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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on May 5, 2026 has been entered.
Claim Status
Claims 2-4, 6-10, 12 are pending.
Claims 1,5 are canceled.
Claims 8 has been amended.
Claim 11 is withdrawn.
Claim 12 is new.
Claim Rejections - 35 USC § 103
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 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.
Claims 2-4, 7, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Lang et. al. (US20120273077) and in view of Chou et. al. (WO 0229106 A2).
Regarding claim 8, Lang teaches “A device of fluidic valve type,” (Title, Flow Resistor); “comprising:
a fluidic circuit comprising an inlet channel and an outlet channel;” (Para [0041] and Figs 1a and 1b, An inlet opening 34 with hose connection 36 as well as an outlet opening 38 with hose connection 40 are provided in the lower cover 26.);
“a fluidic component comprising a fluidic valve mechanism ” (Paras [0039 and [0005], The microvalve comprises a valve chamber with an inlet conduit and an outlet conduit. A membrane 22 runs between the cavity 16 and the flow space 20, which membrane 22 is an integral component of the Si substrate 12.);
“including: a fluid tight reservoir ” (Para [0043] and Figs 1a and 1b, Furthermore, an expansion chamber 16 is provided that contains a working medium that expands upon being heated.).
The recitation “intended to be filled with a volume of gas capable of expanding,” is also taught within Lang (Para [0042] A medium 42 such as gas or a liquid is enclosed in the cavity 16.).
Further taught by Lang “and a deformable membrane closing said reservoir in a fluid tight manner,” (Paras [0042] and [0043], As can be gathered from the FIG. 1a, 1b, the membrane 22 forms a wall of the cavity 16. If the enclosed medium 42 is heated, the membrane 22 deflects, as is shown in FIG. 1b. A medium 42 such as gas or a liquid is enclosed in the cavity 16.).Therefore, the reservoir which has the membrane around it encloses a liquid which teaches to a fluid tight membrane.
Further taught in the Lang reference, “said membrane being able to deform by expansion of said volume of gas, between a first position in which the membrane forms a passage between said inlet channel and said outlet channel so as to allow a fluid to pass, and a second position in which the membrane obstructs said passage” (Figs 1a and 1b and Para [0044] The membrane 22 is also a limitation of the flow conduit 32 at the same time. The membrane 22 is bent in the direction of the arrow 44 by a pressure exerted on the membrane 22 by the temperature expansion of the medium 42 so that a cross section 46 of the flow conduit 32 is constricted. The flow resistance is consequently increased and the flow rate is reduced.);
“and a heating module” (Para. [0093], Upon a thermal expansion of the enclosed medium 42 inside the cavity 16 a pressure is exerted on the membrane 22 in the direction of arrow 60 so that this membrane is pressed against the surface 52 of the cover plate 54 and consequently forms a wall section of the flow conduit 50 and determines the length of the flow conduit). Therefore, the thermal expansion is implicit of heating by a heating module.
Further taught “designed to heat said volume of gas contained in said reservoir and commanded to heat said volume of gas to a temperature sufficient to expand said volume of gas present in the reservoir, causing the membrane to deform from the first position toward the second position” (Paras [0004], [0005], [0020], [0031] Fig 1a and 1b, Furthermore, an expansion chamber is provided that contains a working medium that expands upon being heated. The cavity preferably receives a gas or liquid as medium. If the medium enclosed in the cavity is heated, the membrane deflects and curves against the helical recess so that the cross section of the flow conduit is reduced and the effective length of the flow conduit is enlarged. a disk for sealing the pressure-producing medium is connected to the bottom surface of the adiabatic chamber and an apparatus for heating the thermal expansion solution filled into the pressure-producing space is provided.).
Lang further teaches “wherein said fluidic valve mechanism (membrane 22) is arranged on the fluidic circuit with the outlet channel of the fluidic circuit opening into flow space 20.
Although the flow space 20 of Lang would be capable of containing a reaction, Lang does not explicitly teach flow space 20 as a reaction chamber.
However, Chou teaches microfluidic devices including flow resistor in addition to “wherein the fluidic circuit comprises a reaction chamber, wherein said fluidic valve mechanism is arranged on the fluidic circuit with the outlet channel of the fluidic circuit opening into said reaction chamber,” (Page 5 lines 14- and page 31 lines 3-5 and lines 27-32, Fig. 17A is a plan view of a flow layer of an addressable reaction chamber structure. In a further embodiment of the invention, illustrated in Figs. 17 A, 17B, 17C and 17D, a system for selectively directing fluid flow into one more of a plurality of reaction chambers disposed along a flow line is provided. Pressurization of control line 32 A will cause the membrane 25 (i.e.: the thin portion of elastomer layer 100 located below extending portion 33 A and over regions 82A of reaction chamber 80A) to become depressed, thereby shutting off fluid flow passage in regions 82A, effectively sealing reaction chamber 80 from flow channel 30. The concept of selectably controlling fluid introduction into various addressable reaction chambers disposed along a flow line (Figs. 17A-D) can be combined with concept of selectably controlling fluid flow through one or more of a plurality of parallel flow lines (Fig. 16) to yield a system in which a fluid sample or samples can be can be sent to any particular reaction chamber in an array of reaction chambers.). Therefore, the membrane 25 between the flow channel and the reaction chamber 80 corresponds to the claimed location in relation to the membrane and the channel.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lang to incorporate the teachings of Chou by having a reaction chamber in such position. Doing so would allow the reaction chamber to become sealed as taught within Chou.
Modified Lang does not explicitly teach a heating module disposed below the fluidic valve mechanism (membrane 22) and the reaction chamber.
However, Chou further teaches “wherein the heating module is disposed below the fluidic valve mechanism and the reaction chamber such that the heating module heats both: said reaction chamber in order to perform a reaction, and the reservoir of said fluidic valve mechanism so as to expand the volume of gas, causing the membrane to move toward the second position to isolate the reaction chamber during said reaction.” (Page 27 line 29- Page 28 line 4, It is also possible to actuate the device by causing a fluid flow in the control channel based upon the application of thermal energy, either by thermal expansion or by production of gas from liquid. For example, in one alternative embodiment in accordance with the present invention, a pocket of fluid (e.g. in a fluid-filled control channel) is positioned over the flow channel. Fluid in the pocket can be in communication with a temperature variation system, for example a heater. Thermal expansion of the fluid, or conversion of material from the liquid to the gas phase, could result in an increase in pressure, closing the adjacent flow channel. Subsequent cooling of the fluid would relieve pressure and permit the flow channel to open.). Therefore, a fluid pocket that has heat applied via a heater to close or open the flow channel corresponds to a heating module being below the reaction chamber 80 as recited in the claim; the reaction chamber, valve, and flow channel are all fluidly connected to cause isolation of reaction chamber 80 as taught above.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Lang to incorporate the teachings of Chou by having a heating module in the claimed position. Doing so would allow for heating of liquids to form gases which aid in sealing the reaction chamber as taught within Chou.
The recitation “in order to perform a detection reaction”… “causing the membrane to move toward the second position to isolate the reaction chamber during said detection reaction” is a capability of the heating module. Modified Lang discloses the positively claimed structural elements of the heating element as claimed. Thus, the prior art heating element is fully capable of the recited operation.
Regarding claim 2, Modified Lang teaches all of claim 8 as above in addition to “at least a first substrate wherein said inlet channel and said outlet channel are produced” (Para [0041] and Figs 1a and 1b, An inlet opening 34 with hose connection 36 as well as an outlet opening 38 with hose connection 40 are provided in the lower cover 26.); “and a second substrate into which there is hollowed a cavity forming said reservoir, facing the inlet channel and the outlet channel,” (Para [0039] and Fig 1a and 1b, silicon wafer 12 housing the cavity 16); and “said membrane being interposed between the first substrate and said second substrate in order to cover said cavity.” (Para [0039] and Fig. 1a and 1b, membrane 22).
Regarding claim 3, Modified Lang teaches all of claim 8 as above but does not teach “wherein the membrane is produced from a material of elastomer type.”
Chou teaches “wherein the membrane is produced from a material of elastomer type.” (Page 31 lines 17-18, will cause the membrane 25 (i.e.: the thin portion of elastomer layer 100 located below the extending portion 33A and over regions 82A of the rection chamber 80A) to become depressed.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lang to incorporate the teachings of Chou wherein the membrane is produced from a material of elastomer type. Doing so allows the membrane to be depressed as taught within Chou which allows the membrane to act as a valve and close off the rection chamber.
Regarding claim 4, Modified Lang teaches all of claim 8 as above in addition to “wherein said fluidic component is produced in a form of a one-piece element incorporating said fluidic circuit and said fluidic valve mechanism.” (Figs 1a and 1b, the fluidic circuit (inlet and outlet) and the valve mechanism within the substrate 12 stacked together in layers forming a one-piece element). Per applicants specification a single one-piece element may be produced by superposing several layers.
Regarding claim 7, Modified Lang teaches all of claim 8 as above in addition to “wherein said component is produced in the form of a one-piece element and wherein the heating module is incorporated into said one-piece element.” (Para [0004], Furthermore, a membrane connected to the upper circumference of the adiabatic chamber is provided, whereby the membrane forms a refrigerating agent space into which refrigerating agent is filled in, which refrigerating agent space is arranged between the cover plate and the adiabatic chamber. Furthermore, a disk for sealing the pressure-producing medium is connected to the bottom surface of the adiabatic chamber and an apparatus for heating the thermal expansion solution filled into the pressure-producing space is provided.) Therefore having the disk sealing the pressure producing medium which is connected to the bottom surface of the chamber and an apparatus for heating teaches to the heating module being within the one-piece element. Applicant’s specification teach to a one-piece element being layers put together.
Claims 6, 9, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Lang et. al. (US20120273077) and in view of Chou et. al. (WO 0229106 A2). As applied to claim 8 and in further view of Handique et. al. (US 6911183 B1).
Regarding claim 6, Modified Lang teaches all of claim 8 as above but Lang does not teach, “wherein said component is produced in the form of a one-piece element able to fit onto a support including said heating module.”
Handique teachesthe movement and mixing of microdroplets through microchannels employing microscale devices, comprising microdroplet transport channels, reaction regions, electrophoresis modules, and radiation detectors in addition to “wherein said component is produced in the form of a one-piece element able to fit onto a support including said heating module.” (Column 20 lines 16-23 , and (FIG. 8A), the device comprises a glass top (810A) bonded to a silicon substrate (810B) containing the heater (891), the contact pad (892) and the resisitive temperature detector (893). The glass side has channels and chambers etched into it. FIG. 8A shows the inlet (820) and overflow (830) ports, a gas vent (870) and an air chamber (880).).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Lang to incorporate the teachings of Handique wherein said component is produced in the form of a one-piece element able to fit onto a support including said heating module. Doing so allows heating element to contact the one-piece element with ease and increases the efficiency of the heating element to heat the reservoir.
Regarding claim 9, modified Lang teaches all of claim 8 as above, but Lang does not teach “wherein the heating module comprises at least two resistive branches in parallel, each one configured to exhibit a distinct electrical resistance, the first branch being dedicated to providing a first thermal power and the second branch dedicated to providing a second thermal power, said first thermal power being higher than the second thermal power.”.
Chou teaches resistive heaters within Page 36 line 29 but does not teach such claim limitation.
Handique teaches “wherein the heating module comprises at least two resistive branches in parallel,” (Column 18 lines 64-66 and Column 19 lines 12-14, A series of metal heaters was inlaid 65 on the silicon substrate as two parallel lanes merging into a single lane. Some heating elements were also used as resistive temperature sensors.).
The recitation “each one configured to exhibit a distinct electrical resistance, the first branch being dedicated to providing a first thermal power and the second branch dedicated to providing a second thermal power, said first thermal power being higher than the second thermal power.” is capability of the two resistive branches. However Handique teaches the resistive temperature sensors which always have a thermal power. Handique also teaches several independent heating elements within (Column 28 lines 51-54, The use of several independent heating elements permits a small number to operate as highly accurate resistive temperature sensors, while the majority of elements are functioning as heaters.). Therefore, the modified device of Lang with Handique would be capable of having resistive branches in parallel with one having a higher thermal power than the other.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Lang to incorporate the teachings of Handique wherein the heating module comprises at least two resistive branches in parallel. Doing so allows for the device to have more than one heating element that can be controlled and have a different temperature output. This is very useful if a set temperature is needed to cause a balloon type valve to open or close and another temperature to ensure a chemical or biological reaction is complete within a reaction chamber. The parallel heating element allows for higher current capacity of the device.
Regarding claim 10, modified Lang teaches all of claim 8 as above, but Lang does not teach “wherein the heating module comprises at least two resistive branches in series, each one configured to exhibit a distinct electrical resistance, the first branch being dedicated to providing a first thermal power and the second branch dedicated to providing a second thermal power distinct from the first thermal power.”
Chou teaches resistive heaters within Page 36 line 29 but does not teach such claim limitation.
Handique teaches “wherein the heating module comprises at least two resistive branches in series” (Column 4 lines 41-47, and Column 19 lines 12-14, it comprises a series of aluminum heating elements arrayed along said transport channel and the microdroplets are conveyed by differential heating of the microdroplet by the heating elements. Some heating elements were also used as resistive temperature sensors.)
The recitation “each one configured to exhibit a distinct electrical resistance, the first branch being dedicated to providing a first thermal power and the second branch dedicated to providing a second thermal power distinct from the first thermal power” is capability of the two resistive branches. However Handique teaches the resistive temperature sensors which always have a thermal power. Handique also teaches several independent heating elements within (Column 28 lines 51-54, The use of several independent heating elements permits a small number to operate as highly accurate resistive temperature sensors, while the majority of elements are functioning as heaters.). Therefore, the modified device of Lang with Handique would be capable of having resistive branches in series with one having a higher thermal power than the other.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Lang to incorporate the teachings of Handique comprising a wherein the heating module comprises at least two resistive branches in series. Doing so allows for the device to have more than one heating element that can be controlled and have a different temperature output. This is very useful if a set temperature is needed to cause a balloon type valve to open or close and another temperature to ensure a chemical or biological reaction is complete within a reaction chamber. The series branches offer a device which is uses low power easier to assemble and provides a higher voltage.
Response to Arguments
Applicant’s arguments, see applicant arguments and remarks dated May 5, 2026, with respect to the rejection(s) of claim(s) 2-4, 6-10 under 102 and 103 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 claim amendments.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VELVET E HERON whose telephone number is (571)272-1557. The examiner can normally be reached M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Capozzi can be reached on (571) 270-3638. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/V.E.H./Examiner, Art Unit 1798
/CHARLES CAPOZZI/Supervisory Patent Examiner, Art Unit 1798
Prosecution Insights