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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12 May 2026 has been entered.
Response to Amendment
This is an office action in response to Applicant’s arguments and remarks filed on 12 May 2026. Claims 1-9 are pending in this application. Claims 1-9 are being examined herein.
Status of Objections and Rejections
The rejection of claims 1-9 under 35 U.S.C. § 103 are withdrawn in view of amendments; however, a new ground of rejection is made.
Response to Arguments
Applicant’s arguments, see remarks pages 4-5, filed 12 May 2026, with respect to the rejection(s) of claim(s) 1-9 under 35 U.S.C. § 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 Therefore, the rejection has been withdrawn.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 Oliveira in view of Camargo and Burton, et. al. ("Review—The “Real-Time” Revolution for In situ Soil Nutrient Sensing;" citations made with respect to provided copy).
Applicant argues the prior art and previous rejection of record to not teach or fairly disclose the limitations added by the amendments (Remarks, pg. 5, 02).
Regarding the amendment, “a portable smartphone-controlled potentiostat configured to calculate capacitance from impedance using data from the capacitive sensors,” Examiner notes Oliveira teaches the device is capable of impedance measurements. Specifically, Oliveira teaches the smartphone controlled potentiostat can measure impedance to create analytical curves when related to corresponding capacitance (pg. 12379, col. 2, section "Analyses").
Regarding the amendment, “wherein the system is configured to predict an ionic composition profile of the extracted aqueous phase from the calculated capacitance using a trained machine-learning model,” Examiner agrees that the prior art of record does not teach or disclose this limitation. Examiner turns to Burton to remedy this deficiency.
Applicant offers no additional arguments for dependent claims 2-9 aside from their dependence on claim 1.
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 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Oliveira, et. al. ("Low-Cost and Rapid-Production Microfluidic Electrochemical Double-Layer Capacitors for Fast and Sensitive Breast Cancer Diagnosis") in view of Camargo, et. al. (Cleanroom-free, fast, solventless, and bondless fabrication and application in high throughput liquid-liquid extraction") (citations for both made with respect to the provided copy with office action dated 29 July 2025) and Burton, et. al. ("Review—The “Real-Time” Revolution for In situ Soil Nutrient Sensing;" citations made with respect to provided copy).
Regarding claim 1, Oliveira teaches low-cost microfluidic sensor with capillary capacitors for sample analysis (Abstract), comprising an electrochemical double-layer capillary capacitors embedded in a PDMS substrate (pg. 12378, col. 1, par. 02) (a portable microfluidic system) wherein the electrodes are capillaries that inserted from one side of the substate and span across the width of the substrate to come out across the other side of the substrate (Fig. 1) (wherein the microfluidic chips comprise microfluidic channels) (capacitive sensors). Oliveira teaches that pre-mixed/pre-treated sample (pg. 12380, "Modification of the MBs with Polyclonal Antibodies (MBs-Ab)" section) is introduced into the system via syringes (pg. 12378, par. 01) (syringe pumps configured to provide flow through the microfluidic chips). Oliveira teaches this device can be made portable by further comprising a hand-held potentiostat and a smart phone to control the potentiostat (pg. 12382; par. 04) (a portable smartphone-controlled potentiostat). Oliveira teaches the smartphone controlled potentiostat can measure impedance to create analytical curves when related to corresponding capacitance (pg. 12379, col. 2, section "Analyses") (configured to calculate capacitance from impedance using data from the capacitive sensors).
Modified Oliveira is silent to a microfluidic chip for oil sample analysis, microfluidic chips configured to extract an aqueous phase from an oil sample having a BSW value lower than 1%.
Camargo teaches a microfluidic device that provides turbulence under harsh flow rates (Abstract). Camargo teaches a microfluidic device formed through PSR (pg. 75, section 2.2 "Microfabrication") that uses multiple inlets with syringe pumps into channels to generate microemulsions to mix different fluids together by the turbulent flow (pg. 76, section 2.5 "Turbulence"; pg. 77, section 3.2 "Turbulence") and uses a potentiostat for analysis of the sample mixture (pg. 76, section 2.6 “Elastic deformation”). Camargo teaches one application that is the formation of microemulsions of water and oil to liquid-liquid extractions (pg. 75, section 2.7 "Liquid-liquid extraction) (for oil sample analysis) (microfluidic chips configured to extract an aqueous phase from an oil sample). Camargo teaches performing a liquid-liquid extraction on a microscale by a microfluidic device that reduces solvent volumes and waste production and allows for easy automation of a common preconcentration, pre-treatment step (pg. 81, section 3.6 "Comparison with the literature: liquid-liquid extraction").
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify the microfluidic analysis chip of Oliveira to accommodate liquid-liquid extractions for oil samples as taught by Camargo because liquid-liquid extraction is a common pre-treatment step for mixed samples and the modification allows pre-treatment and analysis to be done on a singular, automated chip (Camargo, pg. 81, section 3.6 "Comparison with the literature: liquid-liquid extraction") with reasonable expectation of success. MPEP 2143(I)(G).
Examiner notes “an oil sample having a BSW value lower than 1%” is drawn to a functional limitation of the microfluidic device. Further “an oil sample” is not a positively recited element of the microfluidic device. Therefore, the microfluidic device as taught by Oliveira in view of Camargo is capable of being used with an oil sample having a BSW value lower than 1%.
Modified Oliveira is silent to wherein the system is configured to predict an ionic composition profile of the extracted aqueous phase from the calculated capacitance using a trained machine-learning model.
Burton teaches applications of advanced technology to take results from electrochemical sensors to produce real-time information through decision management systems (Abstract). Burton teaches several sensors, with one type being electrochemical sensors like ion selective electrodes for measuring impedance in complex samples (Fig. 1; pg. 5, col. 1, par. 01). Burton teaches these on-site sensor systems comprise a sensor with a microcontroller, wherein the microcontroller remotely transmits and receives data over a network to a device like a smartphone. Burton teaches the smartphone is integrated with an application that features deep learning and algorithms for monitoring results and predicting future trends (Fig. 6, 7; pg. 7, col. 1). Burton teaches the Decision Management System provides monitoring levels (ionic composition profile) from the sensor system through network communication (Fig. 7, pg. 7, col. 2, par. 04) (wherein the system is configured to predict an ionic composition profile of the extracted aqueous phase from the calculated capacitance using a trained machine-learning model). Examiner notes the system of Burton are used for soil samples; however, Burton references similar systems for water samples (pg. 7, col. 2, par. 03). Examiner further notes the system of Burton and the system of modified Oliveira use electrode-based sensors for measuring impedance and transmitting that impedance data to a smart-device (smartphone), the systems are just used to analyze different types of samples. Burton is used to teach that measurement systems benefit from being paired with Artificial Intelligence to interpret the (impedance) data.
Burton teaches integration of sensor systems with Internet of Thing (IoT), Artificial Intelligence, and/or Decision Management Systems provides real-time results and allows the user to optimize the next steps (pg. 8, par. 01).
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the portable, remotely operated microfluidic system of modified Oliviera to be combined with a machine-learning model to predict an ionic composition profile from a sample as taught by Burton because integrated "IoT" systems provide real-time data results and feedback allowing the user to make optimized decisions for the next steps (Burton, pg. 8, par. 01) with reasonable expectation of success. MPEP 2143(I)(G).
Regarding claim 2, modified Oliveira teaches a method of producing a microfluidic device by sequential steps of polymerization and scaffold removal (PSR) (pg. 12379, col. 1, "Device Prototyping" section) (wherein the microfluidic chips are built by methods of polymerization and scaffold removal (PSR)).
Regarding claim 3, modified Oliveira teaches the microfluidic device is made from polydimethylsiloxane (PDMS), a silicone-based polymer (pg. 12379, col. 1, "Device Prototyping" section) (wherein the microfluidic chips comprise silicone).
Regarding claim 4, modified Oliveira teaches the electrodes used in the microfluidic system are stainless steel capillaries (pg. 12379, col. 1, "Electrodes" section) (wherein the capacitive sensors comprise stainless steel capillaries).
Regarding claim 5, modified Oliveira teaches the stainless steel capillaries are spaces roughly 200 µm apart (pg. 12379, col. 1, "Electrodes" section) (wherein the capacitive sensors have a spacing of 200 µm between each other).
Regarding claim 6, modified Oliveira teaches the stainless steel capillaries are short-circuited with copper pieces producing an association of capacitors in parallel (pg. 12379, col. 1, "Device Prototyping" section) (wherein the stainless steel capillaries are short-circuited with copper pieces, obtaining an association of capacitors in parallel).
Regarding claim 8, modified Oliveira teaches the PDMS for the microfluidic device as four to eight channels in parallel to one another (pg. 12379, col. 1, "Device Prototyping" section) (wherein the capacitive sensors have four or eight pairs of capacitors in parallel).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Oliveira, et. al. ("Low-Cost and Rapid-Production Microfluidic Electrochemical Double-Layer Capacitors for Fast and Sensitive Breast Cancer Diagnosis") (2018), Camargo, et. al. (Cleanroom-free, fast, solventless, and bondless fabrication and application in high throughput liquid-liquid extraction") and Burton, et. al. ("Review—The “Real-Time” Revolution for In situ Soil Nutrient Sensing;" citations made with respect to provided copy) as applied to claim 2 above, and further in view of Pumps for Labs (“What is Tygon Tubing? 7 Selected Types”).
Regarding claim 7, modified Oliveira teaches the stainless steel capillaries are connected to each other by Tygon tubes to complete the fluidic circuit (pg. 12379, col. 1, "Device Prototyping" section) (hoses connect the stainless steel capillaries to each other to complete a microfluidic circuit).
Modified Oliveira is silent to the hoses specifically being poly(vinyl) chloride.
Tygon is polymer based material, wherein the polymer can be silicone, PVC, polyurethane, fluoropolymers, or thermoplastic elastomers (Pumps for Labs, pg. 1, par. 01). Pumps for Labs teaches each material has its own unique physiochemical properties that influence use (pg. 1, par. 01).
Therefore, it would have been obvious to one or ordinary skill in the art before the effective filing date of the invention for the Tygon hose taught by modified Oliveira to try a poly(vinyl) chloride based Tygon hose as taught by Pumps for Labs because there on only but so many polymer materials from which Tygon tubing/hoses can be made (Pumps for Labs, pg. 1, par. 01) each material with its own physiochemical properties (Pumps for Labs, pg. 1, par. 02) and the use of poly(vinyl) chloride hoses provides a likewise sought functionality with a reasonable expectation of success. MPEP 2143(I)(E).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Oliveira, et. al. ("Low-Cost and Rapid-Production Microfluidic Electrochemical Double-Layer Capacitors for Fast and Sensitive Breast Cancer Diagnosis") (2018), Camargo, et. al. (Cleanroom-free, fast, solventless, and bondless fabrication and application in high throughput liquid-liquid extraction") and Burton, et. al. ("Review—The “Real-Time” Revolution for In situ Soil Nutrient Sensing;" citations made with respect to provided copy) as applied to claim 2 above, and further in view of Teixeira, et. al. ("Renewable Solid Electrodes in Microfluidics: Recovering the Electrochemical Activity without Treating the Surface") (all citations made with respect to the provided copy with office action dated 29 July 2025).
Regarding claim 9, modified Oliveira teaches the limitations as applied to claim 2 above.
Modified Oliveira is silent to the sensor obtained by soft lithography, the flat, gold interdigitated Capacitors are deposited on glass plates by physical evaporation techniques in the vapor phase.
Teixeira teaches an electrode sensor formed by lithography (pg. 11201; par. 02) (wherein the microfluidic chips obtained by soft lithography) that uses stainless steel microwires coated with chromium and gold layer by electron beam vapor deposition (pg. 11201; col. 1, "Experimental Section - Electrodes" section) (comprise flat, gold interdigitated capacitors deposited on glass plates by physical evaporation techniques in vapor phase). Teixeira teaches teach a flat support of metal and glass (Fig. 1 description). Teixeira teaches this sensor method reduces the common problems of contamination, passivation, or fouling of electrodes (pg. 11199, par. 01) by using renewable solid-state electrodes (pg. 11200; par. 01).
It would have been obvious to one skilled in the art before the effective filing date of the invention to substitute the PSR-based sensor of Oliveira with the lithography- based sensor of Teixeira. One of ordinary skill in the art would be motivated to do this because lithography-based production creates a sensor not prone to common problems of contamination, passivation, or fouling (Teixeira, pg. 11199, par. 01) and this involves the simple substitution of one known method (PSR-based sensor) for another (lithography-based sensor) to obtain predictable results (a sensor for a microfluidic system). See MPEP 2143(I)(B).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADISON T HERBERT whose telephone number is (571)270-1448. The examiner can normally be reached Monday-Friday 8:30a-5:00p.
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/M.T.H./Examiner, Art Unit 1758
/MARIS R KESSEL/Supervisory Patent Examiner, Art Unit 1758
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