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 .
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) 1, 5, 6 and 15 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Liu et al. (US 2017;0095818 A1; hereinafter “Liu”).
Regarding claim 1, Liu teaches cartridge (paragraphs 89 – 96; figure 1) that is used in combination with a channel chip (microchip 1) including a channel (channels 32, 33 and 34) through which a liquid flows, the cartridge being configured to store the liquid, the cartridge comprising:
a main body (microarray platform 3);
a reservoir (sample reservoirs 11, hybridization reagent reservoir 12 or mixing reservoir 15) disposed inside the main body and configured to store the liquid; and
a tube (silicone tube 22 works as a pinch valve; paragraphs 91 – 93; figure 1) configured such that the liquid taken in from one end of the tube communicating with the reservoir flows out from another end of the tube, wherein:
the tube includes a pressed portion that controls a flow of the liquid by causing the tube to be deformed when the tube is pressed or released from being pressed (silicone tube 22 acting as a pinch valve can be deformed when the tube is pressed or released from being pressed; figure 1; paragraphs 91 – 93), and
the pressed portion is located outside the main body (figure 1).
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Regarding claim 5, Liu teaches the cartridge according to claim 1, wherein the pressed portion is formed of an elastic body (silicone tube 22 acting as a pinch valve can be deformed when the tube is pressed or released from being pressed; figure 1; paragraphs 91 – 93).
Regarding claim 6, Liu teaches a liquid handling device (paragraphs 89 – 96; figure 1) comprising:
a cartridge according to claim 1;
a channel chip (microchip 1) including an inlet (inlet channels 32 and 33) for introducing a liquid of the reservoir and a channel (channels 32, 33 and 34) through which the liquid introduced through the inlet flows; and
an interface (e.g., joint 13 to ensure substantially and air-tight connection between the components; paragraph 92) for connecting the cartridge and the channel chip to each other.
Regarding claim 15, Liu teaches a liquid handling device (paragraphs 89 – 96; figure 1) comprising:
a cartridge according to claim 5;
a channel chip (microchip 1) including an inlet (inlet channels 32 and 33) for introducing a liquid of the reservoir and a channel (channels 32, 33 and 34) through which the liquid introduced through the inlet flows; and
an interface (e.g., joint 13 to ensure substantially and air-tight connection between the components; paragraph 92) for connecting the cartridge and the channel chip to each other.
Allowable Subject Matter
Claims 2 – 4, 7 – 14 and 16 – 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 2, the cited prior art neither teaches nor fairly suggests the cartridge according to claim 1, wherein: the tube includes: a first tube that opens in a bottom surface of the reservoir, and a second tube communicating with the channel of the channel chip, and an angle formed between a central axis of the second tube and a central axis of the first tube is less than 180°.
Conclusion
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.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lyle Alexander can be reached at (571) 272-1254. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BRIAN J. SINES
Primary Patent Examiner
Art Unit 1796
/BRIAN J. SINES/Primary Examiner, Art Unit 1796
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