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 Status
Claims 1- 11, 18, 19, 20, 21, 22, and 23 are pending.
Claims 1, 7, 8, 11, 12, 13, and 19 have been amended
Claims 12, 13, and 17 have been withdrawn.
Claims 14, 15, 16 have been canceled.
Claims 21-23 are new.
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.
Claims 1-3, 6, 11, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Tondra et. al. (US 7609054 B2) in view of Ozegowski et. al. (DE 10318257 A1).
Regarding claim 1, Tondra teaches “A system with particle movement and magnetic field sensing,” (Abstract, A ferromagnetic thin-film based magnetic field detection system having a substrate supporting a magnetic field sensor in a channel with a first electrical conductor supported on the substrate); “the system comprising: a channel comprising a fluid and at least one particle in the fluid,” (Column 1 lines 15-18, Column 5 lines 28 and 29, Column 4 lines 11-13, a channel transporting a fluid entraining such a particle); Confining small magnetic material particles entrained to an extent in a liquid flow to specific parts of the cross section of the flow channel so as to pass a particle detector) “wherein the at least one particle moves along a defined path of the channel in response to a magnetic field;” (Column 4 lines 21-31 Controlling both the flow speed and the location of particles in the channel cross sectional planes, at least in the vicinity of the detector, is needed so that the magnetic field disruption due to a passing particle is predictable. Combining a magnetic field sensing based magnetic material particle flow detector with a magnetic material particle path director results in the particle path director applying magnetic field based forces to passing magnetic material particles in a liquid flow such that those particles are confined to a small fraction of the total cross section of the operating flow channel near the magnetic field disruption detector.); “and sensors integrated with the channel,” (Abstract and Column 12 line 59, supporting a magnetic field sensor in a channel. The modified GMR sensors.)
Tondra does not teach “and positioned along opposing sides of the channel”.
Ozegowski teaches magnetic field, channels in addition to teach “and positioned along opposing sides of the channel” (Page 10, Microreactor system according to claim 15, characterized in that in the wall areas of a reactor element ( 5 . 6 . 9 ) corresponding actuators ( 24 ) and sensors ( 25 ) on opposite walls of the reactor channel recess.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Tondra to incorporate the teachings of Ozegowski wherein the sensors are positioned along opposing sides of the channel. Doing so would allow the sensors to be close to light-reflecting elements are provided in or on the walls as taught by Ozegowski no matter what side of the wall they are on.
The recitation “the sensor configured to generate an output signal related to the magnetic field.” is capability of the sensor however taught within (Column 9 lines 58-62, Column 13 lines 51-57, Column 12 lines 20-23, The plots shown in the graphs of FIGS. 4, 5, and 6 generally indicate what the detector output voltage versus time result would be for the event of a magnetic particle in the flow passing detector 12 assuming the detector output voltage is linearly related to the magnetic field intensity. Again, this region of the film structure over the gap between conductors 24 is the only part of that structure providing a GMR magnetoresistor that contributes to signals related to magnetic condition changes thereabout because the remainder of the magnetoresistor is effectively shorted out by the much thicker Cu in interconnection conductors 24. This is especially important when the total resistance of the GMR sensor is relatively low which can be as small as being on the order of 50.OMEGA.).
Regarding claim 2, Tondra teaches all of claim 1 as above in addition to “wherein the at least one particle comprises a magnetically sensitive particle.” (Column 4 lines 21-31 magnetic material particle).
Regarding claim 3, Tondra teaches all of claim 1 as above in addition to “wherein the fluid is a magnetically sensitive fluid.” (Column 2 lines 17-18 and Column 8 lines 46-48, particularly in detecting relatively large (13.times.18.times.85 .mu.m) segments of ferrofluids in such flows. Thus, a conductor beneath the channel with a length that is largely along the channel extent is useful for directing magnetizable particles moving with a flowing fluid in the channel.). Therefore, the ferrofluids and the magnetizable particles within the fluid both teach to the magnetically sensitive fluid.
Regarding claim 6, Tondra teaches all of claim 1 as above in addition to “wherein the output signal is indicative of position of the at least one particle.”
(Column 17 lines 35-43 and Column 22 lines 8-11, Distinguishing magnetic material particle pairs, or bead pairs, from single particles, or beads, requires forces to be generated in the channel that pull the label particles, or label beads, apart from each other. The detector array is another way of distinguishing between single particles and pairs. It can also increase throughput, and allow for distinguishing one magnetic particle size or type from another.).
Regarding claim 11, Tondra teaches all of claim 1 as above in addition to, “further comprising an antenna configured to transmit information associated with the output signal of the sensors.” (Column lines 9-16, Magnetoresistors interconnection electrical conductors, 24, interconnect these four magnetoresistors resistors, and four further external connection electrical conductors, 27, connect interconnection conductors 24 to external operating circuitry (although on the same integrated circuit chip) for purposes of supplying electrical current to the detector and transmitting voltage signals to that external circuitry.).
Regarding claim 23, Tondra teaches all of claim 1 as above in addition to, “further comprising a conductive feature extending through a wall of the channel, the conductive feature providing an electrical connection from inside of the channel to external to the channel.” (Abstract, first electrical conductor supported on the substrate positioned at least in part along the channel gap and in direct contact with at least some surface of the magnetic field sensor and a second electrical conductor supported on the substrate positioned at least in part along the channel gap in a region thereof adjacent to, but separated from, the magnetic field sensor.).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Tondra et. al. (US 7609054 B2) in view of Stone et. al. (WO 2010117458 A1).
Regarding claim 7, Tondra teaches “A system with particle movement and magnetic field sensing,” (Abstract, A ferromagnetic thin-film based magnetic field detection system having a substrate supporting a magnetic field sensor in a channel with a first electrical conductor supported on the substrate); “the system comprising; a channel comprising a fluid and at least one particle in the fluid, (Column 1 lines 15-18, Column 5 lines 28 and 29, Column 4 lines 11-13, a channel transporting a fluid entraining such a particle. Confining small magnetic material particles entrained to an extent in a liquid flow to specific parts of the cross section of the flow channel so as to pass a particle detector.); wherein the at least one particle moves along a defined path of the channel in response to a magnetic” (Column 4 lines 21-31 Controlling both the flow speed and the location of particles in the channel cross sectional planes, at least in the vicinity of the detector, is needed so that the magnetic field disruption due to a passing particle is predictable. Combining a magnetic field sensing based magnetic material particle flow detector with a magnetic material particle path director results in the particle path director applying magnetic field based forces to passing magnetic material particles in a liquid flow such that those particles are confined to a small fraction of the total cross section of the operating flow channel near the magnetic field disruption detector.);
Tondra does not explicitly teach “one or more magnetic structures integrated with the channel and positioned along opposing sides of the channel;” although Tondra does teach one or more magnetic structures within (Abstract, A ferromagnetic thin-film based magnetic field detection system having a substrate supporting a magnetic field sensor in a channel).
Stone teaches manipulation of particles in channels in addition to “one or more magnetic structures integrated with the channel and positioned along opposing sides of the channel;” (Page 13 lines 27-29, Fig. 7A, magnets 716 and 718 positioned around fluidic channel 720).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Tondra to incorporate the teachings of Stone wherein one or more magnetic structures integrated with the channel and positioned along opposing sides of the channel. Doing so would allow a magnetic field minimum within the channel as taught by Stone.
Tondra further teaches “an integrated circuit that is integrated with the channel,” (Column 6 lines 9-11 and Column 2 lines 54-56, a monolithic integrated circuit with circuitry therein to operate the detector, or some other suitable base. A channel base material is supported directly on at least a portion of the substrate but without being across the magnetic field sensor from the substrate.).
The recitation “wherein the integrated circuit is configured to control flow of the at least one particle in the channel by at least providing a signal to the one or more magnetic structures to cause the at least one particle to flow through the channel;” is capability of the integrated circuit. However, taught within (Column 4 lines 21-31, Controlling both the flow speed and the location of particles in the channel cross sectional planes, at least in the vicinity of the detector, is needed so that the magnetic field disruption due to a passing particle is predictable. Combining a magnetic field sensing based magnetic material particle flow detector with a magnetic material particle path director results in the particle path director applying magnetic field based forces to passing magnetic material particles in a liquid flow such that those particles are confined to a small fraction of the total cross section of the operating flow channel near the magnetic field disruption detector.) and a sensor that is integrated with the channel” (Abstract, supporting a magnetic field sensor in a channel);
The recitation “the sensor configured to generate an output signal related to the magnetic field.” capability of the sensor however taught within (Column 9 lines 58-62, Column 13 lines 51-57, Column 12 lines 20-23, The plots shown in the graphs of FIGS. 4, 5, and 6 generally indicate what the detector output voltage versus time result would be for the event of a magnetic particle in the flow passing detector 12 assuming the detector output voltage is linearly related to the magnetic field intensity. Again, this region of the film structure over the gap between conductors 24 is the only part of that structure providing a GMR magnetoresistor that contributes to signals related to magnetic condition changes thereabout because the remainder of the magnetoresistor is effectively shorted out by the much thicker Cu in interconnection conductors 24. This is especially important when the total resistance of the GMR sensor is relatively low which can be as small as being on the order of 50.OMEGA.).
Claims 4 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Tondra et. al. (US 7609054 B2) in view of Ozegowski et. al. (DE 10318257 A1) as applied to claim 1 and in further in view of O’Donnell et. al. (US 9041150 B2).
Regarding claim 4, Modified Tondra teaches all of claim 1 as above in addition to “further comprising a measurement circuit (Column 10 line 60, A more complete showing of the bridge circuit); The recitation “configured to generate a measurement is indicative of a number of turns of the magnetic field based on the output signal, and the number of turns is greater than one,” is capability of the measurement circuit. Tondra discloses the positively claimed structural elements of the measurement circuit as claimed, such circuit is said to be fully capable of the recited adaption in as much as recited and required herein. In addition, Tondra teaches an output voltage signal from the bridge which is in connection with signal magnetic particle pasingover the detector within (Column 11 lines 22-37, he output voltage signal from the bridge is substantially zero in value in the absence of a magnetic particle proximate detector 12 because of the balanced electrical currents in the two sides of the bridge circuit between the conductors merger locations in these circumstances. As a particle 16 passes over the region of magnetoresistor 12' in being entrained in liquid flowing in the operating channel, this output voltage signal will become negative, and will then become positive as it subsequently passes over the region of magnetoresistor 12''. If output voltage interconnection 17 between these two magnetoresistors in the detector channel bridge legs is relatively narrow compared to the particle size and those the lengths of bridge circuit legs in the channel, the output signal voltage waveform in connection with single magnetic particle passing over the detector will, to a degree, approximate a full sine wave).
Tondra does not teach “wherein the channel is spiral shaped”.
O’Donnell integrated circuit system including a protective layer 570 may be an electromagnetic field (EMF) shielding in addition to “wherein the channel is spiral shaped.” within (Para 75, TSVs 150 may be vias. For example, an inductive spiral or coil may be fabricated within a TSV. Also, a particular aspect ratio may be required to retain or store charges in a capacitor.). Therefore the vias are the channel and they are spiral shaped.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Tondra to incorporate the teachings of O’Donnell wherein the channel is spiral. Doing so allows for increased separation by incorporating the magnetic separation in addition to hydrodynamic separation due to the shape of the channel.
Regarding claim 9, Modified Tondra teaches all of claim 1 as above but does not teach “further comprising a heating structure integrated with the channel.”.
O'Donnell teaches “further comprising a heating structure integrated with the channel.” (Column 20 lines 24-30 The heating elements may also accelerate the processing of the material that is passing through the measuring layer 3620. For example, measuring layer 3620 may include channels for a liquid that is to be analyzed.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Tondra to incorporate the teachings of O’Donnell and further comprising a heating structure integrated with the channel. Doing so is detrimental to the system to better operate another layer such as the measuring layer (channels) as taught within O’Donnell.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Tondra et. al. (US 7609054 B2) in view of Ozegowski et. al. (DE 10318257 A1) as applied to claim 1, and in further view of Dittmer et. al. (US 9841421 B2).
Regarding claim 5, Modified Tondra teaches all of claim 1 as above, but does not explicitly teach “wherein the output signal is indicative of a cumulative exposure to the magnetic field.”
Dittmer teaches a sensor device and a method for the detection of magnetic particles in a sample chamber with a contact surface in addition to “wherein the output signal is indicative of a cumulative exposure to the magnetic field.” within (column 15 lines 18-31, If desired, the accuracy of the corrected measurements can be further improved for example by using different signal processing, using more reference regions etc. Another improvement may be based on the observation that the signal obtained in a measurement (e.g. FTIR, single bead measurements, scattered light measurement etc.) at any given point in time is directly proportional to the amount of particles having a close interaction with the surface at that time. Therefore in principle, summing up all the signal obtained in an assay is proportional to the total amount of particles that have interacted with the surface during that assay. The accuracy of the measurements may thus be improved by correcting for the total amount of observed interactions (the cumulative signal change).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Tondra to incorporate the teachings of Dittmer wherein the output signal is indicative of a cumulative exposure to the magnetic field. Doing so improves accuracy by correcting for the total amount of observed interactions as taught within Dittmer.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Tondra et. al. (US 7609054 B2) in view of Ozegowski et. al. (DE 10318257 A1) as applied to claim 1, and in further view of Berney et. al. (US 20200072783 A1).
Regarding claim 10, Modified Tondra teaches all of claim 1 as above but does not teach “further comprising a piezoelectric structure integrated with the channel.”.
Berney teaches a semiconductor substrate and a first passive electrode attached to the semiconductor substrate. The first passive electrode can be configured to contact a solution and to provide a first electrical voltage as function of a concentration of an ion within the solution in addition to further comprising a piezoelectric structure integrated with the channel.” (Para [0064], In some examples, the MEMS component or a piezoelectric material can cause vibration in the channel to help prevent fouling of the channel such as by reducing the chance that fouling material will adhere to the channel walls.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Tondra to incorporate the teachings of Berney wherein the device further comprises a piezoelectric structure integrated with the channel. Doing so would prevent unwanted materials building up within the channel as per Berney.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Tondra et. al. (US 7609054 B2) in view of Stone et. al. (WO 2010117458 A1) as applied to claim 7, and in further view of Zhou et. al. (CN 1267089 A).
Regarding claim 8, Modified Tondra teaches all of claim 7 as above but does not teach “wherein the one or more magnetic structures have a meander shape.”.
Zhou teaches a Micro-electromagnetic Unit in addition to “the one or more magnetic structures have a meander shape.” within (Pages 10 and 11, Therefore, in FIG. 1, the electromagnetic unit 11 the central region 19 can be made of ferrite material or a ferromagnetic material and to make the current loop 15 for electric insulation. Various methods known to the people of this field can be used on the substrate depositing a ferrite material, or a ferromagnetic material (for example see Ahn and Allen article. A new toroidal-meander type integrated SEPIC with a multilevel meander magnetic core. Ferromagnetic material is filled in the holes 22 to form the magnetic core.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Tondra to incorporate the teachings of Zhou wherein one or more magnetic structures have a meander shape within a magnetic core. Doing so increases the current in the conductive coil by having the magnetic core which was meander magnetic core as described by Zhou.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Tondra et. al. (US 7609054 B2) in view of Ying et. al. (US 20120024770 A1).
Regarding claim 18, Tondra teaches “A system with particle movement in response to a magnetic stimulus,” (Abstract, A ferromagnetic thin-film based magnetic field detection system having a substrate supporting a magnetic field sensor in a channel with a first electrical conductor supported on the substrate);
“the system comprising: a channel comprising a fluid and at least one particle in the fluid;” (Column 1 lines 15-18 and Column 5 lines 28 and 29, a channel transporting a fluid entraining such a particle);
“and a magnetic structure integrated with the channel,” (Abstract, A ferromagnetic thin-film based magnetic field detection system having a substrate supporting a magnetic field sensor in a channel with a first electrical conductor supported on the substrate).
Tondra does not teach “the magnetic structure comprising a meander shape”.
Ying teaches a microfluidic separation system which comprises a magnetic separator in addition to “wherein the magnetic structure has a meander shape.” within (Fig 1, number 36 channels). Therefore, the magnetic particles within the channel teaches to the meander shape of the magnetic structure.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Tondra to incorporate the teachings of Ying wherein the channel is spiral. Doing so allows for increased separation by incorporating the magnetic separation in addition to hydrodynamic separation due to the shape of the channel.
Further taught by Tondra “and the magnetic structure configured to apply a gradient magnetic field to cause the at least one particle to move in the channel.” (Column 5 lines 10-13, Column 6 lines 37-40, and Column 5 lines 14-1, That is, the direction of the magnetic field based force on particles due to the downward field gradient must be relatively uniform. The fragmentary cross section view of this channel in FIG. 2 shows therein a downward pointing arrow representing the force vector for the force applied to particle 16 by the magnetic field gradient present at that location. A particle trajectory in the plane of corresponding ones of channel cross section areas can be derived from the equation of motion involving viscous-drag forces in the liquid flow and channel region magnetic field based forces).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Tondra et. al. (US 7609054 B2) in view of Ying et. al. (US 20120024770 A1) as applied to claim 18, and in further view of Ozegowski et. al. (DE 10318257 A1).
Regarding claim 19, modified Tondra teaches all of claim 18 as above in addition to teaching “further comprising one or more sensors integrated with the channel,” (Abstract and Column 12 line 59, supporting a magnetic field sensor in a channel. The modified GMR sensors).
Tondra does not teach “and positioned along opposing sides of the channel”.
Ozegowski teaches magnetic field, channels in addition to teach “and positioned along opposing sides of the channel” (Page 10, Microreactor system according to claim 15, characterized in that in the wall areas of a reactor element ( 5 . 6 . 9 ) corresponding actuators ( 24 ) and sensors ( 25 ) on opposite walls of the reactor channel recess.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Tondra to incorporate the teachings of Ozegowski wherein the sensors are positioned along opposing sides of the channel. Doing so would allow the sensors to be close to light-reflecting elements are provided in or on the walls as taught by Ozegowski no matter what side of the wall they are on.
The recitation “the one or more sensors configured to generate an output signal related to the gradient magnetic field” recites a capability of the sensor however taught within (Column 9 lines 58-62, Column 13 lines 51-57, Column 12 lines 20-23, The plots shown in the graphs of FIGS. 4, 5, and 6 generally indicate what the detector output voltage versus time result would be for the event of a magnetic particle in the flow passing detector 12 assuming the detector output voltage is linearly related to the magnetic field intensity. Again, this region of the film structure over the gap between conductors 24 is the only part of that structure providing a GMR magnetoresistor that contributes to signals related to magnetic condition changes thereabout because the remainder of the magnetoresistor is effectively shorted out by the much thicker Cu in interconnection conductors 24. This is especially important when the total resistance of the GMR sensor is relatively low which can be as small as being on the order of 50.OMEGA.).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Tondra et. al. (US 7609054 B2) and Ying et. al. (US 20120024770 A1) as applied to claim 18, and in further view of O’Donnell et. al. (US 9041150 B2).
Regarding claim 20, modified Tondra teaches all of claim 18 but does not teach “further comprising at least one of a heating element integrated with the channel or a piezoelectric element integrated with the channel.”
O'Donnell teaches further comprising at least one of a heating element integrated with the channel or a piezoelectric element integrated with the channel.” (Column 20 lines 24-30 The heating elements may also accelerate the processing of the material that is passing through the measuring layer 3620. For example, measuring layer 3620 may include channels for a liquid that is to be analyzed.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Tondra to incorporate the teachings of O’Donnell and further comprising a heating structure integrated with the channel. Doing so is detrimental to the system to better operate another layer such as the measuring layer (channels) as taught within O’Donnell.
Claims 21 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Tondra et. al. (US 7609054 B2) in view of Ying et. al. (US 20120024770 A1) as applied to claim 18, and in further view of Zhou et. al. (CN 1267089 A).
Regarding claim 21, Modified Tondra teaches all of claim 18 as above. Tondra does not teach “wherein the magnetic structure is a three-dimensional meander structure positioned around the channel.”.
Tondra teaches within claim 18 (Abstract, A ferromagnetic thin-film based magnetic field detection system having a substrate supporting a magnetic field sensor in a channel with a first electrical conductor supported on the substrate). Ying teaches to the structure being meander shape by having the magnetic particles within the channel however it’s the sensor in relation to the channels that are the magnetic structure and particles within the structure that support the meander shape. Zhou further teaches to the three-dimensional meander structure positioned around the channel.
Zhou teaches “wherein the magnetic structure is a three-dimensional meander structure positioned around the channel.” (Page 11 and Fig. 6, by selecting the magnetic core 26 around the channel 18).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Tondra to incorporate the teachings of Zhou wherein the magnetic structure is a three-dimensional meander structure positioned around the channel. Doing so allows for annular current, which generates a magnetic field as taught by Zhou.
Regarding claim 22, Modified Tondra teaches all of claim 18 as above. Tondra does not teach “wherein the magnetic structure is positioned outside the channel.”
Tondra teaches within claim 18 (Abstract, A ferromagnetic thin-film based magnetic field detection system having a substrate supporting a magnetic field sensor in a channel with a first electrical conductor supported on the substrate). Ying teaches to the structure being meander shape by having the magnetic particles within the channel however it’s the sensor in relation to the channels that are the magnetic structure and particles within the structure that support the meander shape. Zhou further teaches to the magnetic structure is positioned outside the channel.
Zhou teaches wherein the magnetic structure is positioned outside the channel. (Page 11 and Fig 6, by selecting the magnetic core 26 around the channel 18).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Tondra to incorporate the teachings of Zhou wherein the magnetic structure is positioned outside the channel. Doing so allows for annular current, which generates a magnetic field as taught by Zhou.
Response to Arguments
Applicant’s arguments with respect to claims 1-11 and 19 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant argues that Tundra in view of Ying does not disclose or suggest every element in claim 18. Further stating that Ying does not disclose “a magnetic structure integrated with the channel, the magnetic structure comprising a meander shape, and the magnetic structure configured to apply a gradient magnetic field to cause the at least one particle to move in the channel".
Examiner highlights that “magnetic structure configured to apply a gradient magnetic field to cause the at least one particle to move in the channel" is capability of the magnetic structure and therefore Tundra in view of Ying teaches each positively claimed feature of the magnetic structure and therefore is capable of such recitation. Tundra teaches within claim 18 (Abstract, A ferromagnetic thin-film based magnetic field detection system having a substrate supporting a magnetic field sensor in a channel with a first electrical conductor supported on the substrate).
Ying teaches to the structure being meander shape by having the magnetic particles within the channel however it’s the sensor in relation to the channels that are the magnetic structure and particles within the structure that support the meander shape. Therefore, “a magnetic structure integrated with the channel, the magnetic structure comprising a meander shape,” is taught by Tondra in view of Ying.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/V.E.H./Examiner, Art Unit 1798
/CHARLES CAPOZZI/Supervisory Patent Examiner, Art Unit 1798
Prosecution Insights