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 § 112 The following is a quotation of 35 U.S.C. 112(b): (b ) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the appl icant regards as his invention. Claim 4 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 4 recites “ is configured to place one of the plurality of targets in each of the plurality of wells ” in line 2 of the claim. Because claim 4 depends on claim 3, that allows the sorting system to place one or more of the plurality of targets in the well, claim 4 should be amended to read either "configured to place at least one … " or "configured to place one or more of the …”. 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, 9-12, 14-17, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hansen (US 20020033939 A1). For claim 1 , Hansen teaches an instrument for sorting multicellular particles based on analysis in a flow cell and sorted in air after being eluted from the flow cell (Abstract). Hansen teaches the sorting instrument comprises a flow cell 16 with an input opening 38 connected to sheath fluid drive system 12 ( a buffer supply in fluid communication with the first inlet ), a sample feed input 52 connected to a sample fluid drive system 14 ( a sample source in fluid communication with the second inlet ), and ending in an (unlabeled) outlet after sensing chamber 58 (Fig. 2A-2B; par. 0052-0053) ( a flow cell with a first inlet, a second inlet, and an outlet ). Hansen teaches one end of flow cell 16 further comprises a detection system 18 (Fig. 2A-2B). Detection system 18 comprises an optical source 60, such as a laser, that passes through sensing chamber 58 of flow cell 16 (see the arrow moving from source 60 through sensing chamber 58 in Fig. 2A) (par. 0054) ( a light source configured to generate a light beam that intersects the flow cell ). After passing through sensing chamber 58, the optical source is detected by optical detector 62 (Fig. 2A; par. 0054) ( a sensor aligned with the light source and configured to detect a characteristic of the light beam ). Hansen teaches once the signal from the optical detector 62 is processed, a sorting actuator 20, such as a high-speed valve that switches air from a pressurized air source, that diverts the stream from the outlet into a predetermined container 82 (Fig. 2B; par. 0051, 0055) ( an air valve configured to generate an airflow at the outlet of the flow cell; wherein control of the air valve is based on the characteristic of the light beam detected by the sensor ). For claim 2 , Hansen teaches the sorting system further comprises a container actuation system for collecting the sorted particles after the flow cell 16 outlet (Fig. 2B; par. 0057) ( further including a sample collection stage aligned with the outlet ). For claim 3 , Hansen teaches the container actuation system 22 comprises a plate 80 with a plurality of containers, like microwells (Fig. 2B; par. 0057) ( the sample collection stage includes a plate with a well ). Hansen teaches sample storage reservoir 46 can hold a mixture of large sample objects to be separated ( the sample source includes a sample fluid with a plurality of targets ) by a predetermined characteristic into a selected container 82 or entirely diverting sample objects with undesired characteristics (Fig. 1-2B; par. 0030-0031, 0051, 0056-0057) ( the sorting system is configured to place one or more of the plurality of targets in the well ). For claim 4 , Hansen teaches the container actuation system 22 comprises a plurality of containers (par. 0057) ( wherein the well is one of a plurality of wells ). Hansen teaches the steps of sorting/diverting and collecting can be based on a plurality of categories sorted into a plurality of different containers or can be based on number of sample objects sorted into the containers (par. 0030-0031) ( and the sorting system is configured to place one of the plurality of targets in each of the plurality of wells ) . For claim 5 , Hansen teaches container actuation system 22 further comprises a plate actuator 84 attached to plate 80 (Fig. 2B; par. 0057) ( the sample collection stage includes an actuator coupled to the plate ), wherein the plate actuator 84 moves the plate 80 with containers 82 in the outflow path of flow cell 16 in response to the activation of the drive mechanism (par. 0057) ( the plate is movable with respect to the outlet of the flow cell in response to activation of the actuator ). For claim 6 , Hansen teaches gutter 21 that collects deflected sample material from sorting actuator 20 because the sorting actuator 20 is capable of diverting unwanted parts of the sample stream away from the containers 82 (Fig. 2B; par. 0051, 0056) ( wherein the airflow moves fluid from the outlet of the flow cell to a waste collection ). For claim 9 , Hansen teaches a pressurized gas source that delivers gas at a regulated pressure to sheath fluid reservoir 34 (Fig. 2A; par. 0052), sample storage reservoir 46 (Fig. 2A, par. 0053), and sorting actuator 20 (Fig. 2B; par. 0055) ( further including a pressure source in fluid communication with each of the buffer supply, the sample source, and the air valve ). For claim 10 , Hansen teaches optical source can be a laser (par. 0054) ( wherein the light source is a laser ). For claim 11 , Hansen teaches the light from optical source 60 moves linearly through sensing chamber 58 and is picked up by optical detector 62 (see arrow originating at source 60 in Fig. 2A) (par. 0054) ( wherein a profile of the light beam is linear ). For claim 12 , Hansen teaches sample storage reservoir 46 can hold a mixture of large sample objects to be separated by a predetermined characteristic (par. 0030-0031) ( the sample source includes a sample fluid with a plurality of targets ). The sample mixture flows from sample reservoir 46 to sample feed input 52 where is then moves through flow cell 56 until it reaches sensing chamber 58 and moves through the (unlabeled) outlet and is sorted by sorting actuator 20 (Fig. 2A-2B) ( the sample fluid flows from the second inlet to the outlet and passes through the light beam ). Hansen teaches when in sensing chamber 58, the sample object blocks light from optical source 60 from reaching optical detector 62 (Fig 2A, 6; par. 0068) ( wherein the plurality of targets blocks a portion of the light beam from reaching the sensor ). For claim 14 , Hansen teaches sensing subsystem 18 operates by sample object blocking the transmission of the light beam from optical source 60 from reaching optical detector 62 (par. 0068) ( wherein the characteristic of the light beam is transmission ). For claim 15 , Hansen teaches the system is capable of measuring the sample object as it passes through the sensing zone measuring its time-of-flight (par. 0068), wherein the produced signal is transferred to the actuation of the sorting actuator to collect or divert the sample mixture according to the selected characteristic (Fig. 12; par. 0077) ( wherein control of the air valve is based on a time-of- flight analysis of the light characteristic ). For claim 16 , Hansen teaches in order to prevent undue dilution of collected samples, when a desired object/characteristic is passes through the detector beam, the actuator is shut off until a pass period is done and a signal is detected again (Fig. 13; par. 0077) ( a flow of fluid through the flow cell is paused in response to the sensor detecting a change in the characteristic of the light beam ). This ensures minimal fluid, approximately 1 microliter, is collected with the object (par. 0077) ( a fixed amount of liquid is dispensed from the outlet of the flow cell after the pause ). For claim 17 , Hansen teaches in order to center the object of interest in the center of the flow stream, the velocity of the flow stream is "roughly constant over a reasonably broad region of the center of the cell" (par. 0067) ( wherein a flow rate of fluid through the flow cell is continuous ). For claim 20 , Hansen teaches sample reservoir 46 is mounted within a vessel that includes a mixing device 48 (Fig. 2A; par. 0053) ( further comprising a mixing assembly coupled to the sample source ). Mixing device 48 is configured to continuously mix the sample mixture of the sample objects remain suspended in the solution (par. 0058) ( wherein the mixing assembly is configured to move the sample source ). 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 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Hansen (US 20020033939 A1) in view of Norton, et. al. (US 20190331585 A1). For claim 7 , Hansen teaches the limitations as applied to claim 6 (see above). Hansen is silent to wherein the waste collection includes a shroud and the outlet of the flow cell is positioned within the shroud. Norton teaches a flow cytometer with enclosed modules (Abstract). Norton teaches an entirely enclosed system in a housing (Fig. 2; par. 0022). Norton teaches within the housing, is an enclosed particle sorting module 100 comprising at least one exit port for waste 103 (Fig. 1; par. 0058). Norton teaches attached to the proximal end of the particle sorting module 100 is a waste reservoir or tank fluidically coupled to the outlet 130 (Fig. 2; par. 0059) ( wherein the waste collection includes a shroud and the outlet of the flow cell is positioned within the shroud ). The waste reservoir can be seen outlined in provided Figure 2 below. Norton teaches enclosing the different modules prevent contamination throughout the system due to aerosol production during the separating process (par. 0020). It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify the separating system of Hansen to have each module physically isolated from one another as taught by Norton in order to prevent contamination from aerosol spray. Because both systems isolate particles from a stream, modifying the system to have a waste reservoir isolated in its own module as provided by Norton, provides likewise sought functionality with reasonable expectation of success. MPEP 2143(I)(G). For claim 8 , m odified Hansen in view of Norton teaches the outlet 130 of particle sorting module 100 is fluidically connected to the waste reservoir/tank; an opening/aperture must be present to establish a fluidic connection (Fig. 2; par. 0059) ( wherein the shroud includes an aperture aligned with the outlet of the flow cell ). Claims 13, 26, and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Hansen (US 20020033939 A1) in view of Butler, et. al. (US 20150024476 A1) . For claim 13 , Hansen teaches the limitations as applied to claim 12 (see above). Hansen is silent to the system further comprising a camera configured to capture an image of the plurality of targets as the plurality of targets move through the flow cell. Butler teaches an optically-based fluid cell sorter (Abstract). Butler teaches the sorting system comprises an optical system that uses a CCD camera to capture an image of the cells as they pass through the illuminated region (Fig. 11; par. 0099) ( further comprising a camera configured to capture an image of the plurality of targets as the plurality of targets move through the flow cell ). Butler teaches using a (CCD) camera provides visualization of the performance of the channel network and the sorter (par. 0099) or to provide images for particle counting purposes (par. 0120). It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify the laser and detector optical detection system of Hansen to instead use a camera as taught by Butler in order to provide visualization of the performance of the channel network and the sorter. Because both systems are used to separate particles mixed together in a flowing solution, modifying the optical system to comprise a camera to take images as provided by Butler, provide likewise sought functionality with reasonable expectation of success. MPEP 2143(I)(G). For claim 26 , Hansen teaches the limitations of the claim as applied to claim 1 (see above). Hansen is silent to wherein the flow cell further includes a third inlet and the system further comprises an auxiliary supply in fluid communication with the third inlet. Butler teaches an optically-based fluid cell sorter (Abstract). Butler teaches the cell sorter comprises a first inlet for a sample, a second inlet for a buffer solution, and a third inlet for a buffer solution (Fig. 5) ( wherein the flow cell further includes a third inlet and the system further comprises an auxiliary supply in fluid communication with the third inlet ). Butler teaches the addition of a third inlet for a sheath buffer/auxiliary supply regulates the flow of the objects in the sample (par. 0062-0063) and creates an equal flow for improved particle separation (par. 0068) . It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify the separating system of Hansen to include a third inlet with an additional solution as taught by Butler in order to regulate and create an equal flow for improved separation. Because both systems are used to separate particles mixed together in a flowing solution, modifying the system to contain a third inlet and solution as provided by Butler, provide likewise sought functionality with reasonable expectation of success. MPEP 2143(I)(G). For claim 27 , m odified Hansen in view of Butler teaches the sheath buffer uses a phosphate buffered saline that is well known in the art to be used as a cleaning solution biological-based analysis (par. 0101) ( wherein the auxiliary supply is a cleaning solution ). Claims 18 , 19 , and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Hansen (US 20020033939 A1) in view of Cabuz , et. al. (US 20080195020 A1) . For claim 18 , Hansen teaches the limitations as applied to claim 1 (see above). Hansen is silent to a first flow sensor and a first valve fluidly positioned between the buffer supply and the flow cell, and a second flow sensor and a second valve positioned between the sample source and the flow cell. Cabuz teaches a microfluidic cytometer apparatus (Abstract) that can be used to separate cell types from one another (par. 0090). Cabuz teaches the fluidic cartridge comprises a first line 62 that holds a sample and a second line 64 that holds a reagent (Fig. 17A-B) wherein each of the lines further comprise a flow sensor 102 and a valve (unlabeled, but seen circled in provided Figure 17B below) before reaching flow mechanism 88 (par. 0116) ( a first flow sensor and a first valve fluidly positioned between the buffer supply and the flow cell, and a second flow sensor and a second valve positioned between the sample source and the flow cell ). Cabuz teaches the addition of the flow sensors allows for flow rates of each line to be monitored (par. 0117) and the addition of the valves allows for regulation of pressure within the cartridge (par. 0116). It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify the fluidic system of Hansen to further include flow sensors and valves in the fluidic line as taught by Cabuz in order to monitor flow rates and regulate the pressure of the fluidic lines. Because both systems use fluidic systems with the goal to separate particles in a sample, modifying fluidic lines to further include flow sensors and valves as provided by Cabuz , provides likewise sought functionality with reasonable expectation of success. MPEP 2143(I)(G). For claim 19 , m odified Hansen in view of Cabuz teaches flow sensors provide a signal to a controller that in turn adjusts valves in order to reach desired fluid velocities/flow rates (par. 0048) ( wherein the first valve is controlled based on a first flow detected by the first flow sensor; and wherein the second valve is controlled based on a second flow detected by the second flow sensor ). For claim 23 , Hansen teaches the instrument works best when the light beam from optical source 60 is focused to sensing chamber 58 (Fig. 5B; par 0068). Hansen is silent to how that beam is focused, specifically, further including a lens aligned with the light beam and positioned between the light source and the flow cell. Cabuz teaches a microfluidic cytometer apparatus (Abstract) that can be used to separate cell types from one another (par. 0090). Cabuz teaches the optical assembly of the device comprises a light source, a lends adjacent to the light source, and a detector (par. 0052) ( further including a lens aligned with the light beam and positioned between the light source and the flow cell ). Cabuz teaches the lens acts to focus the light beams from the source at the particles in the core of the flow stream (par. 0052). It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify the optical assembly of Hansen to further include lens as taught by Cabuz in order to focus the light beam at the core of the flow stream. Because both optical systems operate by focusing the light beam at a central spot in the flow stream, modifying the optical assembly to further include a lens as provided by Cabuz , provides likewise sought functionality with reasonable expectation of success. MPEP 2143(I)(G). Claims 21 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Hansen (US 20020033939 A1) in view of Malinouski , et. al. (US 20150031066 A1) . For claim 21 , Hansen teaches sample reservoir 46 is mounted on a mixing device 48 that is installed in a vessel 44 ( a carrier configured to receive the sample source ) (Fig. 2A; par. 0053). Hansen is silent to a base and an actuator coupled to the carrier; wherein the carrier rotates about an axis in response to activation of the actuator. Malinouski teaches a sample container that rotates about an axis to disperse the sample fluid (Abstract). Malinouski teaches the device comprises a sample container 104 that is placed in a housing 114 ( a carrier ) that can further include a housing base attached to inlet 116 (Fig. 2; par. 0055) ( wherein the mixing assembly includes a base, a carrier configured to receive the sample source ). The rotation of the carrier is driving by one or more actuators that control the rotation of the sample container about the axis (par. 0042-0044) ( an actuator coupled to the carrier; wherein the carrier rotates about an axis in response to activation of the actuator ). Malinouski teaches this sample mixing method is allows for evenly dispersing particles suspended in a sample fluid in a manner that is delicate enough to not damage samples (par. 0008). It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify the missing assembly of Hansen to include a housing rotating about an axis as taught by Malinouski in order to thoroughly and delicately suspend samples in a fluid. Because both devices are used to evenly and thoroughly suspend particles within a sample, modifying the mixing assembly to operate by rotating about an axis as provided by Malinouski , provides likewise sought functionality with reasonable expectation of success. MPEP 2143(I)(G). For claim 22 , m odified Hansen in view of Malinouski teaches the inner surface of the housing 114 includes rubs/fins to effectively disperse the sample particles in the solution (par. 0056) ( wherein the sample source includes a protrusion configured to create a turbulent flow of a sample fluid within the sample source in response to rotation about the axis ). Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Hansen (US 20020033939 A1) . For claim 24 , Hansen teaches the system as applied to claim 1 (see above). Hansen is silent to wherein the sorting system is configured to sort at least 20 samples per minute. Hansen teaches the instrument is capable of sorting up to 50 sample objects per second (par. 0055). However, the quantity of sample objects per sample varies from sample to sample. Since this particular parameter is recognized as a result-effective variable (i.e. a variable which achieves a recognized result), the determination of the optimum or workable ranges of said variable can be characterized as routine experimentation. See MPEP 2144.05 (II)(A). Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to operate the sorting system to sort at least 20 samples per minute. Further, examiner notes that claim 24 is drawn to a functional limitation of the system and provides no further structural limitation. Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Hansen (US 20020033939 A1) in view of Rearick , et. al. (US 20170059516 A1) . For claim 25 , Hansen teaches the limitations as applied to claim 1 (see above). Hansen is silent to a temperature-controlled system thermally coupled to the buffer supply, the sample source, the sample collection stage, or any combination thereof. Rearick teaches a detection device with a heat exchanger to adjust the temperature of reagents (Abstract) that can direct the reagents to a flow cell (par. 0004). Rearick teaches the device comprises a series of reagents 224, a heat exchanger 202, and detection device 204 with a sensor chip 208 that can be a flow cell (Fig. 2; par. 0027-0028). Rearick teaches there is a controller 206 that monitors and adjusts the temperature of each of these parts with temperature sensors (par. 0027, 0030) ( further comprising a temperature-controlled system thermally coupled to the buffer supply ). Rearick teaches having control over and maintaining temperature of the reagents in a device maintain the integrity of the biological samples and reactions that are prone to varying temperatures (par. 0015). It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify the system of Hansen to further include a temperature-control system as taught by Rearick in order to maintain a constant and viable temperature for temperature-sensitive reagent/samples/reactions. Because both systems perform analysis of biological samples with a flow cell, modifying the system to further include a temperature-control system as provided by Rearick , provides likewise sought functionality with reasonable expectation of success. MPEP 2143(I)(G). Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Hansen (US 20020033939 A1) in view of Delattre, et. al. (US 20190351413 A1) . For claim 28 , Hansen teaches the limitations of claim 1 (see above). Hansen is silent to an identifying fiducial coupled to the flow cell and a sensor configured to detect the identifying fiducial. Delattre teaches a system connecting reagents to a flow cell (Abstract). Delattre teaches flexible connectors 106 of flow cell 102 is connected to support fixture 302 through trough 410 (Fig. 14A-C; par. 00162). The trough 410 further comprises fiducials 424 (Fig. 14A; par. 0170) ( further comprising an identifying fiducial coupled to the flow cell ). The fiducials 424 are used with a camera to align the trough with the support fixture 302 (par. 0170) ( and a sensor configured to detect the identifying fiducial ). The trough 410 ultimately acts as a way to divert undue stress on flexible connectors 106 and flow cell 102 when connecting to support fixture 302 (par. 0163). It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Hansen to further include fiducials and a sensor as taught by Delattre in order to properly align the flow cell to a supporting fixture without putting undue stress on parts of the flow cell. Because both systems require adding flow cells to a larger system, modifying the flow cell to include fiducial and a fiducial sensor as provided by Delattre, provide likewise sought functionality with reasonable expectation of success. MPEP 2143(I)(G). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT MADISON T HERBERT whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-1448 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Friday 8:30a-5:00p . 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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. /M.T.H./ Examiner, Art Unit 1758 /MARIS R KESSEL/ Supervisory Patent Examiner, Art Unit 1758