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 .
Response to Amendment
This is an office action in response to Applicant’s arguments and remarks filed on 12 January 2026. Claims 2-20 are currently pending in the applications. Claim 1 has been previously cancelled. Claims 2-20 are being examined herein.
Status of Objections and Rejections
The objections to the specification are withdrawn in view of amendments.
The rejections of claims 2-17 under 35 U.S.C. § 112(b) are withdrawn in view of amendments.
The rejections of claims 2, 4, 5, 7, and 9-11 under 35 U.S.C. § 103 in view of Lee, et. al. (US 20180080064 A1) in view of Feiglin (US 20130270114 A1) is withdrawn in view of amendments.
The rejections of claims 3, 12, and 13 under 35 U.S.C. § 103 in view of Lee, et. al. (US 20180080064 A1) in view of Feiglin (US 20130270114 A1) in further view of Pamula, et. al. (US 20100041086 A1) is withdrawn in view of amendments.
The rejection of claim 8 under 35 U.S.C. § 103 in view of Lee, et. al. (US 20180080064 A1) in view of Feiglin (US 20130270114 A1) in further view of Roche, et. al. (US 20140170664 A1) is withdrawn in view of amendments.
The rejection of claims 15 and 16 under 35 U.S.C. § 103 in view of Lee, et. al. (US 20180080064 A1) in view of Feiglin (US 20130270114 A1) in further view of Anderson, et. al. (US 20180345279 A1) is withdrawn in view of amendments.
The rejection of claim 17 under 35 U.S.C. § 103 in view of Lee, et. al. (US 20180080064 A1) in view of Feiglin (US 20130270114 A1) in further view of Tirumala ("Ionic Winds: A New Frontier for Air Cooling") is withdrawn in view of amendments.
The rejection of claim 18 under 35 U.S.C. § 103 in view Lee, et. al. (US 20180080064 A1) in view of Burroughs (US 20140302562 A1) and Pamula, et. al. (US20100041086 A1) is maintained.
The rejection of claim 19 under 35 U.S.C. § 103 in view of Lee, et. al. (US 20180080064 A1) in view of Burroughs (US 20140302562 A1) and Pamula, et. al. (US20100041086 A1) in further view of Wu (US 20180001286 A1) is maintained.
The rejection of claim 20 under 35 U.S.C. § 103 in view of Lee, et. al. (US 20180080064 A1) in view of Burroughs (US 20140302562 A1), Pamula, et. al. (US20100041086 A1), and Wu (US 20180001286 A1) is maintained.
The double patenting rejection in light of U.S. Patent No. 11524298 in view of Feiglin (US 20130270114 A1) if withdrawn.
Response to Arguments
Applicant’s arguments, see pages 08-10, filed 12 January 2026, with respect to the rejection(s) of claim(s) 2, 4, 5, 7, and 9-11 under 35 U.S.C. § 103 in view of Lee, et. al. (US 20180080064 A1) in view of Feiglin (US 20130270114 A1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Lee, et. al. (US 20180080064 A1) in view of Feiglin (US 20130270114 A1) and Pamula, et. al. (US 20100041086 A1).
Lee in view of Feiglin alone does not fairly teach or disclose “wherein the plurality of light-absorbing regions are thermally coupled to actuation electrodes configured to receive a drive voltage and move the one or more droplets.”
Applicant's arguments filed 12 January 2026 have been fully considered but they are not persuasive. Specifically, applicant argues that Pamula, et. al. (US 20100041086 A1) does not disclose “wherein the plurality of light-absorbing regions are thermally coupled to actuation electrodes configured to receive a drive voltage and move the one or more droplets” as recited in newly amended claims 2, 18, and 20, see remarks pg. 10, par. 06; pg. 14, par. 04 – pg. 15, par. 01; and pg. 16, par. 01-05.
Examiner, however, respectfully disagrees. Pamula teaches a microfluidic platform for droplet actuation (Abstract). Pamula teaches the droplet actuator comprises a bottom substate that establishes a fluid path with a top substrate, the fluid path extending into the droplet actuation gap (Fig. 4; par. 0054). Pamula teaches adjacent to the top substate that forms the droplet operations gap are photodiodes that absorb light from a light source adjacent to the bottom substrate (Fig. 4). Pamula specifically teaches the movement of the droplets actuated through voltage change (par. 0059) and the paths 122 throughout the microfluidic device are for droplet operations and connect all part of the microfluidic device from the sample reservoirs to the incubation/thermal regions to the optical detections spots (par. 0054). Pamula teaches the benefits of using droplet actuation to perform sample/fluid flow via changing the voltage of electrodes located in predetermined and relevant regions on the device allow for biochemical assays to be completed with low sample volumes while maintaining high accuracy (par. 0006-0008).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify the sample transportation through the microfluidic device of Lee to be control via voltage changing electrodes to actuate droplet movement as taught by Pamula in order to use smaller sample volumes while still maintaining high performance accuracy. Because both devices are microfluidic devices that require sample fluid to be moved to specific locations for optical analysis, modifying the microfluidic device to move sample fluid by electrowetting actuation as provided by Pamula, provides likewise sought functionality with reasonable expectation of success. MPEP 2143(I)(G).
See below for further detail.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 2-5, 7, and 9-13 are rejected under 35 U.S.C. 103 as being unpatentable over Lee, et. al. (US 20180080064 A1) in view of Feiglin (US 20130270114 A1) and Pamula, et. al. (US 20100041086 A1).
With regards to Claim 2, Lee teaches a system for plasmonic heating by use of thin plasmonic film-based 2D and 3D structures and a light source for biochemical reactions (Abstract). Lee teaches a system 40 that comprises a platform 26 installed above a light source 22 coupled to a computing unit (Fig. 3; par. 0050, 0051, 0054). While not explicitly stated, it is understood through Figure 3 that platform 26 (cartridge) is installed/placed at a set position (seating region) above light source 22 in order to focus the light into the active regions of platform 26 (par. 0050-0051) (a seating region configured to seat a cartridge thereon). Platform 26 further comprises wells 24 or another micro/nanostructure to serve as a reaction region and can accommodate one or more droplets (Fig. 3; par. 0050-0051) (wherein the cartridge comprising a first air gap within which one or more droplets are moved). Within each well 24 of platform 26 is a plasmonic Au thin-film 20 that absorbs light from the light source (Fig. 3; par. 0050) (a plurality of light-absorbing regions thermally coupled to a plurality of regions of the seating region).
Lee teaches a space below platform 26 and within the space is a light source like a LED 22 that illuminates and heats platform 26 (while Figure 3 only shows a single light source, the device as a whole can accommodate multiple light sources as seen in Figure 2A) (Fig. 3, par. 0050) (a plurality of light emitters separated from the seating region by a second air gap, wherein each of the plurality of light emitter is configured to emit light into the second air gap to heat one or more of the light-absorbing regions). Lee additionally a temperature sensor 34 (Fig. 3; par. 0052). Lee teaches computing unit 42 to collect sensor data and control the light source and comprises "a processor 44, and memory 46 for storing application software 48 executable on the processor 44 for driving the (light source)" (Fig. 3; par. 0054) (a controller configured to control the light emitted by each of the plurality of light emitters to regulate a temperature of each of a plurality of regions within the first air gap of the cartridge seated in the seating region).
Lee is silent to a vacuum sub-system configured to secure the cartridge in the seating region.
Feiglin teaches a digital microfluidic system for droplet manipulation within a cartridge (Abstract). Feiglin teaches cartridge is installed in an accommodation site 40 within a large base unit 7 and the cartridge accommodates liquid droplets to be manipulated by the system (par. 0010). The cartridge is separable from the base unit 7 and PCB 41 and during use it is attached to the system as a whole in an accommodation site 40 by a vacuum module 49 (Fig. 9; par. 0033, 0106, 0113) (a vacuum sub-system configured to secure the cartridge in the seating region). Feiglin teaches having a cartridge that is separable from the device as a whole and is secured in a specific area by a vacuum module allows for cartridges to be easily and cheaply changed when needed without impacting the more expensive components of the larger unit (par. 0032).
It would have been obvious for one skilled in the art before the effective filing date of the invention to combine the platform cartridge and thermal system of Lee with the base unit and vacuum module of Feiglin in order to easily replace cartridges and still use more expensive components. Because both devices use a cartridge as a part of a larger system to liquid/droplet analysis, combining the cartridge and thermal elements of Lee into the larger unit and cartridge securing system of Feiglin, provides likewise sought functionality with the combination yielding predictable results. MPEP 2143(I)(A).
Modified Lee is further silent to wherein the plurality of light-absorbing regions are thermally coupled to actuation electrodes configured to receive a drive voltage and move the one or more droplets.
Pamula teaches a microfluidic platform for droplet actuation (Abstract). Pamula teaches the droplet actuator comprises a bottom substate that establishes a fluid path with a top substrate, the fluid path extending into the droplet actuation gap (Fig. 4; par. 0054). Pamula teaches adjacent to the top substate that forms the droplet operations gap are photodiodes that absorb light from a light source adjacent to the bottom substrate (Fig. 4). Pamula specifically teaches the movement of the droplets actuated through voltage change (par. 0059) and the paths 122 throughout the microfluidic device are for droplet operations and connect all part of the microfluidic device from the sample reservoirs to the incubation/thermal regions to the optical detections spots (par. 0054) (wherein the plurality of light-absorbing regions are thermally coupled to actuation electrodes configured to receive a drive voltage and move the one or more droplets). The thermal connection between the two comes from the droplet itself that is moved by the electrodes of Pamula and heated by the light source of Lee. Pamula teaches the benefits of using droplet actuation to perform sample/fluid flow via changing the voltage of electrodes located in predetermined and relevant regions on the device allow for biochemical assays to be completed with low sample volumes while maintaining high accuracy (par. 0006-0008).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify the sample transportation through the microfluidic device of Lee to be control via voltage changing electrodes to actuate droplet movement as taught by Pamula in order to use smaller sample volumes while still maintaining high performance accuracy. Because both devices are microfluidic devices that require sample fluid to be moved to specific locations for optical analysis, modifying the microfluidic device to move sample fluid by electrowetting actuation as provided by Pamula, provides likewise sought functionality with reasonable expectation of success. MPEP 2143(I)(G).
With regards to Claim 3, modified Lee teaches the film has a lattice structure and photons move from the excitation source to the bottom surface of the film, a cascade of electron excitement occurs to heat the other side of the film (Fig. 1, 2B; par. 0043). The goal of the film being to uniform distribution of heat (par. 0043).
Modified Lee is silent to a plurality of thermally conductive vias coupling the plurality of light-absorbing regions to the plurality of regions of the seating region.
Pamula teaches a microfluidic platform for droplet actuation (Abstract). Pamula teaches the droplet actuator comprises a bottom substate that establishes a fluid path with a top substrate, the fluid path extending into the droplet actuation gap (Fig. 4; par. 0054). Pamula teaches adjacent to the top substate that forms the droplet operations gap are photodiodes that absorb light from a light source adjacent to the bottom substrate (Fig. 4). Pamula teaches integrating a means for controlling temperatures within the droplet actuator, such as metal vias (par. 0129, 0133). Pamula teaches metal vias can be directly soldered into a substrate to create tight thermal junctions to the liquid that will be heated (par. 0133-0134) (further comprising a plurality of thermally conductive vias coupling the plurality of light-absorbing regions to the plurality of regions of the seating region). Pamula teaches incorporating heaters creates a continuous temperature gradient across the desired area and eliminate steep gradients near heating elements (par. 0134), and conductive vias are particularly useful at accurately representing the temperature of the liquid they are heating (par. 0133).
It would have been obvious for one skilled in the art before the effective filing date of the invention to combine the thin film of modified Lee with the thermal vias of Pamula in order to provide a continuous/even heating gradient. Because both devices deal with the even heating of a surface to heat a liquid, combining the thin film of modified Lee with the thermal vias of Pamula, provides likewise sought functionality with the combination yielding predictable results. MPEP 2143(I)(A).
With regards to Claim 4, modified Lee teaches temperature sensor 34 coupled to computing unit 42 which acquires data from the sensor 34 (Fig. 3; par. 0052, 0054) (further comprising… thermal sensor configured to provide thermal data to the controller).
Modified Lee is silent to a plurality of thermal sensors.
Modified Lee teaches platform 26 can have multiple different areas of wells 24 each area heated by a different light source 22 (Fig. 2A). Because each area is spatially separated and for heating, a plurality of sensors is necessary to monitor each area.
It would have been obvious for one skilled in the art before the effective filing date of the invention to modify the single sensor to instead by multiple sensors in order to monitor multiple regions at once. Further, mere duplication of parts has no patentable significance unless a new and unexpected result is produced. MPEP 2144(VI)(B). Because the sensor is monitoring the thermal conditions during a temperature dependent reaction (like PCR), including a plurality of sensors provides likewise sought functionality with reasonable expectation of success. MPEP 2143(I)(G).
With regards to Claim 5, modified Lee teaches the temperature sensor 34 is directed at platform 26 for measuring the temperature of the thin film (par. 0052) (wherein each thermal sensor of the plurality of thermal sensors are configured to detect a temperature of one or more of the light-absorbing regions).
With regards to Claim 7, modified Lee teaches the light source is a LED 22 that illuminates and heats platform 26 (while Figure 3 only shows a single light source, the device as a whole can accommodate multiple light sources as seen in Figure 2A) (Fig. 3, par. 0050) (wherein each light emitter of the plurality of light emitters comprises one or more of: one or more LEDs).
With regards to Claim 9, modified Lee teaches a focus lens 32 to evenly distribute the light across a distinct area of wells 24 on platform 26 (Fig. 3; 11; par. 0050) (further comprising a focalizer configured to direct each of the plurality of light emitters to selectively illuminate at least one region of the plurality of light-absorbing regions).
With regards to Claim 10, modified Lee teaches plasmonic thin-film 20 with the wells 24 converts light energy into thermal (heat) energy (Fig. 2; par. 0044, 0048) (wherein each of the light-absorbing regions of the plurality of light-absorbing regions is configured to convert absorbed light energy to thermal energy).
With regards to Claim 11, modified Lee teaches plasmonic thin film 20 can be graphite (par. 0045) (wherein the plurality of light-absorbing regions comprises… graphite heat-spreading material).
With regards to Claim 12, modified Lee teaches thin film 20 is disposed in specific areas of platform 26, specifically in wells 20, that are used to heat the liquid in the wells (Fig. 3; par. 0050-0051). Modified Lee in view of Pamula teaches the metal vias thermally connect the liquid/droplet to another area (par. 0133). Because the goal of both the thin film and the metal vias is the evenly heat a liquid/droplet, one skilled in the art can come to the conclusion that the thin, light absorbing film and the metal vias will be located in the same region (wherein the plurality of light-absorbing regions are disposed in selected regions around each of the plurality of thermally conductive vias).
With regards to Claim 13, modified Lee in view of Pamula teaches the conductive vias are thin metal vias (par. 0133) (wherein one or more of the plurality of thermally conductive vias each comprise a thermally conductive metal).
Claims 6 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Lee, et. al. (US 20180080064 A1), Feiglin (US 20130270114 A1), and Pamula, et. al. (US 20100041086 A1) as applied to claim 4 above, and further in view of Wu (US 20180001286 A1).
With regards to Claim 6, modified Lee teaches platform 26 can have multiple different areas of wells 24 each area heated by a different light source 22 (Fig. 2A). Because each area is spatially separated and for heating, a plurality of sensors is necessary to monitor each area. As established in Claim 4, one skilled in the art would reasonably include multiple sensors in order to monitor multiple thermal regions.
Modified Lee is silent to wherein each thermal sensor of the plurality of thermal sensors is paired with a light emitter of the plurality of light emitters.
Wu teaches Wu teaches a digital microfluidic system having a controlled heating system for processing droplets (Abstract). Wu teaches heating elements can be integrated with a feedback control wherein a sensor continuously monitors temperatures (par. 0013). Wu teaches in Claim 20, that separate temperature sensors are made to provide (direct or indirect) temperature measurements of the heating (elements) and said temperature measurements are used to control the temperature of said heating (elements). Wu further teaches that non-contact modules, like photonic-based heating fixtures, can be the temperature control elements (par. 0084). Therefore, a heating element will be monitored by a sensor for feedback purposes (each thermal sensor of the plurality of thermal sensors is paired with a light emitter of the plurality of light emitters). Being able to directly monitor temperature and provide corrective feedback is essential in thermally-dependent biochemical reactions for ensuring the reaction proceeds correctly.
It would have been obvious for one skilled in the art before the effective filing date of the invention modify the plurality of heating elements (light emitters) and the plurality of sensors modified Lee to pair with one another as taught by Wu in order to ensure the temperature-sensitive biochemical processing of the samples proceeds as intended. Because both devices deal with thermally-sensitive reactions of droplets/liquids in microfluidic devices, modifying the heating elements (light emitters) and thermal sensors as provided by Wu, provides likewise sought functionality with reasonable expectation of success. MPEP 2143(I)(G).
With regards to Claim 14, modified Lee teaches a controller is configured for controlling actuation of the light source and data acquisition from the temperature sensor (par. 0099) by programs executed by a processor (par. 0094).
Modified Lee is silent to wherein the controller comprises a microprocessor configured to adjust power applied to the light emitters based at least in part on feedback from the plurality of thermal sensors.
Wu teaches a digital microfluidic system having a controlled heating system for processing droplets (Abstract). Wu teaches heating elements can be integrated with a feedback control wherein a sensor continuously monitors temperatures (par. 0013). Wu teaches in Claim 20, that "separate temperature sensors are made to provide (direct or indirect) temperature measurements of the heating electrodes and said temperature measurements are used to control the temperature of said heating electrodes" (the controller comprises a microprocessor configured to adjust power applied to the light emitters based at least in part on feedback from the plurality of thermal sensors). Being able to directly monitor temperature and provide corrective feedback is essential in thermally-dependent biochemical reactions for ensuring the reaction proceeds correctly.
It would have been obvious for one skilled in the art before the effective filing date of the invention modify the processor and light emitters of modified Lee to have a feedback loop to monitor temperature as taught by Wu in order to ensure the temperature-sensitive biochemical processing of the samples proceeds as intended. Because both devices deal with thermally-sensitive reactions of droplets/liquids in microfluidic devices, modifying the processor to include a feedback response to a temperature irregularity from the thermal element as provided by Wu, provides likewise sought functionality with reasonable expectation of success. MPEP 2143(I)(G).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Lee, et. al. (US 20180080064 A1), Feiglin (US 20130270114 A1) and Pamula, et. al. (US 20100041086 A1) as applied to claim 2 above, and further in view of Roche, et. al. (US 20140170664 A1).
With regards to Claim 8, Modified Lee teaches the light source may emit UV, visible, or IR wavelength. Modified Lee further teaches the wavelength selected depends on the thin film material and thickness used (par. 0061-0063).
Modified Lee is silent to the wavelength (being) at least in part from 800 nm to 1000 nm.
Roche teaches the use of photo-thermal properties of nanoparticles for heating in DNA processing reactions (Abstract). Roche teaches a gold nanoparticle can be excited to produce photothermal effects at 808 nm (par. 0086) (at least in part from 800 nm to 1000 nm). Roche teaches the nanoparticles in contact with a solution are irradiated using activation light beams to access the photo-thermal properties (par. 0019). Roche teaches the material and shape/size of the nanoparticle directly impact the photothermal properties (par. 0064-0065, 0079).
Further, Roche teaches wherein the wavelength for promoting photo-thermal heating is a result effective variable. Specifically, Roche teaches the excitation wavelength is dependent on type and size/dimension of photo-thermal material. Since this particular parameter is recognized as result-effective variable, i.e., a variable which achieves a recognized result, the determination of the optimum or workable ranges of said variable can be characterized as routine experimentation. MPEP § 2144.05(II)(A)-(B).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention and a matter of routine optimization to modify the excitation wavelength of the light source to be at least in part from 800 nm to 1000 nm in order to find the most efficient wavelength for the photo-thermal material used. Because both devices utilize photo-thermal heating of solutions to induce biochemical reactions, modifying the wavelength to be between 800 nm to 1000 nm as provided by Roche, provides likewise sought functionality with reasonable expectation of success. MPEP 2143(I)(G).
Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Lee, et. al. (US 20180080064 A1), Feiglin (US 20130270114 A1), and Pamula, et. al. (US 20100041086 A1) as applied to claim 2 above, and further in view of Anderson, et. al. (US 20180345279 A1).
With regards to Claim 15, Modified Lee teaches a cooling fan to cool the area for thermal cycling processes (par. 0065) (further comprising a cooler).
Modified Lee is silent to (a cooler being) within the second air gap.
Anderson teaches a microfluidic electrowetting device for processing droplets with spatial and temporal temperature control (Abstract). Anderson teaches a device comprising a top 112 and bottom 114 substrate that create a channel 106 (a first air gap) where droplets are moved (Fig. 8; par. 0076). Anderson teaches thermal control elements 126, 128 adjacent to channel 106 (Fig. 8); the thermal control elements are capable of heating, cooling or both based on signals from thermal control unit 124 and can be implemented by any well-known mechanism (par. 0078). Anderson teaches the goal of the device is to maximize droplet processing while minimizing volume sizes, therefore this configuration is efficient in both temporal and spatial processing of droplets (par. 0016, 0019).
It would have been obvious for one skilled in the art before the effective filing date of the invention modify the location of the cooling fan of modified Lee to be located in a space that cools the same area (the second air gap) that is heated as taught by Anderson in order to maximize the efficiency of the device. Because both devices use thermal elements to manipulate liquid/droplets in a gap of a cartridge/microfluidic device, modifying the location of the cooling fan to be located in and cool the same area as the heating elements as provided by Anderson, provides likewise sought functionality with reasonable expectation of success. MPEP 2143(I)(G).
With regards to Claim 16, Modified Lee teaches the cooling device is a cooling fan (par. 0065); a cooling fan is inherently configured to push air (gas) (one or more fans configured to push cooling gas). Modified Lee a lower surface of platform 26 that is integral to the heating (and cooling) process as the upper surface of platform 20 houses wells 24 (Fig. 3) (along a lower surface).
As established in independent claim 2, Feiglin teaches cartridge is installed in an accommodation site 40 within a large base unit 7 and the cartridge accommodates liquid droplets to be manipulated by the system (par. 0010). The cartridge is separable from the base unit 7 and PCB 41 and during use it is attached to the system as a whole in an accommodation site 40 by a vacuum module 49 (Fig. 9; par. 0033, 0106, 0113). In this combined configuration of modified Lee in view of Feiglin, the PCB 41 serves as a first support and will inherently have a lower surface (a lower surface of a first support). Further, Feiglin teaches thermal elements are at the bottom of substrate 11/PCB 41 (Fig. 7; par. 0102).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Lee, et. al. (US 20180080064 A1), Feiglin (US 20130270114 A1), Pamula, et. al. (US 20100041086 A1), and Anderson, et. al. (US 20180345279 A1) as applied to claim 15 above, and further in view of Tirumala ("Ionic Winds: A New Frontier for Air Cooling").
With regards to Claim 17, Modified Lee in view of Anderson teaches thermal elements, like a cooler, would operate in in the same area as a heater (in the second air gap).
Modified Lee is silent to wherein the cooler comprises an electrostatic fluid generator configured to ionize particles… to enable air movement.
Tirumala teaches about the use of "ionic winds" in cooling electronic devices (pg. 02, par. 01). Tirumala teaches gas, like air, between two electrodes is discharged to create ions in a cascading effect to generate a bulk fluid motion (ionic wind) (pg. 03, par. 01). This ionic wind allows for heat transfer and cooling of electronics (pg. 05; par. 01) (wherein the cooler comprises an electrostatic fluid generator configured to ionize particles… to enable air movement). Tirumala teaches these generators are beneficial when compared to fans because they can be scaled to a smaller size device (pg. 6-7; "The Future and Ongoing Challenges" Section).
It would have been obvious for one skilled in the art before the effective filing date of the invention substitute the cooling fan of modified Lee with the electrostatic fluid generator as taught by Tirumala because electrostatic fluid generators operate best in small electronic devices. Because each discusses the need for cool in small electronic devices, substituting a fan for an electrostatic fluid generator as explained by Tirumala, provides likewise sought functionality with the substitution yielding predictable results. MPEP 2143(I)(B).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Lee, et. al. (US 20180080064 A1) in view of Burroughs (US 20140302562 A1) and Pamula, et. al. (US20100041086 A1).
With regards to Claim 18, Lee teaches a system for plasmonic heating by use of thin plasmonic film-based 2D and 3D structures and a light source for biochemical reactions (Abstract). Lee teaches a system 40 that comprises a platform 26 installed above a light source 22 coupled to a computing unit (Fig. 3; par. 0050, 0051, 0054). Platform 26 (cartridge) is installed/placed at a set position (seating region) above light source 22 in order to focus the light into the active regions of platform 26 (par. 0050-0051) (a seating region for holding a cartridge). Platform 26 further comprises wells 24 or another micro/nanostructure to serve as a reaction region and can accommodate one or more droplets (Fig. 3; par. 0050-0051). Within each well 24 of platform 26 is a plasmonic Au thin-film 20 that absorbs light from the light source (Fig. 3; par. 0050) (a light- absorbing material).
Lee teaches a space (the second support are separated by a temperature- regulating air-gap) below platform 26 and within the space is a light source like a LED 22 embedded in substrate 28 that illuminates and heats platform 26 (while Figure 3 only shows a single light source, the device as a whole can accommodate multiple light sources as seen in Figure 2A) (Fig. 3, par. 0050) (a plurality of light emitters… disposed on a second support) (wherein each of the plurality of light emitters is configured to illuminate one or more locations of the light-absorbing material). Lee additionally a temperature sensor 34 (Fig. 3; par. 0052).
Lee is silent to a plurality of thermal sensors disposed on a second support.
Lee teaches a temperature sensor 34 can be directed at platform 26, such as an IR camera directed at the platform. In order to be directed at platform 26, the sensor cannot be embedded in the platform 26 itself leaving only below, above, or beside the platform 26.
Further, Lee teaches platform 26 can have multiple different areas of wells 24 each area heated by a different light source 22 (Fig. 2A). Because each area is spatially separated and for heating, a plurality of sensors is necessary to monitor each area (a plurality of thermal sensors disposed on a second support).
It would have been obvious for one skilled in the art before the effective filing date of the invention to modify the single sensor to instead be multiple sensors and to have the sensors within the second supports in order to monitor multiple regions at once. Further, mere duplication of parts has no patentable significance unless a new and unexpected result is produced. MPEP 2144(VI)(B). Because the sensor is monitoring the thermal conditions during a temperature dependent reaction (like PCR), including a plurality of sensors embedded a second support facing in a direction towards the heated regions provides likewise sought functionality with reasonable expectation of success. MPEP 2143(I)(G).
Lee is silent to a first support having an upper surface, a lower surface and a thickness therethrough, the upper surface comprising (a seating region for holding a cartridge), (a light- absorbing material) disposed on the lower surface, a second support that is adjacent to the lower surface of the first support, and wherein the first support and the second support are separated by a temperature- regulating air-gap between the lower surface of the first support and an upper surface of the second support.
Burroughs teaches a microplate for use in PCR processes and changing temperatures (Abstract). Burroughs teaches a microplate (cartridge) 100/800 attached to a metal plate 103 (a first support) with a coating layer 104 between the wells 101 and metal plate; the coating layer 104 being on an upper surface of the plate, and an inherent lower surface on the opposite side separated by a thickness of the plate (Fig. 1, 8; par. 0089) (a first support having an upper surface, a lower surface and a thickness therethrough) (the upper surface comprising a seating region for holding a cartridge). It is understood that a structure must be used to support the platform/cartridge/microplate in a suspended position above the second support (of Lee).
With the understanding that plate 103 of Burroughs supports a cartridge where reactions occur, it can be concluded when combining thermal feature of Lee with the plate feature of Burroughs that:
1. the thin film 20 of Lee needs to be disposed on the bottom surface of the plate 103 of Burroughs in order to be exposed to the light source (a light- absorbing material disposed on the lower surface).
2. The substrate 28 of Lee (second support) is adjacent to the lower surface of the plate 103 of Burroughs (first support) (a second support that is adjacent to the lower surface of the first support).
3. The substrate 28 of Lee (second support) is adjacent to the lower surface of the plate 103 of Burroughs (first support) and are separated by the (unlabeled) space of Lee where light travels through to reach the film (wherein the first support and the second support are separated by a temperature- regulating air-gap between the lower surface of the first support and an upper surface of the second support).
It would have been obvious to one skilled in the art before the effective filing date of the invention to combine the cartridge support of modified Lee with an upper substrate-like structure as taught by Burroughs in order to support the cartridge platform in a suspended position. Because both devices deal with processing samples via thermal variation in microfluidic cartridges, combining a support substrate as provided by Burroughs, provides likewise sought functionality with the combination yielding predictable results. MPEP 2143(I)(A).
Modified Lee is silent to a plurality of thermally conductive vias disposed between the lower surface and the upper surface and passing through the thickness, the plurality of thermally conductive vias configured to heat a droplet disposed in a cartridge seated on the seating region of the upper surface of the first support.
Pamula teaches a microfluidic platform for droplet actuation (Abstract). Pamula teaches the droplet actuator comprises a bottom substate that establishes a fluid path with a top substrate, the fluid path extending into the droplet actuation gap (Fig. 4; par. 0054). Pamula teaches adjacent to the top substate that forms the droplet operations gap are photodiodes that absorb light from a light source adjacent to the bottom substrate (Fig. 4). Pamula teaches integrating a means for controlling temperatures within the droplet actuator, such as metal vias (par. 0129, 0133). Pamula teaches metal vias can be directly soldered into a substrate to create tight thermal junctions to the liquid that will be heated (par. 0133-0134) (a plurality of thermally conductive vias disposed between the lower surface and the upper surface and passing through the thickness, the plurality of thermally conductive vias configured to heat a droplet disposed in a cartridge seated on the seating region of the upper surface of the first support). Pamula teaches incorporating heaters creates a continuous temperature gradient across the desired area and eliminate steep gradients near heating elements (par. 0134), and conductive vias are particularly useful at accurately representing the temperature of the liquid they are heating (par. 0133).
It would have been obvious for one skilled in the art before the effective filing date of the invention to combine the thin film of modified Lee with the thermal vias of Pamula in order to provide a continuous/even heating gradient. Because both devices deal with the even heating of a surface to heat a liquid, combining the thin film of modified Lee with the thermal vias of Pamula, provides likewise sought functionality with the combination yielding predictable results. MPEP 2143(I)(A).
Modified Lee is further silent to wherein the plurality of light-absorbing regions are thermally coupled to actuation electrodes configured to receive a drive voltage and move the one or more droplets.
Pamula teaches a microfluidic platform for droplet actuation (Abstract). Pamula teaches the droplet actuator comprises a bottom substate that establishes a fluid path with a top substrate, the fluid path extending into the droplet actuation gap (Fig. 4; par. 0054). Pamula teaches adjacent to the top substate that forms the droplet operations gap are photodiodes that absorb light from a light source adjacent to the bottom substrate (Fig. 4). Pamula specifically teaches the movement of the droplets actuated through voltage change (par. 0059) and the paths 122 throughout the microfluidic device are for droplet operations and connect all part of the microfluidic device from the sample reservoirs to the incubation/thermal regions to the optical detections spots (par. 0054) (wherein the plurality of light-absorbing regions are thermally coupled to actuation electrodes configured to receive a drive voltage and move the one or more droplets). The thermal connection between the two comes from the droplet itself that is moved by the electrodes of Pamula and heated by the light source of Lee and the thermal vias of Pamula (see above). Pamula teaches the benefits of using droplet actuation to perform sample/fluid flow via changing the voltage of electrodes located in predetermined and relevant regions on the device allow for biochemical assays to be completed with low sample volumes while maintaining high accuracy (par. 0006-0008).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify the sample transportation through the microfluidic device of Lee to be control via voltage changing electrodes to actuate droplet movement as taught by Pamula in order to use smaller sample volumes while still maintaining high performance accuracy. Because both devices are microfluidic devices that require sample fluid to be moved to specific locations for optical analysis, modifying the microfluidic device to move sample fluid by electrowetting actuation as provided by Pamula, provides likewise sought functionality with reasonable expectation of success. MPEP 2143(I)(G).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Lee, et. al. (US 20180080064 A1), Burroughs (US 20140302562 A1) and Pamula, et. al. (US 20100041086 A1) as applied to claim 18 above, and further in view of Wu (US 20180001286 A1).
With regards to Claim 19, modified Lee teaches platform 26 can have multiple different areas of wells 24 each area heated by a different light source 22 (Fig. 2A). As understood by modified Lee in view of Burroughs, the thin film of Lee will be disposed on the lower surface of the first support of Burroughs in order to encounter the emitted light. Because each area is spatially separated and for heating, a plurality of sensors is necessary to monitor each area. As established in Claim 4, one skilled in the art would reasonably include multiple sensors in order to monitor multiple thermal regions (wherein each thermal detector of the plurality is configured to detect a temperature of the one or more locations on the lower surface of the first support illuminated by a respective paired light emitter of the plurality).
Modified Lee is silent to wherein each one of the plurality of light emitters is paired with one of the plurality of thermal sensors.
Wu teaches Wu teaches a digital microfluidic system having a controlled heating system for processing droplets (Abstract). Wu teaches heating elements can be integrated with a feedback control wherein a sensor continuously monitors temperatures (par. 0013). Wu teaches in Claim 20, that separate temperature sensors are made to provide (direct or indirect) temperature measurements of the heating (elements) and said temperature measurements are used to control the temperature of said heating (elements). Wu further teaches that non-contact modules, like photonic-based heating fixtures, can be the temperature control elements (par. 0084). Therefore, a heating element will be monitored by a sensor for feedback purposes (wherein each one of the plurality of light emitters is paired with one of the plurality of thermal sensors). Being able to directly monitor temperature and provide corrective feedback is essential in thermally-dependent biochemical reactions for ensuring the reaction proceeds correctly.
It would have been obvious for one skilled in the art before the effective filing date of the invention modify the plurality of heating elements (light emitters) and the plurality of sensors modified Lee to pair with one another as taught by Wu in order to ensure the temperature-sensitive biochemical processing of the samples proceeds as intended. Because both devices deal with thermally-sensitive reactions of droplets/liquids in microfluidic devices, modifying the heating elements (light emitters) and thermal sensors as provided by Wu, provides likewise sought functionality with reasonable expectation of success. MPEP 2143(I)(G).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Lee, et. al. (US 20180080064 A1) in view of Burroughs (US 20140302562 A1) and Pamula, et. al. (US20100041086 A1), and Wu (US 20180001286 A1).
With regards to Claim 20, Lee teaches a system for plasmonic heating by use of thin plasmonic film-based 2D and 3D structures and a light source for biochemical reactions (Abstract). Lee teaches a system 40 that comprises a platform 26 installed above a light source 22 coupled to a computing unit (Fig. 3; par. 0050, 0051, 0054). While not explicitly stated, it is understood through Figure 3 that platform 26 (cartridge) is installed/placed at a set position (seating region) above light source 22 in order to focus the light into the active regions of platform 26 (par. 0050-0051) (a seating region for holding a microfluidics cartridge). Platform 26 further comprises wells 24 or another micro/nanostructure to serve as a reaction region and can accommodate one or more droplets (Fig. 3; par. 0050-0051). Within each well 24 of platform 26 is a plasmonic Au thin-film 20 that absorbs light from the light source (Fig. 3; par. 0050) (a plurality of light-absorbing regions).
Lee teaches a space below platform 26 and within the space is a light source like a LED 22 that illuminates and heats platform 26 (while Figure 3 only shows a single light source, the device as a whole can accommodate multiple light sources as seen in Figure 2A) (Fig. 3, par. 0050) (a plurality of light emitters disposed beneath… and separated from… by an air gap) (wherein each light emitter of the plurality of light emitters are configured to emit light into the air gap to heat one or more light-absorbing regions). Lee additionally a temperature sensor 34 (Fig. 3; par. 0052). Lee teaches computing unit 42 to collect sensor data and control the light source and comprises "a processor 44, and memory 46 for storing application software 48 executable on the processor 44 for driving the (light source)" (Fig. 3; par. 0054) (a controller configured to receive input from each thermal sensor of the plurality of thermal sensors and to control the light emitted by one or more of the plurality of light emitters).
Lee is silent to a plurality of thermal sensors.
Lee teaches platform 26 can have multiple different areas of wells 24 each area heated by a different light source 22 (Fig. 2A). Because each area is spatially separated and for heating, a plurality of sensors is necessary to monitor each area.
It would have been obvious for one skilled in the art before the effective filing date of the invention to modify the single sensor to instead by multiple sensors in order to monitor multiple regions at once. Further, mere duplication of parts has no patentable significance unless a new and unexpected result is produced. MPEP 2144(VI)(B). Because the sensor is monitoring the thermal conditions during a temperature dependent reaction (like PCR), including a plurality of sensors provides likewise sought functionality with reasonable expectation of success. MPEP 2143(I)(G).
Lee is silent to a first support having an upper surface and a lower surface, the upper surface comprising (a seating region for holding a microfluidics cartridge), wherein the lower surface comprises (a plurality light-absorbing regions), and (a plurality of light emitters) disposed beneath the first support and separated from the first support by (an air gap).
Burroughs teaches a microplate for use in PCR processes and changing temperatures (Abstract). Burroughs teaches a microplate (cartridge) 100/800 attached to a metal plate 103 (a first support) with a coating layer 104 between the wells 101 and metal plate; the coating layer 104 being on an upper surface of the plate, and an inherent lower surface on the opposite side (Fig. 1, 8; par. 0089) (the upper surface comprising a seating region for holding a microfluidics cartridge). It is understood that a structure must be used to support the platform/cartridge/microplate in a suspended position above the second support (of Lee).
With the understanding that plate 103 of Burroughs supports a cartridge where reactions occur, it can be concluded when combining thermal feature of Lee with the plate feature of Burroughs that:
1. the thin film 20 of Lee needs to be disposed on the bottom surface of the plate 103 of Burroughs in order to be exposed to the light source (wherein the lower surface comprises a plurality light-absorbing regions).
2. The substrate 28 of Lee is adjacent to the lower surface of the plate 103 of Burroughs (first support) and are separated by the (unlabeled) space of Lee where light travels through to reach the film (a plurality of light emitters disposed beneath the first support and separated from the first support by an air gap).
It would have been obvious to one skilled in the art before the effective filing date of the invention to combine the cartridge support of modified Lee with an upper substrate-like structure as taught by Burroughs in order to support the cartridge platform in a suspended position. Because both devices deal with processing samples via thermal variation in microfluidic cartridges, combining a support substrate as provided by Burroughs, provides likewise sought functionality with the combination yielding predictable results. MPEP 2143(I)(A).
Lee is silent to wherein each light absorbing region is thermally coupled to one or more actuation electrodes of the upper surface by one or more thermally conductive vias.
Pamula teaches a microfluidic platform for droplet actuation (Abstract). Pamula teaches the droplet actuator comprises a bottom substate that establishes a fluid path with a top substrate, the fluid path extending into the droplet actuation gap (Fig. 4; par. 0054). Pamula teaches adjacent to the top substate that forms the droplet operations gap are photodiodes that absorb light from a light source adjacent to the bottom substrate (Fig. 4). Pamula teaches integrating a means for controlling temperatures within the droplet actuator, such as metal vias (par. 0129, 0133). Pamula teaches metal vias can be directly soldered into a substrate to create tight thermal junctions to the liquid that will be heated (par. 0133-0134) (wherein each light absorbing region is thermally coupled to one or more actuation electrodes by one or more thermally conductive vias). Pamula teaches incorporating heaters creates a continuous temperature gradient across the desired area and eliminate steep gradients near heating elements (par. 0134), and conductive vias are particularly useful at accurately representing the temperature of the liquid they are heating (par. 0133).
It would have been obvious for one skilled in the art before the effective filing date of the invention to combine the thin film of modified Lee with the thermal vias of Pamula in order to provide a continuous/even heating gradient. Because both devices deal with the even heating of a surface to heat a liquid, combining the thin film of modified Lee with the thermal vias of Pamula, provides likewise sought functionality with the combination yielding predictable results. MPEP 2143(I)(A).
Modified Lee is further silent to wherein the actuation electrodes are configured to receive a drive voltage and move a droplet within the microfluidics cartridge.
Pamula teaches a microfluidic platform for droplet actuation (Abstract). Pamula teaches the droplet actuator comprises a bottom substate that establishes a fluid path with a top substrate, the fluid path extending into the droplet actuation gap (Fig. 4; par. 0054). Pamula teaches adjacent to the top substate that forms the droplet operations gap are photodiodes that absorb light from a light source adjacent to the bottom substrate (Fig. 4). Pamula specifically teaches the movement of the droplets actuated through voltage change (par. 0059) and the paths 122 throughout the microfluidic device are for droplet operations and connect all part of the microfluidic device from the sample reservoirs to the incubation/thermal regions to the optical detections spots (par. 0054) (wherein the plurality of light-absorbing regions are thermally coupled to actuation electrodes configured to receive a drive voltage and move the one or more droplets). The thermal connection between the two comes from the droplet itself that is moved by the electrodes of Pamula and heated by the light source of Lee and the thermal vias of Pamula (see above). Pamula teaches the benefits of using droplet actuation to perform sample/fluid flow via changing the voltage of electrodes located in predetermined and relevant regions on the device allow for biochemical assays to be completed with low sample volumes while maintaining high accuracy (par. 0006-0008).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify the sample transportation through the microfluidic device of Lee to be control via voltage changing electrodes to actuate droplet movement as taught by Pamula in order to use smaller sample volumes while still maintaining high performance accuracy. Because both devices are microfluidic devices that require sample fluid to be moved to specific locations for optical analysis, modifying the microfluidic device to move sample fluid by electrowetting actuation as provided by Pamula, provides likewise sought functionality with reasonable expectation of success. MPEP 2143(I)(G).
Lee is silent to a controller to regulate a temperature of one or more of the one or more regions of the upper surface.
Wu teaches heating elements can be integrated with a feedback control wherein a sensor continuously monitors temperatures (par. 0013). Wu teaches in Claim 20, that "separate temperature sensors are made to provide (direct or indirect) temperature measurements of the heating electrodes and said temperature measurements are used to control the temperature of said heating electrodes" (to regulate a temperature of one or more of the one or more regions of the upper surface). Being able to directly monitor temperature and provide corrective feedback is essential in thermally-dependent biochemical reactions for ensuring the reaction proceeds correctly.
It would have been obvious for one skilled in the art before the effective filing date of the invention modify the processor and light emitters of modified Lee to have a feedback loop to monitor temperature as taught by Wu in order to ensure the temperature-sensitive biochemical processing of the samples proceeds as intended. Because both devices deal with thermally-sensitive reactions of droplets/liquids in microfluidic devices, modifying the processor to include a feedback response to a temperature irregularity from the thermal element as provided by Wu, provides likewise sought functionality with reasonable expectation of success. MPEP 2143(I)(G).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 2-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-10, 11, 13-15, 17-19, 20, 23, 56, and 51 of U.S. Patent No. 11524298 in view of Feiglin (US 20130270114 A1).
The table below indicates the subject matter of the current instant application (left side) and the U.S. Patent (right side). Identical subject matter will be bolded. It should be noted that the “second air gap” of the instant application is the same as the “first air gap” of the U.S. Patent – they only differ in naming. Likewise, the “first air gap” of the instant application is the same as the “second air gap” of the U.S. Patent.
Instant Application 18/064,893
Patent No. 11524298
2. A microfluidic apparatus, comprising:
a seating region configured to seat a cartridge thereon, wherein the cartridge comprising a first air gap within which one or more droplets are moved;
a vacuum sub-system configured to secure the cartridge in the seating region;
a plurality of light-absorbing regions thermally coupled to a plurality of regions of the seating region;
a plurality of light emitters separated from the seating region by a second air gap, wherein each of the plurality of light emitters is configured to emit light into the second air gap to heat one or more of the plurality of light-absorbing regions, wherein the plurality of light-absorbing regions are thermally coupled to actuation electrodes configured to receive a drive voltage and move the one or more droplets; and
a controller configured to control the light emitted by each of the light emitters to regulate a temperature of each of a plurality of regions within the first air gap of the cartridge seated in the seating region.
1. A digital microfluidic (DMF) apparatus, comprising:
a seating region configured to seat acartridge thereon;
a plurality of electrowetting drive electrodes in electrical communication with the seating region;
a plurality of light-absorbing regions thermally coupled to a plurality of regions of the seating region;
a plurality of light emitters separated from the seating region by a first air gap, wherein each light emitter is configured to emit light into the first air gap to heat one or more of the light-absorbing regions; and
a controller configured to control the light emitted by each of the light emitters to regulate a temperature of each of a plurality of regions within a second air gap of the DMF cartridge seated in the seating region.
3. The apparatus of claim 2, further comprising a plurality of thermally conductive vias coupling the plurality of light-absorbing regions to the plurality of regions of the seating region.
3. The apparatus of claim 1, further comprising a plurality of thermally conductive vias coupling the plurality of light-absorbing regions to the plurality of regions of the seating region.
4. The apparatus of claim 2, further comprising a plurality of thermal sensors configured to provide thermal data to the controller.
4. The apparatus of claim 1, further comprising a plurality of thermal sensors configured to provide thermal data to the controller.
5. The apparatus of claim 4, wherein each thermal sensor of the plurality of thermal sensors are configured to detect a temperature of one or more of the plurality of light-absorbing regions, a thermally conductive via or an upper surface of the seating region.
5. The apparatus of claim 4, wherein each thermal sensor of the plurality of thermal sensors are configured to detect a temperature of one or more of the light- absorbing regions, thermally conductive vias or an upper surface.
6. The apparatus of claim 4, wherein each thermal sensor of the plurality of thermal sensors is paired with a light emitter of the plurality of light emitters.
6. The apparatus of claim 4,wherein each thermal sensor of the plurality of thermal sensors is paired with a light emitter of the plurality of light emitters.
7. The apparatus of claim 2, wherein each light emitter of the plurality of light emitters comprises one or more of: one or more LEDs or optical fibers.
7. The apparatus of claim 1, wherein each light emitter of the plurality of light emitters comprises one or more of: one or more LEDs or optical fibers.
8. The apparatus of claim 2, wherein the plurality of light emitters are each configured to emit light having a wavelength at least in part from 800 nm to 1000 nm.
8. The apparatus of claim 1, wherein the plurality of light emitters are each configured to emit light having a wavelength at least in part from 800nm to 1000nm.
9. The apparatus of claim 2, further comprising a focalizer configured to direct each of the plurality of light emitters to selectively illuminate at least one region of the plurality of light-absorbing regions.
9. The apparatus of claim 1, further comprising a focalizer configured to direct each of the plurality of light emitters to selectively illuminate at least one region of the plurality of light-absorbing regions.
10. The apparatus of claim 2, wherein each of the light-absorbing regions of the plurality of light-absorbing regions is configured to convert absorbed light energy to thermal energy.
10. The apparatus of claim 1, wherein each of the light-absorbing regions of the plurality of light-absorbing regions is configured to convert absorbed light energy to thermal energy.
11. The apparatus of claim 2, wherein the plurality of light-absorbing regions comprises black soldermask or graphite heat-spreading material.
13. The apparatus of claim 1, wherein the plurality of light-absorbing regions comprises black soldermask or graphite heat-spreading material.
12. The apparatus of claim 3, wherein the plurality of light-absorbing regions are disposed in selected regions around each of the plurality of thermally conductive vias.
11. The apparatus of claim 1, wherein each of the further comprising a plurality of thermally conductive vias is configured to thermally couple one of the light absorbing regions of the plurality of light-absorbing regions with one or more of the actuation electrodes of a plurality of actuation electrodes.
14. The apparatus of claim 11, wherein the plurality of light- absorbing regions are disposed in selected regions around each of the plurality of thermally conductive vias.
13. The apparatus of claim 3, wherein one or more of the plurality of thermally conductive vias each comprise a thermally conductive metal or polymer.
11. The apparatus of claim 1, wherein each of the further comprising a plurality of thermally conductive vias is configured to thermally couple one of the light absorbing regions of the plurality of light-absorbing regions with one or more of the actuation electrodes of a plurality of actuation electrodes.
15. The apparatus of claim 11, wherein one or more of the plurality of thermally conductive vias each comprise a thermally conductive metal or polymer.
14. The apparatus of claim 4, wherein the controller comprises a microprocessor configured to adjust power applied to the light emitters based at least in part on feedback from the plurality of thermal sensors.
17. The apparatus of claim 4, wherein the controller comprises a microprocessor configured to adjust power applied to the light emitters based at least in part on feedback from the plurality of thermal sensors.
15. The apparatus of claim 2, further comprising a cooler within the second air gap.
18. The apparatus of claim 1, further comprising a cooler within the first air gap.
16. The apparatus of claim 15,wherein the cooler comprises:
one or more fans configured to push cooling gas along a lower surface of a first support within the second air gap;
one or more negative pressure sources configured to draw cooling gas along the lower surface of the first support; or
a compressor configured to push cooling gas along the lower surface of the first support.
19. The apparatus of claim 18, wherein the cooler comprises:
one or more fans configured to push cooling gas along a lower surface of a first support within the first air gap;
one or more negative pressure sources configured to draw cooling gas along the lower surface of the first support; or
a compressor configured to push cooling gas along the lower surface of the first support.
17. The apparatus of claim 15, wherein the cooler comprises an electrostatic fluid generator configured to ionize particles in the second air gap to enable air movement.
20. The apparatus of claim 18, wherein the cooler comprises an electrostatic fluid generator configured to ionize particles in the first air gap to enable air movement.
18. A microfluidic apparatus, comprising:
a first support having an upper surface, a lower surface and a thickness therethrough,
the upper surface comprising a seating region for holding a cartridge,
a light- absorbing material disposed on the lower surface,
and a plurality of thermally conductive vias disposed between the lower surface and the upper surface and passing through the thickness, the disposed in a cartridge seated on the seating region of the upper surface of the first support;
a plurality of light emitters and a plurality of thermal sensors disposed on a second support that is adjacent to the lower surface of the first support, wherein each of the plurality of light emitters is configured to illuminate one or more locations of the light-absorbing material on the lower surface of the first support, wherein the plurality of light- absorbing regions are thermally coupled to actuation electrodes configured to receive a drive voltage and move the droplet within the cartridge; and
wherein the first support and the second support are separated by a temperature- regulating air-gap between the lower surface of the first support and an upper surface of the second support.
23. A digital microfluidic (DMF) apparatus, comprising:
a first support having an upper surface, a lower surface and a thickness therethrough, comprising
a plurality of electrowetting drive electrodes disposed on the upper surface,
a light-absorbing material disposed on the lower surface, and
A plurality of thermally conductive vias disposed between the lower surface and the upper surface and passing through the thickness, the plurality of thermally conductive vias configured to heat a droplet disposed adjacent to the upper surface of the first support;
a plurality of light emitters and a plurality of thermal sensors disposed on a second support that is adjacent to the lower surface of the first support, wherein each of the plurality of light emitters is configured to illuminate one or more locations of the light-absorbing material on the lower surface of the first support; and
wherein the first support and the second support are separated by a temperature-regulating air-gap between the lower surface of the first support and an upper surface of the second support.
19. The apparatus of claim 18,wherein each one of the plurality of light emitters is paired with one of the plurality of thermal sensors, wherein each thermal sensor of the plurality is configured to detect a temperature of the one or more locations on the lower surface of the first support illuminated by a respective paired light emitter of the plurality.
26. The apparatus of claim 23, wherein each one of the plurality of light emitters is paired with one of the plurality of thermal sensors, wherein each thermal detector of the plurality is configured to detect a temperature of the one or more locations on the lower surface of the first support illuminated by a respective paired light emitter of the plurality.
20. A microfluidic apparatus, comprising:
a first support having an upper surface and a lower surface;
wherein the upper surface comprises a seating region for holding a microfluidics cartridge;
wherein the lower surface comprises a plurality light-absorbing regions;
wherein each light absorbing region is thermally coupled to one or more regions of the upper surface by one actuation electrodes by one or more thermally conductive vias, wherein the actuation electrodes are configured to receive a drive voltage and move a droplet within the microfluidics cartridge;
a plurality of light emitters disposed beneath the first support and separated from the first support by an air gap, wherein each light emitter of the plurality of light emitters are configured to emit light into the air gap to heat one or more light-absorbing regions;
a plurality of thermal sensors; and
a controller configured to receive input from each thermal sensor of the plurality of thermal sensors and to control the light emitted by one or more of the plurality of light emitters to regulate a temperature of one or more of the one or more regions of the upper surface.
51. A digital microfluidic (DMF) apparatus, comprising:
a first support having an upper surface and a lower surface;
wherein the upper surface comprises a plurality of electrowetting drive electrodes;
wherein the lower surface comprises a plurality light-absorbing regions;
wherein each light absorbing region is thermally coupled to one or more regions of the upper surface by one or more thermally conductive vias;
a plurality of light emitters disposed beneath the first support and separated from the first support by an air gap, wherein each light emitter of the plurality of light emitters are configured to emit light into the air gap to heat one or more light-absorbing regions;
a plurality of thermal sensors; and
a controller configured to receive input from each thermal sensor of the plurality of thermal sensors and to control the light emitted by one or more of the plurality of light emitters to regulate a temperature of one or more of the one or more regions of the upper surface.
Claim 2 of the instant application recites “wherein the cartridge comprising a first air gap within which one or more droplets is moved” and “wherein the plurality of light-absorbing regions are thermally coupled to actuation electrodes configured to receive a drive voltage and move the one or more droplets.” This differs from U.S. Patent 11524298 that recites in claim 1, “a plurality of electrowetting drive electrodes in electrical communication with the seating region” in claim 1. It is well known by those skilled in the art that the electrowetting drive electrodes can be used to manipulate droplets through a microfluidic system. While not explicitly stated, it is understood by one skilled in the art that the driving electrodes of U.S. Patent 11524298 operate to drive droplets in an open space (gap) above the seating region where a cartridge is held, therefore moving the droplets within an air gap of a cartridge. The claim language of U.S. Patent 11524298 claim 1 inherently implies the configuration described in the above recited line of claim 2 of the instant application.
Further, Feiglin teaches a DMF system that manipulated droplets in a disposable cartridge (Abstract). Feiglin teaches electrode array 9 fixed to a substate 11, with a gap 6 on the upper surface of electrode array 9 between the bottom 3 and top 4 layers (Fig. 2; par. 0082). Feiglin teaches the is for manipulating droplets (par. 0082). Because the electrode array is what is manipulating the droplets, it is necessary to have a space adjacent to the electrodes to hold the droplets.
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the seating region in communication with the electrowetting drive electrodes as taught by U.S. Patent 11524298 to have a gap that is able to hold and move a droplet as taught by Feiglin in order to allow a space for the droplets and the electrodes to interact for analysis. Because both devices use an electrode array on a cartridge for analysis as a part of a larger system as provided by Feiglin, provides likewise sough functionality with reasonable expectation of success. MPEP 2143(I)(G).
Claim 2 additionally recites “a vacuum sub-system configured to secure the cartridge in the seating region. U.S. Patent 11524298 does not state a system for securing the cartridge in the seating region in the claims. However, U.S. Patent 11524298 discloses a means for securing the cartridge in the seated region that includes a vacuum system (col. 11; lines 40-49).
Feiglin teaches a DMF system that manipulated droplets in a disposable cartridge (Abstract). Feiglin teaches a DMF system with a “swappable PCP” based on the type of assay being performed (par. 0033). The system comprises the “typical” DMF electrowetting system elements, including a vacuum mechanism 49 for fixing a cartridge into the system (Fig. 9; par. 0106). It is essential to have a means for securing the cartridge within the system so the cartridge does not become dislodged during sample processing.
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the cartridge securing system of U.S. Patent 11524298 to include a vacuum mechanism as taught by Feiglin in order to hold the cartridge in place while in use. Because both devices use a removable cartridge as a part of a larger analysis system, modifying the system to secure the cartridge by vacuum as provided by Feiglin, provides likewise sought functionality with reasonable expectation of success. MPEP 2143(I)(G).
Claim 5 recites “a thermally conductive via or an upper surface of the seating region.” U.S. Patent 11524298 does not go on to clarify that the upper surface is part of the seating region in claim 5. It is understood that the upper surface of claim 5 of U.S. Patent 11524298 indicates the seating region because that is the surface wherein the temperature is changing.
Claim 18 recites “the upper surface comprising a seating region for holding a cartridge” and “wherein the plurality of light- absorbing regions are thermally coupled to actuation electrodes configured to receive a drive voltage and move the droplet within the cartridge.” U.S. Patent 11524298 recites in claim 23 “a plurality of electrowetting drive electrodes disposed on the upper surface.” It is well known by those skilled in the art that the electrowetting drive electrodes can be used to manipulate droplets through a microfluidic system; this is supported by the description of U.S. Patent 11524298 (col. 3, lines 26-62). While not explicitly stated, it is understood by one skilled in the art that the driving electrodes of U.S. Patent 11524298 operate to drive droplets in an open space (gap) above the seating region where a cartridge is held, therefore moving the droplets within a cartridge. The claim language of U.S. Patent 11524298 claim 23 inherently implies the configuration described in the above recited line of claim 18 of the instant application.
Claim 18 recites “conductive vias configured to heat a droplet disposed in a cartridge seated on the seating region of the upper surface of the first support.” U.S. Patent 11524298 recites in claim 23 “conductive vias configured to heat a droplet disposed adjacent to the upper surface of the first support.” Because claim 23 of U.S. Patent 11524298 recites the driving electrodes are on the upper surface, and as established above the driving electrodes move droplets within a cartridge. Therefore, heating the upper surface of U.S. Patent 11524298 claim 23 is equivalent to heating the cartridge on the seating region of instant application claim 18.
Claim 20 recites “wherein the upper surface comprises a seating region for holding a microfluidics cartridge” and “wherein each light absorbing region is thermally coupled to one or more actuation electrodes by one or more thermally conductive vias, wherein the actuation electrodes are configured to receive a drive voltage and move a droplet within the microfluidics cartridge” U.S. Patent 11524298 claim 51 recites “wherein the upper surface comprises a plurality of electrowetting drive electrodes.” It is well known by those skilled in the art that the electrowetting drive electrodes can be used to manipulate droplets through a microfluidic system; this is supported by the description of U.S. Patent 11524298 (col. 3, lines 26-62). While not explicitly stated, it is understood by one skilled in the art that the driving electrodes of U.S. Patent 11524298 operate to drive droplets in an open space (gap) above the seating region where a cartridge is held, therefore moving the droplets within an air gap of a cartridge. The claim language of U.S. Patent 11524298 claim 51 inherently implies the configuration described in the above recited line of claim 20 of the instant application.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/M.T.H./Examiner, Art Unit 1758
/MARIS R KESSEL/Supervisory Patent Examiner, Art Unit 1758