Prosecution Insights
Last updated: October 04, 2026
Application No. 17/774,078

Pumpless Microfluidic Devices and Uses Thereof

Non-Final OA §103
Filed
May 03, 2022
Priority
Nov 04, 2019 — AU 2019904151 +1 more
Examiner
HERON, VELVET ELIZABETH
Art Unit
1798
Tech Center
1700 — Chemical & Materials Engineering
Assignee
UNIVERSITY OF SOUTH AUSTRALIA
OA Round
3 (Non-Final)
47%
Grant Probability
Moderate
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 47% of resolved cases
47%
Career Allowance Rate
9 granted / 19 resolved
-17.6% vs TC avg
Strong +53% interview lift
Without
With
+52.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
34 currently pending
Career history
68
Total Applications
across all art units

Statute-Specific Performance

§101
2.0%
-38.0% vs TC avg
§103
49.5%
+9.5% vs TC avg
§102
29.0%
-11.0% vs TC avg
§112
18.8%
-21.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 19 resolved cases

Office Action

§103
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 . Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 February 5, 2026 has been entered. Claim Status Claims 1-16, 19, and 20 are pending. Claims 17 and 18 are cancelled. Claims 1 and 20 are amended. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1, 8, 10, 11, 12, 14, 15, 16, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Holman et. al. (US 20110223654) in further view of Wells (US 2246346A). Regarding Claim 1, Holman teaches “An apparatus for inducing and/or controlling flow of a fluid within a microfluidic channel in a microfluidic device, the apparatus comprising:” (Para [0012], nano-microfluidic devices and systems. The systems can include at least one channel within a substrate, an aqueous layer in fluid contact with substrate, inlet and outlet in fluid communication with aqueous layer in which contains a fluid that flows.); “a fluid reservoir” (Paras [0108] and [0110], a well is in fluid communication with a fluid reservoir through a channel. The fluid reservoir can comprise a porous material saturated with fluid.). The recitation “configured for holding a volume of fluid to be transported through said microfluidic channel and also configured for fluid connection to an inlet of said microfluidic channel;” is a capability of the device. Holman discloses the positively claimed structural elements of the device as claimed, such device is said to be fully capable of the recited adaptation in as much as recited and required herein. In addition, Holman teaches (Paras [0012], [0108] and [0110] the fluid reservoir comprises a fluid and in fluid communication with a channel. At least one inlet and outlet in fluid communication with the aqueous layer within the channel). Therefore, the fluid reservoir is in fluid communication with the inlet of the channel. Also taught by Holman “an evaporation reservoir” (Para [0097], the outlet and outlet reservoir can comprise a porous material unsaturated with fluid. Fluid is drawn from the aqueous layer by wicking from the outlet. The porous material of the outlet reservoir can be warmed which causes evaporation of fluid.). Therefore, the outlet reservoir is the evaporation reservoir. The recitation “configured for fluid connection to an outlet of said microfluidic channel” is a capability of the device. Holman discloses the positively claimed structural elements of the device as claimed, such device is said to be fully capable of the recited adaptation in as much as recited and required herein. In addition, Holman teaches (Para [0093], the outlet can comprise the edge of a porous material, and the outlet reservoir can comprise the porous material unsaturated with fluid.) which teaches the outlet and the outlet reservoir being in communication with each other. Also taught “the evaporation reservoir comprising at least one wetting, wicking or hydrophilic structure positioned at least partly within the reservoir,” (Para [0093], outlet reservoir can comprise the porous material unsaturated with fluid.). The recitation “capable of absorbing or conducting the fluid present in the microfluidic channel via wicking action or capillary force and maintaining a substantially constant volume of the fluid in the evaporation reservoir; wherein evaporation of the fluid at the outlet results in the fluid being drawn from the fluid reservoir through the microfluidic channel to thereby create a flow of the fluid in the microfluidic channel” is a capability of the device. Holman discloses the positively claimed structural elements of the device as claimed, such device is said to be fully capable of the recited adaptation in as much as recited and required herein. In addition, Holman teaches (Paras [0097] and [0015], Fluid can be removed from the aqueous layer by a variety of means. In more embodiments, the outlet and outlet reservoir can comprise a porous material unsaturated with fluid. In such embodiments, fluid is drawn from the aqueous layer by wicking from the outlet. In addition, flow-induced wicking at the flow-channel exit which can be enhanced by an additional evaporation at the exit.). Holman teaches a wicking cloth to absorb fluid within (Para [0117], The outlet deep channel provided an exit for liquid flowing from the flow-channels. A wicking cloth was placed over the outlet deep channel to absorb fluid flowing from the flow-channels) but does not teach “and wherein the at least one wetting, wicking or hydrophilic structure comprises a buoyant wicking strand positioned such that its degree of immersion in the evaporation reservoir varies with fluid level, thereby regulating the flow rate of the fluid through the microfluidic channel.”. However, Wells teaches a wick supported for partial immersion in a body of oil in addition to “and wherein the at least one wetting, wicking or hydrophilic structure comprises a buoyant wicking strand positioned such that its degree of immersion in the evaporation reservoir varies with fluid level” (Fig. 4 and Col. 1 lines 50- Col. 2 lines 3, the device of the present invention comprises a disklike buoyant base 13 made of cork or any other suitable material and provided therein with a central opening 1 4. This base is adapted to have mounted thereon a wick-support generally indicated by the numeral 15 in which the wick or taper 16 is adapted to be inserted for partial immersion in the body of oil 12). Therefore, as the oil level lowers the buoyant wick lowers. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Holman to incorporate the teachings of Wells where the wicking structure has a buoyant wicking strand. Doing so would allows the wick to float and not be fully emersed in a fluid. The recitation “thereby regulating the flow rate of the fluid through the microfluidic channel.” is capability of the buoyant wick. Modified Holman discloses the positively claimed structural elements of the buoyant wicking strand as claimed, such buoyant wicking strand is said to be fully capable of the recited adaptation. Regarding Claim 8, Holman teaches all of claim 1 in addition to teaching “wherein the fluid is a Newtonian fluid” (Para [0012] and [0062]. the aqueous layer can contain a fluid that flows from the at least one inlet to said at least one outlet. For example, the fluid can comprise water”). Regarding Claim 10, Holman teaches all of claim 1 in addition to teaching “wherein the fluid reservoir is part of the microfluidic device.” (Para [0108], a nano-microfluidic device can include fluid reservoir.). Regarding Claim 11, Holman teaches all of claim 1 in addition to teaching “wherein the evaporation reservoir is part of the microfluidic device.” (Paras [0012] and [0014], a nano-microfluidic system can include outlet, and the outlet can be fluidly couples to an outlet reservoir). Regarding Claim 12, Holman teaches all of claim 1 in addition to teaching “wherein the wetting, wicking or hydrophilic structure is positioned at least partly within the evaporation reservoir such that one end of the structure is in contact with the fluid at the outlet of the microfluidic channel.” (Paras [0125], [0127], and [0097], the outlet and outlet reservoir can comprise a porous material unsaturated with fluid. Fluid is drawn from the aqueous layer by wicking from the outlet. The porous material of the outlet reservoir can be warmed which causes evaporation of fluid.). Therefore, outlet (of the channel and the outlet reservoir (evaporation reservoir) both comprising a porous material which draws fluid from the aqueous layer teaches to the wicking structure being at least partly within the evaporation reservoir and having it contact the fluid at the outlet. Regarding Claim 14, Holman teaches all of claim 1 in addition to teaching “wherein the microfluidic device is optically transparent.” (Para [0038], The substrate can comprise an IR-transparent material or an IR- opaque material.) Regarding Claim 15, Holman teaches all of claim 1 in addition to teaching “wherein the microfluidic device comprises more than one microfluidic channel.” (Para [0045] and [0051],the apparatus comprises a cell-sustaining platform having a channel or multiple channels. The substrate can have at least 100 channels.). Regarding Claim 16, Holman teaches all of claim 15 in addition to teaching “wherein each microfluidic channel is driven by separate wetting, wicking or hydrophilic structures” (Para [0012] [0045] and [0093], substrate with at least one channel and aqueous layer in fluid contact with substrate with an inlet and outlet in fluid communication with the aqueous layer. The apparatus comprises a cell-sustaining platform having a channel or multiple channels. The porous material can comprise any material suitable for wicking fluid to the aqueous layer.). Therefore, each channel would correspond to a wicking structure and duplicating the channels would also include duplicating the wicking structures. Regarding Claim 20, Holman teaches “A method for providing fluid flow to one or more microfluidic devices,” (Abstract. Paras [0125], [0127] and Claim 1, Nano-microfluidic devices and uses, systems and methods. The term comprising which is synonymous with including, containing, or characterized by as used within Holman does not exclude unrecited elements or method steps. A nano-microfluidic system comprising a fluid that flows from said at least one inlet to said at least one outlet. (Para [0125], The above description discloses subject matter including several embodiments for apparatus, systems and method. This subject matter is susceptible to modification in the methods and materials, as well as alterations in the fabrication methods and equipment.); “the method comprising the steps of: providing an apparatus; comprising: a fluid reservoir” (Paras [0108] and [0110], a well is in fluid communication with a fluid reservoir through a channel. The fluid reservoir can comprise a porous material saturated with fluid. Further taught “configured for holding a volume of fluid to be transported through a microfluidic channel and also configured for fluid connection to an inlet of said microfluidic channel;” (Paras [0012], [0108] and [0110] the fluid reservoir comprises a fluid and in fluid communication with a channel. At least one inlet and outlet in fluid communication with the aqueous layer within the channel). Therefore, the fluid reservoir is in fluid communication with the inlet of the channel. Further taught “and an evaporation reservoir” (Para [0097], the outlet and outlet reservoir can comprise a porous material unsaturated with fluid. Fluid is drawn from the aqueous layer by wicking from the outlet. The porous material of the outlet reservoir can be warmed which causes evaporation of fluid.). Therefore, the outlet reservoir is the evaporation reservoir. Further taught “configured for fluid connection to an outlet of said microfluidic channel,” (Para [0093], the outlet can comprise the edge of a porous material, and the outlet reservoir can comprise the porous material unsaturated with fluid.) which teaches to the outlet and the outlet reservoir being in communication with each other. Also taught “the evaporation reservoir comprising at least one wetting, wicking, or hydrophilic structure positioned at least partly within the reservoir,” (Para [0093], outlet reservoir can comprise the porous material unsaturated with fluid.). The recitation “the wetting, wicking, or hydrophilic structure capable of absorbing or conducting the fluid present in the microfluidic channel via wicking action or capillary force and maintaining a substantially constant volume of the fluid in the evaporation reservoir;” is a capability of the device. Holman discloses the positively claimed structural elements of the device as claimed, such device is said to be fully capable of the recited adaptation in as much as recited and required herein. In addition, Holman teaches (Paras [0097] and [0015], Fluid can be removed from the aqueous layer by a variety of means. In more embodiments, the outlet and outlet reservoir can comprise a porous material unsaturated with fluid. In such embodiments, fluid is drawn from the aqueous layer by wicking from the outlet. In addition, flow-induced wicking at the flow-channel exit which can be enhanced by an additional evaporation at the exit.) “adding the fluid to the fluid reservoir;” (Paras [0125], [0127], [0108] and [0110], The fluid reservoir can comprise a porous material saturated with fluid.); “and maintaining the apparatus under conditions that result in evaporation of the fluid at the outlet and wherein evaporation of the fluid at the outlet results in the fluid being drawn from the fluid reservoir through the microfluidic channel to thereby create a flow of the fluid in the microfluidic channel.” (Paras [0015], [0125], [0127], and [0097], the outlet and outlet reservoir can comprise a porous material unsaturated with fluid. Fluid is drawn from the aqueous layer by wicking from the outlet. The porous material of the outlet reservoir can be warmed which causes evaporation of fluid. Fluid can be removed from the aqueous layer by a variety of means. In addition, flow-induced wicking at the flow-channel exit which can be enhanced by an additional evaporation at the exit.). The fluid being drawn from the aqueous layer creates a flow of the fluid within the channel. Holman teaches a wicking cloth to absorb fluid within (Para [0117], The outlet deep channel provided an exit for liquid flowing from the flow-channels. A wicking cloth was placed over the outlet deep channel to absorb fluid flowing from the flow-channels) but does not teach “and wherein the at least one wetting, wicking or hydrophilic structure comprises a buoyant wicking strand positioned such that its degree of immersion in the evaporation reservoir varies with fluid level, thereby regulating the flow rate of the fluid through the microfluidic channel.”. However, Wells teaches a wick supported for partial immersion in a body of oil in addition to “and wherein the at least one wetting, wicking or hydrophilic structure comprises a buoyant wicking strand positioned such that its degree of immersion in the evaporation reservoir varies with fluid level” (Fig. 4 and Col. 1 lines 50- Col. 2 lines 3, the device of the present invention comprises a disklike buoyant base 13 made of cork or any other suitable material and provided therein with a central opening 14. This base is adapted to have mounted thereon a wick-support generally indicated by the numeral 15 in which the wick or taper 16 is adapted to be inserted for partial immersion in the body of oil 12). Therefore, as the oil level lowers the buoyant wick lowers. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Holman to incorporate the teachings of wells where the wicking structure has a buoyant wicking strand. Doing so would allow the wick to float and not be fully emersed in a fluid. The recitation “thereby regulating the flow rate of the fluid through the microfluidic channel.” is a capability of the buoyant wick. Modified Holman discloses the positively claimed structural elements of the buoyant wicking strand as claimed, such buoyant wicking strand is said to be fully capable of the recited adaptation. Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Holman et. al. (US 20110223654), hereinafter Holman. Holman teaches all of claim 1. However, Holman might not distinctly teach the plurality of the apparatus (duplication) within claim 1. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to duplicate the apparatus. It has been held that a mere duplication of working parts of a device involves only routine skill in the art, MPEP 2144.04 (VI)(B). One would have been motivated to duplicate the apparatus for the purposes of controlling the flow of more than one fluid at a time. Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Holman et. al. (US 20110223654) in view of Wells as applied to claim 1 above, and further in view of Kaiser et. al. (MY128763), hereinafter Holman, Wells, and Kaiser. Regarding Claim 2, Holman teaches all of claim 1 in addition to teaching the wicking material can comprise any material suitable for wicking fluid (Para [0093], [0117] The porous material can comprise any material suitable for wicking fluid to the aqueous layer. A wicking cloth was placed over the outlet deep channel to absorb fluid flowing from the flow-channels.). However, Holman does not explicitly teach “wherein the wetting, wicking, or hydrophilic structure comprises a plurality of wicking strands.” Kaiser teaches a wicking strand for conducting water by capillary action between a polymer electrolyte membrane and a location apart. Kaiser also teaches “wherein the wetting, wicking, or hydrophilic structure comprises a plurality of wicking strands.” (Claim 5, the strand is comprised of a plurality of strands; and said strands form a repetitive pattern on the membrane.) It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Holman to incorporate the teachings of Kaiser wherein the wetting, wicking, or hydrophilic structure comprises a plurality of wicking strands. Doing so would allow continuous wicking. If one of the plurality of stands were to be blocked a different strand would still be able to wick the fluid. Regarding Claim 3, Holman teaches all of claim 1 in addition to teaching the wicking material can comprise any material suitable for wicking fluid (Para [0093], [0117] The porous material can comprise any material suitable for wicking fluid to the aqueous layer. A wicking cloth was placed over the outlet deep channel to absorb fluid flowing from the flow-channels.). However, Holman does not explicitly teach “wherein each wicking strand is composed of a single strand of a wicking material. Kaiser teaches “wherein each wicking strand is composed of a single strand of a wicking material.” (Claim 21, the wicking strand is comprised of a single strand of wicking material). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Holman to incorporate the teachings of Kaiser wherein the wherein each wicking strand is composed of a single strand of a wicking material. Doing so would allow the fluid to be wicked in an even manner. Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Holman in view of Wells and Kaiser as applied to claim 3 above, and further in view of Russell et. al. (WO 2013167746 A2), hereinafter Holman, Wells, Kaiser, and Russell. Regarding Claim 4, modified Holman teaches all of claim 3 in addition to teaching the wicking material can comprise any material suitable for wicking fluid (Para [0093], [0117] The porous material can comprise any material suitable for wicking fluid to the aqueous layer. A wicking cloth was placed over the outlet deep channel to absorb fluid flowing from the flow-channels.). However, modified Holman does not explicitly teach “wherein each wicking strand comprises a hydrophilic polymer material. Russell teaches a delivery device for intermittently delivering materials such as liquids or gels in addition to “wherein each wicking strand comprises a hydrophilic polymer material” (Paras [0032], [0035], wicking layer is a nonwoven fabric. One preferred material is a 65 % Viscose rayon/ 35 % Polyester.) Therefore, the rayon within the material is hydrophilic polymer material. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Holman in view of Kaiser to incorporate the teachings of Russell wherein each wicking strand comprises a hydrophilic polymer material. Doing so would add a strand that loves water and readily absorbs aqueous liquids. Regarding Claim 5, Holman in view of Kaiser as modified by Russell teach all of claim 4. However, modified Holman does not explicitly teach “wherein each wicking strand comprises 70% Rayon and 30% polyester.” Russell teaches “wherein each wicking strand comprises 70% Rayon and 30% polyester.” (Paras [0032], [0035], wicking layer is a nonwoven fabric. One preferred material is a 65 % Viscose rayon/ 35 % Polyester.). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to determine, through routine experimentation, an optimum composition of hydrophilic fibers to provide the desired absorbance. Having a mix of materials will allow for the more even wicking from the channel and allow for it to happen at a more regulated pace. The claimed values and the prior art values are close enough that one skilled in the art would have expected them to have the same properties, per MPEP 2144.05 (I), such as hydrophilicity. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Holman in view of Wells, Kaiser, and Russell as applied to claim 5 above, and further in view of Viovy et. al. (US 20180200714), hereinafter Holman, Wells, Kaiser, Russell, and Viovy. Regarding Claim 6, Holman in view of Kaiser and Russell teach all of claim 5. However, none of Holman, Kaiser and Russell teach “wherein an end of each wicking strand that is adjacent a bottom of the evaporation reservoir is spaced from the bottom of the reservoir by a predefined distance thereby preventing the microfluidic channel from emptying when the fluid reservoir empties because each wicking strand stops contacting the fluid once the fluid level in the evaporation reservoir drops below a level as determined by the predetermined distance.” Viovy teaches new fluidic components and devices and “wherein an end of each wicking strand that is adjacent a bottom of the evaporation reservoir is spaced from the bottom of the reservoir by a predefined distance thereby preventing the microfluidic channel from emptying when the fluid reservoir empties because each wicking strand stops contacting the fluid once the fluid level in the evaporation reservoir drops below a level as determined by the predetermined distance.” (Paras [0041], [0045], [0110], and [0105], the device comprises at least an actionable fiber or a movable fiber and in contact with the channel. Actionable fiber is a fiber that has at least one part that can be manipulated by external means, said manipulation changing its position or shape within the device. The term fiber also encompasses strands). It would have been obvious to one of ordinary skill in the art before the effective fling date of the claimed invention to modify the modified device of Holman to have the wicking strand ends adjacent the bottom of the evaporation reservoir spaced by a predefined distance which prevents the microfluidic channel from emptying when the fluid reservoir empties because each wicking strand stops contacting the fluid once the fluid level in the evaporation reservoir drops below a level as determined by the predetermined distance because Viovy teaches a device having strands which can be manipulated in position and shape within the device by external means. The external means within the claim limitation is when the fluid reservoir empties and once the fluid level in the evaporation reservoir drops below a set level. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Holman in view of Wells as applied to claim 1 above, and further in view of Clemmens et. al. (US 20090291507 A1), hereinafter Clemmens. Regarding Claim 9, Holman teaches all of claim 1 but does not teach “wherein the microfluidic channel is serpentine in plan view”. Clemmens teaches to fluidics which detect and measure analytes in liquid samples. Clemmens further teaches “wherein the microfluidic channel is serpentine in plan view” (Para [0150], [0133], [0176], reaction chamber used for mixing sample and reagent can comprise channels. Channels are most preferably serpentine.). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Holman to incorporate the teachings of Clemmens wherein the microfluidic channel is serpentine in plan view. Doing so would allow for a longer path length of each channel maximizing the area for each channel for a microfluidic device. Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Holmanin view of Wells as applied to claim 1 above, and further in view of Arndt (US 20100282766 A1). Regarding Claim 13, Holman teaches all of claim 1 but does not teach “further comprising a dead volume reservoir positioned between the microfluidic channel and the evaporation reservoir.”. Arndt teaches to employing an apparatus having an embodiment in which reduces the dead volume of microfluidic circuit. Arndt further teaches “further comprising a dead volume reservoir positioned between the microfluidic channel and the evaporation reservoir” (Para [0004] providing a variable-volume fluid chamber, having working volume and a dead volume, located between the reservoir and the outlet for performing a function and in fluidic communication with the microfluidic flowpath.). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Holman to incorporate the teachings of Arndt wherein the apparatus further includes a dead volume reservoir positioned between the microfluidic channel and the evaporation reservoir Doing so would allow the excess volume to be removed prior to the evaporation reservoir allowing for the apparatus to provide fluid flow at a faster rate and reduce the fill time of the channel. Allowable Subject Matter Claim 7 is 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 cited prior art of record, whether alone or in combination, fails to teach or fairly suggest, in the context of claims 1-5 and 7, wherein each wicking strand is able to move longitudinally in the evaporation reservoir and is at least partially buoyant in the fluid such that when the fluid is present in the evaporation reservoir an end of each wicking strand is spaced from the outlet of the microfluidic channel, and the fluid is able to flow out of the microfluidic channel but when the fluid level in the evaporation reservoir drops each wicking strand drops and can reach a point where each wicking strand at least partially blocks the outlet of the microfluidic channel. The prior art discloses a buoyant wicking strand in a vertical position. However, the wicking strand as taught in the combination of claims 1-5 and 7 is not taught in the prior art. Response to Amendments Claim Amendments Applicants’ amendments to claims 1 and 20 have overcome the previous 112(b) rejections and objection applied in the previous Office action mailed 5/6/2026. Response to Arguments Applicant’s arguments with respect to claim(s) 1 and 20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to VELVET E HERON whose telephone number is (571)272-1557. The examiner can normally be reached M-F. 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, Charles Capozzi can be reached on (571) 270-3638. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /V.E.H./Examiner, Art Unit 1798 /CHARLES CAPOZZI/Supervisory Patent Examiner, Art Unit 1798
Read full office action

Prosecution Timeline

May 03, 2022
Application Filed
Apr 09, 2025
Non-Final Rejection mailed — §103
Oct 08, 2025
Response Filed
Dec 09, 2025
Final Rejection mailed — §103
May 06, 2026
Request for Continued Examination
May 07, 2026
Response after Non-Final Action
Sep 25, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
47%
Grant Probability
99%
With Interview (+52.6%)
3y 9m (~0m remaining)
Median Time to Grant
High
PTA Risk
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