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 Group I and Species A (figures 1-3) in the reply filed on 1/16/2026 is acknowledged.
Applicant alleges claim 1-24 read on the elected Group I and Species A of figures 1-3. However, claims 2-4, 11, 21, 23 and 24 are further identified as reading on non-elected species. In particular, the limitation of a controller (reference #50, 100, 107), wireless communication components (reference #50) as set forth in claims 2-4, 11, 21, 23 and 24 are shown in figure 5, which is directed to Species C. Accordingly, claims 2-4, 11, 21, 23 and 24 are withdrawn to non-elected species embodiments.
Claims 1, 5-10, 12-20 and 22 are taken up for examination upon the elected invention and species. Claims 2-4, 11, 21, 23 and 24 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention and species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 1/16/2026.
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.
Claim(s) 1, 5-10, 12-14, 16-18, 20 and 22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sharon et al. (U.S. Patent Pub. No. 2012/0077260).
Regarding claim 1, Sharon et al. discloses a microfluidic mixing platform (title; figures 3A and 3B) comprising:
at least a first input port (figure 3A and 3B, connection to VI1) and a second input port (figures 3A and 3B, connection to VI2);
at least a first output port (figures 3A and 3B, connection out of VE1);
a flow path interconnecting the first input port, the second input port, and the first output port (see figures 3A and 3B);
at least a first switch valve downstream of the first input port and upstream of the first output port (figures 3A and 3B, reference VI1; [0036]-[0037]), and at least a second switch valve downstream of the second input port and upstream of the first output port (figures 3A and 3B, reference VI2; [0036]-[0037]); and
at least a first mixing feature downstream of the first and second switch valves and upstream of the first output port (figures 3A and 3B, “mixer”; [0036]-[0037]);
wherein the first switch valve is switchable between at least a first state and a second state, wherein in the first state the first switch valve allows the first input port to be fluidly connected via the flow path to the first mixing feature, and wherein in the second state the first switch valve prevents the first input port from being fluidly connected to the first mixing feature (figures 3A and 3B, reference VI1; [0036]-[0037]), and
wherein the second switch valve is switchable between at least a first state and a second state, wherein in the first state the second switch valve allows the second input port to be fluidly connected via the flow path to the first mixing feature, and wherein in the second state the second switch valve prevents the second input port from being fluidly connected to the first mixing feature (figures 3A and 3B, reference VI2; [0036]-[0037]).
Regarding claim 5, Sharon et al. discloses a third switch valve downstream of the first mixing feature and upstream of the first output port, wherein the third switch valve is switchable between at least a first state and a second state, wherein in the first state the third switch valve allows the first mixing feature to be fluidly connected via the flow path to the first output port, and wherein in the second state the third switch valve prevents the first mixing feature from being fluidly connected to the first output port (figures 3A and 3B, VE1; [0036]-[0037]).
Regarding claim 6, Sharon et al. discloses a waste output port downstream of the first mixing feature (figure 3A, connection out of VE2; figure 3B, connection out of VE2, “waste”).
Regarding claim 7, Sharon et al. discloses a third switch valve downstream of the first mixing feature and upstream of the waste output port, wherein the third switch valve is switchable between at least a first state and a second state, wherein in the first state the third switch valve allows the first mixing feature to be fluidly connected via the flow path to the waste output port, and wherein in the second state the third switch valve prevents the first mixing feature from being fluidly connected to the waste output port (figures 3A and 3B, reference VE2; [0036]-[0037]).
Regarding claim 8, Sharon et al. discloses a third input port interconnected to the first output port by the flow path (figure 5A, reference #80).
Regarding claim 9, Sharon et al. discloses wherein the third input port is upstream of the first mixing feature (figure 5A, reference #80 upstream reference #30).
Regarding claim 10, Sharon et al. discloses a third switch valve downstream of the third input port and upstream of the first output port, wherein the third switch valve is switchable between at least a first state and a second state, wherein in the first state the third switch valve allows the third input port to be fluidly connected via the flow path to the first mixing feature, and wherein in the second state the third switch valve prevents the third input port from being fluidly connected to the first mixing feature (figures 5A and 5C, reference #80).
Regarding claim 12, Sharon et al. discloses wherein the first and third input ports are capable for the introduction of materials, and wherein the second input port is capable for the introduction of clearing buffer (figures 3A and 3B, connection to VI1 and VI2; figures 5A and 5C, reference #10, 20 and 80). The limitation is directed to the material or article worked upon which does not further limit an apparatus claim. Said limitations do not differentiate apparatus claims from prior art. See MPEP § 2115. See Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969) that states “Expressions relating the apparatus to contents thereof and to an intended operation are of no significance in determining patentability of the apparatus claim.” Any of the input ports are capable to introduce any of the materials.
Regarding claim 13, Sharon et al. discloses wherein the first and second input ports are for the introduction of materials (figures 3A and 3B, connection to VI1 and VI2; figures 5A and 5C, reference #10 and 20), and wherein the third input port is for the introduction of clearing buffer (figures 5A and 5C, reference #80, “elution buffer”). The limitation is directed to the material or article worked upon which does not further limit an apparatus claim. Said limitations do not differentiate apparatus claims from prior art. See MPEP § 2115. See Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969) that states “Expressions relating the apparatus to contents thereof and to an intended operation are of no significance in determining patentability of the apparatus claim.”
Regarding claim 14, Sharon et al. discloses wherein the output port is for the exit of materials having been mixed in the first mixing feature (figures 3A and 3B, connection out of VE1 and its connection to mixed materials from mixer and VI1 and VI2; figure 3C; [0036]-[0038]).
Regarding claim 16, Sharon et al. discloses wherein at least one of the first and second switch valves comprises a valve selected from a group consisting of: a socket valve; a rocker valve; a flipper valve; a plunger valve; a capillary valve; and a ball valve ([0119]-[0120]).
Regarding claim 17, Sharon et al. discloses wherein at least one of the first and second switch valves is switchable between the first state and the second state in response to volumetric pressure ([0117]-[0120]).
Regarding claim 18, Sharon et al. discloses wherein at least one of the first and second switch valves is switchable between the first state and the second state in response to pneumatic pressure ([0117]-[0120]).
Regarding claim 20, Sharon et al. discloses
a third switch valve downstream of the first input port and upstream of the output port (figure 5A and 5C, reference #80);
a fourth switch valve downstream of the second input port and upstream of the output port (figures 5A and 5C, reference #90); and
a second mixing feature downstream of the third and fourth switch valves and upstream of the output port (figures 5A and 5C, reference #110),
wherein the third switch valve is switchable between at least a first state and a second state, wherein in the first state the third switch valve allows the first input port to be fluidly connected via the flow path to the second mixing feature, and wherein in the second state the third switch valve prevents the first input port from being fluidly connected to the second mixing feature (figure 5A and 5C, reference #80), and
wherein the fourth switch valve is switchable between at least a first state and a second state, wherein in the first state the fourth switch valve allows the second input port to be fluidly connected via the flow path to the second mixing feature, and wherein in the second state the fourth switch valve prevents the second input port from being fluidly connected to the second mixing feature (figure 5A and 5C, reference #80).
The terms “downstream” and “upstream” are directed to a manner of operating disclosed platform because they depend on the flow of material through the mixing platform which may be directed in many different directions based on the control of the valves throughout the flow paths, and it is noted that neither the manner of operating a disclosed device nor material or article worked upon further limit an apparatus claim. Said limitations do not differentiate apparatus claims from prior art. See MPEP § 2114 and 2115. Further, it has been held that process limitations do not have patentable weight in an apparatus claim. See Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969) that states “Expressions relating the apparatus to contents thereof and to an intended operation are of no significance in determining patentability of the apparatus claim.” The various valves may be considered upstream or downstream depending on the closing and opening of the valves in many different arrangements and depending relative to which fluid flow or mixture of fluid flows.
Regarding claim 22, Sharon et al. discloses wherein the first mixing feature comprises one or both of a Dean's Vortex mixer and a herringbone mixer ([0072]).
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.
Claim(s) 15 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sharon et al. in view of Tan (U.S. Patent Pub. No. 2011/0120562).
Regarding claim 15, Sharon et al. discloses all the limitations as set forth above. However, the reference does not explicitly disclose the specific type of valve to be a compression/diaphragm pump. As there are many types of pumps known in the art before the time of filing, including a diaphragm pump, as evidenced by Tan ([0032]), it would have been obvious to one of ordinary skill in the art to modify the valve to be a diaphragm valve, as taught by Tan, because selecting one of known designs for a valve would have been considered obvious to one of ordinary skill in the art before the time of filing and because said valve being a diaphragm valve would operate equally well as the one disclosed by Sharon et al.
Regarding claim 19, Sharon et al. discloses all the limitations as set forth above. However, the reference does not explicitly disclose wherein at least one of the first and second switch valves is switchable between the first state and the second state by a solenoid. Sharon et al. teaches the valves can be actuated by various means including manually, mechanically, electronically, pneumatically, magnetically, fluidically or by chemical means ([0117]). Since the prior art of Sharon et al. and Tan recognizes the equivalency of various valve actuation, including by a solenoid ([0032]) in the field of microfluidic systems, it would have been obvious to one of ordinary skill in the art before the time of filing to replace the pneumatic valve actuation of Sharon et al. with the solenoid valve actuation of Tan as it is merely the selection of functionally equivalent valve actuators recognized in the art and one of ordinary skill in the art would have a reasonable expectation of success in doing so.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lohf (U.S. Patent No. 8,163,245) discloses a microfluidic mixing platform with first input port (reference #1), second input port (reference #2), third input port (reference #3), flow path (reference #51n, 52n, 53n), first switching valve (reference #91), second switching valve (reference #92), third switching valve (reference #93), first mixing feature (reference #61), second mixing feature, reference #62), first output port (figure 1, exit arrow). Amin et al. (U.S. Patent Pub. No. 2012/0136492) discloses first input port (reference #11), second input port (Reference #12), third input port (reference #13), first, second, third, fourth, fifth, etc. valve (reference #30), flow path (reference #40), mixing feature (reference #44), first output port (reference #71), second output port (reference #72). Jovanovich et al. (U.S. Patent No. 8,672,532) discloses the microfluidic mixing platform with input ports, output ports, valves, flow path and mixing features as recited in the claims (see figure 6). Higashino et al. (U.S. Patent Pub. No. 2008/0112850) discloses the microfluidic mixing platform with input ports, output ports, valves, flow path and mixing features as recited in the claims (see figure 2).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH INSLER whose telephone number is (571)270-0492. The examiner can normally be reached Monday-Friday 9:00am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire X Wang can be reached at 571-270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ELIZABETH INSLER/Primary Examiner, Art Unit 1774