claim to recite “the microfluidic mixing channel” or an equivalent thereof.
Claim 6 recites the limitation "the external actuator platform" in line 33-34 of the claim. There is insufficient antecedent basis for this limitation in the claim as not external actuator platform has been previously recited, only an actuator platform. Examiner believes these to be the same actuator platforms. Examiner recommends amending the claim to recite “the actuator platform” or an equivalent thereof.
Claim 6 recites the limitation “with sensors above…” in lines 37-38 of the claim. Claim 6 previously “one or more sensors” and the omission of the “one or more” before sensors leads to confusion as it is unclear of there is a requirement for more than one sensor. Examiner recommends amending the claim to recite “with one or more sensors above…” or an equivalent thereof.
Claims 2-4 and 5-11 are rejected based on their dependence to claim 6.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 6, 2-4, 7, 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Perdigones Sanchez, et. al. (US 20190070603 A1; hereinafter Sanchez) in view of Carter, et. al. (US 20070245810 A1) and Fujimoto (US 20180043358 A1).
Regarding claim 6, Sanchez teaches a fluidic device chamber that drives liquid samples (par. 0001). Sanchez teaches the fluidic device has a use in lab on chip platforms 4 (par. 0026, 0050) and comprises an upper fluid driving area comprising primarily of (see area above horizontal line in provided Fig. 6 below). The upper fluid driving area comprises two plungers 25, 26 (at least two fluid driving systems) (Fig. 6-7; par. 0060). As seen in Figures 6 and 7, the plungers 25, 26 are located on the same horizontal, upper plane (a lab-on-a-chip with an upper layer comprising a fluid driving area provided with at least two fluid driving systems in a same horizontal plane). Sanchez teaches a second, lower layer (see area below horizontal line in provided Fig. 6 below) comprising chambers 27, 29, 36, 38 (microfluidic mixing area) wherein the chambers are separated by superimposed walls 28, 30, 35, 37 that when actuated combine chambers 27 and 29 and 36 and 38, respectively (Fig. 6-7; par. 0055) (and a lower layer comprising a microfluidic mixing area for mixing such fluids).
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Sanchez teaches the upper driving area comprises an opening (at least one fluid inlet hole) as indicated by the arrow in provided Figure 6 below. The fluid driving area further comprise plungers 25, 26 (Fig. 6-7; par. 0060) wherein the plungers are connected to connection port 1 and electrical connections 3 (driver) that drive the plungers 25, 26 into ports 39, 40 (par. 0052) (wherein each fluid driving system is provided with at least one fluid inlet hole and respective moving plunger, each plunger attached to a driver for moving the plungers forward and backward). Sanchez teaches the openings (fluid inlet holes) in ports 39, 40 directly lead to vertical opening (a vertical communication hole), see circled area in provided Figure 6 below. The opening leads to chambers 27, 29, 36, 38 that combine to form chambers 27/29 and 36/38 (microfluidic mixing channel) (Fig. 6-7) (wherein the microfluidic mixing area is provided with at least one microfluidic mixing channel, and the fluid inlet holes and the microfluidic mixing channel are connected to allow for direct vertical fluid connection from each fluid inlet hole into the microfluidic mixing channel by a vertical communication hole).
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Sanchez teaches the microfluidic platform further comprises electronic board 17 connected to connection port 1 (actuator platform) through electrical connections 3 (driver) (Fig. 6-7; par. 0053, 0058) (wherein the microfluidic device further comprises an actuator platform connected to the drivers). The activation of individual pistons (motor) can be simultaneous or not (par. 0059) (wherein the actuator platform comprises an electronic board with… a motor for actuating the drivers to carry out several processes within the device at the same time).
Sanchez teaches a sample can be pre-loaded into the chamber and sealed in the port awaiting use by a plug 53; the plug 53 seals the sample in port 48 at the open end closest to where the plunger is first inserted (Fig. 10-2; par. 0063-0065) (wherein the fluid inlet holes are each provided with a closing plug inside).
Sanchez teaches lab-on-chip 4 (upper and lower layers) is made of a PMMA substrate (wherein the upper layer is formed from a biocompatible base material) (wherein the lower layer is formed from the biocompatible base material) (par. 0067). Sanchez teaches all openings, inlet holes, channels, are made in the PMMA substrate through hot stamping and molding (Fig. 15; par. 0067) such that the openings are corresponding to their respective plungers (par. 0070) (wherein each fluid inlet hole is… molded… into the upper layer and connected to the respective plunger) (and each vertical communication hole is… molded… from each fluid inlet hole downward through the base of the upper layer to provide the direct vertical fluid connection from the fluid inlet holes into the microfluidic mixing channel of the lower layer) (wherein the microfluidic mixing channel is… molded… into the lower layer) (lab-on-a-chip having direct vertical fluid connection between each fluid inlet hole and the microfluidic mixing channel).
Sanchez is silent to a processor being associated with the electronic board.
Sanchez teaches the microfluidic device can be paired with sensors (par. 0048); however, Sanchez is silent to electronic connections for connecting the one or more sensors to the processor of the actuator platform for controlling the actuation of the drivers based on data provided by the one or more sensors; one or more sensors are chemically welded at a base of the upper layer at a position to be above the microfluidic mixing chamber; and the sensors (being) above the microfluidic mixing channel.
Carter teaches a cartridge that comprises two modules 480 where a fluid is introduced with each module containing a chamber 486 (fluid driving area) and a plunger 481, the plunger 481 is moved by a mechanical device like a piston (Fig. 6; par. 0137). The cartridge additionally comprises a staging chamber 420 and a detection chamber 430 (fluidic mixing area) downstream the chamber 486 and plunger 481 module (Fig. 6). Carter teaches the plungers associated with the driving system of the modules are controlled by actuator 90 located on the cartridge (Fig. 1; par. 0137). Carter teaches that plungers are driven by a mechanical device (motor) that is controlled by the actuator (par. 0137). Carter teaches connector 54 (an electronic board) connects sensor 50 to a controller or “other system that may supply control signals” (a processor) to the device (par. 0058, 0092) (wherein the actuator platform comprises an electronic board with a processor and a motor for actuating the drivers to carry out several processes within the device at the same time). Sanchez teaches the bottom of PMMA substrate is adhered to the PCB with a series of electronic copper tracks for electrical connections (par. 0068-0069) (thereafter the lower layer is metallized to establish the electronic connections to the external actuator platform).
Carter teaches a connector system 54 connecting sensor(s) to a controller or system to that supplies signals to and from the sensors and to other device components such as the valves and fluid monitors (par. 0058). Additionally, the device includes sensors 20 and fluid monitors 27 (one or more sensors) that are electrically connected to the actuators to provide a feedback loop, and wherein the actuators may be automated (Fig. 1; par. 0058, par. 0092-0094, par. 0098) (electronic connections for connecting the one or more sensor to the processor for controlling the actuation of the drivers based on data provided by the one or more sensors). These feedback loops provide signals to ensure proper operation of the device (par. 0092)
I would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to combine the electronic driving system of Sanchez with the controller of Carter because the addition of a controller allows for automated control over the electronic actuation of steps of the microfluidic device, and this involves combining known elements (electronic driving means of Sanchez and a controller for the electronics of Carter) is likely to be obvious when predictable results (control of electronic systems) are achieved. MPEP 2143(I)(A).
I would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to combine the microfluid systems of Sanchez with the sensors of Carter because sensors provide feedback control to ensure correct operation of the microfluidic device (Carter, par. 0092), and this involves combining known elements (microfluidic analysis/mixing system of Sanchez and sensor of a microfluidic analysis system of Carter) is likely to be obvious when predictable results (feedback control of correct operations) are achieved. MPEP 2143(I)(A).
Modified Sanchez in view of Carter is silent to one or more sensors are chemically welded at a base of the upper layer at a position to be above the microfluidic mixing chamber; and the sensors (being) above the microfluidic mixing channel.
Carter teaches fluid monitor 27, a sensor that can take the form of, but not limited to, electrodes for the real-time monitoring of fluid presence in the microfluidic cartridge 10 (par. 0090). Carter teaches an initial example of the fluid monitor 27 (sensor) for monitoring chamber 30 (microfluidic mixing channel) by being placed on a lower surface of the chamber 30 (Fig. 1; par. 0091).
However, Carter teaches wherein the singular or multiple fluid monitors 27 can be installed in many different locations within the cartridge 10 (par. 0091). Specifically, Carter teaches the fluid monitor 27 is most advantageous when it is located at a position within the interior volume of the cartridge 10 that will allow the fluid monitor to be employed as the start of a feedback loop (par. 0091-0092). Since this particular parameter is recognized as a result-effective variable (i.e. a variable which achieves a recognized result), the determination of the optimum or workable ranges of said variable can be characterized as routine experimentation. See MPEP 2144.05 (II)(A). Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to move the fluid monitor (sensor) to an area that best triggers the feedback loop, like being chemically welded at a base of the upper layer at a position to be above the microfluidic mixing chamber and the sensors (being) above the microfluidic mixing channel.
Modified Sanchez teaches attaching all layers through adhesive (Sanchez, par. 0069) but is silent to wherein the upper layer and the lower layer are layered and welded together; and wherein, once the upper layer and the lower layer are manufactured, the upper layer and the lower layer are joined by welding to produce a stacked lab-on-a-chip.
Fujimoto teaches a microfluidic chip with plungers for introducing fluid into a fluid space (Abstract). Fujimoto teaches the microfluidic device comprises a driving apparatus 2 to drive plungers 21, 22, 23 to move fluid from fluid spaces S1, S2, and S3 into microchannels L1, L2, L3, and ultimately to reaction space S6 where all the fluids mix together (Fig. 1).
Fujimoto teaches the individually formed layers of the same material are then adhered together by thermally fusing the layers together after heating the surfaced that will be joined together to a melting point and pressing them together (par. 0045) (wherein the upper layer and the lower layer are layered and welded together) (wherein, once the upper layer and the lower layer are manufactured, the upper layer and the lower layer are joined by welding to produce a stacked lab-on-a-chip).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to substitute the use of glue adhesive in the production of the lab-on-a-chip of modified Sanchez to be instead use welding to fuse the layers together as taught by Fujimoto because those are easy and well known production methods for microfluidic devices, particularly those with complex structures (Fujimoto, par. 0044-0045), and this involves the simple substitution of one known element (glue) for another (welding) is likely to be obvious when predictable results (attachment) are achieved. MPEP 2143(I)(B).
Regarding claim 2, modified Sanchez teaches a purge port 54 within port 48; port 48 corresponds to port 13 discussed above (Fig. 10-1, 10-2; par. 0063) (wherein each of the fluid inlet holes is provided with a purge hole).
Regarding claim 3, modified Sanchez teaches plug 53 seals the sample in port 48 at the open end closest to where the plunger is first inserted (Sanchez, Fig. 10-2; par. 0063-0065).
Modified Sanchez is silent to wherein each of the closing plugs is provided with piercing elements.
Carter teaches a cartridge that comprises two modules where a fluid is introduced 480 with each module containing a chamber 486 and a plunger 481, the plunger is moved by a mechanical device like a piston (Fig. 6; par. 0137). Carter teaches the tip 683 of plunger 681 (comparable to plunger 481) is designed to pierce seals between the fluid inlet chamber and the staging chamber (Fig. 8A, 8B; par. 0131). Carter teaches the use of piercing tips keep reagents and other materials stored allow for mixing, thus beginning a reaction, at specified time (par. 0132) (wherein each of the closing plugs is provided with piercing elements). This allows for more control of the reaction within the device ultimately leading to improved shelf life of stored materials and ultimately better analysis results (par. 0017).
I would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify the closing plugs of modified Sanchez to further include a piercing element as taught by Carter because piercing elements allow for more control of the reaction within the device ultimately leading to improved shelf life of stored materials and ultimately better analysis results (Carter, par. 0017) with reasonable expectation of success. MPEP 2143(I)(G).
Regarding claim 4, modified Sanchez in view of Carter teaches the detection chamber of the device has one side that comprises a fluid monitor 27 (Carter, par. 0090) and at least one of a sensor 50 but can contain multiple sensors of a multiple types like acousto-mechanical sensor or electrochemical detection or conductivity sensors (Carter, Fig. 1; par. 0020-0021, 0098) (said one or more sensors are selected from the group consisting of: physical sensors, chemical sensors, and combinations thereof).
Regarding claim 7, modified Sanchez in view of Carter teaches fluid monitor 27, 427 that offers real-time fluid monitoring within the cartridge 10, 410, with Figure 6 showing the fluid monitor 427 at the start of chamber 430 (Carter, Fig. 1, 6; par. 0090-0091) (said one or more sensors are configured to detect a position of a fluid within said microfluidic mixing channel). Carter further teaches fluid monitor 27 is electronically connected to a controller in order to employ a feedback loop to operate actuators 90 as part of modules 80 (Carter, par. 0092) (said one or more sensors are configured to send a control signal to said processor… of said drivers when the fluid reaches a desired position in said microfluidic mixing channel). While the example given by Carter teaches a process to start actuation of actuators 90, it is understood by those of ordinary skill in the art that the only different in the process between starting and stopping the actuators based on the signal from the fluid monitor is how the automated device is programed and if the device can be programmed to start a process based on a signal, it is fully capable of stopping the same process with a signal (to send a control signal to said processor to stop actuation of said drivers).
Regarding claim 9, modified Sanchez teaches a portion 31, 34 (one or more chambers into the microfluidic mixing area) of fluidic mixing area separated from the main microfluidic mixing area (the combined chambers 27/29 and 36/38 by superimposed wall/valve 30, 35 (respectively), wherein the superimposed wall/valve 30, 35 serves as an inlet for portion 31, 34 (Sanchez, Fig. 6-7; par. 0055) (one or more chambers into the microfluidic mixing area for inlet of one or more complementary fluids).
Regarding claim 10, modified Sanchez teaches a portion 31, 34 (one or more chambers into the microfluidic mixing area) of fluidic mixing area separated from the main microfluidic mixing area (the combined chambers 27/29 and 36/38 by superimposed wall/valve 30, 35 (respectively), wherein the superimposed wall/valve 30, 35 serves as an outlet for combined chambers 27/29 and 36/38 (Sanchez, Fig. 6-7; par. 0055) (one or more chambers into the microfluidic mixing area for outlet of one or more complementary fluids).
Regarding claim 11, modified Sanchez teaches wherein pressure changes within the microfluidic system drives the fluid motion because once the lab-on-chip 4 is connected to the connection port 1, energy is stored as pressure inside the chambers making the device portable (Sanchez, par. 0048). Sanchez teaches the device starts under atmospheric pressure (Sanchez, par. 0050) and upon actuation, the chambers most upstream have a lower pressure (vacuum) (Sanchez, par. 0052) (wherein the closing plugs put each respective fluid inlet hole under vacuum). Because pressure change helps drive the fluid flow, the device is fully capable of moving fluid forward and backward in the closed microfluidic system (allowing for fluids to be easily driven both forward and backward in the fluid inlet holes).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Perdigones Sanchez, et. al. (US 20190070603 A1; hereinafter Sanchez) in view of Carter, et. al. (US 20070245810 A1) and Fujimoto (US 20180043358 A1) as applied to claim 6 above, and further in view of Linder, et. al. (US 20110253224 A1).
Regarding claim 8, modified Sanchez in view of Carter teaches at least one of a sensor 50 but can contain multiple sensors of a multiple types like acousto-mechanical sensor or electrochemical detection or conductivity sensors within chamber 30 (Carter, Fig. 1, 6; par. 0020-0021, 0098). Carter additionally teaches temperature sensors and temperature control elements are also provided within the cartridge 10 (Carter, par. 0058) (said one or more sensors are configured to detect a temperature within said microfluidic mixing channel). Carter teaches sensor 50 can be connected to a controller through connector 54; connector 54 can receive and send electronic signals from sensors and send to a controller wherein additional connectors 54 are connected to other components on the cartridge 10, like modules 80 (Carter, Fig. 1; par. 0058) (said one more sensors are configured to send a control signal to said processor).
Modified Sanchez is silent to the sent control signal being used to start actuation of said drivers when the temperature reaches a desired temperature in said microfluidic mixing channel.
Linder teaches systems and methods for controlling fluid movement in microfluidic systems based on feedback signals of different processes (Abstract). Linder teaches an embodiment of the microfluidic device that comprises a cassette or cartridge 20 connected to a fluid control source 40 via inlets, a processor/control system 50, detector system 34 and a temperature regulating system 41 (Fig. 1; par. 0026). Linder teaches the control system can control fluids by the use of feedback from events taking place in the system (par. 0028). Linder teaches one such example of the feedback response is detecting a specific even or condition within a specific region of the device, like the temperature within a region of the device (par. 0033), and once this is detected, the signal is received by the control system 50 and the feedback from the control system is used to control another part of the microfluidic device, like the fluid control source (par. 0032) (to start actuation of said drivers when the temperature reaches a desired temperature in said microfluidic mixing channel). Linder teaches the embodiments that utilize feedback control loops to control fluid movement within a microfluidic device, help simplify and reduce costs of complex microfluidic systems and provide additional quality control measures (par. 0003).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify the temperature sensor and the controller of modified Sanchez to be directly involved in the feedback loop mechanism to control the fluid actuation as taught by Linder because the feedback loop connecting the sensor and controller simplify and reduce costs of complex microfluidic systems and provide additional quality control measures to the system (Linder 0003) with reasonable expectation of success. MPEP 2143(I)(G).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Gao (US 20110020182 A1) teaches a layered microfluidic cartridge with a series of chambers and a biochip for analysis (Abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADISON T HERBERT whose telephone number is (571)270-1448. The examiner can normally be reached Monday-Friday 8:30a-5:00p.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Maris Kessel can be reached at (571) 270-7698. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.T.H./Examiner, Art Unit 1758
/MARIS R KESSEL/Supervisory Patent Examiner, Art Unit 1758
