Prosecution Insights
Last updated: May 29, 2026
Application No. 18/101,259

FLEXIBLE MATERIAL FOR USE IN MICROFLUIDIC OR MICROSCALE DEVICES FOR CELL OR PARTICLE MANIPULATION

Non-Final OA §102
Filed
Jan 25, 2023
Priority
Jan 28, 2022 — provisional 63/304,330
Examiner
SINES, BRIAN J
Art Unit
1796
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Cyto Recovery Inc.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
85%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
769 granted / 957 resolved
+15.4% vs TC avg
Minimal +5% lift
Without
With
+4.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
49 currently pending
Career history
998
Total Applications
across all art units

Statute-Specific Performance

§101
2.6%
-37.4% vs TC avg
§103
52.3%
+12.3% vs TC avg
§102
26.1%
-13.9% vs TC avg
§112
17.7%
-22.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 957 resolved cases

Office Action

§102
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 II comprising claims 11 – 20 in the reply filed on 2/13/2026 is acknowledged. Claims 1 – 10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/13/2026. Note Regarding Prior Art Examiner cites particular sections, columns, line numbers, paragraphs and figures, in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. 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. Claim(s) 11 – 20 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Link et al. (US 2008/0003142 A1; hereinafter “Link”). Regarding claim 11, Link teaches a method of making a microfluidic device (paragraphs 187 – 192), the method comprising: providing a metallic electrode material and heating the electrode material at least to its melting point to form a melted electrode material (the electrodes can be constructed by filling the appropriate channels with metal alloy (paragraph 189); it is implicit that the metal alloy is heated to its melting point, thereby forming the melted electrode material); adding the melted electrode material to an electrode channel of a microfluidic device (positive pressure is used to inject the metal alloy in the melted state, such as with a syringe, into the channels; paragraph 189); and cooling the melted electrode material to form an electrode (the metal alloy is then cooled into a solid form; paragraph 189). Regarding claim 12, Link teaches the method of claim 11, wherein adding the melted electrode material to the electrode channel comprises injecting the melted electrode material (positive pressure is used to inject the metal alloy in the melted state, such as with a syringe, into the channels; paragraph 189). Regarding claim 13, Link teaches the method of claim 12, wherein adding the melted electrode material to the electrode channel comprises injecting the melted electrode material with about steady pressure (positive pressure is used to inject the metal alloy in the melted state, such as with a syringe, into the channels; paragraph 189; it is considered implicit that the syringe pump would apply steady pressure). Regarding claim 14, Link teaches the method of claim 12, wherein injecting the melted electrode comprises injecting the melted electrode with at least one of a syringe and a pump (positive pressure is used to inject the metal alloy in the melted state, such as with a syringe, into the channels; paragraph 189). Regarding claim 15, Link teaches the method of claim 13, wherein steady pressure is between about 0.06 to about 1 pounds per square inch (psi) (positive pressure is used to inject the metal alloy in the melted state, such as with a syringe, into the channels; paragraph 189; it is considered implicit that the syringe pump would apply steady pressure; it is also considered implicit that the steady pressure would include the recited psi range for conventional syringes used in the microfluidic art). Regarding claim 16, Link teaches the method of claim 13, further comprising warming at least one of a syringe and a pump above ambient temperature (positive pressure is used to inject the metal alloy in the melted state, such as with a syringe, into the channels; paragraph 189). Regarding claim 17, Link teaches the method of claim 11, further comprising piercing a top layer (the device can comprise a top portion comprising a coverslip can be perforated for functional interconnects; paragraphs 75 and 78). Regarding claim 18, Link teaches the method of claim 11, wherein adding the melted electrode material to the electrode channel comprises filing the electrode channel between a plurality of electrode contact regions (the device can include multiple electrodes (paragraphs 188 and 191) and patterned electrically conductive layers or electrode contact regions (paragraph 190)). Regarding claim 19, Link teaches the method of claim 11, further comprising warming the microfluidic device above ambient temperature (e.g., fabrication of the device can include thermal bonding, which would implicitly involve heating the device above ambient temperature; paragraph 84). Regarding claim 20, Link teaches the method of claim 11, further comprising cooling the melted electrode material sufficiently to form a solid electrode (the metal alloy is then cooled into a solid form; paragraph 189). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Panwar et al. (WO 2019/116336 A1) teach fabrication of electrodes using a molten fusible alloy introduced into channels of a microfluidic device (paragraph 19). Orwar et al. (US 2014/0147930 A1) teach the fabrication of channel electrodes for a microfluidic device using a molten metal alloy (paragraph 103). Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN J. SINES whose telephone number is (571)272-1263. The examiner can normally be reached 9 AM-5 PM EST M-F. 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, Elizabeth A Robinson can be reached at (571) 272-7129. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. BRIAN J. SINES Primary Patent Examiner Art Unit 1796 /BRIAN J. SINES/Primary Examiner, Art Unit 1796
Read full office action

Prosecution Timeline

Jan 25, 2023
Application Filed
May 19, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12623217
MICROFLUIDIC DEVICE AND APPLICATION METHOD THEREOF
3y 2m to grant Granted May 12, 2026
Patent 12618846
METHOD AND DEVICE FOR IMAGING FLUORESCENT PROTEINS IN NEAR- AND SHORT-WAVE INFRARED
4y 5m to grant Granted May 05, 2026
Patent 12605704
APPARATUS AND METHOD FOR CLAMPING A MICROFLUIDIC DEVICE
4y 2m to grant Granted Apr 21, 2026
Patent 12605705
SYSTEMS AND METHODS FOR HIGH-FIDELITY CAPTURE, THREADING, AND INFINITE-DEPTH SEQUENCING OF SINGLE NUCLEIC ACID MOLECULES
2y 0m to grant Granted Apr 21, 2026
Patent 12599902
AUTOMATED MICROSCOPIC CELL ANALYSIS
3y 5m to grant Granted Apr 14, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
80%
Grant Probability
85%
With Interview (+4.6%)
2y 7m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 957 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month