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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/6/2026 has been entered.
Response to Arguments
Applicant's arguments filed 5/6/2026 have been fully considered but they are not persuasive.
Applicant argues Without acquiescing in the Examiner's rejection, the cited sections of the applied references, whether taken alone or in any reasonable combination, do not disclose or suggest at least "wherein a second portion of the plurality of probes avoid contact with the two or more microfluidic channels," as recited in claim 1, as amended. Independent claims 12 and 19, as amended, recite similar features. Therefore, independent claims 1, 12, and 19, and the claims
Examiner disagrees, as illustrated in annotated Chan et al. Fig. 1 below in at least regarding claim 1 rejection, Fig.1 illustrates the second portion of the probes avoiding contact with the microfluidic channels. Applicant arguments are not persuasive.
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, 9, 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Chan et al. (US 20020090649) in view of AI et al (US 20220341836).
.
Regarding claim 1, Chan et al. teach A capacitive probe structure (Note par. 0049) comprising:
two or more microfluidic channels (7, Fig. 1) defined within a plurality of stacked dielectric layers (2, 4, Fig. 1, par. 0161) disposed over a substrate (6, Fig. 1); and
a plurality of probes (3, Fig. 1, par. 0161) extending through the plurality of stacked dielectric layers such a first portion of the plurality of probes extend to the two or more microfluidic channels (Note Fig. 1) to measure at least particle concentrations (Note par. 0062, 0062] As used herein, the term "reference electrode" refers to an electrode that can be used in assays where an estimate or determination of the number or concentration of target molecules in a sample solution is desired.) and particle flow within the two or more microfluidic channels.;
wherein a second portion of the plurality of the plurality of probes avoid contact with the two or more microfluidic channels. (Note Fig. 1 below)
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Chan et al. does not teach to measure particle flow.
AI et al. teach measure particle flow. (Note par. 0119, The cross-sectional position may include lateral position and vertical position in the fluidic channel. FIG. 7B illustrates the schematic diagram of the sensing area for the cross-sectional measurement of the flowing particles. By adding two floating electrodes 118d, 118e, the resulting signal profile encodes the height of the particle trajectory (corresponding to vertical position in the fluidic channel).
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 Chan et al. to include the teaching of measure particle flow to determine the position of the particles in continuous flows. (Note AI et al. par. 0059)
Regarding claim 2, Chan et al. teach wherein the plurality of probes are physically and electrically isolated from each other by the plurality of stacked dielectric layers. (Note 2 and 4, Fig. 1)
Regarding claim 11,Chan et al. teach a plurality of probes (5) and the plurality of stacked dielectric layers (Note 2 and 4, Fig. 1)
Chan et al. is silent as to wherein the plurality of probes include eight probes and the plurality of stacked dielectric layers include seven dielectric layers.
It would have been obvious to one of ordinary skill in the art before the effective date to change the probes of Chan et all to include eight and the dielectric layers to include seven layers since the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. One would be motivated to make modification in order to increase the robustness of the measuring device.
Regarding claims 9, Chan et al. teach wherein at least two probes of the plurality of probes are linear and horizontally aligned with respect to each other. (Note 5, Fig. 1)
Regarding claims 10, Chan et al. teach wherein the two or more microfluidic channels have a rectangular shape. (7, Fig. 1)
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Chan et al. (US 20020090649) in view of AI et al (US 20220341836) further in view of Fuchs et al. (US 20050112606).
Chan et al. teach the instant invention except the following claim limitations.
Regarding claims 3 , Chan et al. does not teach wherein the plurality of probes measure a dielectric constant change for conducting and non-conducting liquids and gasses within the two or more microfluidic channels.
Fuchs et al. teach wherein the plurality of probes measure a dielectric constant change for conducting and non-conducting liquids and gasses within the two or more microfluidic channels. (Note par. 0053)
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 Chan et al. to include the teaching of plurality of probes measure a dielectric constant change for conducting and non-conducting liquids and gasses within the two or more microfluidic channels to indicate the ability to store energy.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Chan et al. (US 20020090649) in view of AI et al (US 20220341836) further in view of Azpiroz et al. (US 20170292934).
Chan et al. teach the instant invention except the following limitations.
Regarding claims 4, Chan et al. does not teach the first portion of the plurality of probes have an L-shaped configuration, and wherein the second portion of the plurality of probes have a linear configuration, and wherein the second portion of the plurality of probes are parallel with at least one portion of an L-shape of the L-shaped configuration.
Aspiroz et al. teach the first portion of the plurality of probes (282, Fig. 2C) have an L-shaped configuration, and wherein the second portion of the plurality of probes have a linear configuration, and wherein the second portion of the plurality of probes are parallel with at least one portion of an L-shape of the L-shaped configuration. (Note Fig. 2C below)
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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 Chan et al. to include the teaching of the first portion of the plurality of probes have an L-shaped configuration, and wherein the second portion of the plurality of probes have a linear configuration, and wherein the second portion of the plurality of probes are parallel with at least one portion of an L-shape of the L-shaped configuration to trapping particles in place with conventional negative DEP levitation on top of the electrode and under the cover; and detecting the trapped particles. (Note Aspiroz et al. par. 0099)
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Chan et al. (US 20020090649) in view of AI et al (US 20220341836) further in view of Krulevitch et al. (US 6437551).
Chan et al. teach the instant invention except the following claim limitations.
Regarding claim 5, Chan et al. does not teach wherein the two or more microfluidic channels include a first channel and a second channel, the first channel being a sensing channel and the second channel being a reference channel.
Krulevitch et al. teach wherein the two or more microfluidic channels include a first channel and a second channel, the first channel being a sensing channel and the second channel being a reference channel. (Note column 14, lines 39-42)
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 Chan et al. to include the teaching of wherein the two or more microfluidic channels include a first channel and a second channel, the first channel being a sensing channel and the second channel being a reference channel to measure impedance changes associated with particles. (Note Krulevitch et al. column 3, lines 46-50.)
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Chan et al. (US 20020090649) in view of AI et al (US 20220341836) further in view of Hekmatshoartabari et al. (US 20150276653).
Chan et al. teach the instant invention except the following claim limitations.
Regarding claim 6, Chan et al. does not teach wherein at least two probes of the plurality of probes extend above the two or more microfluidic channels.
Hekmatshoartabari et al. teach wherein at least two probes of the plurality of probes extend above the two or more microfluidic channels. (Microwells 76 are formed in the silicon handle layer 74. A plurality of rod-like columns 78 extend within each microwell. Each column includes an n+ polysilicon core 80 and a dielectric layer 82 of high-k material adjoining the core.) [par. 0023, Fig. 2] Examiner’s position is that the rods extend above the lower opening of the microwell.
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 Chan et al. to include the teaching of at least two probes of the plurality of probes extend above the two or more microfluidic channels to provide precise control of fluid flow, enabling operations such as fluid delivery, aspiration, mixing, separation, and localized analysis.
Regarding claim 7, Chant et al. does not teach wherein at least four probes of the plurality of probes extend to sidewall regions of the two or more microfluidic channels.
Hekmatshoartabari et al. teach wherein at least four probes of the plurality of probes extend to sidewall regions of the two or more microfluidic channels. (Microwells 76 are formed in the silicon handle layer 74. A plurality of rod-like columns 78 extend within each microwell. Each column includes an n+ polysilicon core 80 and a dielectric layer 82 of high-k material adjoining the core.) [par. 0023, Fig. 2] Examiner directs applicant attention to the rods in the circle in Fig. 2 and the corresponding rods on the left side of the structure.; wherein a total quantity of probes in the plurality of probes is eight probes. Examiner directs applicant attention to the rods in the circle in Fig. 2 and the corresponding rods on the left side of the structure
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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 Chant et al. to include the teaching of wherein at least four probes of the plurality of probes extend to sidewall regions of the two or more microfluidic channels and wherein a total quantity of probes in the plurality of probes is eight probes to provide a broader range of sensing ability.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Chan et al. (US 20020090649) in view of AI et al (US 20220341836) in view of further in view of Nellissen et al. (US 20090185955).
Chan et al. teach the instant invention except the following claim limitations.
Regarding claim 8 , Chan et al. does not teach wherein at least two probes of the plurality of probes extend along a bottom region of the two or more microfluidic channels.
Nellissen et al. teach wherein at least two probes of the plurality of probes (22, Fig. 8a) extend along a bottom region of the two or more microfluidic channels. (The micro channel structure comprises an interdigitated electrode structure (22) placed between two fluid chambers (23) and (24).) [par. 0092]
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 Chan et al. to include the teaching of wherein at least two probes of the plurality of probes extend along a bottom region of the two or more microfluidic channels to place them in close proximity to target analytes flowing through the device.
Claims 12, 13, 17, 18 are rejected under 35 U.S.C. 103 as being unpatentable over Chan et al. (US 20020090649) in view of AI et al (US 20220341836) further in view of Kim et al. (US 20110214991).
Regarding claim 12 , Chan et al. teach a capacitive probe structure comprises:
two or more microfluidic channels (Note 7, Fig. 1) defined within a plurality of stacked dielectric layers (4 and 5, Fig. 1)
a plurality of probes (5, Fig. 1) extending through the plurality of dielectric layers (4 and 5, Fig. 1) such that several probes of the plurality of probes extend to a sidewall region of the first microfluidic channel and at least a second probe of the plurality of probes extends to a sidewall region of the second microfluidic channel. (Note Fig. 1)
Chan et al. does not teach wherein at least a third probe of the plurality of probes avoids contact with the first microfluidic channel and the second microfluidic channel.
Kim et al. teach wherein at least a third probe (150, Fig, 1) of the plurality of probes avoids contact with the first microfluidic channel and the second microfluidic channel.
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 Chan et al. to include the teaching of wherein at least a third probe of the plurality of probes avoids contact with the first microfluidic channel and the second microfluidic channel to indicate that the target nucleic acid is close to a nanopore. (Note Kim et al. par. 0070)
Regarding claim 13 , Chan et al. teach wherein the plurality of probes are physically and electrically isolated from each other by the plurality of stacked dielectric layers. (Note 2 and 4, Fig. 1)
Regarding claims 17, Chan et al. teach wherein at least two probes of the plurality of probes are linear and horizontally aligned with respect to each other. (Note 5, Fig. 1)
Regarding claims 18, Chan et al. teach wherein the two or more microfluidic channels have a rectangular shape. (7, Fig. 1)
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Chan et al. (US 20020090649) in view of AI et al (US 20220341836) in view of Kim et al. (US 20110214991) further in view of Fuchs et al. (US 20050112606).
Chan et al. teach the instant invention except the following claim limitations.
Regarding claims 3 and 14, Chan et al. does not teach wherein the plurality of probes measure a dielectric constant change for conducting and non-conducting liquids and gasses within the two or more microfluidic channels.
Fuchs et al. teach wherein the plurality of probes measure a dielectric constant change for conducting and non-conducting liquids and gasses within the two or more microfluidic channels. (Note par. 0053)
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 Chan et al. to include the teaching of plurality of probes measure a dielectric constant change for conducting and non-conducting liquids and gasses within the two or more microfluidic channels to indicate the ability to store energy.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Chan et al. (US 20020090649) in view of AI et al (US 20220341836) in view of Kim et al. (US 20110214991) further in view of Burdon et al. (US 6572830).
Chan et al. teach the instant invention except the following limitations.
Regarding claims 4 and 15, Chan et al. does not teach several of the probes have L-shaped configurations.
Burdon et al. teach several of the probes have L-shaped configurations.(Note 560, 562 at least Fig. 16)
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 Chan et al. to include the teaching of several of the probes have L-shaped configurations to manipulate the electric field to exert focused forces on a droplet's contact line, enabling faster and more accurate fluidic operations compared to conventional electrode designs.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Chan et al. (US 20020090649) in view of AI et al (US 20220341836) in view of Kim et al. (US 20110214991) further in view of Nellissen et al. (US 20090185955).
Chan et al. teach the instant invention except the following claim limitations.
Regarding claims 8 and 16, Chan et al. does not teach wherein at least two probes of the plurality of probes extend along a bottom region of the two or more microfluidic channels.
Nellissen et al. teach wherein at least two probes of the plurality of probes (22, Fig. 8a) extend along a bottom region of the two or more microfluidic channels. (The micro channel structure comprises an interdigitated electrode structure (22) placed between two fluid chambers (23) and (24).) [par. 0092]
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 Chan et al. to include the teaching of wherein at least two probes of the plurality of probes extend along a bottom region of the two or more microfluidic channels to place them in close proximity to target analytes flowing through the device.
Claims 19 are rejected under 35 U.S.C. 103 as being unpatentable over Chan et al. (US 20020090649) in view of AI et al (US 20220341836) further in view of Kim et al. (US 20110214991).
Regarding claims 19, Chan et al. teach a capacitive probe structure comprises:
two or more microfluidic channels (Note 7, Fig. 1) defined within a plurality of stacked dielectric layers (4 and 5, Fig. 1)
a plurality of probes (3, Fig. 1) extending through the plurality of dielectric layers (4 and 5, Fig. 1) such that a first portion of the plurality of probes extend to the sidewall region of the first microfluidic channel and at least a second probe of the plurality of probes extends to a sidewall region of the second microfluidic channel. (Note Fig. 1)
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Chan et al. does not teach wherein at least a third probe of the plurality of probes avoids contact with the first microfluidic channel and the second microfluidic channel.
Kim et al. teach wherein at least a third probe (150, Fig, 1) of the plurality of probes avoids contact with the first microfluidic channel and the second microfluidic channel.
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 Chan et al. to include the teaching of wherein at least a third probe of the plurality of probes avoids contact with the first microfluidic channel and the second microfluidic channel to indicate that the target nucleic acid is close to a nanopore. (Note Kim et al. par. 0070)
Allowable Subject Matter
Claim 20 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 20, wherein the plurality of probes are configured to measure a change in a dielectric constant for conducting and non-conducting liquids and gasses within the two or more microfluidic channels, and wherein a grounded perimeter that surrounds each probe causes interference from one or more other surfaces to be eliminated as claimed in combination with all other claim limitations.
Conclusion
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/DEMETRIUS R PRETLOW/ Examiner, Art Unit 2858
/LEE E RODAK/ Supervisory Patent Examiner, Art Unit 2858
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