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 Bares et al. (20180196246) in view of Gourley (20150316464).
Claim 1
Bares et al. (20180196246) discloses a device (Fig. 9) for detecting fluorescence (Para. 0049 collecting the fluorescent light) from a labelled sample (fluorescently-labeled structures), wherein the labelled sample emits an electromagnetic radiation of a defined wavelength when irradiated by a LASER beam (Fig. 1, Ref. 10) of a commensurate wavelength, wherein the system comprises: a source (Fig. 1, Ref. 10) for emitting said LASER beam, oriented as to aim at said labelled sample (fluorescently-labeled structures); a support (Fig. 1, Ref. 42) for holding (mobile or immobile) said labelled sample (fluorescently-labeled structures) during said LASER irradiation (Fig. 1, Ref. 12); a detector (Fig. 1, Ref. 50) positioned to detect and amplify (Para. 0079) said electromagnetic radiation (Channels A-D; 0046 detection system with multiple channels), wherein the reflection of electromagnetic radiation back into said detector (Fig. 1, Ref. 50)(Para. 0052 The collected light at the microscope includes returned excitation light at the excitation wavelengths).
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Bares et al. (20180196246) substantially teaches the claimed invention except that it does not show the device is a microfluidic device comprising a chamber, nor wherein the support for holding said labelled sample is a microfluidic chip for holding said labelled sample, nor wherein the reflective layer is fabricated to said microfluidic chip for reflecting electromagnetic radiation; wherein the reflective layer is positioned behind the chamber. Gourley (20150316464) shows that it is known to provide a microfluidic chip (Para. 0004; 0033) having a chamber (Fig. 4, Ref. 28; resonant cavity), wherein the support for holding a labelled sample (Para. 0089 fluorescently labeling the mitochondria) is a microfluidic chip for holding said labelled sample (Para. 0130 microfluidic transport chip fabricated as a component of the optical cavity) wherein a reflective layer (Fig. 4, Ref. 34) is fabricated to said microfluidic chip (Para. 0133 glass chip 125 and cover 170 are in intimate physical contact (see para 0132, 178 is within 170); wherein the reflective layer is positioned behind the chamber (Ref. 34, Bottom Mirror is considered behind the resonant cavity Ref. 28 “chamber”) for a device measuring particles in an optical microcavity. It would have been obvious to combine the device of Bares et al. (20180196246) with the chamber listed above with that of Gourley (20150316464) before the effective filing date of the claimed invention for the purpose of providing a microfluidic device, wherein the support for holding said labelled sample is a microfluidic chip for holding said labelled sample, wherein the reflective layer is fabricated to said microfluidic chip in order to aid in the processes to rapidly isolate, spatially locate and probe individual particles by light interaction to provide statistical information of optical properties of a large population of particles.
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Claim 2
Bares et al. (20180196246) discloses a first dichroic mirror (Fig. 9 Dichroic above sample, see annotated Fig.9) and a second dichroic mirror (Fig. 9 Dichroic directly to the right of Channel A detector), said first dichroic mirror positioned between said source and said chamber (Fig. 9), said second dichroic mirror positioned between said first dichroic mirror and said detector (Fig. 9), wherein said first dichroic mirror deflects said electromagnetic radiation reflected from said reflective layer towards said second dichroic mirror which further deflects to said detector (Fig. 9, second dichroic mirror deflects to Channel A detector).
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Claim 3
Bares et al. (20180196246) discloses a lens (Fig. 9, Ref. Lens) for focusing and shaping said LASER beam on said sample (Fig. 9, Ref. Sample), and a signal processing block for analyzing said detector-amplified electromagnetic radiation (Para. 0048 hyperspectral imaging processor).
Claim 4
Bares et al. (20180196246) discloses said detector also detects and amplifies said electromagnetic radiation directly emitted from said sample without being reflected by said reflective layer (Para. 0007 collecting fluorescent light emitted from the sample).
Claim 5
Bares et al. (20180196246) does not disclose wherein a reflective layer also reflects said LASER beam. Gourley (20150316464) teaches a reflective layer (Fig. 4, Ref. 34) that reflects the laser beam (Fig. 4, Ref. 20). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, wherein the reflective layer is fabricated to reflect laser light in order to aid in the processes to rapidly isolate, spatially locate and probe individual particles by light interaction to provide statistical information of optical properties of a large population of particles.
Claim 6
Bares et al. (20180196246) discloses said LASER beam's wavelength is within the visible or the infrared electromagnetic spectra (Fig. 9; Lasers 920 nm and 800 nm are within 380-1000 nm range of visible to infrared).
Claim 7
Bares et al. (20180196246) discloses a predefined angle of said first dichroic mirror to said source comprises +45 degrees and +135 degrees but precludes 180 degrees (Fig. 9, 45 degrees).
Claim 8
Bares et al. (20180196246) discloses a predefined angle of said reflective layer to said first dichroic mirror precludes 180 degrees (Fig. 9, 45 degrees).
Claim 9
Bares et al. (20180196246) discloses said labelled sample (fluorescently-labeled structures) comprises a labelled biological cell (Fig. 9, Sample; 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.)
Claim 10
Bares et al. (20180196246) discloses said labelled sample comprises a label that is a fluorescent dye (Fig. 9, Sample; 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
Bares et al. (20180196246) discloses said reflective layer is of a shape comprising rectangle or square or a combination thereof (Fig. 9; Examiner interprets Sample Stage to be a rectangular prism; thus the reflective layer is a rectangle).
Claim 13
Bares et al. (20180196246) discloses said electromagnetic radiation's wavelength is within a range between and including 423 nm and 763 nm (Para. 0045; visible spectrum, Para. 0069 “Use of more than two or three labels leads to inevitable spectral overlap, as the visible spectrum is limited to 400-700 nm.”).
Claim 14
Bares et al. (20180196246) discloses said source (Fig. 9, Ref. LASERS) is configured to emit a LASER beam with a wavelength within a range between and including 405 nm and 730 nm (Para. 0071; Ti:Sapph lasers 680-1020 nm).
Claim 16
Bares et al. (20180196246) discloses one or more additional mirror(s) to reflect said LASER beam towards said sample (Fig. 9, Ref. Scan Mirrors).
Claim 17
Bares et al. (20180196246) substantially teaches the claimed invention except that it does not show said reflective layer and a chamber constitute parts of the microfluidic chip. Gourley (20150316464) shows that it is known to provide said reflective layer (Fig. 4, Ref. 34) and a chamber (Fig. 4, Ref. 28) constitute parts of the microfluidic chip (Para. 0033) for a device measuring particles in an optical microcavity. It would have been obvious to combine the device of Bares et al. (20180196246) with the chamber listed above with that of Gourley (20150316464) before the effective filing date of the claimed invention for the purpose of providing a microfluidic device, wherein the support for holding said labelled sample is a microfluidic chip and the reflective layer is fabricated to said microfluidic chip in order to aid in the processes to rapidly isolate, spatially locate and probe individual particles by light interaction to provide statistical information of optical properties of a large population of particles.
Bares et al. (20180196246) in view of Gourley (20150316464) discloses the system said reflective layer (Gourley Fig. 15B: 170, 172; see para 0132) and a chamber (Gourley Fig. 15B: reservoirs 102, 104; see para 0130) constitute parts of the microfluidic chip.
Claim 19
Bares et al. (20180196246) 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
Bares et al. (20180196246) discloses said reflective layer forms a cavity in combination with said first dichroic mirror (Fig. 9; “cavity” interpreted to mean two reflective layers, as in Fig. 5 of the instant application; thus, in Bares Fig. 9, the Sample Stage would form a cavity with the Dichroic mirror directly above it as both are reflective).
Claim 21
Bares et al. (20180196246) discloses a method for detecting and/or measuring the fluorescence from a sample comprising: detecting and/or measuring a fluorescence signal emitted from a labelled sample (Para. 0049, “In the examples shown in Figs. 9 and 10... all available fluorescent light at each fluorescent imaging wavelength within a corresponding designated fluorescent imaging wavelength band in the corresponding optical channel output beam is collected and directed to the corresponding optical detector’).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bares et al. (20180196246) in view of Gourley (20150316464) and in further view of Dyba et al. (2007/0206278).
Claim 15
Bares et al. (20180196246) and Gourley (20150316464) 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 combine the device of Bares et al. (20180196246) and Gourley (20150316464) 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 devices.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bares et al. (20180196246) in view of Gourley (20150316464) 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
Bares et al. (20180196246) and Gourley (20150316464) substantially teaches the claimed invention except that it does not show the microfluidic chip is manufactured using a 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 is manufactured using aluminum [Title, Abstract] for a microfluidic device. It would have been obvious to combine the device of Bares et al. (20180196246) and Gourley (20150316464) 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 filed November 25, 2025 have been fully considered but they are not persuasive.
In the remarks dated 11/25/2025 applicant respectfully takes the position on pages 5-7 “None of the cited prior arts teaches or suggests the presence of a reflective layer behind the chamber to enhance the amount to light or electromagnetic radiation arriving at the detectors, let alone integrating a reflective layer behind the microfluidic chamber to improve fluorescence detection.”
The office respectfully takes the position on claim 1, that the combination of Bares et al. (20180196246) in view of Gourley (20150316464) clearly discloses the claimed limitations as presented to the office. The combination of Gourley (20150316464) clearly shows in Fig. 4 a chamber (Fig. 4 Ref. 28, resonant cavity) on a microfluidic chip (Para. 0033) with the reflective layer (Fig. 4, Ref. 34) behind the chamber (Ref. 28). It would be obvious having the reflective layer (Ref. 28) positioned behind the chamber (Ref. 28) would improve the fluorescence detection and therefore the combination of the prior art reads on the claimed invention as indicated in the above rejection. Dependent claims 2-10, 12-21 remain rejected as indicated in the above rejection.
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.
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/MICHAEL P STAFIRA/Primary Examiner, Art Unit 2877 January 12, 2026