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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 07/06/2026 has been entered.
Status of Claims
Claims 27-50 are pending. Claim 27, 39 and 43 have been amended. Claims 27-50 are examined.
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 27-50 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 27 is confusing because line 4 states said plate are in direct fluid connection through at least one closed microchannel, however claim 7 then goes on to recite “the at least one fluidic connection”. The “direct fluid connection” recitation at line 4 appears to be a description of the function of the closed microchannel and not a structural entity and thus there in no antecedent basis for “the at least one fluidic connection”.
Claim 27 is also unclear because the claim states “one fluidic connection” and “one microchannel” and it is unclear if the microchannel is the same entity as the fluidic connection or if they are two separate structural components.
Claim 27 is further unclear because the claim recites “one fluidic connection”, “a fluidic connection”, “the fluidic connection” and as these connections are not differentiated by their name, it is unclear which connection is intending to connect the various wells of the plate.
Response to Arguments
Applicant’s arguments filed 07/06/2026 have been considered and appear to be persuasive, however the claims remain unpatentable based on the indefiniteness rejection described above. Applicants provide arguments such as “closed microchannel that traverses through the bottom of the adjacent well without fluidically opening to it” and recites portions of the claims such as “wherein a fluidic connection is formed between at least two non-adjacent wells and where the fluidic connection is traversing through the bottom of a well adjacent to at least one of the fluidically connected wells” – however, given the confusion described above, further clarity is needed within the claims to distinguish the various fluid connections vs closed microchannels and their relation to non-adjacent versus adjacent wells.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REBECCA M GIERE whose telephone number is (571)272-5084. The examiner can normally be reached M-F 8:30-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bao-Thuy L Nguyen can be reached at 571-272-0824. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/REBECCA M GIERE/Primary Examiner, Art Unit 1677
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