DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Group I: Claims 1-13 in the reply filed on 27 NOVEMBER 2025 is acknowledged.
Claims 14-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 27 NOVEMBER 2025.
Status of Claims
Claims 1-13 were elected without on 27 NOVEMBER 2025.
Current pending claims for consideration are Claims 1-13 and are considered on the merits below.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 20 DECEMBER 2022 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities:
There are periods after each steps in [0023-0027], even though these are now complete sentences. Did Applicant intended to put a semicolon (;) ?
In [0027], there is mention of a step b and c, but there is no steps b and c in the previous paragraphs.
Appropriate correction is required.
Drawings
The drawings are objected to because : In Figure 3, the reference characters “W” are blurry and/or very small to read. The same is seen in Figure 7c, for the “a” reference characters. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5 and 8-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 recites the limitation "the first actuation inducing field" and "the second actuation inducing field" and "the plurality of actuation inducing field". There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the height" . There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the length" . There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the width" . There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the subsequent actuation inducing field" and "the first actuation inducing field" . There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the entry point" . There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5 and 11-13 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by IMAI, US Publication No. 2019/0084011 A1.
Applicant’s invention is directed towards a device, a microfluidic device.
Regarding Claim 1, the IMAI reference discloses a microfluidic device for sorting particles, abstract, Figures 1, 6, 7, 8 and 9, comprising:
a microfluidic channel configured to receive a microfluidic flow that comprises a plurality of particles having different characteristics, wherein the microfluidic channel has a plurality of output flow channels, Figures 1 and 9, [0019-0021, 0063-0066], input unit and output units;
a first detector configured to detect the location of the particles, Figure 1 and 3, [0022-0024], determination unit ;
a plurality of actuators located along the direction of the microfluidic flow and defining a sorting electrode arrangement, Figure 3 and 9, [0025, 0026], electrodes 61 and 62; and
a controller configured to receive signals from the first detector and to provide force field profiles for each of the plurality of particles, Figure 1 and 3, [0027, 0028], circuit 53,
wherein each force field profile comprises a plurality of deflection force settings along the direction of the microfluidic flow, Figure 3 and 9, [0025, 0026, 0051, 0072, 0073], Claim 14, wherein the controller is additionally configured to, based on the provided force field profiles, individually address the plurality of actuators to generate a plurality of actuation inducing fields along the direction of the microfluidic flow, Figure 9, [0072, 0073], guides cells to a particular branch channel, wherein the actuation inducing fields are configured to generate the deflection force settings in the force field profiles, wherein the plurality of the force field profiles are different for each different particle and are provided to direct each particle in a gradual manner within the sorting electrode arrangement, and wherein the controller is additionally configured to gradually direct at least two different particles simultaneously within the sorting electrode arrangement, [0015, 0051, 0072, 0073], Claims 8, 9, 12, 14, 18.
Additional Disclosures Included are: Claim 2: wherein the microfluidic device of claim 1, wherein deflection directions of all the deflection force settings in the same force field profile have the same polarity, [0025-0027].; Claim 3: wherein the microfluidic device of claim 1, further comprising a second detector, wherein the controller is additionally configured to use the second detector to determine the force field profiles for each of the plurality of particles, Figure 9, [0066].; Claim 4: wherein microfluidic device of claim 1, wherein the actuation inducing fields are dielectrophoretic electric fields, and wherein the force field profiles are electric field gradient profiles, [0016, 0025, 0036].; Claim 5: wherein the microfluidic device of claim 4, wherein the controller is configured to direct at least a first particle according to a first force field profile and to direct a second particle according to a second force field profile, wherein each force field profile comprises a first deflection force setting and a second deflection force setting, wherein the controller simultaneously generates the first deflection force setting by the first actuation inducing field according to the second force field profile for the second particle and the second deflection force setting by the second actuation inducing field according to the first force field profile for the first particle, and wherein the controller is configured to individually and dynamically adjust the plurality of actuation inducing fields based on the location of the first and second particle, Figure 9. Fifth Embodiment, [0063-0079].; Claim 11: wherein the microfluidic device of claim 1, further comprising a pair of centralizing electrodes configured to preset the entry point of the particles before the particles arrive at the sorting electrode arrangement, Figure 7, Claim 6, separation unit 60 has electrode, [0051-0053].; and Claim 12: wherein the microfluidic device of claim 4, wherein the actuators are connected to at least one of a DC voltage source or an AC voltage source, [0027].
Applicant’s invention is directed to a device.
Regarding Claim 13, the IMAI reference discloses a particle processing device, abstract, abstract, Figures 1, 3, 6, 7, 8 and 9, comprising:
a microfluidic device, abstract, Figures 1, 6, 7, 8 and 9, that comprises:
a microfluidic channel configured to receive a microfluidic flow that comprises a plurality of particles having different characteristics, wherein the microfluidic channel has a plurality of output flow channels, Figures 1 and 9, [0019-0021, 0063-0066], input unit and output units;
a first detector configured to detect the location of the particles, Figure 1 and 3, [0022-0024], determination unit;
a plurality of actuators located along the direction of the microfluidic flow and defining a sorting electrode arrangement, Figure 3 and 9, [0025, 0026], electrodes 61 and 62; and
a controller configured to receive signals from the first detector and to provide force field profiles for each of the plurality of particles, Figure 1 and 3, [0027, 0028], circuit 53,
wherein each force field profile comprises a plurality of deflection force settings along the direction of the microfluidic flow, Figure 3 and 9, [0025, 0026, 0051, 0072, 0073], Claim 14, wherein the controller is additionally configured to, based on the provided force field profiles, individually address the plurality of actuators to generate a plurality of actuation inducing fields along the direction of the microfluidic flow, Figure 9, [0072, 0073], guides cells to a particular branch channel, wherein the actuation inducing fields are configured to generate the deflection force settings in the force field profiles, wherein the plurality of the force field profiles are different for each different particle and are provided to direct each particle in a gradual manner within the sorting electrode arrangement, and wherein the controller is additionally configured to gradually direct at least two different particles simultaneously within the sorting electrode arrangement, [0015, 0051, 0072, 0073], Claims 8, 9, 12, 14, 18.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over IMAI, US Publication No. 2019/0084011 A1, and further in view of CHO, US Publication No. 2007/0152206 A1.
Regarding Claim 6, the IMAI reference discloses the claimed invention, but is silent in regards to wherein the wherein the plurality of actuators comprise a first conductive pillar array inside the microfluidic channel, and wherein the first conductive pillar array is adjacent to a first wall.
The CHO reference discloses a microfluidic device for sorting particles, abstract, device, [0011], device to increase concentration and separate, Figure 4, [0048], comprising:
a microfluidic channel configured to receive a microfluidic flow that comprises a plurality of particles having different characteristics, wherein the microfluidic channel has an output flow channel, Figure 4 and 5, [0045, 0059];
a first detector configured to detect the location of the particles, [0044];
a plurality of actuators located along the direction of the microfluidic flow and defining a sorting electrode arrangement, Figure 1, 5 and 11, [0015, 0052, 0058, 0059, 0075]; and
a controller configured to receive signals from the first detector and to provide force field profiles for each of the plurality of particles, [0025, 0064, 0072], wherein each force field profile comprises a plurality of deflection force settings along the direction of the microfluidic flow, Figure 11, [0075], wherein the controller is additionally configured to, based on the provided force field profiles, individually address the plurality of actuators to generate a plurality of actuation inducing fields along the direction of the microfluidic flow, wherein the actuation inducing fields are configured to generate the deflection force settings in the force field profiles, wherein the plurality of the force field profiles are different for each different particle and are provided to direct each particle in a gradual manner within the sorting electrode arrangement, and wherein the controller is additionally configured to gradually direct at least two different particles simultaneously within the sorting electrode arrangement, [0075]; and wherein the plurality of actuators comprise a first conductive pillar array inside the microfluidic channel, Figures 1, 5 and 11, [0013, 0015, 0032-0038, 0079], and wherein the first conductive pillar array is adjacent to a first wall, Figures 1, 5 and 11.
It would be obvious to one having ordinary skill in the art before the effective filing date to modify the claimed invention so that the plurality of actuators comprise a first conductive pillar array inside the microfluidic channel as taught by CHO so that when an electric field is applied to the electrode, particles can be collected with a strong collecting force, and thus the particles can be manipulated at high flow rate, CHO [0079].
Additional Disclosures Included by the combination are : Claim 7: wherein the microfluidic device of claim 6, wherein the plurality of actuators comprise a second conductive pillar array inside the microfluidic channel, and wherein the second conductive pillar array is adjacent to a second wall opposed to the first wall, CHO Figure 11, [0027, 0075, 0076]. It would be obvious to one having ordinary skill in the art before the effective filing date to modify the claimed invention so that plurality of actuators comprise a second conductive pillar array inside the microfluidic channel, and wherein the second conductive pillar array is adjacent to a second wall opposed to the first wall as taught by CHO so that when an electric field is applied to the electrode, particles can be collected with a strong collecting force, and thus the particles can be manipulated at high flow rate, CHO [0079]. ; Claim 8: wherein the microfluidic device of claim 6, wherein the height of conductive pillars of the first and second conductive pillar arrays is at least 80% of the height of the wall, CHO Figure 9 and 11, [0035, 0036, 0037, 0055, 0062-0064], Claim 4 and 21. It would be obvious to one having ordinary skill in the art before the effective filing date to modify the claimed invention so that the height of conductive pillars of the first and second conductive pillar arrays is at least 80% of the height of the wall as taught by CHO so that when an electric field is applied to the electrode, particles can be collected with a strong collecting force, and thus the particles can be manipulated at high flow rate, [0079]. ; Claim 9 : wherein the microfluidic device of claim 1, wherein the plurality of actuators comprise a first actuator array located on a first side of a wall and a second actuator array located on a second side of the same wall, wherein the length of each actuator of the first actuator array is shorter than half of the width of the wall, CHO Figure 5, 9 and 11, [0035, 0036, 0037, 0055, 0062-0064]. It would be obvious to one having ordinary skill in the art before the effective filing date to modify the claimed invention so that the plurality of actuators comprise a first actuator array located on a first side of a wall and a second actuator array located on a second side of the same wall, wherein the length of each actuator of the first actuator array is shorter than half of the width of the wall as taught by CHO so that when an electric field is applied to the electrode, particles can be collected with a strong collecting force, and thus the particles can be manipulated at high flow rate, [0079] and increase trapping efficiency, CHO [0075].; and Claim 10: wherein the microfluidic device of claim 1, wherein the width of the actuators used for generating the subsequent actuation inducing field is equal to or shorter than the width of the actuators used for generating the first actuation inducing field, CHO Figure 6, [0060], [0034-0039]. It would be obvious to one having ordinary skill in the art before the effective filing date to modify the claimed invention so the width of the actuators used for generating the subsequent actuation inducing field is equal to or shorter than the width of the actuators used for generating the first actuation inducing field as taught by CHO so that when an electric field is applied to the electrode, particles can be collected with a strong collecting force, and thus the particles can be manipulated at high flow rate, CHO [0079] and increase trapping efficiency, CHO [0075].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE T MUI whose telephone number is (571)270-3243. The examiner can normally be reached M-Th 5:30 -15:30 EST.
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CTM
/CHRISTINE T MUI/Primary Examiner, Art Unit 1797