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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 25 June 2023 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered 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.
Claims 1, 2, and 4 – 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sommers et al (US 20040101444 A1).
With regards to claim 1, Sommers et al teaches;
The claimed "a cartridge for supplying a liquid to a channel chip" has been read on the taught ([0006], "The present disclosure may be described […] as an apparatus for delivering fluid or fluids to a biochip…");
The claimed "cartridge comprising a main body including a liquid housing part and a communication pipe for allowing a liquid housed in the liquid housing part to pass therethrough" has been read on the taught ([0012], "The present disclosure may also be described […] as a fluidics station including: a housing; one or more movable chip cartridge interface assemblies contained within the housing including […] a plurality of fluid circuits including tubing, valves, pumps, and fluid reservoirs configured to deliver fluids to and from the chip cartridges…"; The housing reads on a main body. The fluid circuit reads on a liquid housing part. The fluid circuits including tubing reads on a communication pipe).
The claimed "communication pipe being elastic" has been read on the taught ([0102], "The preferred tubing to be used in a pinch valve may be flexible or elastically deformable, or "pinch-able". Silicone is widely used for pinch valves."; see also [0053] which teaches rubber tubing).
The claimed "a pressing member configured to allow switching of a pressing state of the pressing member to the communication pipe in order to switch the communication pipe between a closed state and an opened state" has been read on the taught ([0062], "To block fluid flow in the fluid circuit, the dock 130 may include three pinch points… A pinch valve is used to depress or pinch a conduit against a pinch point, and thereby prevent flow in the depressed conduit."; Dock 130 and associated pinch points read on a pressing member configured to allow switching of a pressing state.).
With regards to claim 2, the cartridge according to claim 1 is anticipated by Sommers et al.
Sommers et al additionally teaches;
The claimed, "a first pressing part […] the first pressing part sandwiching the communication pipe between portions thereof when bringing the communication pipe to the closed state" has been read on the taught ([0069], "When the valve is closed, the solid cylinder 158 of pinch valve 152 depresses against the conduit adjacent to the pinch valve 152 sufficient to prevent fluid flow in conduit 122 of FIG. 5.");
The claimed, "a second pressing part […] the second pressing part sandwiching the communication pipe between portions thereof when bringing the communication pipe to the opened state" has been read on the taught ([0062], "As shown in FIG. 3A, the pinch points 335a and 335b function as support for the silicone rubber tubing conduits."; The pinch points functioning as support for the tubing reads on the second pressing part sandwiching the pipe between portions. Annotated figure 5 below shows the supportive material surrounding the tubing);
The claimed "a distance between the portions of the first pressing part is smaller than a distance between the portions of the second pressing part" has been read on the taught ([0062], " A pinch valve is used to depress or pinch a conduit against a pinch point, and thereby prevent flow in the depressed conduit."; See annotated figure 5 below, which clearly shows a narrower space when the first pressing part is bringing the communication pipe to the closed state, versus the larger space when the second pressing part is bringing the communication pipe to an open space.)
The claimed "wherein the pressing member includes a first pressing part and a second pressing part, the first pressing part sandwiching the communication pipe between portions thereof when bringing the communication pipe to the closed state, the second pressing part sandwiching the communication pipe between portions thereof when bringing the communication pipe to the opened state and a distance between the portions of the first pressing part is smaller than a distance between the portions of the second pressing part" has been read on the pinch valve as described by in Figures 4 and 5. Please refer to annotated figure 5 below.
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With regards to claim 4, the cartridge according to claim 1 is anticipated by Sommers et al.
The claimed "wherein the liquid housing part and the communication pipe are integrally molded as a product of an elastic material" has been read on the taught ([0053], "Conduits 120 and 122 may be fabricated from silicone rubber tubing, polypropylene…"; [0062], "For ease of use, one implementation of the hybridization station includes a plastic molded dock 130."; [0057], "Depending on the choice of material, the T-connectors may be efficiently fabricated using injection mold technology. Representative materials that are chemically resistant and compatible with injection mold technology include poly-ether-ether-ketone ("PEEK") or polypropylene.").
One of ordinary skill in the art will recognize polypropylene as an elastic material commonly used in hosing.
Taken together, the above citations clearly show that Sommers et al teaches both the injection molding of components including parts of the fluidic system (such as the dock and T-junctions) and the use of polypropylene (an elastic material) in the conduits (which read on the communication pipe). One of ordinary skill in the art reading Sommers et al would arrive at the integral molding of components from an elastic material.
With regards to claim 5, the cartridge according to claim 1 is anticipated by Sommers et al.
Sommers et al additionally teaches;
The claimed “wherein the pressing member further includes a first engaging part for engaging with a second engaging part of one of a channel chip” has been read on the taught ([0142], “The chip interface subassembly provides a cartridge guide 2502 that serves to align the inlet and outlet conduits of the chip with the fluid posts 2504.”; Cartridge guide 2502 reads on a first engaging part. [0062] – [0063] describes how the dock (which reads on the pressing member) engages with the chip. The inlet and outlet conduits of the chip read on a second engaging part of one of a channel chip.);
The claimed “the channel chip being a channel chip with which the communication pipe of the cartridge is configured to be connected” has been read on the taught ([0136], “The fluid loop for circulating fluid through the chip includes conduits connecting the sample reservoir and a pump.”);
The claimed “a chip holder […] the chip holder being for housing the channel chip” has been read on the taught ([0140], “The cartridge provides a depression 2402 that holds the biochip 2406 in place...”; The cartridge reads on a chip holder.);
The claimed “a liquid handling device […] the liquid handling device being for supporting the channel chip or the chip holder” has been read on the taught ([0141], “A part of a chip interface subassembly is shown in FIG. 24. The subassembly shown accommodates two chip cartridges.”
With regards to claim 6, the cartridge according to claim 5 is anticipated by Sommers et al.
The claim language of “when the pressing member brings the communication pipe to the closed state” and when the pressing member brings the communication pipe to the opened state” are examples of functional language which describes the intended use of the device; please see MPEP 2114(II), and Hewlett-Packard Co.v.Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990).
The structural limitations taught by Sommers et al are capable of having the engaging parts disengaged at the same time as the pressing member brings the communication pipe to the closed state, and are capable of being engage when the pressing member brings the communication pipe to the opened state. Accordingly, the limitations of claim 6 are not sufficient to distinguish the claimed invention from the prior art.
With regards to claim 7, the cartridge according to claim 1 is anticipated by Sommers et al.
Sommers et al additionally teaches;
The claimed “a channel chip configured to be connected with the communication pipe of the cartridge” has been read on the taught ([0053], “The chip 100 is connected to conduits 120 and 122 forming a fluid loop.”);
The claimed “a chip holder housing the channel chip” has been read on the taught ([0142], “The chip interface subassembly provides a cartridge guide 2502 that serves to align the inlet and outlet conduits of the chip with the fluid posts 2504.”; The chip interface subassembly reads on a chip holder housing the channel chip.”).
Claim Rejections - 35 USC § 103
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 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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Sommers et al (US 20040101444 A1) in view of Hirschel et al (US 20150175950 A1).
With regards to claim 3, the cartridge according to claim 2 is anticipated by Sommers et al.
While Sommers et al teaches moving the main body and the pressing part relative to one another (see [0069]), Sommers et al does not explicitly disclose wherein the pressing member is configured to switch between a state in which the communication pipe is positioned within the first pressing part and a state in which the communication pipe is positioned within the second pressing part.
In the analogous art of fluid handling systems, Hirschel et al teaches;
Hirschel teaches an apparatus including an instrument with a main body and a separate module (see [0214]), and fluid lines (see for instance [0075], [0214]).
The claimed “the pressing member is configured to switch between a state in which the communication pipe is positioned within the first pressing part and a state in which the communication pipe is positioned within the second pressing part by moving the main body and the pressing member relative to each other” has been read on the taught ([0241], “Elastomer tubing is occluded by sliding the tubing into a narrow slot 112 that compresses the tubing wall against itself. This is accomplished by using a servo drive (actuator and position feed back loop) to move a plate 110 with slot 112 in it and reacting against another plate or slide body 114 that holds the tubing in an immobile state. The moveable plate is designed with varying width slots to allow for position/positions to be inactive. This allows for normally open 116 or 118 and normally closed 117 positions.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device including a pressing member as taught by Sommers et al with the pressing part in which the communication pipe is positioned within a first pressing part or second pressing part as taught by Hirschel et al. According to MPEP 2143(I)(B), simple substitution of one known element for another to obtain predictable results may be prima facie obvious. In the case of the instant invention, the prior art of Sommers et al teaches a pinch valve which uses a piston and stationary conduit, which differs from the claimed device by substation of a pressing member which can transition the conduit between a first pressing part and a second pressing part. The prior art of Hirschel et al teaches a tubing slide clamp with an automated switch mechanism (which moves the conduit between two pressing parts). One of ordinary skill in the art could have substituted the known element of a tubing slide clamp as taught by Hirschel et al for the pinch valve as taught by Sommers et al for the predictable result of restricting fluid flow in elastic tubing.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ishida et al (US D279314 S) teaches a tubing slide clamp which has two pressing parts with a difference in dimensions.
Levent et al (US 20100288382 A1) teaches a valve system involving a pressing member, with parts of the pressing member moving relative to a main cartridge.
Veltrop et al (US 20120325860 A1) teaches a configuration of pinch valve.
Ono et al (US 20210018104 A1) teaches a microfluidic valve wherein a pressing member is moved relative to a substrate in order to open or close flow paths.
Hossain et al (Hossain MT, Shahid MA, Mahmud N, Habib A, Rana MM, Khan SA, Hossain MD. Research and application of polypropylene: a review. Discov Nano. 2024; 19(2)) teaches the properties of polypropylene.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALISON CLAIRE GERHARD whose telephone number is (571)270-0945. The examiner can normally be reached M-F, 9:00 - 5:30pm EST.
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/ALISON CLAIRE GERHARD/Examiner, Art Unit 1797 /LYLE ALEXANDER/Supervisory Patent Examiner, Art Unit 1797