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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
Claim(s) 1-10, 12-14, 16-17, 19-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gourley (20150316464) in view of Lucero et al. (10,815,525) and in further view of EP 2 942 103 A1.
Claim 1
Gourley (20150316464) discloses a microfluidic device (Para.0033) for detecting fluorescence (Para. 0097) from a labelled sample (Fig. 4, Ref. Specimen), wherein the labelled sample (Fig. 4, Ref. Specimen) emits an electromagnetic radiation of a defined wavelength when irradiated by a LASER (Fig. 4, Ref. 20) beam of a commensurate wavelength (Para. 0085-0086), wherein the system comprises: a source for emitting said LASER beam (Fig. 4, Ref. 20), oriented as to aim at said labelled sample (Fig. 4, Ref. Specimen) a chamber (Fig. 4, Ref. Resonant Cavity 28) for holding said labelled sample (Fig. 4, Ref. Specimen) during said LASER irradiation (Fig. 4, Ref. 20), a reflective layer (Fig. 4, Ref. 34; Bottom mirror) positioned to reflect said electromagnetic radiation (See Fig. 4), a detector (Fig. 4, Ref. 44) positioned to detect and amplify said electromagnetic radiation (See Fig. 4), microfluidic chip (Fig. 15B, Ref. 120; microfluidic transport chip) comprising the chamber (Fig. 4, Ref. Resonant Cavity 28), wherein the reflective layer (Fig. 4, Ref. 34; Bottom mirror) is fabricated to said microfluidic chip (Fig. 4, Ref. Resonant Cavity 28) to reflect said electromagnetic radiation back into said detector (Fig. 4, Ref. 44), wherein the reflective layer (Fig. 4, Ref. 34; Bottom mirror) is positioned behind the chamber (Fig. 4, Ref. Resonant Cavity 28).
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Gourley (20150316464) substantially teaches the claimed invention except that it does not show a microfluidic droplet comprising said labelled sample. Lucero et al. (10,815,525) shows that it is known to provide a microfluidic droplet comprising said labelled sample (See Fig. 2, Ref. 218; droplet containing cell Ref. 214 and bead Ref. 16)) for a system for analyte characterization. It would have been obvious to modify the device of Gourley (20150316464) with the microfluidic droplet with labelled sample of Lucero et al. (10,815,525) before the effective filing date of the claimed invention for the purpose of providing extreme sensitivity of optical resonant cavities for single-molecule detection, therefore allowing high multiplexed screening of biomolecules.
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Gourley (20150316464) when modified with Lucero et al. (10,815,525) substantially teaches the claimed invention except that it does not show a lens for focusing and shaping said laser beam on the sample, wherein the lens is comprised within a microscope objective. EP 2 942 103 A1 shows that it is known to provide a lens (Lens located in the objective Fig. 2, Ref. 35) for focusing and shaping said laser beam (Fig. 2, Ref. 30, 31) on the sample (Fig. 2, Ref. 23), wherein the lens is comprised within a microscope objective (Fig. 2, Ref. 35; 20x objective) for a device for measuring fluorescent labelled particles held in a well. It would have been obvious to modify the device of Gourley (20150316464) and Lucero et al. (10,815,525) with the microscopic objective of EP 2 942 103 A1 before the effective filing date of the claimed invention for the purpose because it delivers the magnification, resolution, and light-collection performance required to detect and measure fluorescently labeled particles in microfluidic devices, enabling both qualitative imaging and quantitative analysis in real time therefore, providing reliable particle detection and characterization.
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Claim 2
Gourley (20150316464) discloses a first dichroic mirror (Fig. 4, Ref. 22) and a second dichroic mirror (Fig. 4, Ref. 42), said first dichroic mirror (Fig. 4, Ref. 22) positioned between said source (Fig. 4, Ref. 20) and said chamber (Fig. 4, Ref. Resonant Cavity 28), said second dichroic mirror (Fig. 4, Ref. 42) positioned between said first dichroic mirror (Fig. 4, Ref. 22) and said detector (Fig. 4, Ref. 44), wherein said first dichroic mirror (Fig. 4, Ref. 42) deflects said electromagnetic radiation reflected from said reflective layer (Fig. 4, Ref. 34) towards said second dichroic mirror (Fig. 4, Ref. 42) which further deflects to said detector (Fig. 4, Ref. 44).
Claim 3
Gourley (20150316464) discloses a lens (Fig. 4, Ref. 24) for focusing and shaping said LASER beam (Fig. 4, Ref. 20) on said sample (Fig. 4, Ref. specimen), and a signal processing block (Fig. 4, Ref. 48) for analyzing said detector-amplified electromagnetic radiation (Para. 0085).
Claim 4
Gourley (20150316464) discloses said detector (Fig. 9, Ref. 44) also detects and amplifies said electromagnetic radiation directly emitted from said sample (Fig. 9, Ref. specimen) without being reflected by said reflective layer (Fig. 9, Ref. 34).
Claim 5
Gourley (20150316464) discloses a reflective layer (Fig. 4, Ref. 34; Bottom mirror) also reflects said LASER beam (Fig. 4, Ref. 20).
Claim 6
Gourley (20150316464) discloses said LASER beam's wavelength is within the visible or the infrared electromagnetic spectra (Para. 0065).
Claim 7
Gourley (20150316464) discloses a predefined angle of said first dichroic mirror (Fig. 4, Ref. 22) to said source comprises +45 degrees and +135 degrees but precludes 180 degrees (Fig. 4, 45 degrees).
Claim 8
Gourley (20150316464) discloses a predefined angle of said reflective layer (Fig. 4, Ref. 34; Bottom mirror) to said first dichroic mirror precludes 180 degrees (Fig. 4, 45 degrees).
Claim 9
Gourley (20150316464) discloses said labelled sample (fluorescently-labeled structures) comprises a labelled biological cell (Para. 0089)
Claim 10
Gourley (20150316464) discloses said labelled sample comprises a label that is a fluorescent dye (Fig. 4, Ref. Specimen); see MPEP 2115 "[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims." Inre Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963). System can be used on labelled biological cells), and wherein said fluorescent dye optionally comprises streptavidin-BV421 and DY 777.
Claim 12
Gourley (20150316464) discloses said reflective layer (Fig. 4, Ref. 34; Bottom mirror) is of a shape comprising rectangle or square or a combination thereof (Fig. 4; Examiner interprets Ref. Resonant Cavity 28 to be a rectangular).
Claim 13
Gourley (20150316464) discloses said electromagnetic radiation's wavelength is within a range between and including 423 nm and 763 nm (Para. 0065).
Claim 14
Gourley (20150316464) discloses said source (Fig. 4, Ref. 20) is configured to emit a LASER beam with a wavelength within a range between and including 405 nm and 730 nm (Para. 0065).
Claim 16
Gourley (20150316464) discloses one (Fig. 4, Ref. 22) or more additional mirror(s) to reflect said LASER beam towards said sample (Fig. 4, Ref. specimen).
Claim 17
Gourley (20150316464) discloses said reflective layer (Fig. 4, Ref. 34; Bottom mirror) and a chamber (Fig. 4, Ref. Resonant Cavity 28) constitute parts of the microfluidic chip (See Fig. 4).
Claim 19
Gourley (20150316464) said labelled samples are sorted prior to analysis (system can be used on labelled samples which have been sorted: see MPEP 2115 "[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims." Inre Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963)).
Claim 20
Gourley (20150316464) discloses said reflective layer (Fig. 4, Ref. 34; Bottom mirror) forms a cavity (Fig. 4, Ref. Resonant Cavity 28) in combination with said first dichroic mirror (Fig. 4, Ref. 22).
Claim 21
Gourley (20150316464) discloses a method for detecting and/or measuring the fluorescence from a sample (Fig. 4, Ref. specimen) comprising: detecting and/or measuring (Fig. 4, Ref. 44) a fluorescence signal emitted from a labelled sample (Para. 0097).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gourley (20150316464) when modified with Lucero et al. (10,815,525) and Lucero et al. (10,815,525) and in further view of Dyba et al. (2007/0206278).
Claim 15
Gourley (20150316464) when modified with Lucero et al. (10,815,525) and EP 2 942 103 A1 substantially teaches the claimed invention except that it does not show the use of a Powell lens. Dyba et al. (2007/0206278) shows that it is known to provide a Powell lens (Para. 0042) for a device used in fluorescence microscopy. It would have been obvious to modify the device of Gourley (20150316464), Lucero et al. (10,815,525), and EP 2 942 103 A1 with the Powell Lens of Dyba et al. (2007/0206278) before the effective filing date of the claimed invention for the purpose of providing a lens that produces a uniform intensity which provides a consistent illumination measurement device.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gourley (20150316464) when modified with Lucero et al. (10,815,525) and EP 2 942 103 A1 and in further view of Huang [Guoliang Huang, Can Wang, LiMa, Xu Yang, Xiaoyong Yang, Guoging Wang, Sensitive sequence-specific molecular identification system comprising an aluminum micro-nanofluidic chip and associated real-time confocal detector, Analytica Chimica Acta, Volume 695.
Claim 18
Gourley (20150316464) when modified with Lucero et al. (10,815,525) and EP 2 942 103 A1 substantially teaches the claimed invention except that it does not show the microfluidic chip is manufactured using material from the group of high reflectance metals for visible and infrared spectral radiation comprising titanium, platinum, gold and aluminum. Huang shows that it is known to provide a microfluidic chip that is manufactured using aluminum [Title, Abstract] for a microfluidic device. It would have been obvious to modify the device of Gourley (20150316464); Lucero et al. (10,815,525) and EP 2 942 103 A1 with the aluminum of Huang before the effective filing date of the claimed invention for the purpose of providing a material that is lower in cost and ease of fabrication, therefore durability and excellent thermal conductivity.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-10, 12-21 have been considered but are moot because the new ground of rejection does not rely on all of the prior art reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL PATRICK STAFIRA whose telephone number is (571)272-2430. The examiner can normally be reached M-F 6:30am-3pm.
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/MICHAEL P STAFIRA/Primary Examiner, Art Unit 2877 October 5, 2026
