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 Objections
Claims 5-20 are objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim should refer to other claims in the alternative only and/or cannot depend from any other multiple dependent claims. See MPEP § 608.01(n). Accordingly, the claims 5-20 not been further treated on the merits.
Claim Rejections - 35 USC § 102
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 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Johnson (US 2020/0206743).
Regarding claim 1, Johnson discloses a lateral flow device (fig. 1-3) for analysing a sample of liquid (the sample of liquid is not positively recited as being part of the invention and can be added at a later time. Claim 1 is drawn to the lateral flow device and its structures), the lateral flow device comprising:
a sample receiving zone (well 104) for receiving the sample to be analysed (a sample is not positively recited in the device);
a first lateral flow strip (209) configured to respond to a first volume of the sample (a sample is not positively recited in the device);
a second lateral flow strip (309) configured to respond to a second volume of the sample, wherein the second volume is greater than the first volume (this limitation does not further structurally limit the instant claim because the sample of liquid is not positively recited as being part of the invention. The prior art is structurally capable of accepting more volume on the second lateral flow strip than the first lateral flow strip);
a first well (one of capillaries 204/105; para 32-34) configured to receive the first volume of the sample from the sample receiving zone (this limitation does not further structurally limit the instant claim because the sample of liquid is not positively recited as being part of the invention), the first well comprising a first flow restriction outlet located adjacent the first lateral flow strip (the capillary has an outlet located adjacent the first flow strip 209);
a second well (one of capillaries 204/105 that is not the first capillary interpreted as the first well above; para 32-34) configured to receive the second volume of the sample from the sample receiving zone (this limitation does not further structurally limit the instant claim because the sample of liquid is not positively recited as being part of the invention), the second well comprising a second flow restriction outlet located adjacent the second lateral flow strip (the capillary has an outlet located adjacent the first flow strip 309);
wherein the lateral flow device comprises a pre-actuation configuration and an actuated configuration,
wherein the first and second flow restriction outlets are configured such that, in use, in the pre-actuation configuration, a first surface tension of the first volume of the sample within the first well prevents the first volume of the sample passing through the first flow restriction outlet and a second surface tension of the second volume of the sample within the second well prevents the second volume of the sample passing through the second flow restriction outlet (As noted above, the volume of liquid can be added to the device at a later time and is therefore not part of the lateral flow device. These limitations are drawn to process/intended use limitation that do not further structurally limit the instant claim. Applicant is urged to claim structures associated with the pre-actuated configuration that can then transition to the actuated configuration); and
wherein, in the actuated configuration, (a) the first flow restriction outlet is located sufficiently proximate the first lateral flow strip (the capillaries are adjacent to the lateral flow strips 209/309. The lateral flow strips can be parallel to each other, par. 37) such that the first volume of the sample makes contact with the first lateral flow strip and is drawn along the first lateral flow strip thereby overcoming the first surface tension; and (b) the second flow restriction outlet is located sufficiently proximate the second lateral flow strip (the capillaries are adjacent to the lateral flow strips 209/309. The lateral flow strips can be parallel to each other, par. 37) such that the second volume of the sample makes contact with the second lateral flow strip and is drawn along the second lateral flow strip thereby overcoming the second surface tension (these limitations are drawn to process/intended use limitation that do not further structurally limit the instant claim. Applicant is urged to claim structures associated with the pre-actuated configuration that can then transition to the actuated configuration).
Regarding claim 2, the lateral flow device of claim 1 further comprising a flow path extending between the sample receiving zone (104) and a sink region (second part of housing which holds the test strips, 101-b) which is located after the first and second wells), wherein the first and second wells (105/204) are located in the flow path between the sample receiving zone (104) and the sink region (101-b).
Regarding claim 3, the lateral flow device of claim 1 or claim 2 wherein the lateral flow device further comprises a buffer capsule associated with the first lateral flow strip (para 33-34).
Regarding claim 4, the lateral flow device of claim 3 wherein the actuation mechanism is further configured to actuate the buffer capsule such that a buffer solution in the buffer capsule is released onto the first lateral flow strip (this limitation does not further structurally limit the instant claim because there is no structure associated to actuate the buffer capsule).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL P SIEFKE whose telephone number is (571)272-1262. The examiner can normally be reached Monday-Friday 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Maris Kessel can be reached at 571-270-7698. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAMUEL P SIEFKE/Primary Examiner, Art Unit 1758
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