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). The certified copy has been filed in parent Application No. EP19209427.4, filed on 11/15/19.
Response to Arguments
Applicant’s arguments, see Remarks, filed 09/02/2025, with respect to the rejection(s) of claim(s) 1-15 under 35 U.S.C. 102(a)(2) and 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 Therefore, the rejection has been withdrawn.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 Tan et al. (US20110120562A1) and Lowe et al. (US20180059105A1).
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., Pg. 7-10 concerning both active and passive fluid flow resistances for gaseous mediums) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections.
Claim Interpretation
One with ordinary skills in the arts could define the term "capillary" in various ways. It could be interpreted as a channel, an individual branch of a channel, or an action/force of cohesion and adhesion. The claim set is evaluated as a capillary action or force by the examiner. Furthermore, the term "gases medium" is broad and can change the fluidic flow resistance formed in channel segments. The term "fluidic flow resistance" can refer to and depend on several factors, including: the nature of the fluid or liquid (not part of the claim), the fluid's viscosity, and the fluid's temperatures. Additionally, a “capillary valve” may transport liquids and/or “gaseous mediums”, thus influencing the experimental (R3). It is clear from the description that it is the flow resistance between the liquid and each part of the channels or the capillary valve that allows for the flow or non-flow of the liquid through the system. In addition, these claims also attempt to define the flow resistance with respect to the non-claimed third entity (the gaseous medium} whose properties are unknown and will influence the flow resistance. Therefore, in claim(s) 1, 3-4, 6-11, and 13-15, the relation between the flow resistances is not clearly defined within the microfluidic system, and are broad/indefinite as claimed.
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.
Claim(s) 1, 3-4, 6-11, and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Tan et al. (US20110120562A1) and Lowe et al. (US20180059105A1).
Regarding Claim 1, Regarding Claim 1, Tan et al. teaches a microfluidic system for pressure-assisted capillary-driven flowing of a liquid (See Claim(s) 3-4, Abstract, and the device 10 in [0027] in Fig. 1-3D), the system comprising:
a first sub-system (See the combination of the channel 12 and the upstream portion 16, i.e. a first sub-system, in [0027] in Fig. 1) comprising a capillary flow channel (See the main channel 12, i.e. a capillary flow channel, in [0027] in Fig. 1), arranged to provide a first flow resistance (R1), arranged to receive the liquid and to flow the liquid along the capillary flow channel (See how the optional fluid 60, the first fluid 20, the second fluid 22, and/or the third fluid 21 travels through the main channel 12, i.e. a capillary flow channel, via inlet 14 and/or inlet 34 in [0040] in Fig. 1),
a second sub-system (See the combination of the downstream portion 18, the reaction area 86, and the waste chamber 88 in [0027],[0072] in Fig. 1) comprising a pressure-assisting flow channel, arranged to provide a second flow resistance (R2), arranged to receive the liquid from the capillary flow channel (See how the second fluid 22 also travels through the main channel 12, i.e. a capillary flow channel, to the downstream portion 18, i.e. a pressure-assisted flow channel, in [0027]-[0028] in Fig.1), and to provide a pressure-assisted flow of the liquid in a direction away from the capillary flow channel (See how a vacuum pulls the fluid 22 toward the outlet in the direction of arrow 52 away from the main channel 12, i.e. a capillary flow channel, to the downstream portion 18, i.e. a pressure-assisted flow channel, in [0035] in Fig. 1), wherein the pressure-assisting flow channel is further arranged to be connected to an under-pressure source (See how the downstream portion 18, i.e. a pressure-assisted flow channel, is connected to a vacuum, i.e. a negative pressure source, via outlet 92 with outlet 15 closed , or to outlet 15 with outlet 92 closed; Also, see how the valve 24, i.e. a capillary valve, controls the movement of fluids and gases in [0027]-[0028], [0035], [0043]-[0046], [0061]-[0069], in Fig. 1), and
a capillary valve (See how the combination of the vent valve 24C and the valving mechanism 31, i.e. a capillary valve, are operatively associated with a tube 33 defining a channel or portion permitting fluid flow in [0031] in Fig. 2E-F), comprising
a capillary portion (See the tube 33, i.e. a capillary portion, in [0031] in Fig. 2E-F), wherein the capillary portion at a first end is connected to an interface between the capillary flow channel and the pressure-assisting flow channel (See how the tube 33, i.e. a capillary portion, at the intervening channel 29, i.e. a first-end, configured to be connected to the port 26C via plate 35, i.e. an interface, and further configured to be between the main channel 12, i.e. a capillary flow channel, and the downstream portion 18, i.e. a pressure-assisted flow channel, in [0031], [0039] in Fig. 1 and Fig. 2E-F), and at a second end connected to a non-capillary portion communicating with gaseous medium (See how the environment 39, i.e. a non-capillary portion, can be an ambient environment (e.g., the tube can be open to air) and a reservoir containing a fluid (e.g., a gas such as compressed air or nitrogen) in [0031] in Fig. 1-2F),
wherein the capillary valve is arranged to provide a third flow resistance (R3) (See the various capillary valve embodiments that can create a third resistance in Fig. 1-2F in [0027]-[0049]), and wherein the capillary valve (13) is arranged to provide a capillary pressure in the capillary portion of the capillary valve being larger that the pressure generated by the under-pressure source (See how capillary pressure is formed via the combination of the vent valve 24C and the valving mechanism 31, i.e. a capillary valve, wherein the capillary pressure of valving mechanism 31, i.e. a capillary valve can be larger than the pressure generated by the outlet 15 or 92 vacuum, i.e. a negative pressure source, in [ , at the interface between the capillary flow channel and the pressure-assisting flow channel [0027]-[0035], [0043]-[0046], [0061]-[0069], in Fig. 1 and 2E-F; Also, see how other vent valves such as 34, 78, 80, 82, 82, 94, and 96 can create varying pressure differences to mix and transport liquids and gases in [0027]-[0035], [0043]-[0046], [0061]-[0069], in Fig. 1 and 2E-F),
wherein the first flow resistance (R1) is in relation to the gaseous medium, the second flow resistance (R2) is in relation to the gaseous medium, and the third flow resistance (R3) is in relation to the gaseous medium (See how the flow resistances function well with heterogeneous fluids (e.g., gas/liquid combinations) and fluids containing bubbles, droplets, and/or particles in [0021], [0027]-[0029], [0031], [0035], [0062], [0082] in Fig. 1-3), and;
wherein the first flow resistance (R1) is larger than the third flow resistance (R3), and the second flow resistance (R2) is larger than the third flow resistance (R3), thereby arranged to allow the liquid to flow predominantly by capillary action in the capillary flow channel until a forefront of the liquid has reached the interface with the pressure-assisting flow channel, and by pressure-assisted capillary action after the forefront of the liquid has reached the interface with the pressure-assisted flow channel (See how ambient air, has a lower resistance to fluid flow than the fluid 20 within the main channel 12, i.e. a capillary flow channel, can be pulled through the combined vent valve 24 and mechanism 31, i.e. a capillary valve, allowing fluid 20 to remain substantially stationary. To add, a second fluid from a portion of the channel upstream of the portion from which the first fluid is flowed, can be transported by actuating a vent valve between the upstream and downstream channel portions such that the vent is closed in [0042]. Thus, the valve has a lower flow resistance than the other channels; Also, see how R1 and R3 are the same in [0052], and how because the channels are micro channels [0099], capillary forces are inherently present in the first and second sub-systems, and the vacuum is also applied to move the fluid in the section after the interface between the first and second sub-systems in [0091]-[0099] in Fig. 1-3 and in Claim 1).
Tan et al. fails to explicitly teach a microfluidic system for pressure-assisted capillary-driven flowing of a liquid comprising: a capillary valve, comprising a capillary portion, wherein the capillary portion at a first end is connected to an interface between the capillary flow channel and the pressure-assisting flow channel, and at a second end connected to a non-capillary portion communicating with gaseous medium, wherein the capillary valve is arranged to provide a third flow resistance (R3), and wherein the capillary valve (13) is arranged to provide a capillary pressure in the capillary portion of the capillary valve being larger that the pressure generated by the under-pressure source, at the interface between the capillary flow channel and the pressure-assisting flow channel.
However, in the analogous art of fluidic assay devices and methods, Lowe et al. teaches a microfluidic system for pressure-assisted capillary-driven flowing of a liquid (See Claim(s) 291-295, the Abstract, and the device 500 in [0504], [0507], [0515], [0566], [0582], [0595], [0657] in Fig. 1-12), comprising a capillary valve (See the interface zone 522, i.e. a capillary valve, that contains the capillary stop 530 in [0481], [0504], [0508]-[0515], [0653] in Fig. 3-4 and 6-7), comprising
a capillary portion (See the overflow channel 524, i.e. a capillary portion in [0483], [0507] in Fig. 6), wherein the capillary portion at a first end is connected to an interface between the capillary flow channel and the pressure-assisting flow channel (See how the chamfer 534 and capillary stop 532 permits controlled movement of buffer through interface zone 522, i.e. an interface, in [0508] and is configured between the reagent zone 512, i.e. a capillary flow channel, and the detection zone 514, i.e. a pressure-assisting flow channel, by capillary forces in [0481], [0504] in Fig. 6-7), and at a second end connected to a non-capillary portion communicating with gaseous medium (See how the vent 527, i.e. a non-capillary portion, in Fig. 1-2 in [0481], [0507], [0652]),
wherein the capillary valve is arranged to provide a third flow resistance(R3), and wherein the capillary valve (13) is arranged to provide a capillary pressure in the capillary portion of the capillary valve being larger that the pressure generated by the under-pressure source, at the interface between the capillary flow channel and the pressure-assisting flow channel (See in [0178], [0194]-[0195], [0203]-[0204], [0210], [0331]-[0344] in Fig. 1-12).
Thus, it would be obvious to one with ordinary skills in the art to modify the system of Tan et al. by incorporating a capillary valve, comprising a capillary portion, wherein the capillary portion at a first end is connected to an interface between the capillary flow channel and the pressure-assisting flow channel, and at a second end connected to a non-capillary portion communicating with gaseous medium, wherein the capillary valve is arranged to provide a third flow resistance, and wherein the capillary valve is arranged to provide a capillary pressure in the capillary portion of the capillary valve being larger that the pressure generated by the under-pressure source, at the interface between the capillary flow channel and the pressure-assisting flow channel (as taught by Lowe et al.) for the benefit of transporting liquids and gas mediums via pressure-assisted capillary forces on a microfluidic device.
Further, note what is discussed in MPEP § 2144 IV. A. concerning changes in the size or portions of a claimed invention, and in MPEP § 2144 VI. concerning the rearrangement of parts of a claimed invention in comparison to the prior art. The current claimed arrangement and portions of the first-subsystem, the second-subsystem, the capillary flow channel, the pressure-assisted flow channel, the capillary valve, the capillary portion, and the multiple flow resistances generated would render similar results as the microfluidic system in the prior art, and thus could be anticipated or would be obvious to one with ordinary skills in the arts.
Regarding Claim 3, The combination of Tan et al. and Lowe et al. teaches the system limitations of claim 1.
Tan et al. further teaches a microfluidic system (See Claim(s) 3-4, Abstract, and the device 10 in [0027] in Fig. 1-3D), wherein the first flow resistance (R1) is above and up to twenty times the third flow resistance (R3), preferably 5 to 10 times (See how ambient air, has a lower resistance to fluid flow than the fluid 20 within the main channel 12, i.e. a capillary flow channel, can be pulled through vent valve 24, i.e. a capillary valve, allowing fluid 20 to remain substantially stationary. To add, a second fluid from a portion of the channel upstream of the portion from which the first fluid is flowed can be transported by actuating a vent valve between the upstream and downstream channel portions such that the vent is closed in [0042] .Thus, the valve has a lower flow resistance than the other channels; Also, see how R1 and R3 are the same in [0052], and how because the channels are micro channels [0099], capillary forces are inherently present in the first and second sub-systems, and the vacuum is also applied to move the fluid in the section after the interface between the first and second sub-systems in [0091]-[0099] in Fig. 1-3).
Regarding Claim 4, The combination of Tan et al. and Lowe et al. teaches the system limitations of claim 1.
Tan et al. further teaches a microfluidic system (See Claim(s) 3-4, Abstract, and the device 10 in [0027] in Fig. 1-3D), wherein the under-pressure source, such as a vacuum source, is arranged to provide a pressure in the pressure-assisting flow channel being lower than the pressure of the gaseous medium communicating with the capillary valve (See how the downstream portion 18, i.e. a pressure-assisted flow channel, is connected to a vacuum, i.e. a negative pressure source, via outlet 92 with outlet 15 closed , or to outlet 15 with outlet 92 closed; Also, see how the valve 24, i.e. a capillary valve, controls the movement of fluids and gases in [0027]-[0028], [0035], [0043]-[0046], [0061]-[0069], in Fig. 1).
Regarding Claim 6, The combination of Tan et al. and Lowe et al. teaches the system limitations of claim 1.
Tan et al. further teaches a microfluidic system (See Claim(s) 3-4, Abstract, and the device 10 in [0027] in Fig. 1-3D),wherein the capillary valve communicates with gaseous medium at ambient pressure, preferably ambient air (See how the vent valve 24, i.e. a capillary valve, is positioned between the downstream and upstream channel portions, and how the vent valve exposes the channel interior to, or seals the channel interior from, an environment external to the channel interior such as, an ambient environment (e.g., air) and a reservoir containing a fluid (e.g., a pressurized or unpressurized gas) ion [0029]-[0031] in Fig. 1-2F).
Regarding Claim 7, The combination of Tan et al. and Lowe et al. teaches the system limitations of claim 1.
Tan et al. further teaches a microfluidic system (See Claim(s) 3-4, Abstract, and the device 10 in [0027] in Fig. 1-3D), wherein the capillary flow channel has a circular cross-section having a diameter in a range of 1- 250 micrometers, or a rectangular cross-section having a height or a width in a range of 1-250 micrometers (See the main channel 12, i.e. a capillary flow channel, and the channel height thickness measurements of 33, 70, or 360 micrometers in [0107] in Fig. 1; Also, see how a channel surface roughness can be added to control fluid transport ranging from 0.1 to 5 micrometers in [0053] in Fig. 1-2F; See the additional cross sectional dimensions of 500 micrometers or less for channels in [0100] and channel shapes/aspect ratios in [0098]),
the pressure-assisting flow channel has a circular cross-section having a diameter in a range of 10-2500 micrometers, or a rectangular cross-section having a width and a height both in a range of 10-2500 micrometers (See the downstream portion 18, i.e. a pressure-assisted flow channel, and the channel diameter of 1500 micrometers in [0107] in Fig.1; Also, see the channel height thickness measurements of 33, 70, or 360 micrometers in [0107] in Fig. 1-2F; See the additional cross sectional dimensions of 2000 micrometers or less for channels in [0100] and channel shapes/aspect ratios in [0098]),
the capillary portion of the capillary valve has a circular cross-section having a diameter in a range of 1-250 micrometers, or a rectangular cross-section having a height or a width in a range of 1-250 micrometers(See the tube 33, i.e. a capillary portion, and the channel height thickness measurements of 33, 70, or 360 micrometers in [0107] in Fig. 1; Also, see how a channel surface roughness can be added to control fluid transport ranging from 0.1 to 5 micrometers in [0053] in Fig. 1; See the relationship between flow rate, channel dimensions, and viscosities of fluids flowing in a channel system. Laminar flow of an incompressible uniform viscous fluid (e.g., Newtonian fluid) in a tube driven by pressure can be described by Poiseuille's Law in [0050]-[0053] in Fig. 1-2F; See the additional cross sectional dimensions of 500 micrometers or less for channels in [0100] and channel shapes/aspect ratios in [0098]).
Regarding Claim 8, The combination of Tan et al. and Lowe et al. teaches the system limitations of claim 1.
Tan et al. further teaches a microfluidic system (See Claim(s) 3-4, Abstract, and the device 10 in [0027] in Fig. 1-3D), wherein the capillary flow channel, the pressure-assisting flow channel and the capillary portion of the capillary valve, respectively, have walls produced from a material selected from silicon, glass, polymers, ceramics, and metals, or combinations thereof (See how the main channel 12, i.e. a capillary flow channel, the downstream portion 18, i.e. a pressure-assisted flow channel, and the tube 33, i.e. a capillary portion, can be produced using polymers (e.g., polyethylene, polystyrene, polycarbonate, poly(dimethyl siloxane), PMMA, PFFE, a cyclo-olefin copolymer (COC), and cyclo-olefin polymer (COP)), glass, quartz, and silicon in [0089], [0096]-[0097], [0107], [0104], in Fig. 1-2F).
Regarding Claim 9, The combination of Tan et al. and Lowe et al. teaches the system limitations of claim 1.
Tan et al. further teaches a microfluidic system (See Claim(s) 3-4, Abstract, and the device 10 in [0027] in Fig. 1-3D), wherein the first and the second sub-systems are provided on one or more microfluidic chips (See how the combination of the channel 12 and the upstream portion 16, i.e. a first sub-system, and the combination of the downstream portion 18, the reaction area 86, and the waste chamber 88 can be provided on one or more chips in [0003] in Fig. 1-3) .
Regarding Claim 10, The combination of Tan et al. and Lowe et al. teaches the system limitations of claim 1.
Tan et al. further teaches a microfluidic system (See Claim(s) 3-4, Abstract, and the device 10 in [0027] in Fig. 1-3D), wherein the capillary portion of the valve connects to the interface perpendicularly to a common longitudinal central axis of the capillary flow channel and the pressure-assisting flow channel (See how the tube 33, i.e. a capillary portion, of the valve 26C connects perpendicularly to the main channel 12, i.e. a capillary flow channel, and the downstream portion 18, i.e. a pressure-assisted flow channel, in [0100], [0034]).
Regarding Claim 11, The combination of Tan et al. and Lowe et al. teach the system limitations of claim 1.
Tan et al. further teaches a microfluidic system (See Claim(s) 3-4, Abstract, and the device 10 in [0027] in Fig. 1-3D), wherein: the first sub-system (See the combination of the channel 12 and the upstream portion 16, i.e. a first sub-system, in [0027] in Fig. 1) comprises two or more capillary flow channels, each arranged to provide a first flow resistance (Rla, Rib), arranged to receive liquid and to flow liquid along the capillary flow channel (See how the optional fluid 60, the first fluid 20, the second fluid 22, and/or the third fluid 21 travels through the main channel 12, i.e. a capillary flow channel, via inlet 14 and/or inlet 34 in [0040] in Fig. 1; Also, see how the combination of channels 36 and/or 38, and branched channels 40, 42, and 44, i.e. a plurality of capillary flow channels, branch from main channel 12 in [0038] in Fig. 1),
the second sub-system (See the combination of the downstream portion 18, the reaction area 86, and the waste chamber 88 in [0027],[0072] in Fig. 1) comprising two or more of pressure-assisting flow channels, each arranged to provide a second flow resistance (R2 a,b), wherein each of the two or more of pressure-assisting flow channels is associated with one of the two or more capillary flow channels (See how the second fluid 22 and the third fluid 21 also travels through the main channel 12, i.e. a capillary flow channel, to the downstream portion 18, i.e. a pressure-assisted flow channel, in [0027]-[0028] in Fig.1; Also, see how the channels 212 and 216, i.e. capillary flow channels, are associated with channels 200 and 215, i.e. pressure-assisted flow channels, in [0069] in Fig. 4D-H; See the additional channels 40, 42, 44, 46, 48, 50, 36 and 38 in [0038] in Fig. 1), respectively and arranged to receive the liquid from the associated capillary flow channel, and to provide a pressure-assisted flow of the liquid in a direction away from the associated capillary flow channels (See arrow 52 in Fig. 1),
wherein two or more of the pressure-assisting flow channels (109 a,b), further are arranged to be connected to one under- pressure source (See how the downstream portion 18, i.e. a pressure-assisted flow channel, is connected to a vacuum, i.e. a negative pressure source, via outlet 92 with outlet 15 closed , or to outlet 15 with outlet 92 closed; Also, see how the valve 24, i.e. a capillary valve, controls the movement of fluids and gases in [0027]-[0028], [0035], [0043]-[0046], [0061]-[0069], in Fig. 1; Also, see how other vent valves such as 34, 78, 80, 82, 82, 94, and 96 can create varying pressure differences to mix and transport liquids and gases in [0027]-[0035], [0043]-[0046], [0061]-[0069], in Fig. 1 and 2E-F), and
wherein the system comprises two or more capillary valves (See how the vent valve 24C, i.e. a capillary valve, includes a valving mechanism 31 operatively associated with a tube 33 defining a channel (e.g., a microfluidic channel) permitting fluid flow in [0031] in Fig. 2E-F; Also, see valves 78, 80, 82, 84, and 34, i.e. a plurality of valves, in Fig. 1), each connected to one of the one or more capillary flow channels (See Fig. 1), and a capillary portion (See the tube 33, i.e. a capillary portion, in [0031] in Fig. 2E-F), respectively, wherein each of the capillary portions at a first end is connected to an interface between the connected capillary flow channel and the associated pressure-assisting flow channel (See how the tube 33, i.e. a capillary portion, at the intervening channel 29, i.e. a first-end, configured to be connected to the port 26C via plate 35, i.e. an interface, and further configured to be between the main channel 12, i.e. a capillary flow channel, and the downstream portion 18, i.e. a pressure-assisted flow channel, in [0031], [0039] in Fig. 1 and Fig. 2E-F), and at a second end connected to a non-capillary portion communicating with gaseous medium (See how the environment 39, i.e. a non-capillary portion, can be an ambient environment (e.g., the tube can be open to air) and a reservoir containing a fluid (e.g., a gas such as compressed air or nitrogen) in [0031] in Fig. 1-2F), wherein the capillary valve is arranged to provide a third flow resistance (R3) (See the various capillary valve embodiments that can create a third resistance in Fig. 1-2F in [0027]-[0049]), wherein each of the two or more capillary valves is arranged to provide a third flow resistance (R3 a,b) (See the various capillary valve embodiments that can create a third resistance in Fig. 1-2F in [0027]-[0049]);
wherein the two or more capillary valves (113 ab) each are arranged to provide a capillary pressure in the capillary portion (115 ab) of the respective capillary valve (113 ab) being larger that the pressure generated by the under-pressure source, at the interface (119 ab) between the connected capillary flow channel (105 ab) and the associated pressure-assisting flow channel (109 ab) (See how capillary pressure is formed via the combination of the vent valve 24C and the valving mechanism 31, i.e. a capillary valve, wherein the capillary pressure of valving mechanism 31, i.e. a capillary valve, can be larger than the pressure generated by the outlet 15 or 92 vacuum, i.e. a negative pressure source, in [0042], at the interface between the capillary flow channel and the pressure-assisting flow channel [0027]-[0035], [0043]-[0046], [0061]-[0069], in Fig. 1 and 2E-F; Also, see how other vent valves such as 34, 78, 80, 82, 82, 94, and 96 can create varying pressure differences to mix and transport liquids and gases in [0027]-[0035], [0043]-[0046], [0061]-[0069], in Fig. 1 and 2E-F),
wherein the first flow resistance (Rla, Rib) is in relation to the gaseous medium, the second flow resistance (R2 ab) is in relation to the gaseous medium, and the third flow resistance (R3 ab) is in relation to the gaseous medium (See how the flow resistances function well with heterogeneous fluids (e.g., gas/liquid combinations) and fluids containing bubbles, droplets, and/or particles in [0021], [0027]-[0029], [0031], [0035], [0062], [0082] in Fig. 1-3), and
wherein each of the first flow resistances (R1 a,b) of the two or more capillary flow channels is larger than the third flow resistance (R3 a,b) of the connected capillary valve, and each of the second flow resistances (R2 a,b) of the two or more pressure-assisting flow channels is larger than the third flow resistance (R3 a,b) of the connected capillary valve, thereby arranged to allow the liquid to flow predominantly by capillary action in each of the capillary flow channels until a forefront of the liquid has reached the interface with the pressure-assisting flow channel, and by pressure-assisted capillary action after the forefront of the liquid has reached the interface with the pressure-assisted flow channel (See how ambient air, has a lower resistance to fluid flow than the fluid 20 within the main channel 12, i.e. a capillary flow channel, can be pulled through the combined vent valve 24 and mechanism 31, i.e. a capillary valve, allowing fluid 20 to remain substantially stationary. To add, a second fluid from a portion of the channel upstream of the portion from which the first fluid is flowed, can be transported by actuating a vent valve between the upstream and downstream channel portions such that the vent is closed in [0042]. Thus, the valve has a lower flow resistance than the other channels; Also, see how R1 and R3 are the same in [0052], and how because the channels are micro channels [0099], capillary forces are inherently present in the first and second sub-systems, and the vacuum is also applied to move the fluid in the section after the interface between the first and second sub-systems in [0091]-[0099] in Fig. 1-3 and in Claim 1).
Further, note what is discussed in MPEP § 2144 IV. A. concerning changes in the size or portions of a claimed invention and MPEP § 2144 VI. concerning the rearrangement of parts of a claimed invention in comparison to the prior art. The current claimed arrangement and portions of the first-subsystem, the second-subsystem, the capillary flow channel, the pressure-assisted flow channel, the capillary valve, the capillary portion, and the multiple flow resistances generated would render similar results as the microfluidic system in the prior art, and thus could be anticipated or would be obvious to one with ordinary skills in the arts.
Regarding Claim 13, Tan et al. further teaches a microfluidic system (See Claim(s) 3-4, Abstract, and the device 10 in [0027] in Fig. 1-3D), wherein the one under-pressure source, such as a vacuum source, is arranged to provide a pressure in the two or more pressure-assisting flow channels being lower than the pressure of the gaseous medium communicating with the capillary valve (See how the downstream portion 18, i.e. a pressure-assisted flow channel, is connected to a vacuum, i.e. a negative pressure source, via outlet 92 with outlet 15 closed , or to outlet 15 with outlet 92 closed; Also, see how the valve 24, i.e. a capillary valve, controls the movement of fluids and gases in [0027]-[0028], [0035], [0043]-[0046], [0061]-[0069], in Fig. 1; Also, see how the channels 212 and 216, i.e. capillary flow channels, are associated with channels 200 and 215, i.e. pressure-assisted flow channels, in [0069] in Fig. 4D-H; See the additional channels 40, 42, 44, 46, 48, 50, 36 and 38 in [0038] in Fig. 1; See how other vent valves such as 34, 78, 80, 82, 82, 94, and 96 can create varying pressure differences to mix and transport liquids and gases in [0027]-[0035], [0043]-[0046], [0061]-[0069], in Fig. 1 and 2E-F)).
Regarding Claim(s) 14 and 15, The combination of Tan et al. and Lowe et al. teaches the system limitations of claim 1.
Tan et al. further teaches a diagnostic device (See [0024]) and/or a lab-on-a-chip [0003] device comprising a microfluidic system (See Claim(s) 3-4, Abstract, and the device 10 in [0027] in Fig. 1-3D).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Chow (US20080003690A1) a microfluidic method and system (See the Abstract, Claim 1, device 202 in Fig. 2A-C), wherein each of the two or more of pressure-assisting flow channels is associated with one of the two or more capillary flow channels, respectively and arranged to receive the liquid from the associated capillary flow channel, and to provide a pressure-assisted flow of the liquid in a direction away from the associated capillary flow channels, and wherein the system comprises two or more capillary valves, each connected to one of the one or more capillary flow channels (See how the claimed systems optionally include mechanisms such as valve manifolds and a plurality of solenoid valves to control flow switching, e.g., between channels and/or to control pressure/vacuum levels in the, e.g., microchannels. Additionally, molecules, reagents, etc. are optionally loaded into one or more channels of a microfluidic device through one sipper capillary fluidly coupled to each of one or more channels and to a sample or particle source, such as a microwell plate in [0057], [0059], [0081]-[08084] in Fig. 2A-C). Note that Chow is used to show case the use of both active and passive forms of fluid transportation in a system using valves, vents, channels, and vacuums
In addition, Chow further teaches wherein two or more of the pressure-assisting flow channels, preferably all, further are arranged to be connected to one under-pressure source, such as a vacuum source, preferably providing a pressure in the two or more pressure-assisting flow channels being lower than the pressure of the gaseous medium communicating with the capillary valve (See how the claimed systems optionally include mechanisms such as valve manifolds and a plurality of solenoid valves to control flow switching, e.g., between channels and/or to control pressure/vacuum levels in the, e.g., microchannels. Additionally, molecules, reagents, etc. are optionally loaded into one or more channels of a microfluidic device through one sipper capillary fluidly coupled to each of one or more channels and to a sample or particle source, such as a microwell plate in [0057], [0059], [0081]-[08084] in Fig. 2A-C; Also, see the use of gas jets and pressured gases in [0062]-[0064]-[0081], [0083]).
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/BRITNEY N. WASHINGTON/Examiner, Art Unit 1797
/JENNIFER WECKER/Primary Examiner, Art Unit 1797