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 .
Election/Restrictions
Applicant’s election without traverse of Group 1 claims 1-18 in the reply filed on 01/14/2026 is acknowledged. Claims 27 and 28 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/14/2026.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 10/17/2022, 01/04/2024, 10/15/2025, 01/13/2026 were filed before the mailing date of the FAOM. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim 7 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth 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 7 lines 6-7 recite “allowing a from the sound fluid inlet” and is unclear because there appears to be a word missing between “a” and “from”. For prosecution, the limitation will be interpreted to mean a “allowing a fluid from the sound fluid inlet”.
Claim 18 lines 3 recites “the corresponding channel” and there is insufficient antecedent basis for this limitation in the claim. For prosecution, the limitation “corresponding channel” will be interpreted to mean the first channel in 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.
Claims 1-14 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kramer (US Pat No. 5,431,880A published 07/11/1995).
Regarding claim 1, Kramer teaches a fluid laying device (an improved light transmittance type optical system – column 3 line 25) for laying fluid on a flow cell carrier, the fluid laying device comprising:
a manifold block (an instrument 65 – Fig. 3), the manifold block defining a first channel (the channel 92 – Fig. 3), the manifold block comprising a first fluid inlet communicating with the first channel (a bore connected to the distribution valve 96 and communicating to the valves 95 and 105 – Fig. 3), a first fluid outlet (an outlet of valve 94 – Fig. 3), and a plurality of carrier interfaces (pairs of O-rings 79 and 83, 80 and 84, 81 and 85 – Fig. 3);
wherein each of the plurality of carrier interfaces defines a first hole (each of the O-rings 79, 80, 81 defines a center hole – Fig. 3), the first hole of each of the plurality of carrier interfaces is configured to connect one of a channel inlet and at least one channel outlet of the flow cell carrier (each center hole is capable of connecting to an inlet and outlet of a flow cell carrier – Fig. 3) (“flow cell carrier” is not positively recited and deemed to read on a hole capable of connecting to a flow cell carrier; see MPEP2114II);
wherein an inlet valve device (one-way valve 105 – Fig. 3), a bypass valve device (valve 95 – Fig. 3), and a plurality of outlet valve devices (valves 101,102,103 – Fig. 3) are provided on the manifold block; the inlet valve device and the plurality of outlet valve device correspond to the plurality of carrier interfaces one-to-one (the valve 105 and valves 101,102,103 corresponds one-to-one to the pairs of O-rings 79 and 83, 80 and 84, 81 and 85 – Fig. 3), and are disposed on fluid paths from the corresponding carrier interfaces to the first channel for opening or closing the fluid paths (valve 105, valves 101,102,103 are disposed on fluid paths from the corresponding pairs of O-rings 79 and 83, 80 and 84, 81 and 85 to the channel 92 – Fig. 3);
wherein the first channel comprises a first section (a first section between the distribution valve 96 and the bypass valve 95 – Fig. 3) and a second section (a second section between the bypass valve 95 and the outlet located downstream the valve 94 – Fig. 3), the bypass valve device is between the first section and the second section to control connection or disconnection between the first section and the second section (the bypass valve 95 is located between the first and second sections and capable of connecting and disconnecting the first section and the second section – Fig. 3), the inlet valve device is connected to the first section (the one-way valve 105 is connected to the first section – Fig. 3), and the plurality of outlet valve devices is connected to the second section (valves 101,102,103 are connected to the second section – Fig. 3).
Regarding claim 2, Kramer teaches the fluid laying device according to claim 1, wherein the fluid laying device further comprises a support table (a top surface of the base housing member 66 – Fig. 3) and a carrier mounting table (a bottom surface of an upper housing member 67 – Fig. 3), the carrier mounting table and the manifold block are disposed on the support table (the bottom surface of the upper housing member 67 and the base housing member 66 are disposed on the top surface of the base housing member 66 – Fig. 3), and the carrier mounting table is configured to mount the flow cell carrier (the bottom surface of the upper housing member 67 is capable of holding a flow cell carrier – Fig. 3).
Regarding claim 3, Kramer teaches the fluid laying device according to claim 2, wherein the carrier mounting table is configured to adsorb the flow cell carrier by vacuum adsorption or low-pressure adsorption (the instrument 65 is capable of low-pressure adsorption via a vacuum pump 87 – column 7 lines 6-8) (“flow cell carrier” is not positively recited and deemed to read on surface capable of adsorbing a flow cell carrier; see MPEP2114II), and/or, the manifold block surrounds the carrier mounting table (“and/or” is interpreted as or).
Regarding claim 4, Kramer teaches the fluid laying device according to claim 1, wherein the manifold block further defines a second channel (a channel 76 – Fig. 3), the manifold block further comprises a second fluid outlet communicating with the second channel (an outlet tube 77 connected to the channel 76 – Fig. 3), each of the plurality of carrier interfaces defines a second hole (a center hole in each O-rings 83, 84, 85 – Fig. 3), and the second hole of each of the plurality of carrier interfaces is configured to communicate with the second channel (the center hole in each O-rings 83, 84, 85 is connected to the channel 76 – Fig. 3).
Regarding claim 5, Kramer teaches the fluid laying device according to claim 4, wherein the plurality of carrier interfaces disconnecting from the channel inlet (the pairs of O-rings are capable of being disconnected from an inlet of a flowcell carrier – Fig. 3) (“flow cell carrier” is not positively recited and deemed to read on an interface capable of connecting to a flow cell carrier; see MPEP2114II) and the at least one channel outlet of the flow cell carrier allows a fluid in the first channel to pass through the first hole of the corresponding carrier interface and enter the second hole of the corresponding carrier interface (the pairs of O-rings are capable of being connected to an outlet of a flowcell carrier – Fig. 3), and to finally flow out from the second fluid outlet through the second channel (the outlet tube 77 allows a fluid to flow through channel 76 – Fig. 3).
Regarding claim 6, Kramer teaches the fluid laying device according to claim 4, wherein the manifold block further defines a second fluid inlet communicating with the second channel (a vertical bore 73 connected to the channel 76 – Fig. 3), each of the plurality of carrier interfaces comprises at least two second holes (each of the pairs of O-rings 79 and 83, 80 and 84, 81 and 85 comprising a bottom hole leading to vertical bores 68, 69 and 70, respectively, and a top hole leading to test device bores 57, 58 and 59, respectively – Figs. 2-3 and column 6 lines 44-46), the second channel is divided into a plurality of sections by the plurality of carrier interfaces (a section between vertical bore 68 and the test device 10 – Fig. 3) (a section between vertical bore 69 and the test device 10 – Fig. 3) (a section between vertical bore 70 and the test device 10 – Fig. 3), adjacent two of the plurality of sections communicate with each other through the second holes of the corresponding carrier interface (a transverse bore 75 connecting adjacent two sections via the top and bottom holes – Fig. 3), thereby allowing the fluid from the second fluid inlet to flow out from the second fluid outlet after passing through the plurality of carrier interfaces in sequence (a fluid is capable of flowing through the pairs of O-rings, through the vertical bore 73, and through the outlet tube 77 – Fig. 3).
Regarding claim 7, Kramer teaches the fluid laying device according to claim 1, wherein the manifold block further defines a second channel (a channel 76 – Fig. 3) and a third channel (a bore 75 – Fig. 3), the manifold block further comprises a second fluid inlet communicating with the second channel (a vertical bore 69 connecting to the channel 76 – Fig. 3) and a second fluid outlet communicating with the third channel (an outlet tube 77 connected to the bore 75 – Fig. 3), each of the plurality of carrier interfaces has at least two second holes (each of the pairs of O-rings 79 and 83, 80 and 84, 81 and 85 comprising a bottom hole leading to vertical bores 68, 69 and 70, respectively, and a top hole leading to test device bores 57, 58 and 59, respectively, in the test device 10 – Figs. 2-3 and column 6 lines 44-46), two of the at least two second holes communicate with the second channel and the third channel (the top and bottom holes of each O-ring pair is connected to the channel 76 and the bore 75 – Fig. 3), thereby allowing a from (“a from” is interpreted as “a fluid from”; see 112b rejection) the second fluid inlet to flow out from the second fluid outlet after passing through the plurality of carrier interfaces in sequence (the vertical bore 69 is capable of allow a fluid to flow sequentially through the top and bottom holes of the O-ring pairs to the outlet tube 77 – Fig. 3).
Regarding claim 8, Kramer teaches the fluid laying device according to claim 4, wherein a sealing ring is arranged in each of the plurality of carrier interfaces (a top and bottom pair of circular grooves arranged around each pair of O-ring – Fig. 3 and column 6 lines 64-65), and each sealing ring defines a first hole communicating the first hole of the corresponding carrier interface (each pair of circular grooves comprising a bottom hole leading to the center hole of each O-rings 79, 80, 81 – Fig. 3 and column 6 lines 64-65).
Regarding claim 9, Kramer teaches the fluid laying device according to claim 8, wherein each sealing ring further defines a second hole communicating with the second hole of the corresponding carrier interface (each pair of circular grooves comprising a top hole in the leading to the center hole of each O-rings 83, 84, 85 – Fig. 3 and column 6 lines 64-65), the second hole of the sealing ring allows the fluid from the first hole of the sealing ring to enter the second hole of the corresponding carrier interface (the top hole allows a fluid from the bottom hole to flow into the center hole of each O-rings 83, 84, 85 – Fig. 3).
Regarding claim 10, Kramer teaches the fluid laying device according to claim 9, wherein each sealing ring comprises a central portion (a central portion between each pair of circular grooves for holding the test device 10 – Fig. 3) and a ring body sleeved on the central portion (a bottom surface of the circular groove holding the O-rings 79, 80, 81 – Fig. 3 and column 6 lines 64-65), the ring body abuts against a wall of the corresponding carrier interface (the bottom of the circular groove abuts against a side of the O-rings 79, 80, 81 – Fig. 3 and column 6 lines 64-65), the first hole of the sealing ring is defined on the central portion (each bottom hole leading to the each O-rings 79, 80, 81 is formed on the central portion between each pair of circular grooves – Fig. 3), and the second hole is defined on the ring body (each top hole leading to the O-rings 83, 84, 85 is formed on the central portion between each pair of circular grooves – Fig. 3) and communicates an upper side and a lower side of the ring body with each other (each top hole leading to the O-rings 83, 84, 85 is connected to the bottom hole leading to the each O-rings 79, 80, 81 – Fig. 3).
Regarding claim 11, Kramer teaches the fluid laying device according to claim 9, wherein each sealing ring comprises a central portion (a central portion between each pair of circular grooves for holding the test device 10 – Fig. 3), a ring body (a bottom surface of the circular groove holding the O-rings 79, 80, 81 – Fig. 3 and column 6 lines 64-65), and a connecting portion connecting the ring body and the central portion (a sealed portion 64 of the test device 10 with bores 57, 58 and 59 – Figs. 1-2), the ring body abuts against a wall of the corresponding carrier interface (the bottom of the circular groove abuts against a side of the O-rings 79, 80, 81 – Fig. 3 and column 6 lines 64-65), the first hole of the sealing ring is defined on the central portion (each bottom hole leading to the each O-rings 79, 80, 81 is formed on the central portion between each pair of circular grooves – Fig. 3), and the second hole is defined on the connecting portion (each top hole leading to the O-rings 83, 84, 85 is formed on the central portion between each pair of circular grooves – Fig. 3) and communicates an upper side and a lower side of the connecting portion with each other (each top hole leading to the O-rings 83, 84, 85 is connected to the bottom hole leading to the each O-rings 79, 80, 81 – Fig. 3).
Regarding claim 12, Kramer teaches the fluid laying device according to claim 1, wherein the fluid laying device further comprises the flow cell carrier (a test device 10 – Figs. 2-3), the flow cell carrier comprises a base (a bottom layer 13 – Fig. 2) and a cover (a top layer 12 – Fig. 2), a channel is formed between the base and the cover (a channel 52 – Figs. 1-2), and a portion of the manifold block constitutes the cover (a housing projection 78 covering the test device 10 – Figs. 3).
Regarding claim 13, Kramer teaches the fluid laying device according to claim 12, wherein the portion of the manifold block constituting the cover defines the channel inlet (an entry port 49 of the test device 10 – Figs. 1-2) (the housing projection 78 covering the entry port 49 – Figs. 1-3), and the channel inlet and the at least one channel outlet (an exit port 48 of the test device 10 – Figs. 1-2) communicate with the channel (channel 52 is connected to the entry port 49 and exit port 48 – Figs. 1-3).
Regarding claim 14, Kramer teaches the fluid laying device according to claim 13, wherein at least one groove (a section of the channel from the valve 94, to a conduit 99, and a bore 69 – Fig. 3) for rectification of fluid is defined on a side of the manifold block facing the base (the bore 69 of the section is facing the bottom layer 13 and is capable of rectification of fluid – Fig. 3), the at least one groove communicates with the channel inlet and at least one of the channel outlet (the bore 69 of the section is connected to the entry port 49 and exit port 48 of the test device 10 – Fig. 3), and/or the groove communicates with a portion or all of the at least one channel outlet (“and/or” is interpreted as or).
Regarding claim 18, Kramer teaches the fluid laying device according to claim 1, wherein the manifold block comprises a plurality of sub-blocks (a section between valve 101 and a test device 10 – Fig. 3) (a section between valve 102 and a test device 10 – Fig. 3) (a section between valve 103 and a test device 10 – Fig. 3), and each of the plurality of sub-block communicates with the corresponding channel through a pipeline (each section is connected with the channel 92 through a bore 68, 69, 70 respectively – Fig. 3).
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.
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.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Kramer in view of Hirano (US20110052446A1 published 03/03/2011; hereinafter Hirano).
Regarding claim 15, Kramer teaches the fluid laying device according to claim 14, wherein the portion of the manifold block constituting the cover defines one channel inlet (the housing projection 78 covering the entry port 49 – Figs. 1-3), the fluid inlet and the fluid outlets are not on a same straight line (the entry port 49 and the exit port 48 are not on a same straight line – Figs. 1-2).
However, Kramer does not teach a flow cell carrier comprising three channel outlets.
Hirano teaches flow cell filling method wherein a flow cell carrier comprising three channel outlets (a flowcell slide apparatus 82 comprising a conduit 118, a conduit 120, a conduit 116 – Fig. 8 and paragraph 75). Hirano teaches to use multiple outlets to pressurize a wash solution injector and to assist in removing liquids using a vacuum source (paragraph 72).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the test device, as taught by Kramer, with the multiple outlets, taught by Hirano, to pressurize a wash solution injector and to assist in removing liquids using a vacuum source. One of ordinary skill would have expected that this modification could have been performed with a reasonable expectation of success because Kramer and Hirano teach fluidic systems for flow cells.
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Kramer, modified by Hirano, in view of Marie et al (US20130224736A1 published 08/29/2013; hereinafter Marie).
Regarding claim 16, Kramer, modified by Hirano, teaches the fluid laying device according to claim 15.
However, Kramer, modified by Hirano, does not teach wherein the flow cell carrier is square, and the channel inlet and the channel outlets are distributed at four corners of the flow cell carrier.
Marie teaches a microfluidic system wherein the flow cell carrier is square (the reaction chamber 501 – Fig. 5a) (Like the embodiment of FIG. 2, the reaction chamber 501 has a square layout – paragraph 80), and the channel inlet (fluid connection channel 510 – Fig. 5a) and the channel outlets (fluid connection channels 511, 514, 515 – Fig. 5a) are distributed at four corners of the flow cell carrier (fluid connection channels 510, 511, 514, 515 are at the four corners of the reaction chamber 501 – Fig. 5a). Marie teaches to sue a square reaction chamber layout and sample fluid inlet/outlet configuration for an improved distribution of the sample fluid flow throughout the reaction chamber (paragraph 80).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the test device, as taught by Kramer as modified by Hirano, with the shape and arrangement of the inlet/outlet, taught by Marie, for an improved distribution of the sample fluid flow throughout the reaction chamber. One of ordinary skill would have expected that this modification could have been performed with a reasonable expectation of success because Kramer, Hirano, and Marie teach system from processing microfluid devices.
Regarding claim 17, Kramer, as modified by Hirano modified by Marie, teaches the fluid laying device according to claim 16, wherein the at least one groove for rectification of fluid is L-shaped and communicates with the three channel outlets (the section of the channel from valve 94, to the conduit 99, and the bore 69 is L shaped – Kramer Fig. 3) (Kramer, as modified by Hirano modified by Marie, teaches the section is connected to the three outlets of the test device 10 – Kramer Fig. 3 and Marie Fig. 5a).
Conclusion
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/T.C.S./Examiner, Art Unit 1796
/ELIZABETH A ROBINSON/Supervisory Patent Examiner, Art Unit 1796