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 applicant regards as his invention.
Claims 1-9 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 1 is directed toward a droplet generation apparatus, but includes active process steps associated with using the apparatus, specifically: “the inner-phase fluid, the middle-phase fluid and the outer-phase fluid are broken in a gathering area; the middle-phase fluid covers the inner-phase fluid, and the outer-phase fluid covers the middle-phase fluid, so as to generate double emulsion droplets; the generated double emulsion droplets flow to the droplet outlet via the inner-phase fluid channel”. A claim which claims both an apparatus and methods steps associated with using the apparatus is generally indefinite as it creates confusion as to when direct infringement occurs. See MPEP 2173.05(p)(II). In light of the MPEP section and case law cited therein, it is concluded the scope of the claim is unclear. It is suggested language be utilized that indicate the associated features are capabilities of the system (e.g. “is configured to…”) to resolve the above issue.
As claims 2-9 depend from claim 1, they are rejected for the same issue discussed above.
Claims 1-9 refers to a flow focusing “type” droplet generation device. Per MPEP 2173.05(b)(III)(E), the addition of the word "type" to an otherwise definite expression (e.g., Friedel-Crafts catalyst) extends the scope of the expression so as to render it indefinite. Ex parte Copenhaver, 109 USPQ 118 (Bd. Pat. App. & Inter. 1955). Accordingly, the intended scope of the claim is unclear. Removal of the word “type” from the preambles of claims 1-9 is suggested.
Allowable Subject Matter
Claims 1-9 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Specifically, the closest prior art found with respect to claim 1 is Foulds (US 2016/0271610), who describes an emulsion-producing microfluidic device comprising fluid injection module, droplet generation module, drop surface solidification module, and droplet collection module (Abstract; Figures 1-11, 13A, 21 and 22). The droplet generation module contains cover plate, inner phase distribution layer, and outer-phase distribution layers (Figures 2 and 9; ¶ 64-65) and one or more droplet preparation layers are provided (Figures 2 and 9). However, Foulds fails to describe the further inclusion of a middle phase distribution layer and a droplet preparation layer that creates double emulsion droplets via middle-phase fluid channel and outer-phase fluid channel being located on both sides of the inner-phase fluid channel; the inner-phase fluid, the middle-phase fluid and the outer-phase fluid are broken in a gathering area; the middle-phase fluid covers the inner-phase fluid, and the outer-phase fluid covers the middle-phase fluid, so as to generate double emulsion droplets. Accordingly, Foulds fails to describe the apparatus/method claimed and is not seen to provide motivation to arrive at the subject matter claimed.
Xiao (CN110787846A) describes the generation of double emulsions via flow focusing structure similar to that claimed. However, Xiao fails to describe a fluid distribution functional region comprising cover plate, inner-phase distribution layer, middle-phase distribution layer, and outer-phase distribution layer. Further, Xiao is not seen to provide sufficient motivation to arrive at the subject matter claimed.
Romanowsky (US 2012/0121481 A1) is cited as descriptive of parallel microfluidic devices comprising separate distribution channel system layer and droplet generation layer (Figures 1-2). Double/multiple emulsions can be generated (¶ 126-128). However, Romanowsky fails to describe a distribution functional region comprising individual inner-phase distribution, middle-phase distribution, and out-phase distribution layers. Rather, Romanowsky is seen to suggest such phases are distributed within a same layer (Figures 1-2). Accordingly, Romanowsky fails to describe the subject matter claimed and is not seen to provide sufficient motivation to arrive at the subject matter claimed.
Conclusion
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/STEPHEN E RIETH/Primary Examiner, Art Unit 1759