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 .
Election/Restrictions
Applicant’s election without traverse of Invention 2, claims 1, 2 and 9-15 in the reply filed on 11/17/2025 is acknowledged.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the droplet control unit (claim 1) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1, 2 and 9-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim 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 1 is unclear reciting “the first lead group is configured to transmit a constant current to the temperature sensor, and the second lead group is configured to electrically connect the temperature sensor and an external voltmeter”, because it is unclear what structural configuration(s) are being claimed, and if limitation(s) following the phrase “configured to” are part of the claimed invention (i.e., electrical connection, external voltmeter). In addition, the recitation appears to be missing an element for transmitting a constant current to the temperature sensor.
Claims 9, 10, 12 and 13 are unclear because the claims recite elements that have not been positively claimed. For example, it is unclear if “an orthographic projection of the temperature-sensitive layer on the substrate” and “an orthographic projection of the light-shielding layer on the substrate” in claim 9 are part of the claimed invention. Similarly, it is unclear if “an orthographic projection of the first lead group on the substrate” and “an orthographic projection of the second lead group on the substrate” in claim 10; “an orthographic projection of the insulating layer on the substrate” in claim 12; and “an orthographic projection of the first electrode on the substrate and an orthographic projection of the second electrode on the substrate” in claim 13 are part of the claimed invention.
Claim 1 recites the limitation "the temperature detection unit" in L4. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "two of the first conductive pads, [...] two of the second conductive pads" in L6-7. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "leads in the first lead group and the second lead group" in L2. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the tooth electrodes of the first electrode and the tooth electrodes of the second electrode" in L4. There is insufficient antecedent basis for this limitation in the claim.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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.
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(s) 1 is/are rejected under 35 U.S.C. 102(a2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Soto-Moreno et al. (US 2022/0219172).
Regarding claim 1, Soto-Moreno et al. teach:
1. A microfluidic chip, comprising:
a substrate (e.g., bottom plate 151 Figs. 1B-1C & ¶ 0268+) and at least one microfluidic module (e.g., digital microfluidic (DMF) apparatus Abstract and throughout the reference) located on the substrate (see Fig. 1A for example), wherein the microfluidic module comprises a droplet control unit (e.g., actuation electrodes layer 106 ¶ 0270 & Figs. 1A-1C) and at least one temperature detection unit (e.g., thermal control sub-system 5721 Fig. 57 & ¶ 0402; The thermal subsystem may include the TECs, heat sinks/fans, and one or more thermal sensors (including thermal sensors configured to monitor temperature of the cartridge, e.g., the air gap region and/or one or more thermal sensors configured to monitor the temperature of/within the housing, of the TECs, etc.). ¶ 0403; temperature sensors, thermistors 405 ¶ 0047, 0270, 0284+; thermal sensors ¶ 0403+), and
wherein the temperature detection unit comprises a temperature sensor (e.g., temperature sensors, thermistors 405 ¶ 0047, 0270, 0284+; thermal sensors ¶ 0403+), a first lead group (see e.g., circuit board ¶ 0284-0285, 0447-0449; pins, contacts, pads, plugs, buttons, etc. ¶ 0424) and a second lead group (see e.g., circuit board ¶ 0284-0285, 0447-0449; pins, contacts, pads, plugs, buttons, etc. ¶ 0424), the temperature sensor is fixed on the substrate (see Figs. 4A-4C, 61B, 67B for example).
Regarding claim 1, the reference appears to teach: the first lead group and the second lead group are electrically connected with the temperature sensor respectively, see the temperature detection unit being electrically connected (e.g., circuit board ¶ 0284-0285, 0447-0449; pins, contacts, pads, plugs, buttons, etc. ¶ 0424; & Figs. 4A-4C, 8B, 61B, 67B). In the event that the limitation is not shown with sufficient specificity, then it would have been obvious to one having ordinary skill in the art to vary electrical connection of the circuit board to achieve desired function (see i.e., The actuation electrodes may be energized to move the droplets within the DMF device to different regions so that various reaction steps may be carried out under different conditions (e.g., temperature, combining with different reagents, magnetic regions, pump inlet regions, etc.) ¶ 0270; see also ¶ 0284, 0493+).
With regard to limitations in claims 1, 2, 14, 15 (e.g., [...] to transmit a constant current to the temperature sensor, and [...] to electrically connect the temperature sensor and an external voltmeter; the first direction is a direction in which a liquid droplet flows, etc.), these claim limitations are considered process or intended use limitations, which do not further delineate the structure of the claimed apparatus from that of the prior art. The cited prior art teaches all of the positively recited structure of the claimed apparatus. The Courts have held that a statement of intended use in an apparatus claim fails to distinguish over a prior art apparatus. See In re Sinex, 309 F.2d 488, 492, 135 USPQ 302, 305 (CCPA 1962). The Courts have held that the manner of operating an apparatus does not differentiate an apparatus claim from the prior art, if the prior art apparatus teaches all of the structural limitations of the claim. See Ex Parte Masham, 2 USPQ2d 1647 (BPAI 1987). The Courts have held that apparatus claims must be structurally distinguishable from the prior art in terms of structure, not function. See In re Danley, 120 USPQ 528, 531 (CCPA 1959); and Hewlett-Packard Co. V. Bausch and Lomb, Inc., 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (see MPEP §§ 2114 and 2173.05(g)).
Claim(s) 2 & 9-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Soto-Moreno et al. (US 2022/0219172).
Regarding claims 2, 10, 12, although Soto-Moreno et al. do not explicitly teach claimed electrical connections and orientation of leads, it would have been obvious to one of ordinary skill in the art at the time the invention was made to vary electrical connection of the circuit board to achieve desired function (see ¶ 0270, 0284, 0493+). In addition, the lead orientation would have been obvious to increase efficiency, desired function as well as reduce electrical shocks (¶ 0332, 0422+).
Regarding claims 9-12, modified Soto-Moreno et al. teach:
9. The microfluidic chip according to claim 2, wherein the temperature sensor comprises a temperature-sensitive layer (see i.e., thermistors may be embedded at any layer of the electrode PCB board ¶ 0285 & Figs. 4A-4C, thermistor inherently comprises a coating layer) and a light-shielding layer (see i.e., the DMF device (e.g., bottom plate) includes several layers, which may include layers formed on printed circuit board (PCB) material; these layers may include protective covering layers, insulating layers, and/or support layers (e.g., glass layer, ground electrode layer, hydrophobic layer; hydrophobic layer, dielectric layer, actuation electrode layer, PCB, thermal control layer, etc.). Any of these surfaces may be rigid (e.g., glass, PCB, polymeric materials, etc.) ¶ 0268; see also a region of the bottom of the cartridge (e.g., the dielectric film) may be transparent or optically permeable for imaging (e.g., fluorescence) ¶ 0355) located on the substrate (see i.e., thermistors may be embedded at any layer of the electrode PCB board ¶ 0285 & Figs. 4A-4C; the DMF device (e.g., bottom plate) includes several layers, which may include layers formed on printed circuit board (PCB) material; these layers may include protective covering layers, insulating layers, and/or support layers (e.g., glass layer, ground electrode layer, hydrophobic layer; hydrophobic layer, dielectric layer, actuation electrode layer, PCB, thermal control layer, etc.). Any of these surfaces may be rigid (e.g., glass, PCB, polymeric materials, etc.) ¶ 0268; see also a region of the bottom of the cartridge (e.g., the dielectric film) may be transparent or optically permeable for imaging (e.g., fluorescence) ¶ 0355), the light-shielding layer is located on a side of the temperature-sensitive layer away from the substrate (see ¶ 0268, 0284-0285 & Figs. 1 and 4 for example), and the temperature-sensitive layer is in direct contact with the first lead group and the second lead group respectively (see ¶ 0284-0285 & Figs. 4A-4C for example).
10. The microfluidic chip according to claim 9, wherein the temperature-sensitive layer, the first lead group and the second lead group are located in a same layer (see ¶ 0268, 0284-0285 & Figs. 1 and 4 for example).
11. The microfluidic chip according to claim 9, wherein a part of the temperature-sensitive layer is located in a same layer with leads in the first lead group and the second lead group, and another part of the temperature-sensitive layer extends to a part of surface of at least one lead in the first lead group and the second lead group, away from the substrate (see ¶ 0268, 0284-0285 & Figs. 1 and 4 for example).
12. The microfluidic chip according to claim 9, wherein the temperature sensor further comprises an insulating layer (see e.g., insulating layers ¶ 0268), the insulating layer is located between the temperature-sensitive layer (204) and the light-shielding layer (see ¶ 0268, 0270 for example),
Regarding claim 15, modified Soto-Moreno et al. teach: 15. The microfluidic chip according to claim 9, wherein the temperature-sensitive layer further comprises a hollow area (e.g., cavity or void ¶ 0347), the hollow area extends along the first direction (see Fig. 29 for example). However, Soto-Moreno et al. do not explicitly teach: a maximum size of the hollow area along the first direction is less than or equal to a half of a maximum size of the temperature-sensitive layer along the first direction. It would have been obvious to one of ordinary skill in the art at the time the invention was made to further modify the device of Soto-Moreno et al. to have a maximum size of the hollow area along the first direction is less than or equal to a half of a maximum size of the temperature-sensitive layer along the first direction, to control the temperature (Soto-Moreno et al. ¶ 0345, 0347-0348).
Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Soto-Moreno et al. (US 2022/0219172) in view of Arisaka (US 2007/0113648).
Regarding claims 13-14, modified Soto-Moreno et al. teach: 13. The microfluidic chip according to claim 9, wherein the temperature sensor further comprises a first electrode and a second electrode that are not connected to each other (see Fig. 67B & ¶ 0449-0450 for example), and the first electrode, the second electrode, respective leads in the first lead group , and respective leads in the second lead group are in a same layer (see Fig. 67B & ¶ 0449-0450 for example). Regarding the first electrode is electrically connected with the first lead and the third lead respectively, and the second electrode is electrically connected with the second lead and the fourth lead respectively, it would have been obvious to one of ordinary skill in the art at the time the invention was made to vary electrical connection of the circuit board to achieve desired function (see ¶ 0270, 0284, 0493+).
Although Soto-Moreno et al. teach a gear-shaped conductive vias 3105 (Fig. 31A), the reference does not explicitly teach: wherein both the first electrode and the second electrode are a gear-shaping electrode; 14. The microfluidic chip according to claim 13, wherein the gear-shaping electrode comprises at least three tooth electrodes extending in the first direction, and a connecting electrode extending in a direction perpendicular to the first direction, the connecting electrode electrically connects one ends of the respective tooth electrode, and the tooth electrodes of the first electrode and the tooth electrodes of the second electrode are spaced from each other, and an interval from the tooth electrodes of the first electrode to the tooth electrodes of the second electrode in the direction perpendicular to the first direction is less than or equal to 50 μm, wherein the first direction is a direction in which a liquid droplet flows.
Arisaka teaches: wherein both a first electrode (15) and a second electrode (16) are a gear-shaping electrode (see Fig. 2A for example); wherein the gear-shaping electrode comprises at least three tooth electrodes (e.g., comb-teeth electrode portion 15b) extending in the first direction (see Fig. 2A for example), and a connecting electrode (e.g., 15a) extending in a direction perpendicular to the first direction (see Fig. 2A for example), the connecting electrode electrically connects one ends of the respective tooth electrode, and the tooth electrodes of the first electrode and the tooth electrodes of the second electrode are spaced from each other (see Fig. 2A for example).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device of Soto-Moreno et al. with the teachings of Arisaka to adjust capacitance between electrodes (Arisaka ¶ 0024). Although Arisaka does not explicitly teach: an interval from the tooth electrodes of the first electrode to the tooth electrodes of the second electrode in the direction perpendicular to the first direction is less than or equal to 50 μm, it would have been obvious to one of ordinary skill in the art at the time the invention was made to adjust an interval from the tooth electrodes of the first electrode (205) to the tooth electrodes of the second electrode (206) in the direction perpendicular to the first direction (OA) is less than or equal to 50 μm to improve the sensitivity (Arisaka ¶ 0024).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEAN KWAK whose telephone number is (571)270-7072. The examiner can normally be reached M-TH, 4:30 am - 2:30 pm EST.
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/DEAN KWAK/Primary Examiner, Art Unit 1798
DEAN KWAK
Primary Examiner
Art Unit 1798