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. Drawings The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: reference (501) of Fig. 10 has not been defined in the Specification. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance . Specification The disclosure is objected to because of the following informalities: The Specification pg. 19 "… a plurality of hydrophilic wells (?) bordered by hydrophobic regions." The examiner infers that the applicant mean (9-1a-n). Appropriate correction is required. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 21-40 are rejected under 35 U.S.C. 102(a)(1) based upon a public use or sale or other public availability of the invention. The instant invention is anticipated by Efcavitch et al. (US20190344239A1) herein referred to as Efcavitch et al.'19 . Regarding Claim 21 , Efcavitch et al.'19 teaches an apparatus for synthesizing homopolymer bit encoded memory strands (See the Abstract, the method 101, the Claim 1, and the microfluidic nucleic acid memory strand synthesis device in [0047]-[0048], [0075]-[0088], [0092]-[0101] in Fig. 1-10 and Fig. 15-19), the apparatus comprising: a two-dimensional array of wells, each well modified with an oligonucleotide initiator (See the microfluidic reaction chamber 251, i.e. 2D array of well, in [0076], [0094] in Fig. 1,8, and 9 and in Claim 1); a source of template independent polymerase (See in [0068], [0075], [0080], [0093], [0113] and in Claim 1 in Fig. 1 and 8); a source of two or more blocked nucleotides (See in [0054]-[0055],[0099]-[0125] in Claim 1); a wash source (See how the couple reservoirs 253 contain reagents in [0075]-[0079] in Fig. 8); and an addressable activation energy delivery source, the addressable activation energy comprising light, pH change, or heat (See the DLP device 9-8 in [0080], [0096]-[0099], in Claims 1, 3, and 8 in Fig. 8-9 and 19). Regarding Claim(s) 22-23 , Efcavitch et al.'19 teaches the device limitations of claim 21. Efcavitch et al.'19 further teaches an apparatus for synthesizing homopolymer bit encoded memory strands (See the Abstract, the method 101, the Claim 1, and the microfluidic nucleic acid memory strand synthesis device in [0047]-[0048], [0075]-[0088], [0092]-[0101] in Fig. 1-10 and Fig. 15-19), wherein a minimum dimension of the array is at least 104; wherein a spacing between wells is less than 10 micron (See in [0080]-[0081], [0091] in Fig. 9). Note what is discussed in MPEP § 2144 IV. A. concerning changes in the size or portions of a claimed invention. In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. The current claims regarding the dimensions and spacing of wells within the apparatus, does not change the function of the claimed invention in comparison to the prior art. Regarding Claim(s) 24-25 , Efcavitch et al.'19 teaches the device limitations of claim 21. Efcavitch et al.'19 further teaches an apparatus for synthesizing homopolymer bit encoded memory strands (See the Abstract, the method 101, the Claim 1, and the microfluidic nucleic acid memory strand synthesis device in [0047]-[0048], [0075]-[0088], [0092]-[0101] in Fig. 1-10 and Fig. 15-19), wherein the array of wells is formed by patterning; wherein the array of wells is formed by patterning a hydrophobic material (See how the array of wells 9-1 are formed on a suitable substrate by patterning horizontal and vertical stripes 9-2 of hydrophobic materials to form a plurality of hydrophilic wells bordered by hydrophobic regions in [0080]-[0081], [0094]-[0097] Fig. 9 and 16-19). Regarding Claim(s) 26-31 , Efcavitch et al.'19 teaches the device limitations of claim 21. Efcavitch et al.'19 further teaches an apparatus for synthesizing homopolymer bit encoded memory strands (See the Abstract, the method 101, the Claim 1, and the microfluidic nucleic acid memory strand synthesis device in [0047]-[0048], [0075]-[0088], [0092]-[0101] in Fig. 1-10 and Fig. 15-19), wherein the oligonucleotide initiator is covalently attached (See in [0069], [0095] in Fig. 16); wherein the oligonucleotide initiator is attached in a 5'-- 3' orientation; wherein the 5'-terminus of the oligonucleotide initiator is attached to a bottom surface of the well; wherein the 5'-terminus of the oligonucleotide initiator is also attached to a side surface of the well; wherein the wells are open at a bottom; wherein the wells are closed at a bottom (See in [0063],[0095] in Fig. 7 and 16-18). Regarding Claim(s) 32-33 , Efcavitch et al.'19 teaches the device limitations of claim 21. Efcavitch et al.'19 further teaches an apparatus for synthesizing homopolymer bit encoded memory strands (See the Abstract, the method 101, the Claim 1, and the microfluidic nucleic acid memory strand synthesis device in [0047]-[0048], [0075]-[0088], [0092]-[0101] in Fig. 1-10 and Fig. 15-19), wherein the two or more blocked nucleotides comprise 3'-blocked dNTP analogs; wherein the two or more blocked nucleotides comprise an steric incorporation blocker at N6, N4, N2, or 04 of A, C, G, or T, respectively (See in [0053], [0061]-[0062], [0099], [0101]-[0124]). Regarding Claim(s) 34-40 , Efcavitch et al.'19 teaches the device limitations of claim 21. Efcavitch et al.'19 further teaches an apparatus for synthesizing homopolymer bit encoded memory strands (See the Abstract, the method 101, the Claim 1, and the microfluidic nucleic acid memory strand synthesis device in [0047]-[0048], [0075]-[0088], [0092]-[0101] in Fig. 1-10 and Fig. 15-19),wherein the addressable activation energy comprises light; wherein the addressable activation energy delivery source comprises a mechanically steerable light source (See the DLP device 9-8 in [0080], [0096]-[0099], in Claims 1, 3, and 8 in Fig. 8-9 and 19); wherein the two or more blocked nucleotides are 3'-0- (2-nitrobenzyl)-dNTPs (See in Fig 21 in [0099], [0107], [0125]); wherein the addressable activation energy delivery source provides two or more wavelengths of light (See in [0072], [0101]); wherein the addressable activation energy comprises heat; wherein the addressable activation energy delivery source comprises individually addressable heaters (See the CMOS heater in Fig 17-18 in [0080]-[0081], [0096], [0099]); wherein the two or more blocked nucleotides are 3'-0- ( tetrahydrofuranyl )-dNTPs (See in [0099], [01113]). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following prior art teaches similar devices and methods: Efcavitch et al. (US20190040459A1); Roquet et al. (US20180137418A1); Church (US9384320B2); and Church (US20170017436A1). Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT BRITNEY N WASHINGTON whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (703)756-5959 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Friday 7:00am - 3:30pm CT . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FILLIN "SPE Name?" \* MERGEFORMAT Lyle Alexander can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571) 272-1254 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. 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. /BRITNEY N. WASHINGTON/ Examiner, Art Unit 1797 /JENNIFER WECKER/ Primary Examiner, Art Unit 1797