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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 09/15/2025 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/21/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
The amendments filed on 09/15/2025 has been entered. Claims 1-20 have been amended. Accordingly, claims 1-20 are pending and under consideration.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on the same combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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.
Claims 1-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Handique et al. US 2013/0190212 A1 (previously cited, hereinafter Handique).
Regarding claim 1, Handique discloses a cassette 100 (Fig. 7 – cell capture system 100, and Par. 29 – “The cell capture system 100 is preferably defined on a chip, more preferably a microfluidic chip, but can alternatively be located on or defined by any suitable substrate 110”) for use in the processing of blood (Par. 87 – “the cell capture system 100 includes pre-processing a sample… The sample is preferably a peripherial whole blood sample, but can be any other suitable samdple containing target cells”), comprising:
said cassette 100 (Fig. 7) having therein a plurality of coplanar chambers C (see annotated Fig. 7 below – there are 10 coplanar chambers),
said cassette 100 (Fig. 7) having an input port 320 (Fig. 7 – sample inlet 320) and an output port 420 (Fig. 7 – sample outlet 420),
each of said chambers C (see annotated Fig. 7 below) having an input port C-I (see annotated Fig. 7 below) and an output port C-O (see annotated Fig. 7 below),
a plurality of parallel ridges (see annotated Fig. 7 below) in each of said chambers C (see annotated Fig. 7 below), said ridges in each said chamber C (see annotated Fig. 7 below) extending between the corresponding chamber input port C-I (see annotated Fig. 7 below) and the corresponding chamber output port C-O (see annotated Fig. 7 below – each chamber’s parallel ridges are arranged between the chamber input port C-I and the chamber output port C-O), said ridges (see annotated Fig. 7 below) in each said chamber C (see annotated Fig. 7 below) forming a plurality of parallel flow channels 220 (Fig. 7 – pores 220 that are parallel) between each said chamber input port C-I (see annotated Fig. 7 below) and output port C-O (see annotated Fig. 7 below),
an input distribution line 300 (Fig. 7 – inlet manifold 300) having an input 204 (Fig. 7 – main channel 204, the outermost and leftmost vertical branch) coupled to said cassette input port 320 (Fig. 7) and a plurality of outputs 206 (Fig. 7 – a plurality of feeder channels 206) coupled respectively to the input ports C-I (see annotated Fig. 7 below) of said chambers C (see annotated Fig. 7 below), and
an output distribution collection line 400 (Fig. 7 – outlet manifold 400) having a plurality of inputs coupled 206 (Fig. 7, and Par. 49 – “Each outlet sub-manifold 402 preferably includes a main channel 204 and a plurality of feeder channels 206”) respectively to said output ports C-O (see annotated Fig. 7 below) of said chambers C (see annotated Fig. 7 below) and said output collection line 400 (Fig. 7) having an output (Fig. 7 – the right side of manifold 400) coupled to said cassette output port 420 (Fig. 7).
PNG
media_image1.png
703
1081
media_image1.png
Greyscale
Annotated Fig. 7 of Handique
Regarding claim 2, Handique suggests the invention of claim 1. Handique further discloses wherein each of said ridges (see annotated Fig. 7 above) has a rectangular cross section configuration (Fig. 3B – the ridges between each pore 220 have a rectangular cross-section, and Par. 37 – “In one variation, as shown in FIG. 3B, the chamber 222 has a rectangular cross-section”).
Regarding claim 3, Handique suggests the invention of claim 1. Handique further discloses wherein said plurality of chambers C (see annotated Fig. 7 above) are positioned in a rectangular coplanar array 200 (Fig. 7 – array 200 is rectangular).
Regarding claim 4, Handique suggests the invention of claim 1. Handique further discloses wherein said input ports (see annotated Fig. 7 above), said output ports (see annotated Fig. 7 above), and said chambers C (see annotated Fig. 7 above) each have a rectangular cross-section configuration (Fig. 3B, Fig. 11D, and Par. 37).
Regarding claim 5, Handique suggests the invention of claim 1. Handique further discloses wherein the input port C-I (see annotated Fig. 7 above) of each said chamber C (see annotated Fig. 7 above) has a width that corresponds to the width of the corresponding chamber C (see annotated Fig. 7 above – the vertical width of chamber input port C-I spans across the width of a chamber C).
Regarding claim 6, Handique discloses a cassette 100 (Fig. 7 – cell capture system 100, and Par. 29 – “The cell capture system 100 is preferably defined on a chip, more preferably a microfluidic chip, but can alternatively be located on or defined by any suitable substrate 110”) for use in the processing of blood (Par. 87 – “the cell capture system 100 includes pre-processing a sample… The sample is preferably a peripherial whole blood sample, but can be any other suitable sample containing target cells”), comprising:
a plurality of coplanar chambers C (see annotated Fig. 7 below – there are 10 coplanar chambers) within said cassette 100 (Fig. 7), each said chamber C (see annotated Fig. 7 below) having an input port C-I (see annotated Fig. 7 below) and an output port C-O (see annotated Fig. 7 below),
said cassette 100 (Fig. 7) having an input port 320 (Fig. 7 – sample inlet 320) and an output port 420 (Fig. 7 – sample outlet 420),
an input line 300 (Fig. 7 – inlet manifold 300) within said cassette 100 (Fig. 7), said input line 300 (Fig. 7) having a first end 204 (Fig. 7 – main channel 204, the outermost and leftmost vertical branch) thereof coupled to said cassette input port 320 (Fig. 7) and having at least one linear segment 206 (Fig. 7 – a plurality of feeder channels 206, the outermost and leftmost horizontal branches) thereof,
an output line 400 (Fig. 7 – outlet manifold 400) within said cassette 100 (Fig. 7), said output line 400 (Fig. 7) having a first end (Fig. 7 – the right side of manifold 400) thereof coupled to said cassette output port 420 (Fig. 7),
a chamber input line 204 (Fig. 7 – channel 204, the inner vertical branch next to the leftmost main channel 204) having an input thereof coupled to said input line 300 (Fig. 7 – inner channel 204 is coupled to the inlet manifold 300), said chamber input line 204 (Fig. 7) positioned perpendicular to said input line linear segment 206 (Fig. 7 – inner channel 204 is perpendicular to the outermost/leftmost feeder channel 206), said chamber input line 204 (Fig. 7) coupled respectively to the input ports C-I (see annotated Fig. 7 above) of said chambers C (see annotated Fig.7 above), and
a chamber output line 204 (Fig. 7 – channel 204, the inner vertical branch next to the rightmost main channel 204, the discussion of Par. 49 indicates that there is symmetry between the inlet and outlet end of the system; thus, line 204 is also referred to for the chamber output line) coupled at one end thereof to said output line 400 (Fig. 7, and Par. 49 – “Each outlet sub-manifold 402 preferably includes a main channel 204 and a plurality of feeder channels 206”) and said chamber output line 204 (Fig. 7) coupled to the output ports C-O (see annotated Fig. 7 above) of said chambers C (see annotated Fig. 7 above).
Regarding claim 7, Handique suggests the invention of claim 6. Handique further discloses at least a segment of said chamber input line 204 (Fig. 7 – channel 204, the inner vertical branch next to the leftmost main channel 204) is parallel with at least a segment of said chamber output line 204 (Fig. 7 – channel 204, the inner vertical branch next to the rightmost main channel 204; both are vertically parallel).
Regarding claim 8, Handique suggests the invention of claim 6. Handique further discloses chambers C (see annotated Fig. 7 above) has a plurality of parallel flow channels 220 (Fig. 7 – pores 220 that are parallel) between the chamber input port C-I (see annotated Fig. 7 above) and the chamber output port C-O (see annotated Fig. 7 above).
Regarding claim 9, Handique suggests the invention of claim 6. Handique further discloses including a plurality of ridges (see annotated Fig. 7 above) in each of said chambers C (see annotated Fig. 7 above), said ridges in each chamber C (see annotated Fig. 7 above) extending in length between proximate the chamber input port C-I (see annotated Fig. 7 above) and proximate the chamber output port C-O (see annotated Fig. 7 above – each chamber’s parallel ridges are arranged between the chamber input port C-I and the chamber output port C-O).
Regarding claim 10, Handique suggests the invention of claim 9. Handique further discloses wherein said plurality of ridges (see annotated Fig. 7 above) in each chamber C (see annotated Fig. 7 above) extend between opposing side walls of the chamber C (see annotated Fig. 7 above – ridges extending from a top wall/row to a bottom wall/row) to form a plurality of parallel flow paths channels 220 (Fig. 7 – pores 220 that are parallel) in each said chamber C (see annotated Fig. 7 above).
Regarding claim 11, Handique suggests the invention of claim 6. Handique further discloses wherein said input port C-I (see annotated Fig. 7 above) and said output port C-O (see annotated Fig. 7 above) of each said chamber C (see annotated Fig. 7 above) have the same cross-section configuration as that of the corresponding chamber C (see annotated Fig. 7 above - the vertical width of chamber input port C-I and chamber output port C-O spans across the width of a chamber, thus having the same cross-section configuration).
Regarding claim 12, Handique suggests the invention of claim 6. Handique further discloses wherein said plurality of chambers C (see annotated Fig. 7 above) are configured in a rectangular array 200 (Fig. 7 – array 200 is rectangular).
Regarding claim 13, Handique suggests the invention of claim 6. Handique further discloses wherein said cassette 100 (Fig. 7) has a planar rectangular configuration (Fig. 7 – system 100 is rectangular).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Handique in view of Ohman et al. US 2022/0032302 A1 (previously cited, hereinafter Ohman).
Regarding claim 14, Handique discloses a cassette 100 (Fig. 7 – cell capture system 100, and Par. 29 – “The cell capture system 100 is preferably defined on a chip, more preferably a microfluidic chip, but can alternatively be located on or defined by any suitable substrate 110”) for use in the processing of blood (Par. 87 – “the cell capture system 100 includes pre-processing a sample… The sample is preferably a peripherial whole blood sample, but can be any other suitable sample containing target cells”), comprising:
a first plurality of chambers (see annotated Fig. 7’ below) within said cassette 100 (Fig. 7), each said chamber C (see annotated Fig. 7’ below) in said first plurality of chambers (see annotated Fig. 7’ below) having an input port C-I (see annotated Fig. 7’ below) and an output port C-O (see annotated Fig. 7’ below),
a second plurality of chambers (see annotated Fig. 7’ below) within said cassette 100 (Fig. 7), each said chamber C (see annotated Fig. 7’ below) in said second plurality of chambers (see annotated Fig. 7’ below) having an input port C-I (see annotated Fig. 7’ below) and an output port C-O (see annotated Fig. 7’ below),
said cassette 100 (Fig. 7) having a first input port 320 (Fig. 7 – sample inlet 320), and an output port 420 (Fig. 7 – sample outlet 420),
a first distribution manifold 300 (Fig. 7 – inlet manifold 300) having an input 204 (Fig. 7 – main channel 204, the outermost and leftmost vertical branch) thereof coupled to said cassette first input port 320 (Fig. 7) and a plurality of outputs 206 (Fig. 7 – a plurality of feeder channels 206) thereof coupled respectively to said input ports C-I (see annotated Fig. 7’ below) of said first plurality of chambers C (see annotated Fig. 7’ below),
a collection manifold 400 (Fig. 7 – outlet manifold 400) having a plurality of inputs 206 (Fig. 7, and Par. 49 – “Each outlet sub-manifold 402 preferably includes a main channel 204 and a plurality of feeder channels 206”; the discussion of Par. 49 indicates that there is symmetry between the inlet and outlet end of the system; thus, line channels 206 are also referred to for the outlet side) thereof coupled respectively to the output ports C-O (see annotated Fig. 7’ below) of said first and second plurality of chambers C (see annotated Fig. 7’ below), said collection manifold 400 (Fig. 7) having an output (Fig. 7 – the right side of manifold 400) coupled to said cassette output port 420 (Fig. 7).
However, Handique does not currently disclose a second input port, a second distribution manifold having an input thereof coupled to said cassette second input port and a plurality of outputs thereof coupled respectively to said input ports of said first plurality of chambers.
PNG
media_image2.png
703
1176
media_image2.png
Greyscale
Annotated Fig. 7’ of Handique
Ohman, in the same field of endeavor of sample cartridge (Title), teaches a second input port 133 (Fig. 18 – second input port 133), a second distribution manifold 134 (Fig. 18 – second end 134) having an input thereof coupled to said cassette second input port 133 (Fig. 18 – second end 134 connects to second input port 133) and a plurality of outputs (see annotated Fig. 18 below – a plurality of outputs) thereof coupled respectively to said input ports 122 (Fig. 18 – first end) of said first plurality of chambers 120 (Fig. 18 – multiple cell channels 120).
PNG
media_image3.png
511
665
media_image3.png
Greyscale
Annotated Fig. 18 of Ohman
It also would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Handique to further have a second input port and a second distribution manifold as taught by Ohman, in order to provide high volume accuracy and consistency within the device (Par. 8 of Ohman). The additional input port and manifold allows monitoring/verifying the correct filling of the cartridge and ensures that the liquid sample reach the flow output channel (Par. 14 of Ohman).
Regarding claim 15, Handique in view of Ohman suggests the invention of claim 14. The combination further discloses wherein each of said chambers C (see annotated Fig. 7’ of Handique above) has a planar configuration (see annotated Fig. 7’ of Handique above – each chambers are disposed on the same plane) and said chambers C (see annotated Fig. 7’ of Handique above) are coplanar (see annotated Fig. 7’ of Handique above – each chambers are disposed on the same plane).
Regarding claim 16, Handique in view of Ohman suggests the invention of claim 14. The combination further discloses wherein said chambers C (see annotated Fig. 7’ of Handique above) are configured in a rectangular array 200 (Fig. 7 of Handique – array 200 is rectangular).
Regarding claim 17, Handique in view of Ohman suggests the invention of claim 14. The combination further discloses including a plurality of parallel ridges (see annotated Fig. 7’ of Handique above) in each of said chambers C (see annotated Fig. 7’ of Handique above), said ridges (see annotated Fig. 7’ of Handique above) in each chamber C (see annotated Fig. 7’ of Handique above) extending in length between proximate the corresponding chamber input port C-I (see annotated Fig. 7’ of Handique above) and proximate the corresponding chamber output port C-O (see annotated Fig. 7’ of Handique above – each chamber’s parallel ridges are arranged between the chamber input port C-I and the chamber output port C-O).
Regarding claim 18, Handique in view of Ohman suggests the invention of claim 14. The combination further discloses wherein said input port C-I (see annotated Fig. 7’ of Handique above) and said output port C-O (see annotated Fig. 7’ of Handique above) of each said chamber C (see annotated Fig. 7’ of Handique above) and the corresponding chamber C (see annotated Fig. 7’ of Handique above) have a rectangular cross section (Fig. 3B of Handique, Fig. 11D of Handique, and Par. 37 of Handique).
Regarding claim 19, Handique in view of Ohman suggests the invention of claim 14. The combination further discloses wherein at least portions of said first distribution manifold 300 (Fig. 7 of Handique – inlet manifold 300), said second distribution manifold 133 (Fig. 18 of Ohman – second input port 133) and said collection 400 (Fig. 7 – outlet manifold 400) are configured in parallel (Fig. 18 of Ohman).
Once the modification is made as discussed in claim 14, the distribution manifolds of Handique will have the configuration as taught by Ohman.
Regarding claim 20, Handique in view of Ohman suggests the invention of claim 14. The combination further discloses wherein said first distribution manifold 300 (Fig. 7 of Handique – inlet manifold 300), said second distribution manifold 133 (Fig. 18 of Ohman – second input port 133) and said collection manifold 400 (Fig. 7 – outlet manifold 400) are coplanar (Fig. 7 of Handique and Fig. 18 of Ohman – three manifolds are on the same plane).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Klassen et al. US 20220133973 A1
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUYNH DAO LE whose telephone number is (571)272-7198. The examiner can normally be reached Monday - Friday 8:30 am - 5:30 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, Sarah Al-Hashimi can be reached at (571) 272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/QUYNH DAO LE/Examiner, Art Unit 3781
/CATHARINE L ANDERSON/Primary Examiner, Art Unit 3781