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 .
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.
Election/Restrictions
Applicant's election with traverse of Group I, Claims 1-15, in the reply filed on 2/10/2026 is acknowledged. The traversal is on the ground(s) that the overlap of subject matter between the groups of claim would not present a serious burden. This is not found persuasive because the examiner maintains that the criteria for establishing a burden has been shown for the reasons already of record in the Restriction Requirement dated 12/17/2025.
The requirement is still deemed proper and is therefore made FINAL.
Priority
Receipt is acknowledged of certified copies of papers (JAPAN 2020-114572 07/02/2020) required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements dated 12/28/2022 and 2/10/2023 have been considered and made of record.
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.
(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 1-15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Igarashi et al. (US 2022/0356431)(Attached PTO-892).
The applied reference has a common joint inventor/applicant with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
With respect to claim 1, the reference of Igarashi et al. discloses:
A flow path cassette (10)(Figs. 2 and 10) comprising:
a first flexible sheet (first cassette main body)(40A);
a second flexible sheet (second cassette main body)(40B) parallel with the first flexible sheet;
a plurality of flow paths (44) disposed between and surrounded by the first and second flexible sheets; and
a plurality of detection channel portions (pressure detection units) (48) disposed along one or more flow paths of the plurality of flow paths, wherein each of the detection channel portions comprises:
a first bulging portion (49a);
a second bulging portion (49b) opposing the first bulging portion;
a plate member (122) aligned with a portion of the second bulging portion away from the first bulging portion; and
a deformation preventative member (54b) aligned with the first bulging portion and configured to prevent deformation of the first bulging portion.
With respect to claim 2, the first bulging portion has a dimension in the planar direction that is larger than a corresponding dimension of the respective flow path (Figs. 2 and 10).
With respect to claim 3, the first bulging portion bulges in a first direction relative to a major axis of the flow path cassette, and the second bulging portion bulges in a second direction relative to the major axis of the flow path cassette and away from the first direction (Figs. 2 and 10).
With respect to claim 4, the second bulging portion (49b) comprises a center portion and two or more protrusions disposed around the center portion that bulge away from the center portion in the second direction (Fig. 10).
With respect to claim 5, the plate member (122) is aligned with the center portion of the second bulging portion (Fig. 10).
With respect to claim 6, the plate member (122) is coupled to second bulging portion (49b) (Fig. 10 and ¶[0072]).
With respect to claim 7, the plate member (122) has a shape corresponding to a shape of the center portion (Fig. 10).
With respect to claim 8, a cover sheet extends between the two or more protrusions to enclose the plate member (Fig. 10).
With respect to claim 9, the deformation preventative member (54b) comprises a material having a first hardness (rigid) (¶[0043]) that is greater than a second hardness of the first flexible sheet.
With respect to claim 10, in the absence of further positively recited structure, the deformation preventative member is coupled to the first bulging portion since they are pressed against one another when the frame (50) contains the first and second main cassette bodies.
With respect to claim 11, the first bulging portion is formed in the first flexible sheet, the second bulging portion is formed in the second flexible sheet, and a flow chamber configured to receive the respective flow path is formed between the first bulging portion and the second bulging portion (Fig. 10).
With respect to claim 12, the deformation preventative member (50, 54, 54b) extends beyond the first bulging portion and contacts two or more areas of the first flexible sheet (40A).
With respect to claim 13, the plate member (122) comprises a magnetophilic metal (¶[0072]).
With respect to claim 14, each of the detection channel portions (48) further comprises a load cell (120) comprising one or more magnets (104) disposed adjacent to the plate member (122), wherein the plate member is displaced is response to an internal pressure of the flow chamber and the displacement causes attractive forces between the one or more magnets and the plate member to change (Fig. 10 and ¶[0072]).
With respect to claim 15, the cassette includes a frame (50) (Figs. 2 and 10) configured to support the first flexible sheet and the second flexible sheet, wherein the frame comprises a plate-shaped cover portion aligned with the first flexible sheet, and the deformation preventative member is configured to prevent displacement of the first bulging portion by coming into contact with the cover portion when the flow path has a positive pressure.
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, 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 1-3, 9-12 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Igarashi (WO 2018/230545)(Ref. BC IDS dated 12/28/2022).
With respect to claim 1, the reference of discloses:
A flow path cassette (28, 40)(Figs. 2 and 6) comprising:
a first flexible sheet (40A);
a second flexible sheet (40B) parallel with the first flexible sheet;
a plurality of flow paths (42) disposed between and surrounded by the first and second flexible sheets; and
a detection channel portion (pressure measurement) (50) disposed along one or more flow paths of the plurality of flow paths, wherein the detection channel portion comprises:
a first bulging portion (51);
a second bulging portion (52) opposing the first bulging portion;
a plate member (62,80) aligned with a portion of the second bulging portion away from the first bulging portion; and
a deformation preventative member (60,78) aligned with the first bulging portion and configured to prevent deformation of the first bulging portion.
Claim 1 differs by reciting that the cassette includes a plurality of detection channel portions.
However, in the absence of a showing of unexpected results, it would have been obvious to one of ordinary skill in the art to provide additional detection channel portions within the cassette for the known and expected result of allowing multiple simultaneous detections to be performed within the same cassette structure. Note: Duplication of parts is not considered a patentable distinction.
With respect to claim 2, the first bulging portion has a dimension in the planar direction that is larger than a corresponding dimension of the respective flow path (Figs. 2 and 6).
With respect to claim 3, the first bulging portion bulges in a first direction relative to a major axis of the flow path cassette, and the second bulging portion bulges in a second direction relative to the major axis of the flow path cassette and away from the first direction (Figs. 2 and 6).
With respect to claim 9, the deformation preventative member (60,78) comprises a material having a first hardness (¶[0071]) that is greater than a second hardness of the first flexible sheet.
With respect to claim 10, in the absence of further positively recited structure, the deformation preventative member is coupled to the first bulging portion since they are pressed against one another when positioned in the gripping members (78, 80).
With respect to claim 11, the first bulging portion is formed in the first flexible sheet, the second bulging portion is formed in the second flexible sheet, and a flow chamber configured to receive the respective flow path is formed between the first bulging portion and the second bulging portion (Figs. 2 and 10).
With respect to claim 12, the deformation preventative member (50, 54, 54b) extends beyond the first bulging portion and contacts two or more areas of the first flexible sheet (40A).
With respect to claim 15, the cassette includes a frame (86) (Figs. 2 and 10) configured to support the first flexible sheet and the second flexible sheet, wherein the frame comprises a plate-shaped cover portion aligned with the first flexible sheet, and the deformation preventative member is configured to prevent displacement of the first bulging portion by coming into contact with the cover portion when the flow path has a positive pressure.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM H BEISNER whose telephone number is (571)272-1269. The examiner can normally be reached on Mon-Fri from 8am to 5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL A MARCHESCHI, can be reached at telephone number (571)272-1374. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center for authorized users only. Should you have questions about access to Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
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) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form.
/William H. Beisner/
Primary Examiner
Art Unit 1799
WHB
Prosecution Insights