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 .
Response to Amendment
The Amendment filed on 5/19/2026 has been entered. Claims 48, 51 and 54 remain pending in the application.
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.
Claim(s) 48, 51 and 54 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2021/086314, hereinafter Choy.
Regarding claim 48, Choy teaches a method for suspending magnetically responsive particles in a fluid disposed in a chamber having an opening fluidically connected to a source for the fluid through a fluid channel (abstract), the method comprising: orienting the chamber so that the opening is gravitationally below the fluid and the particles in the chamber (figure 2, item 212 is below the fluid and particles); (b) deploying a gas bubble valve to the opening of the chamber to selectively fluidically separate the chamber from the fluid channel, the gas bubble valve comprising a bubble containing gas (paragraph [0114], the channeler is gas controlled); (c) providing a first movable magnetic field (item 270) to which the particles are magnetically responsive (paragraph [0015]); and (d) selectively moving the first movable magnetic field through the chamber to effect a magnetic response in the particles (paragraph [0046]).
Regarding claim 51, Choy teaches (i) removing the gas bubble valve to selectively fluidically connect the chamber to the fluid channel (paragraph [0114]); (ii) filling the chamber with a fluid volume through the opening while the gas bubble is removed (paragraph [0114]); and (iii) re-deploying the gas bubble valve subsequent to filling the chamber with the fluid volume (paragraph [0114]).
Regarding claim 54, teaches wherein the bubble contains air (paragraph [0114]).
Response to Arguments
Applicant’s arguments, see pages 4 and 5, filed 5/19/2026, with respect to the rejection(s) of claim(s) 48, 51 and 54 under 103(a) 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 Choy.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW D KRCHA whose telephone number is (571)270-0386. The examiner can normally be reached M-Th 7am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Maris Kessel can be reached at (571)270-7698. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW D KRCHA/Primary Examiner, Art Unit 1796
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