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, claims 1-10, in the reply filed on 09/07/2025 is acknowledged.
Claims 11-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 09/07/2025.
Information Disclosure Statement
No IDS was filed for this application. The applicant and/or the assignee of this application are required under 37 CFR 1.105 to provide the following information that the examiner has determined is reasonably necessary to the examination of this application (see MPEP §§ 704.10 - 704.13). In response to this requirement, please provide a copy of any related and pertinent information, such as non-patent literature, published application(s) or patent(s) (U.S. or foreign), that was used to assist in the drafting of this application. The applicant is reminded of the duty to disclose information that is material to patentability (see 37 CFR § 1.56). A complete reply to the instant Office action must include a complete reply to this requirement. The time period for reply to this requirement coincides with the time period for reply to the instant Office action.
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 3 and 8 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.
Regarding claim 3, claim 3 recites the limitation "the at least a portion of the UV light" in line 2. There is insufficient antecedent basis for this limitation in the claim. Note that claim 2 establishes “at least a portion of the UV light” while claim 3 is dependent on claim 1.
Regarding claim 8, claim 8 recites “of claim further comprising”. The dependency of claim 8 is unclear. For examination purposes, claim 8 is being interpreted as being dependent upon claim 1.
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.
(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.
Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Gentalen (US 20170176386 A1).
Regarding claim 1, Gentalen teaches a live cell imaging system (Figs. 1-3) comprising:
a substrate (Figs. 2-3 interpreted as the middle layer 206 and bottom layer 210 of microfluidic device 212 and 302; paragraph [0068] teaches the microfluidic device of Fig. 3 is simplified and the channel structure is described in Figs. 1-2) made, at least in part, out of polydimethylsiloxane (PDMS) (paragraph [0040] teaches the substrate of the microfluidic device is made of PDMS), having a cavity (Fig. 2, viewable enrichment zone 207) configured to hold a sample comprising one or more live cells (Fig. 2 and paragraph [0064] teaches channel comprising a viewable enrichment zone 207, which is structurally capable of holding live cells; paragraph [0071] teaches loading cells into the device);
a UV light source (Fig. 3, light source 306; paragraph [0117], “UV light source”) configured to direct UV light to the sample (Fig. 3 and paragraph [0117] teaches the UV light source 306 directing UV light to the device 302 comprising a sample); and
a UV camera (Fig. 3, detector 308; paragraph [0117], “CCD camera… ThorLabs, 340UV-GE”, which is a UV camera) configured to take a UV image of the sample (paragraph [0117] teaches a ThorLabs, 340UV-GE CCD camera, which is structurally configured to take a UV image of a sample; paragraphs [0027],[0073]-[0076] teaches imaging the microfluidic device).
Regarding claim 2, Gentalen further teaches wherein the UV light source (Fig. 3, light source 306; paragraph [0117], “UV light source”) is positioned such that at least a portion of the UV light is transmitted through the substrate (Fig. 3 shows at least a portion of the UV light is transmitted through the substrate of microfluidic device 302; paragraphs [0068] and [0115] teaches light passing through the channel of the device).
Regarding claim 3, Gentalen further teaches wherein the UV light source (Fig. 3, light source 306; paragraph [0117], “UV light source”) is positioned such that the at least a portion of the UV light is transmitted through the substrate proximate the cavity (Fig. 3 shows at least a portion of the UV light is transmitted through the cavity of the substrate, i.e. proximate, of microfluidic device 302; paragraphs [0068] and [0115] teaches light passing through the channel of the device).
Regarding claim 4, Gentalen further teaches wherein the cavity of the substrate is made, at least in part, of PDMS (paragraph [0040] teaches the substrate of the microfluidic device is made of PDMS).
Regarding claim 5, Gentalen further teaches wherein the cavity of the substrate is made entirely of PDMS (paragraph [0040] teaches the substrate of the microfluidic device is made of PDMS, therefore, the substrate of the viewable enrichment zone 207 of Fig. 2 is made of PDMS).
Regarding claim 6, Gentalen further teaches the live cell imaging system of claim 1 further comprising: a cover (Fig. 2, top layer 202) made, at least in part, out of polydimethylsiloxane (PDMS) (paragraph [0040] teaches the substrate of the microfluidic device is made of PDMS, therefore, the substrate, which includes the top layer 202 of Fig. 2 is made of PDMS), positioned above the cavity (Fig. 2 teach top layer 202 is above the viewable enrichment zone 207).
Regarding claim 7, Gentalen further teaches wherein the cover encloses the cavity (Fig. 2 teach top layer 202 encloses the viewable enrichment zone 207).
Regarding claim 8, Gentalen further teaches the live cell imaging system of claim 1 further comprising:
an inlet (Fig. 2 and paragraphs [0064],[0067], inlet tube 209) configured to introduce the sample to the cavity (interpreted as a functional limitation, see MPEP 2114; paragraph [0118] teaches loading samples into the device via the inlet); and
an outlet (Fig. 2 and paragraphs [0064],[0067], outlet tube 209) configured to remove the sample from the cavity (interpreted as a functional limitation, see MPEP 2114; paragraph [0118] teaches removing samples out of the device through the outlet).
Regarding claim 9, Gentalen further teaches wherein the UV light has a wavelength between 200 nm and 400 nm (paragraph [0117] teaches a UV light source, LED, qphotonics, UVTOP280, which has a wavelength between 200-400 nm, e.g. at least the wavelength of 280 nm; paragraph [0062] teaches a UV range of interest of 200-300 nm).
Regarding claim 10, Gentalen further teaches wherein the cavity has an optical density of less than 4 for UV light having a wavelength from 200nm to 400nm (Fig. 3 and paragraphs [0068]-[0069] teach the cavity or channel is a transparent channel region 304 used for optical detection and monitoring by allowing light to pass through the region; paragraph [0062] teaches a layer of the device is transparent, such as 100% transparent, i.e. optical density of 0, to light spectrum of interest such as 200-900 nm; paragraph [0117] teaches a UV light source and UV camera; therefore, it is inherent that the cavity has an optical density of less than 4 for a wavelength from 200-400 nm in order for the desired UV light to be transmitted through the microfluidic device to the detector as shown in Fig. 3).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bransky et al. (US 20120035061 A1) teaches a live cell imaging system (Figs. 1-2) comprising: a substrate (Fig. 1, base surface 156 of cartridge 100) made, at least in part, out of polydimethylsiloxane (PDMS) (paragraph [0141]), having a cavity configured to hold a sample comprising one or more live cells (Fig. 1A, microchannel 102, which is capable of holding cells); a UV light source (Figs. 2A-2B, illumination source 202 or LED 302 ) configured to direct UV light to the sample (paragraphs [0173]-[0174] teach the light is UV radiation); and a UV camera (Figs. 2A-2B, camera 208; paragraph [0174] teaches a camera sensitive to UV) configured to take a UV image of the sample (paragraph [0174] teaches a camera sensitive to UV).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY H NGUYEN whose telephone number is (571)272-2338. The examiner can normally be reached M-F 7:30A-5:00P.
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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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/HENRY H NGUYEN/Primary Examiner, Art Unit 1758