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 .
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 1 - 19 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 1 recites the limitation “a second end of heating element” in line 5. It is unclear whether this limitation means “a second end of a heating element” or “a second end of the heating element.” This ambiguity amounts to a failure to particularly point out and distinctly claim the subject matter, rendering the claim indefinite. For the purposes of examination, the examiner interprets claim 1 to mean “a second end of the heating element.”
Claims 2 – 7 are rejected under 35 U.S.C. 112(b) as being indefinite due to their dependence on claim 1.
Claim 7 recites the limitation “wherein the substrates of the micro heaters are integrally formed” in lines 1 and 2. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, the examiner interprets this claim to mean “wherein each of the micro heaters further comprises a substrate, and the substrate is integrally formed” following the limitations of claim 2.
Claim 8 recites the limitation “a second end of heating element” in lines 8-9. It is unclear whether this limitation means “a second end of a heating element” or “a second end of the heating element.” This ambiguity amounts to a failure to particularly point out and distinctly claim the subject matter, rendering the claim indefinite. For the purposes of examination, the examiner interprets claim 8 to mean “a second end of the heating element.”
Claims 9 – 19 are rejected under 35 U.S.C. 112(b) as being indefinite due to their dependence on claim 1.
Claim 14 recites the limitation “the micro heater is disposed on the second substrate” in line 4. However, this term is introduced in claim 8 as “a plurality of micro heaters.” It is unclear whether the applicant intends this limitation to apply to a specific one of the plurality of micro heaters, or to each of the micro heaters. This ambiguity amounts to a failure to particularly point out and distinctly claim the subject matter, rendering the claim indefinite. For the purposes of examination, the examiner interprets claim 14 to mean “and a micro heater is disposed on the second substrate.”
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.
Claims 1 – 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ponjee et al (US 20100156444 A1).
With regards to claim 1, Ponjee et al teaches;
The claimed “A heating device” has been read on the taught (Abstract, “The invention relates to different designs of a microelectronic device comprising heating electrodes…”)
The claimed “a plurality of micro heaters which are arranged in an array of rows and columns” has been read on the taught ([0016], “…embodiments of the microelectronic device according to the first aspect of the invention will be discussed that are based on the existence of an array of heating electrodes… Typically such an array is however two-dimensional and preferably planar, and the heating electrodes are arranged in a regular pattern, for example a grid or matrix pattern.”);
The claimed “wherein each of the micro heaters comprises a heating element, a first conductive line and a second conductive line, the first conductive line is connected to a first end of the heating element, and the second conductive line is connected to a second end of heating element” has been read on the taught ([0081], “The heating elements or "heating electrodes" HE consist of resistive electrodes…“; [0088], “For clarity, it is noted that heating elements HE (or FHE) and temperature sensing elements TS require at least two contacts as a current must flow through the electrodes.”).
With regards to claim 2, the device of claim 1 is anticipated by Ponjee et al.
Ponjee et al additionally teaches;
The claimed “wherein each of the micro heaters further comprises a substrate, and each of the heating element, the first conductive line and the second conductive line is disposed on or above the substrate” has been read on the taught ([0081], “The heating elements or "heating electrodes" HE consist of resistive electrodes and are preferably located in the patterned electrode layer closest to the substrate SU carrying the electrodes.”; [0099], “The electronics may also be placed next to the electrodes, or in another place where there is sufficient space and use fan in connections to the heaters, sensors and manipulation electrodes.”; The patterned electrode layer reads on a substrate.);
With regards to claim 3, the device of claim 2 is anticipated by Ponjee et al.
Ponjee et al additionally teaches;
The claimed “wherein each of the micro heaters further comprises an additional layer disposed on the substrate, and the heating element is disposed on the additional layer to be above the substrate” has been read on the taught ([0086], “In addition, an (patterned) electrode layer used for heating may also be present on another substrate above the first mentioned substrate.”).
With regards to claim 4, the device of claim 1 is anticipated by Ponjee et al.
Ponjee et al additionally teaches;
The claimed “wherein the heating element is a resistive heating element” has been read on the taught ([0031], “The heating electrode may particularly be realized by a resistive strip…”).
With regards to claim 5, the device of claim 1 is anticipated by Ponjee et al.
Ponjee et al additionally teaches;
The claimed “wherein the heating element is a patterned heating element” has been read on the taught ([0081], “The heating elements or "heating electrodes" HE consist of resistive electrodes and are preferably located in the patterned electrode layer closest to the substrate SU carrying the electrodes.”; The electrodes being in a patterned electrode layer reads on the heating element being a patterned heating element).
With regards to claim 6, the device of claim 5 is anticipated by Ponjee et al.
Ponjee et al additionally teaches;
The claimed “wherein the heating element is in a snakelike or spiral pattern” has been read on the taught ([0046], “The heating electrode and/or the field electrode may be straight or non-straight (i.e. curved or bent).”; Curved electrodes read on a snakelike pattern. See also [0091]).
With regards to claim 7, the device of claim 1 is anticipated by Ponjee et al.
Ponjee et al additionally teaches;
The claimed “wherein each of the micro heaters further comprises a substrate, and the substrate is integrally formed” has been read on the taught ([0081] through [0083] teach that the substrates may be formed from sequential deposition).
With regards to claim 8, Ponjee et al teaches;
The claimed “an electrowetting on dielectric (EWOD) device, configured to receive one more droplets” has been read on the taught ([0094], “The field electrodes may be used to create a fluid flow, too. This can be achieved by moving the liquid via AC or DC electro-osmosis, electrophoresis, dielectrophoresis, electrohydrodynamics and/or a combination of these effects.”);
The claimed “the EWOD device comprising a plurality of electrode elements arranged in an array of rows and column” has been read on the taught ([0081], “In a first series of embodiments it is proposed to use at least two vertically stacked arrays of electrodes for temperature control and electrical manipulation of fluids/biomolecules.”; [0016] specifies that heating electrodes may be in a grid. [0088] through [0099] describes how the field effect electrodes are arranged relative to the heating elements. Accordingly, the field effect electrodes are also aligned in a grid.);
The claimed “a heating device, comprising a plurality of micro heaters arranged in an array of rows and columns” has been read on the taught ([0016], “… first aspect of the invention will be discussed that are based on the existence of an array of heating electrode… the heating electrodes are arranged in a regular pattern, for example a grid or matrix pattern.”);
The claimed “wherein each of the micro heaters comprises a heating element, a first conductive line and a second conductive line, the first conductive line is connected to a first end of the heating element, and the second conductive line is connected to a second end of heating element” has been read on the taught ([0081], “The heating elements or "heating electrodes" HE consist of resistive electrodes…“; [0088], “For clarity, it is noted that heating elements HE (or FHE) and temperature sensing elements TS require at least two contacts as a current must flow through the electrodes.”).
The claimed “wherein the micro heaters of the heating device are disposed in relative to the electrode elements of the EWOD device, respectively” has been read on the taught ([0088], “The field and heating electrode layers are preferably aligned with respect to one another.”);
With regards to claim 9, the device of claim 8 is anticipated by Ponjee et al.
Ponjee et al additionally teaches;
The claimed “wherein the micro heaters of the heating device are disposed below or above the electrode elements of the EWOD device, respectively” have been read on the taught ([0010], “…the heating electrode is disposed in a first layer […] and the field electrode is disposed in a second layer […] wherein said layers are arranged one upon the other and adjacent to the sample chamber.”).
With regards to claim 10, the device of claim 8 is anticipated by Ponjee et al.
Ponjee et al additionally teaches;
The claimed “wherein the micro heaters of the heating device are disposed beside the electrode elements of the EWOD device, respectively” has been read on the taught ([0013], “The aforementioned alignment may optionally comprise the situation that the field electrodes are at least partially disposed above the gaps between the heating electrodes.”).
With regards to claim 11, the device of claim 8 is anticipated by Ponjee et al.
Ponjee et al additionally teaches;
The claimed apparatus “further comprising a plurality of thermal sensors, which are disposed above or below the electrode elements of the EWOD device, respectively” has been read on the taught ([0032], “Preferably, the microfluidic device comprises a plurality of temperature sensors. In another preferred embodiment, said temperature sensor is comprised in the heating layer.”).
With regards to claim 12, the device of claim 8 is anticipated by Ponjee et al.
Ponjee et al additionally teaches;
The claimed apparatus “further comprising a plurality of thermal sensors, which are disposed above or below the micro heaters of the heating device, respectively” has been read on the taught ([0081], “In a preferred embodiment, at least one temperature sensing element, consisting of a resistive electrode, is incorporated in at least one of the patterned electrode layers.”; A sensing element in the field effect electrode layer reads on the sensor being disposed above or below the micro heaters).
With regards to claim 13, the device of claim 8 is anticipated by Ponjee et al.
Ponjee et al additionally teaches;
The claimed apparatus “further comprising a plurality of thermal sensors, which are disposed beside the micro heaters of the heating device or the electrode elements of the EWOD device, respectively” has been read on the taught “([0032], “Preferably, the microfluidic device comprises a plurality of temperature sensors. In another preferred embodiment, said temperature sensor is comprised in the heating layer.”).
With regards to claim 14, the device of claim 8 is anticipated by Ponjee et al.
Ponjee et al additionally teaches;
The claimed apparatus “wherein each of the electrode elements of the EWOD device comprises an electrode, a first substrate and a second substrate disposed opposite to the first substrate, the electrode is disposed on the first substrate, and the micro heater is disposed on the second substrate” has been read on the taught ([0010], “…the heating electrode is disposed in a first layer […] and the field electrode is disposed in a second layer […] wherein said layers are arranged one upon the other and adjacent to the sample chamber.”).
With regards to claim 15, the device of claim 8 is anticipated by Ponjee et al.
Ponjee et al additionally teaches;
The clamed apparatus “further comprising a main substrate. wherein the electrode elements of the EWOD device and the micro heaters of the heating device are disposed on the main substrate” has been read on the taught ([0095], “The (metal) electrodes used for heating and/or manipulation may be additionally deposited on top of a backplane containing the active matrix electronics.”; A backplane reads on a main substrate.)
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 16 – 19 are rejected under 35 U.S.C. 103 as being unpatentable over Ponjee et al (US 20100156444 A1) in view of Pease et al (US 20040151629 A1).
With regards to claim 16, the device of claim 8 is anticipated by Ponjee et al.
Ponjee et al additionally teaches that the micro heaters may be individually controllable, as read on the taught ([0059], “…each heating electrode and/or field electrode is locally associated to an addressing element, a driving unit, a memory unit and/or a frequency oscillator.”)
However, Ponjee et al does not explicitly disclose wherein the micro heaters of the heating device define a plurality of temperature zones to heat the droplet received in the EWOD device with different temperatures.
In the analogous art of microfluidic devices with heaters, Pease et al teaches;
The claimed “the micro heaters of the heating device define a plurality of temperature zones to heat the droplet received in the EWOD device with different temperatures” have been read on the taught ([0036], “Independently addressable electronic devices for thermal control also are provided. These thermal control devices may facilitate defining distinct thermal zones or regions across the substrate portion.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Ponjee et al with the thermal control zones as taught by Pease et al. According to MPEP 2143(I)(C), use of a known technique to improve similar devices in the same way may be prima facie obvious. In the case of the instant invention, the prior art of Ponjee et al teaches a microfluidic device with addressable heating elements, upon which the claimed invention can be seen as an improvement. The prior art of Pease et al teaches a comparable device which has been improved with the temperature zones of the claimed invention. One of ordinary skill in the art could have applied the known technique of temperature zones in the same way to the base device, for the predictable result of allowing regions having different temperatures to exist in the same device.
With regards to claims 17 and 18, the device of claim 16 is obvious over Ponjee et al in view of Pease et al.
According to MPEP 2144.04(VI)(B), mere duplication of parts has no patentable significance unless a new and unexpected result is produced—see In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). Likewise, MPEP 2144.04(VI)(C) teaches that rearrangement of parts is not sufficient to distinguish a claimed invention over the prior art if shifting the position of the component would not modify the operation of the device—see In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). As the specification of the instant application does not disclose any unexpected results occurring from the number micro heaters within a given temperature zone, and as the number of heaters in a given zone would not change the operation of the device, the limitations of claims 17 and 18 are not sufficient to distinguish the claimed invention over the prior art of Ponjee et al in view of Pease et al.
With regards to claims 19, the device of claim 16 is obvious over Ponjee et al in view of Pease et al.
According to MPEP 2144.04(VI)(C) teaches that rearrangement of parts is not sufficient to distinguish a claimed invention over the prior art if shifting the position of the component would not modify the operation of the device—see In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). As the temperature zones being arranged in concentric rings would not change the operation of the device, the limitation of claims 19 is not sufficient to distinguish the claimed invention over the prior art of Ponjee et al in view of Pease et al.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pamula et al (US 8349276 B2) teaches a droplet microfluidic device with heating units.
Hadwen et al (US 20110268151 A1) teaches an electrowetting-on-dielectric device with heating elements.
Troian et al (US 20020150683 A1) teaches a droplet manipulation device with individually addressable heating devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALISON CLAIRE GERHARD whose telephone number is (571)270-0945. The examiner can normally be reached M-F, 9:00 - 5:30pm EST.
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, Lyle Alexander can be reached at (571) 272-1254. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALISON CLAIRE GERHARD/Examiner, Art Unit 1797 /LYLE ALEXANDER/Supervisory Patent Examiner, Art Unit 1797