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 .
Election/Restrictions
Applicant’s election of group I, claims 1-14, in the reply filed on 11/10/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 15-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/10/2025.
Status of Claims
Claims 1-16 remain pending in the application, with claims 1-14 being examined and claims 15-16 being withdrawn pursuant to the election filed 11/10/2025.
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.
Claim(s) 1-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over translated Sando (WO-2009/113487-A1) in view of Larsen (US-2018/0333530-A1).
Regarding claim 1, Sando teaches an inspection chip comprising: a body part (flow passage substrate 101) including a microchannel (liquid feeding channel 107a and 107b); and a liquid introduction part (see annotated Figure 4 below) introducing liquid into the microchannel (107a and 107b) ([0021], Figure 4), wherein
the liquid introduction part (annotated Figure 4 below) includes: a liquid reception part (holding part 303) into which the liquid is injected; and a lid part (see annotated Figure 4 below) capable of sealing the liquid reception part (303) ([0040], [0042], Figure 4),
the liquid reception part (303) includes: a liquid storage part (reservoir part 307) having an opening part in an upper part thereof; and a connection part (openings leading to connection ports 309a and 309b, see annotated Figure 4 below, herein mapped using “ports 309a and 309b”) connecting the liquid storage part (307) and the microchannel (107a and 107b) ([0042] see holding part 303 has a liquid reservoir 307, annotated Figure 4),
the lid part (annotated Figure 4) is attached to the liquid reception part (303), and then the liquid in the liquid storage part (307) is pushed out into the microchannel (107a and 107b) through the connection part (ports 309a and 309b) ([0042], [0044] see where liquid 151 is pipetted onto liquid reservoir 307, the lid 301 is pushed down and the liquid 151 is pushed to connection ports 309a and 309b and flows out to the liquid feed passages 107a and 107b).
The limitations “a liquid reception part into which the liquid is injected; and a lid part capable of sealing the liquid reception part,”, and “then the liquid in the liquid storage part is pushed out into the microchannel through the connection part.” are directed to the function of the apparatus and/or the manner of operating the apparatus, all the structural limitations of the claim has been disclosed by Sando and the apparatus of Sando is capable of having liquid injected, the lid is capable of sealing, and the liquid is capable of being pushed out into the microchannel through the connection part. As such, it is deemed that the claimed apparatus is not differentiated from the apparatus of Sando (see MPEP §2114).
Further, the liquid has not been positively recited and is therefore not a part of the claimed inspection chip.
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While it is seen in annotated Figure 4 supra that there is a lid part, it is unclear if the protrusion 311 hermetically enters the liquid storage part.
In the same problem solving area of pistons, Larsen teaches where a piston assembly comprises a flexible rubber seal and a plastic framework (Larsen; [0073]).
Specifically, Larsen teaches where the piston assembly includes the flexible rubber seal 75 and plastic framework 72, where the framework 72 includes a retainer ring 74 that permits snap fitting engagement of the seal with the framework (Larsen; [0073], Figures 5-6). As best seen in Figure 6, the seal includes a flexible side wall 76 that bears against bore wall 12 (seen in Figures 3 and 4) and a flexible conical face 77 that projects forward (Larsen; [0073]).
It would have been obvious to one skilled in the art to modify the lid of Sando such that the protrusion part 311 has a retainer ring and a flexible rubber seal as taught by Larsen because Larsen teaches that with the addition of the flexible rubber seal, axial forces bearing on the seal are translated by the conical face and sidewall to a lateral outward force on the bore wall, where the resulting effect increases sealing pressure and the production of a stronger seal between piston assembly and the bore wall (Larsen; [0073]).
The flexible rubber seal will be the protrusion part that will fit into the opening of the reservoir part 307 of Sando and will be housed in the reservoir part when sealed, and will hermetically enter the reservoir part 307.
The limitation “the lid part includes a protrusion part that protrudes so as to be fitted in the opening part and be housed in the liquid storage part when the liquid reception part is sealed” is directed to the function of the apparatus and/or the manner of operating the apparatus, all the structural limitations of the claim has been disclosed by modified Sando and the apparatus of modified Sando is capable of protruding so as to be fitted in the opening part and be housed when the liquid reception part is sealed. As such, it is deemed that the claimed apparatus is not differentiated from the apparatus of modified Sando (see MPEP §2114).
Regarding claim 2, modified Sando teaches the inspection chip according to claim 1. Sando further teaches wherein
the liquid storage part (307) has an inclined bottom part (Sando; see Figure 4), and
the connection part (ports 309a and 309b) connects a lowermost part of the bottom part and the microchannel (107a and 107b) (Sando; the ports 309a and 309b will connect the bottom point of the reservoir part 307 with the flow paths 107a and 107b).
Regarding claim 3, modified Sando teaches the inspection chip according to claim 1. Sando has been modified such that there is a flexible rubber seal on the protrusion part 311 of lid 301, where the flexible rubber seal is the protrusion part that will have a shape such that at least a part of the flexible rubber seal comes into contact with an inner surface of the reservoir part 307 when the liquid reception part is sealed.
Regarding claim 4, modified Sando teaches the inspection chip according to claim 1. Sando has been modified with Larsen such that there is a flexible rubber seal on the protrusion part 311 of lid 301. The flexible rubber seal is the protrusion part, and the protrusion part 311 is a base part that holds the flexible rubber seal. Further the flexible rubber seal will be movable with respect to the protrusion part 311.
Regarding claim 5, modified Sando teaches the inspection chip according to claim 4. The protrusion part 311 of Sando has been modified by Larsen to have a retainer ring that will hold the flexible rubber seal (the protrusion part), as such the two components are formed separately from each other and the flexible rubber seal will be detachable (Larsen; [0073] see snap fitting engagement).
Regarding claim 6, modified Sando teaches the inspection chip according to claim 5. As seen in Figure 6 of Larsen, the flexible rubber seal 75 has cutouts that will allow for the snap fitting engagement described in [0073]. These are locking parts.
The limitation “a locking part capable of being engaged with the base part.” is directed to the function of the apparatus and/or the manner of operating the apparatus, all the structural limitations of the claim has been disclosed by Larsen and the grooves of the flexible rubber seal of Larsen capable of engaging the base part. As such, it is deemed that the claimed apparatus is not differentiated from the apparatus of Larsen (see MPEP §2114).
Regarding claim 7, modified Sando teaches the inspection chip according to claim 4. The flexible rubber seal is the protrusion part, and as seen in Figure 6 of Larsen it will have a recess that will be towards the reservoir part 307 of Sando that allows the retainer ring to be inserted. This recess is the pressing part. The dashed arrow in annotated Figure 6 of Larsen is pointing to the recess.
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Regarding claim 8, modified Sando teaches the inspection chip according to claim 4. Sando further teaches wherein
the base part (protrusion 311) includes a positioning part that protrudes so as to be fitted in the opening part and be housed in the liquid storage part (307) (Sando; Figure 4 where it is seen that protrusion 311 has a protruding part that will be fitted in the opening of the reservoir part 307, the protruding part being a positioning part, [0043]).
Regarding claim 9, modified Sando teaches the inspection chip according to claim 1. Sando has been modified such that the protrusion part 311 will include the flexible rubber seal of Larsen, the flexible rubber seal being the protrusion part. From [0073] of Larsen which describes where axial forces bear on the seal are translated by the conical face and side wall to a lateral outward force on the bore wall, it is understood that when the flexible rubber seal slides into the reservoir part 307 of Sando it will hermetically slide in when the liquid reception part is sealed.
Regarding claim 10, modified Sando teaches the inspection chip according to claim 1. Larsen further teaches wherein
the protrusion part (flexible rubber seal 75) includes a sealing protrusion part (flexible side walls 76) that protrudes outward from an outer surface of the protrusion part (75) so as to be appressed to an inner surface of the liquid storage part (Larsen; [0073]).
Regarding claim 11, modified Sando teaches the inspection chip according to claim 1. Larsen further teaches wherein
the protrusion part is elastically deformable (Larsen; [0073] flexible rubber seal is understood to be elastically deformable).
Regarding claim 12, modified Sando teaches the inspection chip according to claim 1. Sando further teaches wherein
in the liquid introduction part (see annotated Figure 4 of Sando supra), the liquid storage part (307) is provided on the body part (101) so as to protrude from the body part (101) (Sando; [0042] describes where the holding part 303 has the liquid reservoir part 307, and in Figure 4 the holding part 303 protrudes from flow passage substrate 101. As such the reservoir part 307 will be provided on and protrude from the flow passage substrate).
Regarding claim 13, modified Sando teaches the inspection chip according to claim 12. Sando further teaches wherein
an outer surface of the liquid storage part (307) is provided with a part (groove part 303a) to be locked with which the lid part is engaged (Sando; [0041] see groove part 303a of the holding part 303, [0042] where holding part 303 has the liquid reservoir part 307. The outer surface of the holding part 303 is the outer surface of the liquid reservoir part 307 that has groove part 303a), and
the lid part is provided with a locking part (claw part 301a) that is engaged with the part to be locked (303a) (Sando; [0041]).
Regarding claim 14, modified Sando teaches the inspection chip according to claim 3. [0041] of Sando teaches that the lid 301 and holding part 303 are snap fasteners that has the lid 301 inserted into the holding part 303 and the claw part 301a of the lid is hooked and locked into the groove part 303a of the holding part 303 ([0042] describes that the holding part 303 has the liquid reservoir part 307). However, these are snap fasteners and are not threaded.
In an alternative embodiment of Sando, Figures 5a and 5b describes where lid 301 and holding part 303 are screwing-type shapes for engaging and locking a male screw provided on the inner wall of lid 301 and a female screw provided on the outer periphery of the holding part 303 (Sando; [0049]). As described by [0042] in reference to Figure 4, the holding part 303 has the liquid reservoir part 307. Therefore, part of the liquid reservoir part 307 will have the screw-type shapes.
Examiner finds that the prior art contained a device/method/product (i.e., lid and holding part) which differed from the claimed device by the substitution of component(s) (i.e., snap fasteners) with other component(s) (i.e., screwing-type engagement), and the substituted components and their functions were known in the art as above set forth. An ordinarily skilled artisan could have substituted one known element with another (i.e., snap fasteners for screwing-type engagement), and the results of the substitution (i.e., connection of the lid to the holding part) would have been predictable.
Therefore, pursuant to MPEP §2143 (I), Examiner concludes that it would have been obvious to an ordinarily skilled artisan to substitute the snap fasteners for the screwing-type engagement as taught by Sando, since the result would have been predictable.
Other References Cited
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Volland (US-2019/0366326-A1) teaches a plug/piston 11 screwed into an enclosure 2 that is connected to a tank 25, tank has a hole 36 provided (Volland; Figures 4A-4C, [0096], [0099]).
Anderson (US-2011/0201099-A1) teaches a sample chamber 4700 that includes a sample well 4720 with a sample introduction port with a sealable cap 4722 that may have locking features (Anderson; [0182], Figure 47).
Gutsell (US-2015/0346105-A1) teaches a lid 25 with a hinge 30, where the lid has a bung 27 extending from its underside and includes an o-ring 29, as seen in Figure 3B the bung 27 is located within a sample entry well 22 that comprises a tapered shoulder side walls 101 and vertical side walls 103 that engage the bung with the lower portion 23 of the sample entry well 22 (Gutsell; [0191], [0192], [0193]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SOPHIA LYLE whose telephone number is (571)272-9856. The examiner can normally be reached 8:30-5:00 M-Th.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Elizabeth Robinson can be reached at (571) 272-7129. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.Y.L./Examiner, Art Unit 1796
/ELIZABETH A ROBINSON/Supervisory Patent Examiner, Art Unit 1796