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 .
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 19-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cauley et al. (US 2021/0008559). Cauley teaches systems for preparing a dried reagent and methods for rehydrating and mixing the reagent. The embodiments of the device most relevant to the instant claims are shown in Figures 2-6.
Regarding claims 19 and 25 – As shown in Figures 2 and 6, Cauley teaches a liquid reservoir (indention of microfluidic device 670 for receiving capsule 210/610) having a base (bottom of indention), a side wall that extends from the base (side walls of the indention), and a distal opening (top opening of the indention); a dry reagent cup assembly (capsule 610) coupled to the liquid reservoir and comprising: a dry reagent cup (200/600) having a cup base (bottom 230), a cup side wall (wall 235) that extends from the cup base (bottom 230), and a cup opening (opening 212), the distal opening of the liquid reservoir (top of opening of the indention of device 670) facing the cup opening (opening 212); and a liquid impermeable barrier covering the cup opening and separating the liquid reservoir and the dry reagent cup, wherein the dry reagent cup is movable between an initial position outside of the liquid reservoir (unattached to the device 670) and a rehydrating position (attached to the device 670) where the dry reagent cup pierces and passes through an opening in the liquid impermeable barrier and is received within the liquid reservoir. With respect to method claim 25, Cauley teaches puncturing the seal of the capsule (610) and then placing it in the indented portion of the microfluidic device (670) in Paragraphs 0153-0154.
Regarding claim 20 – Cauley teaches a releasable attachment between the capsule (610) and microfluidic device (670) in Paragraph 0153 and further teaches connection tabs in Paragraph 0154.
Regarding claims 21, 22 and 23 – Figures 2 and 6 of Cauley show the capsule (210/610) having a planar portion (planar layer 250) attached to a frustum portion (interior surface 211) having a liquid impermeable barrier (see Paragraph 0115 of Cauley which teaches the barrier).
Regarding claim 24 – Cauley discloses a plurality of capsules in Paragraphs 0161-0165.
Claims 1-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ginzburg et al. (US 20120211459). Ginzburg teaches a liquid container having a cap with a solid component that may be released into the liquid container. The embodiments of the device most relevant to the instant claims are shown in Figures 1 and 5A-5D and described in Paragraphs 0033-0045 and in the claims.
Regarding claims 1, 2, 3 and 4 – Ginzburg teaches a liquid reservoir (container 20) having a base (bottom of container), a side wall (neck 22) that extends from the base, and a distal opening (top opening of the indention); a dry reagent cup assembly (cap 60 and adapter 30) coupled to the liquid reservoir (container 20) and comprising: a dry reagent cup (cup 60) having a cup base (top of cap), a cup side wall (cap sidewall 32) that extends from the cup base, and a cup opening (open end 68), the distal opening of the liquid reservoir (container 20) facing the cup opening; and a liquid impermeable barrier (seal 66) covering the cup opening (open end 68) and separating the liquid reservoir (container 20) and the dry reagent cup, wherein the dry reagent cup (adapter 30 and cap 60) is movable between an initial position outside of the liquid reservoir and a rehydrating position where the dry reagent cup pierces and passes through an opening in the liquid impermeable barrier and is received within the liquid reservoir. See Figures 5A-5D and Paragraphs 0043-0045 where Ginzburg teaches moving the adapter (30) to force the spike element (50) of the adapter (30) into the container (20) and release the powder (P) in the cap (60) into the container (20).
Regarding claims 5, 6, 7 and 8 – Ginzburg shows cup side wall (extension 32) having an asymmetric protrusion (spike 50) that includes multiple flat portions (56, 58) and multiple protrusion members (52, 54, 58).
Regarding claims 9, 10 and 11 – Ginzburg discloses a plurality of protrusions (spike members 50) located at different locations in Figure 1 and claims 2-3.
Regarding claims 12, 13 and 14 – Ginzburg teaches a fiction fit between the adapter (30) and container (20) in the claims. The Examiner considers the space between the extension (32) and spik (50) to meet the limitation of the bore element.
Regarding claim 15 – Ginzburg teaches a seal (28) over the container (20) opening in Figures 1 and 5A-5D and Paragraphs 0034, 0043 and the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DWAYNE K HANDY whose telephone number is (571)272-1259. The examiner can normally be reached M-F 10AM-7PM.
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/DWAYNE K HANDY/Examiner, Art Unit 1798 February 06, 2026
/CHARLES CAPOZZI/Supervisory Patent Examiner, Art Unit 1798