Detailed Action
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/09/2026 has been entered.
Response to Arguments
Applicant's arguments filed 01/09/2026 have been fully considered but they are not persuasive.
Response to Arguments on 103 rejections
Pages 7-8, applicant explain the instant application’s presumed novelty in comparison to the specific embodiment of the prior art of Kahl.
First, the examiner is relying on embodiment directed to Fig.5 while Fig.3 was mentioned to show details which cannot be seen easily on Fig. 5 but believed they (connection passage details between 3a,b,c and 4a,b,c), exist in the same way.
Now, the Fig. 5, which the cross sectional of one of set (3a and 4a) being Fig .4, shows claimed wedge, sidewall of the sample chamber that extends at an obtuse angle w.r.t. a bottom of the sample chamber.
Further, the examiner is not relying on the Fig.6 or Meyer for the claimed wedge.
Therefore, the rejection deemed proper and thus maintained.
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 -15 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 pre-AIA the applicant regards as the invention.
As to claim 1 and 11, claim recites the limitation “the opening" in line 18 and line 20 respectively. There is insufficient antecedent basis for this limitation in the claim.
Dependent claims 2-10 and 12-15 are also rejected since they inherit the indefiniteness of the claims from which they depend.
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.
Claims 1-2, 7-11, 15-17, 20 are rejected under 35 U.S.C. 103 as being unpatentable over US20050019231 (Kahl) in light of US 20180188286 A1 (Meyer).
As to Claim 1, Kahl teaches a system for mounting samples for microscopy and for imaging the samples [0001], the system comprising: a device (Fig. 5) including:
at least two basins (3a, 3a’) for holding a liquid medium ([0014] and [0045] teaches two reservoirs, [0011] and [0045] teaches for holding liquids), the at least two basins including a sample chamber and a reservoir ([0017] and [0045] teaches one reservoir contains sample, therefore this is interpreted as sample chamber); and
a wedge between the sample chamber and the reservoir wherein the wedge defines a sidewall of the sample chamber that extends at an obtuse angle with respect to a bottom of the sample chamber (FIG. 4 which is cross section of FIG.5, the wedge of 3 is funnel like manner as described in [0045] and the funnel like side wall exactly satisfies the sample chamber that extends at an obtuse angle with respect to a bottom of the sample chamber and a bottom surface of the wedge)
and a bottom surface of the wedge defines a space between the wedge and a bottom of the sample chamber (Fig. 5 shows reservoir 3 with protruding wedge, and flow channel 4a connects the 3a and 3a’ which indicates there being a space between bottom of the 3a and the funnel wedge should have a space to be connected to the channel in the same manner shown in the Fig. 3),
wherein the space is sized for wedging one or more biological samples ([0014] teaches height of channel as 0.01-5mm, therefore biological samples above a given size would be lodged in the space similar configuration as shown in the Fig. 3, which shows one reservoir connected to the channel at the bottom) between the bottom surface of the wedge and the bottom of the sample chamber so that the sample can remain in the sample chamber and be imaged in the sample chamber (a large enough sample would remain in the sample chamber); and
wherein the device is formed to define a flow channel between the sample chamber and the reservoir (4a in Fig. 5, [0017]), and wherein the flow channel is shaped to allow the passage of the liquid medium from the sample chamber through the opening and to the reservoir and the reservoir and to block passage of the one or more biological samples between the sample chamber and the reservoir ([0017] teaches passage of liquids between reservoirs, it is inherent that a biological sample of a certain size corresponding to the height of the channel would be prevented from traveling to the other reservoir as it would get lodged in the channel, [0014] teaches height of channel as 0.01-5mm).
Kahl is silent to: a microscope for imaging the space between the wedge and the bottom of the sample chamber.
However, Kahl teaches that the chamber can be fixed on a sample table of any microscope [0040] and that the foil (5, Fig. 2), which is on the bottom of the chamber, is made thin and of highly transparent material for high-resolution microscopy [0043].
Meyer teaches a sample vessel retention mechanism for an inverted microscope [0008] (Fig. 5A, shows objective 22 of inverted microscope imaging from the bottom of the sample vessel).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the prior art of Kahl to include the inverted microscope of Meyer in order to be able to image the sample through the bottom of the chamber, it would have further been obvious to position the microscope to image between the wedge and the bottom of the sample chamber in order to be able to image the larger particles which would be wedged before the flow channel.
As to Claim 16, the claim calls for the method that corresponds to the system of claim 1. Since the combination of Kahl and Meyer as discussed above meets the system of claim 1, the method practiced as recited for claim 16 is also met.
As to Claim 2, the combination teaches the system of claim 1.
Kahl teaches: wherein the wedge is shaped to include a protruding vertex that protrudes into the sample chamber and defines the space between the protruding vertex and the bottom of the sample chamber (Fig. 4, 6).
As to Claim 7, the combination teaches the system of claim 1.
Kahl teaches wherein an optically transparent cover slip for a microscopy system forms the bottom of the sample chamber and the bottom of the device (Kahl teaches a cover in the form of a foil applied to the base plate of the flow chamber to close the channel [0016]. Kahl further teaches that it is highly transparent and thin to be accessible to high-resolution microscopy [0042-43]. Kahl teaches that the foil may be clamped in or on a frame [0030] and is made of plastic material [0043], therefore the foil cover is being interpreted as a cover slip for microscopy).
As to Claim 8, the combination teaches the system of claim 1.
Kahl teaches: wherein the device is formed of plastic or glass ([0020] teaches plastic).
As to Claim 9, the combination teaches the system of claim 1.
Kahl teaches: wherein a front of the sample chamber is made with high grade optical polymer and is configured to be optically neutral to allow illuminating light to pass ([0020] teaches the flow chamber consisting of optically high-class plastic material).
As to Claim 10, the combination teaches the system of claim 1.
Kahl teaches: wherein the flow channel has a height between the bottom of the sample chamber and the wedge of between 0.1 - 50 um ([0014] teaches channel as having heigh of 0.01-5mm).
As to Claim 11, the combination teaches the system of claim 1.
Kahl is silent to: an inverted microscope;
an illumination system configured for illuminating the sample on the inverted microscope; and
a device for mounting the sample on the inverted microscope, the device comprising.
However, Kahl teaches that the chamber can be fixed on a sample table of any microscope [0040] and that the foil (5, Fig. 2), which is on the bottom of the chamber, is made thin and of highly transparent material for high-resolution microscopy [0043].
Meyer teaches a sample vessel retention mechanism for an inverted microscope [0008] (Fig. 5A, shows objective 22 of inverted microscope imaging from the bottom of the sample vessel) with an illumination system ([0025] teaches light, Fig. 1) configured for illuminating the sample on the inverted microscope (Fig. 1, 26); and
.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the prior art of Kahl to include the inverted microscope of Meyer with an illumination system in order to be able to successfully image the sample through the bottom of the chamber.
As to Claim 17, the combination teaches the method of claim 16.
Kahl teaches: comprising illuminating the sample using an illumination system ([0001-0002] teaches light-optical microscopy).
As to Claim 5, 15, 20, the combination teaches the system of claim 1, the system of claim 11 and the method of claim 16.
Kahl teaches: comprising a hydrophilic or hydrophobic coating in the flow channel or the sample chamber configured to modify a flow rate of the liquid medium between the sample chamber and the reservoir ([0024] teaches hydro[phobic/philic] surfaces of the channel to utilize wetting phenomena for the liquid transport).
Claims 3-4, 13-14, 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over 2005/0019231 (Kahl) and US 20180188286 A1 (Meyer) in light of US20020179445A1 (Alajoki).
As to Claims 3, 4, 13, 18, the combination teaches the device of claim 1, system of claim 11, and method of claim 16.
Kahl is silent to: the reservoir comprises one or more wicking materials configured to modify a flow rate of the liquid medium between the sample chamber and the reservoir.
Alajoki teaches a microfluidic device and modification of flow rates within the device.
Alajoki teaches modulating the flow rate in a microfluidic system by using absorbent or wicking materials [0009-11].
As to Claims 4, 14, 19, the combination teaches the device of claim 1, the system of claim 11, and the method of claim 16.
Kahl is silent to: wherein the device is formed to define one or more ribs or capillaries in the flow channel configured to modify a flow rate of the liquid medium between the sample chamber and the reservoir.
Alajoki teaches that a method for modulating the flow rate of a liquid medium can be achieved with a network of capillaries [0080].
It would have been obvious to one of ordinary skill in the art to incorporate the capillaries and the wicking material of Alajoki in the combination to modify the flow rate of the liquid medium between the sample chamber and the reservoir in order to enable high and accurate screening methods [0007].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNGHEE Y GRAY whose telephone number is (571)270-3211. The examiner can normally be reached T-R, 8:00 am-4:00 pm and F 8 :00 to 2:00 pm.
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, Kara Geisel can be reached on (571) 272-2416. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SUNGHEE Y GRAY/ Primary Examiner, Art Unit 2877