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 08/10/2026 has been entered. Claims 1-12, 14, 27-29, 35 and 42-44 are pending in the application. Claims 14, 27-28 are withdrawn. Claims 1-12, 29, 35 and 42-44 are being examined herein.
Status of Objections and Rejections
The objection to the Specification is being withdrawn in view of Applicant’s amendment.
The rejection under 35 U.S.C. 102 are being withdrawn in view of Applicant’s amendment.
New grounds of rejection under 35 U.S.C. 102 are necessitated by the amendments
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 applicant regards as his invention.
Claims 2-3, 5-10 and 35 are 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 2 recites the limitation “wherein the one or more sample inlets comprise a first and a second sample inlet, the one or more reagent inlets comprise a first reagent inlet” in lines 1-2 which conflicts with the limitation “wherein (i) the one or more oil inlets is a single oil inlet or (ii) the one or more sample inlets is a single sample inlet and the one or more reagent inlets is a single reagent inlet” in lines, 22-24 of the amended claim 1 (emphasis added). Therefore, the claim is indefinite.
Claim 3 recites the limitation “wherein … the one or more oil inlets comprise a first and a second oil inlet” in lines 2-3 which conflicts with the limitation “wherein (i) the one or more oil inlets is a single oil inlet or (ii) the one or more sample inlets is a single sample inlet and the one or more reagent inlets is a single reagent inlet” in lines, 22-24 of the amended claim 1 (emphasis added). Therefore, the claim is indefinite.
Claim 5 recites the limitation “wherein the one or more sample inlets comprise a first and a second sample inlet, the one or more reagent inlets comprise a first and a second reagent inlet” in lines 1-2 which conflicts with the limitation “wherein (i) the one or more oil inlets is a single oil inlet or (ii) the one or more sample inlets is a single sample inlet and the one or more reagent inlets is a single reagent inlet” in lines, 22-24 of the amended claim 1 (emphasis added). Therefore, the claim is indefinite.
Claim 6 recites the limitation “wherein the one or more sample inlets comprise a first and a second sample inlet, the one or more reagent inlets comprise a first and a second reagent inlet” in lines 1-2 which conflicts with the limitation “wherein (i) the one or more oil inlets is a single oil inlet or (ii) the one or more sample inlets is a single sample inlet and the one or more reagent inlets is a single reagent inlet” in lines, 22-24 of the amended claim 1 (emphasis added). Therefore, the claim is indefinite.
Claim 10 is indefinite because of their dependence on claim 6.
Claim 7 recites the limitation “wherein the one or more reagent inlets comprise a first and a second reagent inlet, the one or more sample inlets comprise a first and a second sample inlet” in lines 1-2 which conflicts with the limitation “wherein (i) the one or more oil inlets is a single oil inlet or (ii) the one or more sample inlets is a single sample inlet and the one or more reagent inlets is a single reagent inlet” in lines, 22-24 of the amended claim 1 (emphasis added). Therefore, the claim is indefinite.
Claims 8-9 are indefinite because of their dependence on claim 7.
Claim 35 recites the limitation “wherein the one or more reagent inlets of the device comprise a first and a second reagent inlet, the one or more sample inlets comprise a first and a second sample inlet” in lines 1-2 which conflicts with the limitation “wherein (i) the one or more oil inlets is a single oil inlet or (ii) the one or more sample inlets is a single sample inlet and the one or more reagent inlets is a single reagent inlet” in lines, 22-24 of the amended claim 1 (emphasis added). Therefore, the claim is indefinite.
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 1-12, 29, 35 and 42-44 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jeong et al. (‘Large-scale production of compound bubbles using parallelized microfluidics for efficient extraction of metal ions’, Lab Chip, 2019, 19, 665-673).
Regarding claim 1, Jeong teaches a device (Fig. 1, see annotated Fig. A below) for producing droplets comprising a flow path comprising:
a) one or more sample inlets (annotated Fig. A, first and second sample inlets; corresponds to water inlets);
b) one or more reagent inlets (annotated Fig. A, first and second reagent inlets; corresponds to the gas inlet);
c) one or more oil inlets (annotated Fig. A, first oil inlet; the oil inlet shown in Fig. 1C of Jeong);
d) one or more collection reservoirs (annotated Fig. A, first and second collection reservoirs);
e) a first and a second sample channel (annotated Fig. A), each in fluid communication with the one or more sample inlets (Fig. 1 and p. 668, left column, oil/water/gas flow from corresponding distribution channel to intermediate channels FFGs channels);
f) a first and a second reagent channel, each in fluid communication with the one or more reagent inlets (Fig. 1 and p. 668, left column, oil/water/gas flow from corresponding distribution channel to intermediate channels FFGs channels);
g) a first, second, third, and fourth oil channel in fluid communication with the one or more oil inlets (Fig. 1 and p. 668, left column, oil enters from a single oil inlet first oil inlet, see Fig. 1C and annotated Fig. A, then divide into 8 sets of horizontal distribution channel then to the vertical intermediate channels connected to the FFGs);
h) a first intersection (annotated Fig. A) at which the first reagent channel and the first sample channel intersect (annotated Fig. A. See also Fig. 1A, the junction where the water channels and gas channel intersect);
i) a second intersection (annotated Fig. A) at which the second reagent channel and the second sample channel intersect (annotated Fig. A. See also Fig. 1A, the junction where the water channels and gas channel intersect);
j) a first and a second droplet channel (annotated Fig. A), wherein the first droplet channel is in fluid communication with the first intersection and the one or more collection reservoirs and the second droplet channel is in fluid communication with the second intersection and the one or more collection reservoirs (annotated Fig. A);
k) a third intersection (annotated Fig. A) at which the first and second oil channels and the first droplet channel intersect (Fig. A. See also Fig. 1A), wherein the third intersection is fluidically disposed between the first intersection and the one or more collection reservoirs (annotated Fig. A); and
I) a fourth intersection (annotated Fig. A) at which the third and fourth oil channels and the second droplet channel intersect, wherein the fourth intersection is fluidically disposed between the second intersection and the one or more collection reservoirs (annotated Fig. A).
wherein (i) the one or more oil inlets is a single oil inlet (annotated Fig. A and the oil inlet shown in Fig. 1C of Jeong is a single oil inlet)
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Figure A. Annotated Figure 1 of Jeong.
Regarding claim 2, Jeong teaches all of the elements of the current invention as stated above with respect to claim 1. Jeong further wherein the one or more sample inlets comprise a first and a second sample inlet (annotated Fig. A), the one or more reagent inlets comprise a first reagent inlet (annotated Fig. A), the one or more oil inlets comprise a first oil inlet (annotated Fig. A), and the one or more collection reservoirs comprise a first and a second collection reservoir (annotated Fig. A); and wherein the first sample channel is in fluid communication with the first sample inlet, the second sample channel is in fluid communication with the second sample inlet, the first droplet channel is in fluid communication with the first collection reservoir, the second droplet channel is in fluid communication with the second collection reservoir (annotated Fig. A).
Regarding claim 3, Jeong teaches all of the elements of the current invention as stated above with respect to claim 1. Jeong further teaches wherein the one or more sample inlets comprise a first sample inlet (annotated Fig. A), the one or more reagent inlets comprise a first reagent inlet (annotated Fig. A), the one or more oil inlets comprise a first and a second oil inlet (the invention is being interpreted with the alternative of option (i) wherein the one or more oil inlets comprise a single oil inlet, and this limitation involving two oil inlets does not apply), and the one or more collection reservoirs comprise a first collection reservoir (annotated Fig. A); and wherein the first and third oil channels are in fluid communication with the first oil inlet and the second and fourth oil channels are in fluid communication with the second oil inlet (the invention is being interpreted with the alternative of option (i) wherein the one or more oil inlets comprise a single oil inlet, and this limitation involving two oil inlets does not apply).
Regarding claim 4, Jeong teaches all of the elements of the current invention as stated above with respect to claim 1. Jeong further teaches the device further comprising a third and a fourth sample channel (the third sample channel is the right sample channel of the left FFG and the fourth sample channel is the left sample channel of the right FFG shown in the annotated figure A) each in fluid communication with the one or more sample inlets (annotated Fig. A), wherein the third sample channel intersects the first reagent channel at the first intersection and the fourth sample channel intersects the second reagent channel at the second intersection (annotated Fig. A).
Regarding claim 5, Jeong teaches all of the elements of the current invention as stated above with respect to claim 4. Jeong further teaches wherein the one or more sample inlets comprise a first and a second sample inlet (annotated Fig. A), the one or more reagent inlets comprise a first and a second reagent inlet (annotated Fig. A), the one or more oil inlets comprise a first oil inlet (annotated Fig. A), and the one or more collection reservoirs comprise a first and a second collection reservoir (annotated Fig. A); and wherein the first and third sample channels are in fluid communication with the first sample inlet (annotated Fig. A), the second and fourth sample channels are in fluid communication with the second sample inlet (annotated Fig. A), the first reagent channel is in fluid communication with the first reagent inlet (annotated Fig. A), the second reagent channel is in fluid communication with the second reagent inlet (annotated Fig. A), the first droplet channel is in fluid communication with the first collection reservoir(annotated Fig. A), and the second droplet channel is in fluid communication with the second collection reservoir (annotated Fig. A).
Regarding claim 6, Jeong teaches all of the elements of the current invention as stated above with respect to claim 4. Jeong further teaches wherein the one or more sample inlets comprise a first and a second sample inlet (annotated Fig. A), the one or more reagent inlets comprise a first and a second reagent inlet (annotated Fig. A), the one or more oil inlets comprise a first oil inlet (annotated Fig. A), the one or more collection reservoirs comprise a first collection reservoir (annotated Fig. A); and wherein the first and third sample channels are in fluid communication with the first sample inlet (annotated Fig. A), the second and fourth sample channels are in fluid communication with the second sample inlet (annotated Fig. A), the first reagent channel is in fluid communication with the first reagent inlet, and the second reagent channel is in fluid communication with the second reagent inlet (annotated Fig. A).
Regarding claim 7, Jeong teaches all of the elements of the current invention as stated above with respect to claim 1. Jeong further teaches wherein the one or more reagent inlets comprise a first and a second reagent inlet (annotated Fig. A), the one or more sample inlets comprise a first and a second sample inlet (annotated Fig. A), the first reagent channel is in fluid communication with the first reagent inlet (annotated Fig. A), the first sample channel is in fluid communication with the first sample inlet (annotated Fig. A), the second reagent channel is in fluid communication with the second reagent inlet (annotated Fig. A), the second sample channel is in fluid communication with the second sample inlet (annotated Fig. A), and wherein one or more of the first through fourth oil channels is disposed between the first and second reagent inlets and
Regarding claim 8, Jeong teaches all of the elements of the current invention as stated above with respect to claim 7. Jeong further teaches wherein the one or more collection reservoirs comprise first and second collection reservoirs (annotated Fig. A), the first droplet channel is in fluid communication with the first collection reservoir and the second droplet channel is in fluid communication with the second collection reservoir (annotated Fig. A).
Regarding claim 9, Jeong teaches all of the elements of the current invention as stated above with respect to claim 7. Jeong further teaches the device further comprising a third sample channel (annotated Fig. A) in fluid communication with the first sample inlet and a fourth sample channel (annotated Fig. A) in fluid communication with the second sample inlet (annotated Fig. A); wherein the third sample channel intersects the first reagent channel at the first intersection and the fourth sample channel intersects the second reagent channel at the second intersection (annotated Fig. A); and wherein the third and fourth sample channels are disposed between the first and second reagent inlets (annotated Fig. A)(the third sample channel is the right sample channel of the left FFG, the fourth sample channel is the left sample channel of the right FFG in annotated figure). .
Regarding claim 10, Jeong teaches all of the elements of the current invention as stated above with respect to claim 6. Jeong further teaches the device further comprising an oil waste reservoir (distribution channel on the right of Fig. 1C that leads to the outlet)(see annotated Fig. A) and one or more oil waste channels (four channels that are connected to the distribution channel on the right of the Fig. 1C)(see annotated Fig. A), wherein each oil waste channel is in fluid communication with the oil waste reservoir and in fluid communication with the one or more collection reservoirs (Fig. 1C).
Regarding claim 11, Jeong teaches all of the elements of the current invention as stated above with respect to claim 1. Jeong further teaches wherein the one or more collection reservoirs comprise first and second collection reservoirs (annotated Fig. A), the first droplet channel is in fluid communication with the first collection reservoir and the second droplet channel is in fluid communication with the second collection reservoir (annotated Fig. A), and wherein one or more of the first through fourth oil channels are disposed between the first and second collection reservoirs (annotated Fig. A, the second and third oil channels are disposed between the first and second collection reservoirs)(the second oil channel is the right oil channel of the left FFG, the third oil channel is the left oil channel of the right FFG in annotated figure). .
Regarding claim 12, Jeong teaches all of the elements of the current invention as stated above with respect to claim 1. Jeong further teaches wherein at least one of the one or more sample channels and/or the one or more reagent channels comprise one or more rectifiers; and/or wherein at least one of the one or more sample channels and/or the one or more reagent channels comprises a funnel (Fig. 1A and Fig. 2A shows the gas (reagent) channel has a funnel as the outlet of the gas channel has a smaller cross-section; p. 11, lns. 1-3 in the spec, a funnel is defined as “a channel portion having an inlet and an outlet in fluid communication with the inlet, and at least one cross-sectional dimension (e.g., width) between the inlet and outlet that is greater than the corresponding cross-sectional dimension (e.g., width) of the outlet”).
Regarding claim 29. Jeong teaches a system for producing droplets comprising:
a) a device according to claim 1 (see above);
b) one or more first fluids (aqueous phase, 5 wt% polyvinyl alcohol (PVA) and 0.1 wt% sodium dodecyl sulfate)(p.666, under “Microfluidic device operation”) disposed in the first and second sample channels;
c) one or more second fluids (N2 gas) disposed in the first and second reagent channels;
d) one or more third fluids (oil phase, hexadecane containing 2 wt% Span 80) disposed in the first, second third, and fourth oil channels; and
e)
wherein the one or more first fluids and one or more second fluids are immiscible in the one or more third fluids (hexadecane is immiscible with 5 wt% polyvinyl alcohol (PVA) and 0.1 wt% sodium dodecyl sulfate, and hexadecane is also immiscible with N2 gas); and
wherein the system is configured to produce droplets of the one or more first fluids and the one or more second fluids in the one or more third fluids (Fig. 1A, droplets of gas phase and aqueous produces in the oil phase).
Regarding claim 35, Jeong teaches all of the elements of the current invention as stated above with respect to claim 29. Jeong further teaches wherein the one or more reagent inlets of the device comprise a first and a second reagent inlet (annotated Fig. A), the one or more sample inlets comprise a first and a second sample inlet (annotated Fig. A), the first reagent channel is in fluid communication with the first reagent inlet, the first sample channel is in fluid communication with the first sample inlet, the second reagent channel is in fluid communication with the second reagent inlet, the second sample channel is in fluid communication with the second sample inlet (annotated Fig. A); and wherein one or more of the first through fourth oil channels is disposed between the first and second reagent inlets and/or between the first and second sample inlets (annotated Fig. A, the second and third oil channels are disposed between the reagent inlets as well as the sample inlets)(the second oil channel is the right oil channel of the left FFG, the third oil channel is the left oil channel of the right FFG in annotated figure).
Regarding claim 42, Jeong teaches all of the elements of the current invention as stated above with respect to claim 29. With regards to the limitation “wherein the particles in the one or more sample inlets comprise biological particles,” the invention is being interpreted with the alternative of the system not comprising particles in the one or more sample inlets (see claim 29). Since this limitation is directed to the particles, it does not further structurally limit the invention.
Regarding claim 43, Jeong teaches all of the elements of the current invention as stated above with respect to claim 29. With regards to the limitation “wherein the particles in the one or more reagent inlets comprise gel beads,” the invention is being interpreted with the alternative of the system not comprising particles in the one or more reagent inlets (see claim 29). Since this limitation is directed to the particles, it does not further structurally limit the invention.
Regarding claim 44, Jeong teaches all of the elements of the current invention as stated above with respect to claim 29. Jeong further teaches wherein the device comprises a plurality of flow paths (Fig. 1 and “Result and Discussion”, distribution channels are connecting to parallel flow paths).
Response to Arguments
Applicant’s arguments, see p. 8, filed 8/10/2026, with respect to Specification have been fully considered and are persuasive. The objection to the specification of 03/02/2023 has been withdrawn.
Applicant's arguments, see p. 8, filed 8/10/2026, with respect to the rejection under 102(a)(1) have been fully considered but they are not persuasive. The teachings of Jeong discloses a single oil inlet as discuss with the mapping shown above in the 102(a)(1) rejection above. Furthermore, as noted in the 35 U.S.C. 102 section above, the teachings of Jeong can be mapped to teach a single sample inlet (the inlet of water shown in Fig. 1C of Jeong) and a single reagent inlet (the inlet of gas shown in in Fig. 1C of Jeong).
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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/M.L.C./Examiner, Art Unit 1758
/MATTHEW D KRCHA/Primary Examiner, Art Unit 1796
