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.
Claim Status
Claims 1-16, 19, and 20 are pending.
Claims 17 and 18 are cancelled.
Claims 1, 7, 12, 14, and 20 are amended.
Claim Objections
Claim 7 is objected to because as written it is dependent on rejected claim 1. Appropriate correction is needed.
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 1- 20, 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 1 recites the limitations "a fluid present" in line 9, and “a flow of the fluid in” in line 13. This is not clear. It would appear that the same fluid is intended for all three instances. As such these references should be to –the fluid—for proper antecedent basis.
Claim 20 recites the limitations "a fluid to the fluid” in line 4 and “a flow of the fluid” in line 6. There is insufficient antecedent basis for the limitations in the claim.
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.
Claims 1, 8, 10, 11, 12, 14, 15, 16, and 20 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Holman et. al. (US 20110223654), hereinafter Holman.
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 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 adaption 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 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 adaption 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 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 a 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 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 adaption 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.)
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 a 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 a 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 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 adaption 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 a 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.
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
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) and further in view of Kaiser et. al. (MY128763), hereinafter Holman 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 Kaiser as applied to claim 3 above, and further in view of Russel et. al. (WO 2013167746 A2), hereinafter Holman 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.
Russel 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 Russel 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 Russel teach all of claim 4. However, modified Holman does not explicitly teach “wherein each wicking strand comprises 70% Rayon and 30% polyester.”
Russel 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 a 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 Kaiser and Russel as applied to claim 5 above, and further in view of Viovy et. al. (US 20180200714), hereinafter Holman, Kaiser, Russel, and Viovy.
Regarding Claim 6 Holman in view of Kaiser and Russel teach all of claim 5. However, none of Holman, Kaiser and Russel 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 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 Holman 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.
Response to Amendments
Claim Amendments
Applicants’ amendments and cancelations to the claims have overcome all of the 112 rejections for except for 112 rejections for claims 1 and 20 in the non-final office action.
Response to Arguments
Applicant's arguments filed 10/8/2025 have been fully considered.
Applicant argues Holman does not disclose a microfluidic device as claimed in claim 1. Applicant argues that Holman fails to disclose any working embodiments of a microfluidic device having a wetting, wicking, or hydrophilic structure in the outlet reservoir. Applicant argues that the porous material in the outlet reservoir is just that a mere reference without any clear instructions to the skilled person the make that particular device. Examiner disagrees and maintains the 102 rejection. Within Para [0093} Holman teaches that the outlet reservoir (evaporation reservoir) can comprise a porous material unsaturated with fluid. Further taught is in such embodiments that the fluid is drawn from the aqueous layer which is in the (microfluidic channel) by wicking from the outlet.
Applicant further argues that Holman does not disclose a microfluidic device that maintains a substantially constant volume of the fluid in the evaporation reservoir as recited in claim 1. Examiner agrees that the recitation “substantially constant volume of the fluid in the evaporation reservoir” is not explicitly taught however such recitation is capability of the device and such positively claimed features are taught in which would render the device of Holman capable of having substantially constant volume of the fluid in the evaporation reservoir. Examiner further highlights that if the claim features were not capability the recitation of “substantially” is unclear and not defining in scope.
Applicant argues that Holman fails to teach or disclose an apparatus as claimed in claim 1 and the rejection should be withdrawn. Applicant argues that additional references cited do not overcome the deficiencies of Holman or render the claims obvious. Applicant argues that the rejection for claims 2-6, 9, 13, and 19 should be withdrawn and claims 1-16, 19, and 20 should be reconsidered for allowance. Examiner disagrees and maintains that Holman teaches claimed features within the 102 rejection and the additional recited art overcomes the deficiencies within Holman for the 103 rejections.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/V.E.H./Examiner, Art Unit 1798
/JILL A WARDEN/Supervisory Patent Examiner, Art Unit 1798