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 .
Status of Claims
Claims 1-3, 5-11 and 67 are currently pending
Claims 12-18 and 20-21 were previously withdrawn from consideration
Claim 4 is currently canceled
Claims 19 and 22-66 were previously canceled
Claim 67 is new
Claims 1 and 8-10 are currently amended
Claims 1-3, 5-11 and 67 are currently rejected
Information Disclosure Statement
The Information Disclosure Statement filed on 04/23/2026 is in compliance with the provisions of 37 CFR 1.97 and has been considered. An initialed copy of the Form 1449 is enclosed herewith.
Claim Rejections - 35 USC § 103
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 1-3, 5-11 and 67 are rejected under 35 U.S.C. 103 as being unpatentable over Toner et al. (U.S. 2013/0011210 A1) (hereinafter “Toner”).
Regarding Claim 1:
Toner teaches a system (see FIGS. 1A, 1B, 14 and 15B) (see paragraphs 7, 9, 16, 18, 20, 25-26, 28, 123, 126-128, 130, 133-134 and 138) comprising:
a hydrodynamic separation element (see FIGS. 1A and 1B, a system 10) (see paragraphs 31, 126 and 138) comprising one or more hydrodynamic separators each defining a curved microfluidic channel in fluid communication (see FIGS. 1A and 1B, one or more microfluidic channels 16) (see paragraphs 7, 16, 18, 123, 126-130, 133-134, 138, 144 and 147-148), each curved microfluidic channel defining:
an inlet configured to receive a first fluid and particles dispersed in the first fluid (see FIGS. 1A and 1B, one or more inlets 12 for introducing a sample 24 having suspended particles 22) (see paragraphs 126-130, 133-134, 138, 144 and 147-148), wherein the particles have a different composition than the first fluid (see paragraphs 7, 16, 18, 123, 126-130, 133-134, 138, 144 and 147-148), and
an outlet comprising a first flow branch and a second flow branch (see FIGS. 1A and 1B, one or more outlets 26) (see paragraphs 10-11, 13, 16 and 22 further describing the outlet can have at least two output branches) (see paragraphs 126-130, 133-134, 138, 144 and 147-148),
wherein at a predetermined flow rate (see paragraphs 9, 16, 21, 22, 126-130, 133-134, 138, 144, 147-148, and 184), each curved microfluidic channel is configured to direct any particles exceeding a corresponding threshold size into the second flow branch and any remaining particles into both the first flow branch and the second flow branch (see paragraphs 9, 16, 21, 22, 126-130, 133-134, 138, 144, 147-148, and 184);
a particle sensor configured to provide signal data representing a signal corresponding to the first fluid and the particles in the first fluid (see paragraphs 16, 20, 25, 28, 126-130, 138, 148, 179, 184 and 192 further describing a particle detector in communication with a controller via signals);
a controller operably coupled to the particle sensor to receive the signal data and operably couplable to a fluid pump in fluid communication with the hydrodynamic separation element (see paragraphs 16, 20, 25, 28, 126-130, 138, 148, 179, 184 and 192 further describing a particle detector in communication with a controller via signals), the controller configured to:
control the fluid pump to direct the first fluid through the hydrodynamic separation element (see paragraphs 16, 20, 25, 28, 126-130, 138, 148, 179, 183-184 and 192),
determine whether a threshold level of particles is present in at least one curved microfluidic channel based on the signal data from the particle sensor (see paragraphs 16, 20, 25, 28, 126-130, 138, 148, 179, 183-184 and 192), and
control a flow rate through the hydrodynamic separation element (see paragraphs 9, 16, 21, 22, 126-130, 133-134, 138, 144, 147-148, 179, 183-184 and 192), in response to determining that the threshold level of particles is present in the at least one curved microfluidic channel (see paragraphs 16, 20, 25, 28, 126-130, 138, 148, 179, 183-184 and 192), to direct the first fluid at the predetermined flow rate through the hydrodynamic separation element to focus the particles exceeding the corresponding threshold size to the second flow branch of the at least one curved microfluidic channel (see FIGS. 1A and 1B, one or more outlets 26) (see paragraphs 10-11, 13, 16 and 22 further describing the outlet can have at least two output branches) (see paragraphs 16, 20, 25, 28, 126-130, 133-134, 138, 144, 147-148, 179, 183-184 and 192); and
a source reservoir in fluid communication with the inlet and the second flow branch, wherein the first fluid and the particles are pumpable from the source reservoir to the hydrodynamic separation element and selectively back to the source reservoir through the second flow branch (see FIGS. 1A, 1B, 14 and 15B) (see paragraphs 7, 9, 16, 18, 20, 25-26, 28, 123, 126-128, 130, 133-134 and 138).
Although Toner describes a particle detector configured to provide signal data representing a signal corresponding to the first fluid and the particles in the first fluid (see paragraphs 16, 20, 25, 28, 126-130, 138, 148, 179, 184 and 192 further describing a particle detector in communication with a controller via signals), one may broadly interpret that Toner does not explicitly teach a particle sensor positioned along the one or more hydrodynamic separators, as recited in amended, independent claim 1.
However, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skilled in the art to modify the hydrodynamic separation system of Toner to reposition the particle sensor/detector along the one or more hydrodynamic separators for optimization purposes and to efficiently and effectively monitor a flow rate and parameters of the particles/fluid accurately (see paragraphs 9, 16, 21, 22, 126-130, 133-134, 138, 144, 147-148, 179, 183-184 and 192).
Regarding Claim 2:
Toner teaches the system according to claim 1, wherein the particle sensor comprises:
a light source configured to direct a light beam in a frequency band along a path through at least one hydrodynamic separator, wherein the frequency band is selected to have a different absorbance by the particles than by the first fluid (see paragraphs 16, 20, 25, 28, 126-130, 138, 148, 179, 184 and 192 further describing a particle detector in communication with a controller via signals);
an aperture element defining a light aperture positioned in the path of the light beam from the light source (see paragraphs 16, 20, 25, 28, 126-130, 138, 148, 179, 184 and 192 further describing a particle detector in communication with a controller via signals); and
a light detector positioned to receive the light beam in a sensing area after passing through the at least one hydrodynamic separator and the light aperture (see paragraphs 16, 20, 25, 28, 126-130, 138, 148, 179, 184 and 192 further describing a particle detector in communication with a controller via signals), the light detector configured to provide the signal data representing an amount of light in the frequency band that remains after passing through the at least one hydrodynamic separator (see paragraphs 16, 20, 25, 28, 126-130, 138, 148, 179, 184 and 192 further describing a particle detector in communication with a controller via signals).
Although Toner teaches a particle detector, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skilled in the art to modify the particle detector/sensor of Toner to include a light source, an aperture element and a light detector, as recited in dependent claim 2, for optimization purposes (see paragraphs 9, 16, 21, 22, 126-130, 133-134, 138, 144, 147-148, 179, 183-184 and 192).
Regarding Claim 3:
Toner teaches the system according to claim 1, wherein the particle sensor comprises a capacitance sensor (see paragraphs 9, 16, 21, 22, 126-130, 133-134, 138, 144, 147-148, 179, 183-184 and 192).
Regarding Claim 5:
Toner teaches the system according to claim 1, wherein the particles comprise a second fluid different than the first fluid (see FIGS. 1A and 1B, one or more inlets 12 for introducing a sample 24 having suspended particles 22) (see paragraphs 126-130, 133-134, 138, 144 and 147-148).
Regarding Claim 6:
Toner teaches the system according to claim 5, wherein the controller is further configured to determine an amount of the second fluid in droplet form per unit volume of the first fluid based on the signal data (see paragraphs 16, 20, 25, 28, 126-130, 138, 148, 179, 184 and 192 further describing a particle detector in communication with a controller via signals).
Regarding Claim 7:
Toner teaches the system according to claim 6, wherein the amount excludes the second fluid dissolved in the first fluid (see paragraphs 16, 20, 25, 28, 126-130, 138, 148, 179, 184 and 192 further describing a particle detector in communication with a controller via signals).
Regarding Claim 8:
Toner teaches the system according to claim 5, wherein the controller is configured to determine a droplet rate or a droplet size of one or more droplets of the second fluid dispersed in the flow of the first fluid based on the signal data (see paragraphs 16, 20, 25, 28, 126-130, 138, 148, 179, 184 and 192 further describing a particle detector in communication with a controller via signals).
Regarding Claim 9:
Toner teaches the system according to claim 8, wherein the controller is configured to determine the droplet rate or the droplet size based on at least one of:
a magnitude of a pulse contained within the signal data (see paragraphs 16, 20, 25, 28, 126-130, 138, 148, 179, 184 and 192 further describing a particle detector in communication with a controller via signals),
a width of a pulse contained within the signal data (see paragraphs 16, 20, 25, 28, 126-130, 138, 148, 179, 184 and 192 further describing a particle detector in communication with a controller via signals),
a first threshold signal level for detecting a minimum size droplet in a sensing area (see paragraphs 16, 20, 25, 28, 126-130, 138, 148, 179, 184 and 192 further describing a particle detector in communication with a controller via signals),
a second threshold signal level for detecting a droplet that fills the sensing area (see paragraphs 16, 20, 25, 28, 126-130, 138, 148, 179, 184 and 192 further describing a particle detector in communication with a controller via signals), and
a threshold signal level crossing rate (see paragraphs 16, 20, 25, 28, 126-130, 138, 148, 179, 184 and 192 further describing a particle detector in communication with a controller via signals).
Regarding Claim 10:
Toner teaches the system according to claim 9, wherein the controller is further configured to determine at least one of:
an amount of second fluid in droplet form per unit volume of first fluid based on the droplet rate and droplet size (see paragraphs 16, 20, 25, 28, 126-130, 138, 148, 179, 184 and 192 further describing a particle detector in communication with a controller via signals);
the droplet size based on the magnitude of a pulse contained within the signal data in response to the signal not crossing the second threshold signal level (see paragraphs 16, 20, 25, 28, 126-130, 138, 148, 179, 184 and 192 further describing a particle detector in communication with a controller via signals);
the droplet size based on the width of a pulse contained within the signal data in response to the signal crossing the second threshold signal level (see paragraphs 16, 20, 25, 28, 126-130, 138, 148, 179, 184 and 192 further describing a particle detector in communication with a controller via signals); and
the droplet size based on the droplet rate (see paragraphs 16, 20, 25, 28, 126-130, 138, 148, 179, 184 and 192 further describing a particle detector in communication with a controller via signals).
Regarding Claim 11:
Toner teaches the system according to claim 5, wherein the first fluid comprises a hydrocarbon fluid and the second fluid comprises water (see FIGS. 1A and 1B, one or more inlets 12 for introducing a sample 24 having suspended particles 22) (see paragraphs 126-130, 133-134, 138, 144 and 147-148).
Regarding Claim 67:
Toner teaches the system according to claim 1, wherein the curved microfluidic channel has a constant radius of curvature (see FIGS. 1A and 1B, one or more microfluidic channels 16) (see paragraphs 7, 16, 18, 123, 126-130, 133-134, 138, 144 and 147-148).
Other References Considered
REZAI et al. (U.S. 2018/0369817 A1) (hereinafter “Rezai”) teaches a system and method of performing separation in curved fluidic channels.
EBRAHIMI WARKIANI et al. (U.S. 2017/0292104 A1) (hereinafter “Ebrahimi”) teaches a microfluidic system and method.
Wagner et al. (U.S. 2015/0276589 A1) (hereinafter “Wagner”) teaches a motion modulation fluidic analyzer system and method.
Lim et al. (U.S. 2013/0130226 A1) (hereinafter “Lim”) teaches a microfluidic system and method.
Papautsky et al. (U.S. 2011/0096327 A1) (hereinafter “Papautsky”) teaches a spiral microfluidic particle separator system and method.
Volkel et al. (U.S. 2014/0367349 A1) (hereinafter “Volkel”) teaches a separation element.
Response to Arguments
Applicant's arguments filed 04/23/2026 have been fully considered but focus on amended claim 1 limitations and new claim 67, which have been addressed above in the updated rejection (see above).
The previous abstract/specification objection has been considered and is now withdrawn.
The previous claim objections have been considered and are now withdrawn as a result of the current claim amendments.
The previous 112(f) claim interpretation/analysis has been considered and is now withdrawn.
The previous 112(b) claim rejections have been considered and are now withdrawn as a result of the current claim amendments.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AKASH K. VARMA whose telephone number is (571)272-9627. The examiner can normally be reached Monday-Friday 9-5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin L. Lebron can be reached at (571)-272-0475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AKASH K VARMA/Primary Examiner, Art Unit 1773
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