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 and Arguments
The Amendment filed 08/21/2025 has been entered. Claims 1-17 are currently pending in this application. Claims 11-15 are withdrawn.
Applicant’s arguments, see Pages 6-11, filed 08/21/2025, with respect to the rejection(s) of claim(s) 1-10 and 16-17 under 35 U.S.C. 102 and/or 35 U.S.C. 103 have been considered but are moot because the arguments regarding on Kim (KR20190001649A) do not apply to any of the references being used in the current rejection. Regarding limitations of the instant case in view of the amended Claims and upon further considerations, a new ground(s) of rejection, necessitated by the amendments is made in view of different interpretation of the previously applied references and/or new prior art as presented in this Office action.
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 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.
Claim Rejections - 35 USC § 102
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, 6-10 and 16-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Umapathi (US 2018/0318826).
Regarding claim 1, Umapathi teaches an electrowetting apparatus (Fig. 1-22C, [0047-0262], an example of an embodiment of this invention that may be combined with other embodiments of this invention), comprising:
a substrate (the substrate corresponding to 204/1604 in Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B);
a first electrode (the electrode corresponding to 211/401/1611 in Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B), disposed on the substrate (the substrate corresponding to 204/1604 in Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B):
a second electrode (the electrode corresponding to 212/402/1612 in Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B), disposed on the substrate (the substrate corresponding to 204/1604 in Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B); and a hydrophilic layer (the layer corresponding to 201/1601 in Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B, [0063]), disposed on the substrate (the substrate corresponding to 204/1604 in Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B), wherein the hydrophilic layer (the layer corresponding to 201/1601 in Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B, [0063]) and a substrate (the substrate corresponding to 204/1604 in Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B) enclose (Fig. 2A-3B and Fig. 16A-16B) the first electrode (the electrode corresponding to 211/401/1611 in Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B) and the second electrode (the electrode corresponding to 212/402/1612 in Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B);
wherein after a first end (the left end of 206/408/1615 in Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B) and a second end (the right end of 206/408/1615 in Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B) of a droplet (206/408/1615 in Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B) are positioned above (Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B) the first electrode (the electrode corresponding to 211/401/1611 in Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B) and the second electrode (the electrode corresponding to 212/402/1612 in Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B), respectively, a first voltage (the voltage applied to 211/401/1611 in Fig. 2A-2B and Fig. 16B) is applied to the first electrode (the electrode corresponding to 211/401/1611 in Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B) beneath (Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B) the first end (the left end of 206/408/1615 in Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B) to form a receding angle (corresponding to A1 in Picture 1, which is corresponding to the left end of 206/408/1615 in Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B) at the first end (the left end of 206/408/1615 in Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B) and a second voltage (the voltage applied to 212/402/1612 in Fig. 2B and Fig. 16B, [0057-0061]) is applied to the second electrode (the electrode corresponding to 212/402/1612 in Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B) beneath (Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B) the second end (the right end of 206/408/1615 in Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B) to form an advancing angle (corresponding to A2 in Picture 1, which is corresponding to the right end of 206/408/1615 in Picture 1, Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B) at the second end (the right end of 206/408/1615 in Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B);
wherein a difference between the advancing angle (the angle corresponding to A2 in Picture 1, which is corresponding to the right end of 206/408/1615 in Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B) and the receding angle (the angle corresponding to A1 in Picture 1, which is corresponding to the left end of 206/408/1615 in Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B) causes the droplet to move ([0048, 0051, 0058, 0065-0068, 0098, 0102], In illustrative implementations of this invention, a computer controls voltage in an array of electrodes in an EWOD plate and thereby controls electric fields created by the electrodes. By varying these electric fields, the EWOD plate repeatedly changes the shape of droplets and moves droplets across a surface. Fig. 2A and Fig. 2B are only showing the droplet 206 is in equilibrium status, since the positive voltage at electrode 212 has caused droplet 206 to move, from its position shown in FIG. 2A, to a new position in which the droplet is centered over electrode 212 shown in FIG. 2B, therefore, as shown in Picture 1, between the two droplet equilibrium status, the angles corresponding to A1 and A2 have to be different caused by the different voltages applied to 211 and 212, and if A1 and A2 are the same, the droplet 206 won’t change shape and move. Furthermore, please refer to the examiner note 1);
wherein the first end (the left end of 206/408/1615 in Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B) is opposite to (Picture 1, [0057]) the second end (the right end of 206/408/1615 in Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B);
wherein the first voltage (the voltage applied to 211/401/1611 in Fig. 2A-2B and Fig. 16B) differs from (Picture 1, [0057]) the second voltage (the voltage applied to 212/402/1612 in Fig. 2B and Fig. 16B, [0057-0061]. Furthermore, please refer to the examiner note 1).
Examiner note 1: The claim limitation “a first voltage is applied to the first electrode beneath the first end to form a receding angle at the first end and a second voltage is applied to the second electrode beneath the second end to form an advancing angle at the second end; wherein a difference between the advancing angle and the receding angle causes the droplet to move; wherein the first voltage differs from the second voltage" is a functional claim limitation of operating the electrowetting apparatus . It is noted that apparatus claims must be structurally distinguishable from the prior art and that the manner of operating the device does not differentiate the apparatus claim from the prior art (see e.g. MPEP 2114 II). As stated above, Umapathi teaches all of the structure limitations cited in the claim 1. Therefore, absent any distinguishing structure, the system of Umapathi is considered to be capable of performing the claimed function. (See MPEP 2114).
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Picture 1, from Fig. 2A-2B of Umapathi (US 2018/0318826)
Regarding claims 6-10 and 16-17, Umapathi also teaches the following elements:
(Claim 6) a fourth voltage (the voltage applied to 312 in fig. 3A) is applied to the first electrode (the electrode corresponding to 312 in Fig. 3A-3B) at a first time instant (Fig. 3A, [0059-0062]), the second voltage (the voltage applied to 313 in Fig. 3B) is applied to the second electrode (the electrode corresponding to 313 in Fig. 3A-3B) at a second time instant (Fig. 3B, [0059-0062]), the fourth voltage (the voltage applied to 312 in Fig. 3A, [0059-0062]) or the second voltage (the voltage applied to 313 in Fig. 3B, [0059-0062]) is higher than a third voltage (the voltage corresponding to the ground applied to 311 in Fig. 3A-3B) of a third electrode (the electrode corresponding to 311 in Fig. 3A-3B) to move the droplet on a hydrophilic layer (the layer corresponding to 301 in Fig. 3A-3B, [0063, 0060]), and the first electrode (the electrode corresponding to 312 in Fig. 3A) is disposed adjacent to and between the second electrode (the electrode corresponding to 313 in Fig. 3A-3B) and the third electrode (the electrode corresponding to 311 in Fig. 3A-3B; Furthermore, please refer to the examiner note 2).
(Claim 7) droplet moves from the third electrode to the first electrode after the fourth voltage is applied to the first electrode, the droplet moves from the first electrode to the second electrode after the second voltage is applied to the second electrode (Fig. 3A-3B and Fig. 16A-16B, [0048, 0065-0068, 00261-00262], In illustrative implementations of this invention, a computer controls voltage in an array of electrodes in an EWOD plate and thereby controls electric fields created by the electrodes. By varying these electric fields, the EWOD plate repeatedly changes the shape of droplets and moves droplets across a surface. Furthermore, please refer to the examiner note 2).
(Claim 8) the second electrode is at the first voltage at the first time instant, the first electrode is at the first voltage at the second time instant, and the second voltage is equal to the fourth voltage (examiner note 2).
(Claim 9) the first voltage applied to the first electrode is a first alternating current (AC) voltage, the second voltage applied to the second electrode is a second alternating current (AC) voltage, and the first AC voltage and the second AC voltage are out of phase, a frequency of the first AC voltage or the second AC voltage equals to a first resonant frequency of the droplet (examiner note 2).
(Claim 10) the first electrode (the electrode corresponding to 211/401/1611 in Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B) is selected from the plurality of electrodes (Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B) to apply the first voltage (the voltage applied to 211/401/1611 in Fig. 2A-2B and Fig. 16B) to the first electrode (the electrode corresponding to 211/401/1611 in Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B) after the droplet around the first electrode is found (Fig. 2A-2B, [0058, 0067, 0173, 0215], Furthermore, please refer to the examiner note 2).
(Claim 16) the second voltage (the voltage applied to 212/402/1612 in Fig. 2B and Fig. 16B, [0057-0061]) is higher voltage (Fig. 2B, Fig. 6B) than the first voltage (the voltage applied to 211/401/1611 in Fig. 2A-2B and Fig. 16B); the advancing angle (the angle corresponding to A2 in Picture 1) decreases (Picture 1, [0058]) after the second voltage (the voltage applied to 212/402/1612 in Fig. 2B and Fig. 16B, [0057-0061]) is applied to the second electrode (the electrode corresponding to 212/402/1612 in Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B; Furthermore, please refer to the examiner note 2)
(Claim 17) the frequency is changed from the first resonant frequency to a second resonant frequency of the droplet and subsequently from the second resonant frequency to a third resonant frequency of the droplet; wherein the second resonant frequency is higher than the first resonant frequency; wherein the third resonant frequency is higher than the second resonant frequency (examiner note 2).
Examiner note 2: Each of the claim limitations of “a fourth voltage of the plurality of voltages is applied to the first electrode at a first time instant, the second voltage is applied to the second electrode at a second time instant, the fourth voltage or the second voltage is higher than a third voltage…to move the droplet on the hydrophilic layer” in claim 6, “droplet moves from the third electrode to the first electrode after the fourth voltage is applied to the first electrode, the droplet moves from the first electrode to the second electrode after the second voltage is applied to the second electrode” in claim 7, “the second electrode is at the first voltage at the first time instant, the first electrode is at the first voltage at the second time instant, and the second voltage is equal to the fourth voltage” in claim 8, “the first voltage applied to the first electrode is a first alternating current (AC) voltage, the second voltage applied to the second electrode is a second alternating current (AC) voltage, and the first AC voltage and the second AC voltage are out of phase, a frequency of the first AC voltage or the second AC voltage equals to a first resonant frequency of the droplet” in claim 9, “the first electrode is selected from a plurality of electrodes to apply the first voltage of the plurality of voltages to the first electrode after the droplet around the first electrode is found" in claim 10, “the second voltage is higher voltage than the first voltage; the advancing angle decreases after the second voltage is applied to the second electrode" in claim 16, and “the frequency is changed from the first resonant frequency to a second resonant frequency of the droplet and subsequently from the second resonant frequency to a third resonant frequency of the droplet; wherein the second resonant frequency is higher than the first resonant frequency; wherein the third resonant frequency is higher than the second resonant frequency” in claim 17 is a functional claim limitation of operating the electrowetting apparatus . It is noted that apparatus claims must be structurally distinguishable from the prior art and that the manner of operating the device does not differentiate the apparatus claim from the prior art (see e.g. MPEP 2114 II). As stated above, Umapathi teaches all of the structure limitations cited in the claims 1, 6-10 and 16-17. Therefore, absent any distinguishing structure, the system of Umapathi is considered to be capable of performing the claimed function. (See MPEP 2114).
Claim Rejections - 35 USC § 103
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 of this title, 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.
Claims 2 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Umapathi as applied to claim 1 above, and in view of Kweon (KR102152644B1).
Regarding claims 2 and 5, Umapathi teaches a plurality of electrodes (Fig. 2A-3B and Fig. 16A-16B), comprising the first electrode (the electrode corresponding to 211/401/1611 in Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B) and the second electrode (the electrode corresponding to 212/402/1612 in Fig. 2A-2B, Fig. 4A-4C and Fig. 16A-16B). Umapathi does not teach the following elements.
Kweon teaches the following elements (Fig. 6-10, Abs, pages 6-9 of English translation of KR102152644B1):
(Claim 2) a plurality of heater (530 in Fig. 6-10), disposed on the optical substrate (110 in Fig. 8-9) and configured to evaporate the droplet (Fig. 8-9), wherein the plurality of electrodes (330 and 730 in Fig. 6-10) and the plurality of heater (530 in Fig. 6-10) are alternately disposed (Fig. 6-10).
(Claim 5) at least one of the plurality of electrodes (330 and 730 in Fig. 6-10) is disposed between two adjacent ones (Fig. 6-10) of the plurality of heaters (530 in Fig. 6-10).
Before the effective filling date of the claimed invention, it would have been obvious to the artisan of ordinary skill to employ the above elements as taught by Kweon for the system of Umapathi such that in the system of Umapathi,
(Claim 2) a plurality of heater, disposed on the optical substrate and configured to evaporate the droplet, wherein the plurality of electrodes and the plurality of heater are alternately disposed.
(Claim 5) at least one of the plurality of electrodes is disposed between two adjacent ones of the plurality of heaters.
The motivation is that even fine droplets can be removed (Kweon, Abs).
Claims 2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Umapathi as applied to claim 1 above, and in view of Lin (CN216499434U).
Regarding claims 2 and 4, Umapathi teaches a plurality of electrodes (Fig. 2A-3B and Fig. 16A-16B), comprising the first electrode (the electrode corresponding to 211/311/1611 in Fig. 2A-3B and Fig. 16A-16B) and the second electrode (the electrode corresponding to 212/312/1612 in Fig. 2A-3B and Fig. 16A-16B). Umapathi does not teach the following elements.
Lin teaches the following elements (Fig. 5-8, Abs, pages 9-10 of English translation of CN216499434U):
(Claim 2) a plurality of heater (12 in Fig. 5-8, Pages 9-10), disposed on the optical substrate (11 in Fig. 5-8) and configured to evaporate the droplet (Fig. 5-8, Abs, Pages 9-10), wherein a plurality of electrodes (13 in Fig. 5-8) and the plurality of heater (12 in Fig. 5-8) are alternately disposed (Fig. 5-8).
(Claim 4) at least one of the plurality of heaters (12 in Fig. 5-8, Pages 9-10) is disposed between two adjacent ones (Fig. 5 and 7) of the plurality of electrodes (13 in Fig. 5-8), and no heater (Fig. 5 and 7, there is no heater disposed between the two center electrodes 13 as shown in Fig. 5 and 7) is disposed between another two adjacent ones of the plurality of electrodes (13 in Fig. 5-8).
Before the effective filling date of the claimed invention, it would have been obvious to the artisan of ordinary skill to employ the above elements as taught by Lin for the system of Umapathi such that in the system of Umapathi,
(Claim 2) a plurality of heater, disposed on the optical substrate and configured to evaporate the droplet, wherein the plurality of electrodes and the plurality of heater are alternately disposed.
(Claim 4) at least one of the plurality of heaters is disposed between two adjacent ones of the plurality of electrodes, and no heater is disposed between another two adjacent ones of the plurality of electrodes.
The motivation is to realize automatic cleaning function the micro-flow control device, improving the cleaning efficiency (Lin, Page 2, Paragraph 12).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Umapathi in view of Lin as applied to claim 2 above, and further in view of Kweon (KR102152644B1).
Regarding claim 3, Umapathi does not teach the following elements.
Kweon teaches the following elements (Fig. 6-10, Abs, pages 6-9 of English translation of KR102152644B1):
(Claim 3) a heater (500 in Fig. 7) is meandering (Fig. 7) and comprises a plurality of straight segments (Fig. 7).
Lin teaches the following elements (Fig. 5-8, Abs, pages 9-10 of English translation of CN216499434U):
(Claim 3) each of the plurality of heaters (12 in Fig. 5-8) comprises a plurality of straight segments (Fig . 5 and 7) with squared corners (Fig . 5 and 7).
Before the effective filling date of the claimed invention, it would have been obvious to the artisan of ordinary skill to employ the above elements as taught by Kweon and Lin for the system of Umapathi in view of Lin such that in the system of Umapathi in view of Lin,
(Claim 3) each of the plurality of heaters is meandering and comprises a plurality of straight segments with squared corners.
The motivation is that even fine droplets can be removed (Kweon, Abs), and it helps to realize automatic cleaning function the micro-flow control device, improving the cleaning efficiency (Lin, Page 2, Paragraph 12).
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAN LIU whose telephone number is (571)270-0383. The examiner can normally be reached on 9am-5pm EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Carruth can be reached on 571-272-9791. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAN LIU/Primary Examiner, Art Unit 2871