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 .
Remarks
This Office Action fully acknowledges applicant’s remarks filed 05/08/2026. Claims 1-11 and 13-23 are pending. Claims 1 and 20 have been amended.
The indication of allowability of claims 5-7 and 15-17 in the previous Office Action is withdrawn due to the new prior art uncovered while searching the new limitations in amended claim 1.
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.
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.
1. Claim 20 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2021/0069697 to Azizgolshani et al.
Azizgolshani et al. teaches a microfluidic device that includes a plurality of wells and sensors in an assembly that are aligned with the wells and are configured to receive liquid from the wells. The sensors are provided in the microfluidic device 202 that receive fluid from the microfluidic reservoirs 405 as described in paragraph [0050].
The sensors in Azizgolshani et al. measure electrical resistance of the culture media which is the reciprocal of conductivity, thus allowing for sensing and determining conductivity.
Azizgolshani et al. further teaches a printed circuit board to which the sensor are routed, which reads on a mainboard. (Abstract)
Azizgolshani et al. teaches a data manager and microprocessor through which the electrodes of the sensors are routed. [0004]
Azizgolshani et al. teaches connector 600 that can allow for removal of other electronic components (e.g., a digital multiplex board for controlling, receiving, and/or analyzing signals from the electrode 620) from the electrodes 620 themselves, and that connector 600 can be or can include a circular or other shape opening that press-fits to the electrode 620, a spring device which presses against the electrode 620. [0062], [0063].
The spring device is interpreted as being spring-loaded pins that provide electrical connections with the a digital multiplex board.
I.) As noted above, Azizgolshani et al. teaches all the elements of claim 20.
Therefore, Azizgolshani et al. anticipates claim 20.
2. Claims 11 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2019/0247847 to Yung et al.
Yung et al teaches a multiwell plate 102 (“device”) that includes a plurality of wells 106 as shown in Fig. 1A.
In paragraph [0032] Yung et al. discloses that adjacent wells can be connected together by a channel that connects to side walls of the wells.
In Yung et al. the connection between the channels and adjacent wells forms a “port” that is capable of being plugged (“plug port”) to enable or disable a flow of liquid between the adjacent pairs of the wells.
I.) As noted, Yung et al. teaches all the limitations of claim 11.
Therefore, Yung et al. anticipates claim 11.
II.) Regarding applicant’s claim 13, as noted above Yung et al. anticipates claim 11 from which claim 13 depends.
Claim 13 recites that the wells form a row of wells; an inlet port at first end of the row of wells; and an outlet port at a second end of the row of wells.
Yung et al. teaches that more than two wells can be interconnected by channels and provides an example of four interconnected wells. [0031].
In the case of multiple interconnected wells the first well is interpreted as being an inlet port for then interconnected wells at the first end of the row of wells and the last well in interpreted as being an outlet port.
Therefore, Yung et al. anticipates claim 13.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
3. Claims 1-10 are rejected under 35 USC 103 as being unpatentable over Yung et al. in view of Khurama et al. and Azizgolshani et al.
Yung et al. teaches a multiwell plate 102 (“device”) that includes a plurality of wells 106 as shown in Fig. 1A.
In paragraph [0032] Yung et al. discloses that adjacent wells can be connected together by a channel that connects to side walls of the wells.
Yung et al, teaches that signal detectors such as images can be provided for metabolic or other measurements of a cell population in wells of the multiwell plates. [0038], [0041]
Yung et al. does not teach a sensor assembly mounted to the device, in which the sensor assembly includes sensors aligned with the wells.
Khurana et al. teaches an apparatus that, as shown in Figs 3 and 4 includes wells 430 that are coupled together by channels 410. [0191], [0193] Image sensors 540, shown in Fig. 5 are provided beneath the wells 530. [0195]
It would have been obvious to one of ordinary skill in the art to modify Yung et al. to includes image sensors in a sensor assembly mounted to the device as taught by Khurana et al. to capture images for detecting/monitoring metabolic or other measurements of a cell population the wells of the device.
Yung et al. in view of Khurana et al. does not teach a sensor assembly that is configured to receive liquid from the wells.
Azizgolshani et al. teaches a microfluidic device that includes a plurality of wells and sensors in an assembly that are aligned with the wells and are configured to receive liquid from the wells. The sensors are provided in the microfluidic device 202 that receive fluid from the microfluidic reservoirs 405 as described in paragraph [0050].
The sensors in Azizgolshani et al. measure electrical resistance of the culture media which is the reciprocal of conductivity, thus allowing for sensing and determining conductivity.
It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to modify Yung et al. in view of Khurana et al. to include the sensor assembly of Azizgolshani et al. for purposes of measuring conductivity of the culture media in Yung et al.
I.) As noted above, Yung et al. in view of Khurana et al. and Azizgolshani et al. render all the limitations of claim 1 obvious.
Therefore, Yung et al. in view of Khurana et al. and Azizgolshani et al. renders claim 1 obvious.
II.) Regarding applicant’s claim 2, as noted above Yung et al. in view of Khurana et al. and Azizgolshani et al. renders claim 1 obvious from which claim 2 depends.
Claim 2 recites the wells form a row of wells; and the adjacent pairs of the wells are in the row of the wells.
As shown in Figs. 1A and 1B of Yung et al., the wells 106 form a row of wells and adjacent pairs of wells are in the row of wells.
Therefore, Yung et al. in view of Khurana et al. and Azizgolshani et al. renders claim 2 obvious.
III.) Regarding applicant’s claim 3, as noted above Yung et al. in view of Khurana et al. and Azizgolshani et al. renders claim 2 obvious from which claim 3 depends.
Claim 3 recites a plug port at the channel configurable to enable or disable a flow of liquid between the adjacent pairs of the wells.
In Yung et al. in view of Khurana et al. and Azizgolshani et al. the connection between the channels and adjacent wells forms a “port” that is capable of being plugged (“plug port”) to enable or disable a flow of liquid between the adjacent pairs of the wells.
Therefore, Yung et al. in view of Khurana et al. and Azizgolshani et al. renders claim 3 obvious.
IV.) Regarding applicant’s claim 4, as noted above Yung et al. in view of Khurana et al. and Azizgolshani et al. renders claim 2 obvious from which claim 4 depends.
Claim 4 recites the device includes: an inlet port at first end of the row of wells; and an outlet port at a second end of the row of wells.
Yung et al. teaches that more than two wells can be interconnected by channels and provides an example of four interconnected wells. [0031].
In the case of multiple interconnected wells the first well is interpreted as being an inlet port for the interconnected wells at the first end of the row of wells and the last well is interpreted as being an outlet port.
Therefore, Yung et al. in view of Khurana et al. and Azizgolshani et al. renders claim 4 obvious.
V.) Regarding applicant’s claim 5, as noted above Yung et al. in view of Khurana et al. and Azizgolshani et al. renders claim 1 obvious from which claim 5 depends.
Claim 5 recites that the wells form a two-dimensional array of wells; the sensors form a two-dimensional array of sensors; the two-dimensional array of sensors is aligned with the two-dimensional array of wells; and the two-dimensional array of sensors includes at least one of a pH sensor, a conductivity sensor, an oxygen sensor, or a temperature sensor.
The wells in Yung et al. form a two-dimensional array. In modifying Yung et al. in view of Khurana et al. to include the sensors of Azizgolshani et al., it would have been obvious to provide the sensors in a similar two-dimensional array. As noted above the sensors of Azizgolshani et al. can sense conductivity.
Therefore, Yung et al. in view of Khurana et al. and Azizgolshani et al. renders claim 5 obvious.
VI.) Regarding applicant’s claim 6, as noted above Yung et al. in view of Khurana et al. and Azizgolshani et al. renders claim 1 obvious from which claim 6 depends.
Claim 6 recites a removable retainer configurable to align the sensors with the wells, and to detachably mount the sensor assembly to the device.
In Yung et al. in view of Khurana et al. and Azizgolshani et al. the sensors would be connected to the wells by some retaining structure which could be removed or disassembled to detachable mount the sensors to the overall device.
Therefore, Yung et al. in view of Khurana et al. and Azizgolshani et al. renders claim 6 obvious.
VII.) Regarding applicant’s claim 7, as noted above Yung et al. in view of Khurana et al. and Azizgolshani et al. renders claim 1 obvious from which claim 7 depends.
Claim 7 recites seal rings coupled between the wells and the sensor assembly.
Yung et al. in view of Khurana et al. and Azizgolshani et al. does not teach seal rings coupled between the wells and the sensor assembly.
It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to modify Yung et al. in view of Khurana et al. and Azizgolshani et al. to include seal rings in the connections between the pumps 410a and 410b and the reservoirs to prevent undesired leaking of fluids between these connections.
Therefore, Yung et al. in view of Khurana et al. and Azizgolshani et al. renders claim 7 obvious.
VIII.) Regarding applicant’s claim 8, as noted above Yung et al. in view of Khurana et al. and Azizgolshani et al. renders claim 1 obvious from which claim 8 depends.
Claim 8 recites a mainboard detachably mounted to the sensor assembly, wherein the mainboard includes contacts, and the sensor assembly includes spring-loaded pins configurable to engage the contacts and to provide electrical connections between the sensor assembly and the mainboard.
As noted above, Azizgolshani et al. teaches connector 600 that can allow for removal of other electronic components (e.g., a digital multiplex board for controlling, receiving, and/or analyzing signals from the electrode 620) from the electrodes 620 themselves, and that connector 600 can be or can include a circular or other shape opening that press-fits to the electrode 620, a spring device which presses against the electrode 620. [0062], [0063].
The spring device is interpreted as being spring-loaded pins that provide electrical connections with the a digital multiplex board.
Therefore, Yung et al. in view of Khurana et al. and Azizgolshani et al. renders claim 8 obvious.
IX.) Regarding applicant’s claim 9, as noted above Yung et al. in view of Khurana et al. and Azizgolshani et al. renders claim 8 obvious from which claim 9 depends.
Claim 9 recites the mainboard includes interface circuitry configurable to provide measurement signals based on outputs of the sensor assembly.
In Azizgolshani et al. circuitry is provided to provide measurement signals based on outputs of the sensor assembly.
Therefore, Yung et al. in view of Khurana et al. and Azizgolshani et al. renders claim 9 obvious.
VX.) Regarding applicant’s claim 10, as noted above Yung et al. in view of Khurana et al. and Azizgolshani et al. renders claim 9 obvious from which claim 10 depends.
Claim 10 recites that the interface circuitry includes one or more microcontrollers configurable to process measurements from the wells.
Azizgolshani et al. teaches a microcontroller unit. [0072]
Therefore, Yung et al. in view of Khurana et al. and Azizgolshani et al. renders claim 10 obvious.
4. Claims 14-19 are rejected under 35 USC 103 as being unpatentable over Yung et al. as applied to claim 11 and further in view of Azizgolshani et al.
I.) Regarding applicant’ s claim 15, as noted above Yung et al. renders claim 11 obvious from which claim 14 depends.
Claim 14 recites a sensor assembly detachably mounted to the device, in which the sensor assembly includes sensors aligned with the wells; and a mainboard detachably mounted to the sensor assembly.
As noted above, Azizgolshani et al. teaches a microfluidic device that includes a plurality of wells and sensors in an assembly that are aligned with the wells and are configured to receive liquid from the wells. The sensors are provided in the microfluidic device 202 that receive fluid from the microfluidic reservoirs 405 as described in paragraph [0050].
The sensors in Azizgolshani et al. measure electrical resistance of the culture media which is the reciprocal of conductivity, thus allowing for sensing and determining conductivity.
Azizgolshani et al. further teaches a printed circuit board to which the sensor are routed, rendering a mainboard that can be removed obvious. (Abstract)
It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to modify Yung et al. to include the sensor assembly of Azizgolshani et al. for purposes of measuring conductivity of the culture media in Yung et al.
Therefore, Yung et al. in view of Azizgolshani et al. renders claim 14 obvious
II.) Regarding applicant’s claim 15, as noted above Yung et al. in view of Azizgolshani et al. renders claim 14 obvious from which claim 15 depends.
Claim 15 recites the sensors include at least one of: a pH sensor, a conductivity sensor, an oxygen sensor, or a temperature sensor.
As noted above the sensors in Azizgolshani et al. measure electrical resistance of the culture media which is the reciprocal of conductivity, thus allowing for sensing and determining conductivity.
It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to modify Yung et al. in view of Azizgolshani et al. to measure conductivity of the culture media in Yung et al.
Therefore, Yung et al. in view of Azizgolshani et al. renders claim 15 obvious.
III.) Regarding applicant’s claim 16, as noted above Yung et al. in view of Azizgolshani et al. renders claim 15 obvious from which claim 16 depends.
Claim 16 recites a removable retainer configurable to align the sensors of the sensor assembly with the wells of the device, and to detachably mount the sensor assembly to the device.
In Yung et al. in view of Azizgolshani et al. the sensors would be connected to the wells by some retaining structure which could be removed or disassembled to detachable mount the sensors to the overall device.
Therefore, Yung et al. in view of Azizgolshani et al. renders claim 16 obvious.
IV.) Regarding applicant’s claim 17, as noted above Yung et al. in view of Azizgolshani et al. renders claim 14 obvious from which claim 17 depends.
Claim 17 recites seal rings coupled between the wells and the sensor assembly.
Yung et al. in view of Azizgolshani et al. does not teach seal rings coupled between the wells and the sensor assembly.
It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to modify Yung et al. in view of Azizgolshani et al. to include seal rings in the connections between the pumps 410a and 410b and the reservoirs to prevent undesired leaking of fluids between these connections.
Therefore, Yung et al. in view of Azizgolshani et al. renders claim 17 obvious.
V.) Regarding applicant’s claim 18, as noted above Yung et al. in view of Azizgolshani et al. renders claim 14 obvious from which claim 18 depends.
Claim 18 recites that the mainboard includes contacts, and the sensor assembly includes spring-loaded pins configurable to engage the contacts and to provide electrical connections between the sensor assembly and the mainboard.
As noted above Azizgolshani et al. teaches connector 600 that can allow for removal of other electronic components (e.g., a digital multiplex board for controlling, receiving, and/or analyzing signals from the electrode 620) from the electrodes 620 themselves, and that connector 600 can be or can include a circular or other shape opening that press-fits to the electrode 620, a spring device which presses against the electrode 620. [0062], [0063].
The spring device is interpreted as being spring-loaded pins that provide electrical connections with the a digital multiplex board.
Therefore, Yung et al. in view of Azizgolshani et al. renders claim 18 obvious.
VI.) Regarding applicant’s claim 19, as noted above Yung et al. in view of Azizgolshani et al. renders claim 14 obvious from which claim 19 depends.
Claim 19 recites that the mainboard includes interface circuitry configurable to provide measurement signals based on outputs of the sensor assembly.
As noted above, Azizgolshani et al. further teaches a printed circuit board to which the sensor are routed, rendering a mainboard that can be removed obvious. (Abstract)
Therefore, Yung et al. in view of Azizgolshani et al. renders claim 19 obvious.
5. Claims 21-23 are rejected under 35 USC 103 as being unpatentable over Yung et al. in view of Khurana et al. and Azizgolshani et al.
I.) Regarding applicant’s claim 21, as noted above, Azizgolshani et al. anticipates claim 20 from which claim 21 depends.
Yung et al. teaches a multiwell plate 102 (“device”) that includes a plurality of wells 106 as shown in Fig. 1A.
In paragraph [0032] Yung et al. discloses that adjacent wells can be connected together by a channel that connects to side walls of the wells.
Yung et al, teaches that signal detectors such as images can be provided for metabolic or other measurements of a cell population in wells of the multiwell plates. [0038], [0041]
In the interconnected wells of Yang et al. the first well is interpreted as being an inlet port for then interconnected wells at the first end of the row of wells and the last well in interpreted as being an outlet port.
Yung et al. does not teach a sensor assembly mounted to the device, in which the sensor assembly includes sensors aligned with the wells.
Khurana et al. teaches an apparatus that, as shown in Figs 3 and 4 includes wells 430 that are coupled together by channels 410. [0191], [0193] Image sensors 540, shown in Fig. 5 are provided beneath the wells 530. [0195]
It would have been obvious to one of ordinary skill in the art to modify Yung et al. to includes image sensors in a sensor assembly mounted to the device as taught by Khurana et al. to capture images for detecting/monitoring metabolic or other measurements of a cell population the wells of the device.
Yung et al. in view of Khurana et al. does not teach a sensor assembly that is configured to receive liquid from the wells.
Azizgolshani et al. teaches a microfluidic device that includes a plurality of wells and sensors in an assembly that are aligned with the wells and are configured to receive liquid from the wells. The sensors are provided in the microfluidic device 202 that receive fluid from the microfluidic reservoirs 405 as described in paragraph [0050].
The sensors in Azizgolshani et al. measure electrical resistance of the culture media which is the reciprocal of conductivity, thus allowing for sensing and determining conductivity.
In Yung et al. in view of Khurana et al. and Azizgolshani et al. the connection between the channels and adjacent wells forms a “port” that is capable of being plugged (“plug port”) to enable or disable a flow of liquid between the adjacent pairs of the wells.
It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to modify Yung et al. in view of Khurana et al. to include the sensor assembly of Azizgolshani et al. for purposes of measuring conductivity of the culture media in Yung et al.
Therefore, Yung et al. in view of Khurana et al. to include the sensor assembly of Azizgolshani et al. renders claim 21 obvious.
II.) Regarding applicant’s claim 22, as noted above, Azizgolshani et al. anticipates claim 20 from which claim 22 depends.
Claim 22 recites that assembly further comprises: a removable retainer configurable to align sensors of the sensor assembly with the wells, and to detachably mount the sensor assembly to the device; seal rings coupled between the wells and the sensor assembly; and spring-loaded pins configurable to provide electrical connections between the sensor assembly and the mainboard.
As noted above Azizgolshani et al. teaches connector 600 that can allow for removal of other electronic components (e.g., a digital multiplex board for controlling, receiving, and/or analyzing signals from the electrode 620) from the electrodes 620 themselves, and that connector 600 can be or can include a circular or other shape opening that press-fits to the electrode 620, a spring device which presses against the electrode 620. [0062], [0063].
The spring device is interpreted as being spring-loaded pins that provide electrical connections with the a digital multiplex board.
Therefore, Yung et al. in view of Azizgolshani et al. renders claim 22 obvious.
III.) Regarding applicant’s claim 23, as noted above Yung et al. in view of Azizgolshani et al. renders claim 20 obvious from which claim 23 depends
Claim 23 recites that the mainboard includes interface circuitry configurable to provide measurement signals based on outputs of the sensor assembly to the data processor.
Yung et al. teaches a multiwell plate 102 (“device”) that includes a plurality of wells 106 as shown in Fig. 1A.
In paragraph [0032] Yung et al. discloses that adjacent wells can be connected together by a channel that connects to side walls of the wells.
Yung et al, teaches that signal detectors such as images can be provided for metabolic or other measurements of a cell population in wells of the multiwell plates. [0038], [0041]
Yung et al. does not teach a sensor assembly mounted to the device, in which the sensor assembly includes sensors aligned with the wells.
Khurana et al. teaches an apparatus that, as shown in Figs 3 and 4 includes wells 430 that are coupled together by channels 410. [0191], [0193] Image sensors 540, shown in Fig. 5 are provided beneath the wells 530. [0195]
It would have been obvious to one of ordinary skill in the art to modify Yung et al. to includes image sensors in a sensor assembly mounted to the device as taught by Khurana et al. to capture images for detecting/monitoring metabolic or other measurements of a cell population the wells of the device.
Yung et al. in view of Khurana et al. does not teach a sensor assembly that is configured to receive liquid from the wells.
Azizgolshani et al. teaches a microfluidic device that includes a plurality of wells and sensors in an assembly that are aligned with the wells and are configured to receive liquid from the wells. The sensors are provided in the microfluidic device 202 that receive fluid from the microfluidic reservoirs 405 as described in paragraph [0050].
The sensors in Azizgolshani et al. measure electrical resistance of the culture media which is the reciprocal of conductivity, thus allowing for sensing and determining conductivity.
Azizgolshani et al. teaches a data manager and microprocessor through which the electrodes of the sensors are routed. [0004]
Therefore, Yung et al. in view of Khurana et al. and Azizgolshani et al. renders claim 23 obvious.
Allowable Subject Matter
The indicated allowability of claim 5-10, 15-17, 20, 21, and 23 are withdrawn in view of the newly discovered reference to Azizgolshani et al (US 20210069697). Rejections based on the newly cited reference are presented above.
Response to Arguments
Applicant’s arguments with respect to claim 1-11 and 13-23 have been considered but are moot because the new ground of rejection that relies upon Azizgolshani et al. as necessitated by applicant’s amendments to the claims.
As to applicant’s argument directed to claim 11 that “Nowhere does Yung mention that channels 112 is capable of being plugged ("plug port") to enable or disable a flow of liquid between the adjacent pairs of wells as stated by the Office,” claim 11 only recites that a plug port at the channel “configured to enable” or disable flow of liquid through the channel.
The connection between the channels and adjacent wells in Yung et al. forms a 'port' that is capable of being plugged ("plug port') to enable or disable a flow of liquid between the adjacent pairs of the wells.
Conclusion
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/M.S.G./Examiner, Art Unit 1798
/CHARLES CAPOZZI/Supervisory Patent Examiner, Art Unit 1798