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 Arguments
With respect to applicant’s arguments dated 12/05/2025, the arguments are not fully persuasive.
The claim amendments overcome the rejection under 35 USC 112 by cancelling the problematic limitations. However, with the cancellation of the limitations, the rejection under 35 USC 103 is now unnecessary and all claimed limitations in most of the claims are found in the primary reference Staton.
The applicant argues beginning on page 10 that Staton fails to disclose “the system is configured to trap the particles” and in fact “teaches away” by having a “separation region”. The examiner disagrees. The “separation region” of Staton is a dual purpose area- a jumping off point that accumulates the particles from an input flow. The input flow is narrower than the separation region, resulting in a slower flow as the particles spread but also Staton is clear that the velocity of flow in the separation region is only 2/3 of the initial flow. The slowing down of the particles would result inherently in a degree of accumulation as the particles are being separated by the optical and electric forces. The separation then follows.
The applicant continues to argue against the Lin reference which is no longer actively used in the rejection and not relevant.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 2-7, 9-11, and 13-20 are rejected under 35 U.S.C. 102 as being anticipated by Staton et al. “Pico-Force Optical Exchange (pico-FOX): Utilizing Optical Forces Applied to an Orthogonal Electrosmotic Flow for Particulate Enrichment from Mixed Sample Streams.”
With respect to claim 2, Staton et al. discloses a sample stream comprising:
A microfluidic device comprising one or more microfluidic channels configured to transport the biological or particulate sample (Page 8648, 1st column, lines 59- 2nd column, line 96)
At least one of a microfluidic junction fluidically coupled to the one or more microfluidic channels wherein the at least one microfluidic junction is configured to accumulate at least one of particles, cells, exosomes, viruses, bacteria, or molecules form the biological or particulate sample (Figure 2, microfluidic junction= centralized separation region, Page 8648, 1st column, lines 59-62, wherein because of the width of the separation region, particles are temporarily accumulated due to slowing down of flow from the narrower inlet)
An electrode configured to facilitate analysis of at least one of particles, cells, exosomes, viruses, bacteria or molecules (Page 8648, 2nd column, lines 97-106, wherein the electrode separates the particles to facilitate both imaging in the separation region and downstream analysis, Page 8649, 1st column, )
An energy source configured to generate a magnetic, acoustic, electrokinetic, or optical force upon the biological or particulate sample within the one or more fluidic channels (Page 8649, 1st column, lines 9-23)
Wherein the system is configured to trap the particles, cells, exosomes, bacteria, viruses, or molecules from the biological or particulate sample at the at least one microfluidic junction (Page 8648, 1st paragraph “the mixed sample flow rate was ~2/3 that of the other inlet’s flow rates”)
With respect to claim 3, 4, 5, 6, 7, 9, 10, 11, 13, 14, 16, and 17, Staton discloses all of the limitations as applied to claim 2 above. In addition, Staton discloses:
3-One or more microfluidic channels and the microfluidic junction provide a plurality of microfluidic pathways through which the biological or particulate sample can transit (Figure 1, Figure 2)
4- the electrode and energy source are configured to control the transit of the biological or particulate sample through the plurality of microfluidic pathways (Page 8648, 1st column, lines 44-54)
5- the system is configured to partition particles, cells, exomes, viruses, or molecules from the biological or particulate sample throughout the plurality of microfluidic pathways based on differential responses of the particles to the fluidic or electroosmotic force from the electrode and the optical force from the energy source (Page 8648, 1st column, lines 44-54)
6- the system is configured to partition particles throughout a plurality of microfluidic pathways based on refractive indexes of the particles (Page 8648, 1st column, line 10-12)
7- the system is configured to trap particles within the microfluidic junction (Page 9650, 2nd column, lines 90-96, wherein “removed...to the central inlet” = trap particles in microfluidic junction)
9- the fluidic or electroosmotic force and the optical force are applied in opposing or orthogonal directions within the one or more microfluidic channels (Page 8648, 1st column, line 47-49)
10- the energy source is an optical energy source (title)
11- the optical energy source comprises a laser (Page 8648, 1st column, lines 15-17)
13- further comprising an imaging device or spectrophotometer (Page 8649, 1st column, lines 39-42)
14-The imaging device is configured to detect light from the energy source (Figure 3, energy source illuminates particles in the junction so inherently detected in imaging device)
16- the microfluidic junction is disposed within an optical pathway of the imaging device (Figure 3)
17- the system comprises a plurality of wells, weird, microfluidic junctions or combinations thereof (Figure 2, plurality of microfluidic junctions as each inlet and outlet)
With respect to claim 18, Staton discloses a method for analyzing a particulate comprising:
Introducing a biological or particulate sample into a microfluidic device, wherein at least one of a well, a weir, or a microfluidic junction is fluidically coupled to the one or more microfluidic channels (page 8648, 2nd column, lines 82-96, Figure 2)
Applying a plurality of forces to particles, cells, exosomes, viruses, or molecules from the biological or particulate sample to partition the particles into a plurality of regions within the microfluidic device (abstract, optical and electrophoretic forces)
Wherein the well, weir, or microfluidic junction is configured to accumulate particles, cells, exomes, viruses, or molecules from the biological or particulate sample (page 8648, 2nd column, lines 82-96, Figure 2, wherein means slowing down of particles within the junction inherently leads to accumulation)
Wherein the system is configured to trap the particles, cells, exosomes, viruses, or molecules from the biological or particulate sample at the at least one microfluidic junction (Page 8649, 1st paragraph “the mixed sample flow rate was ~2/3 that of the other inlet’s flow rates”, wherein particles are trapped by the slowing down of flow)
Analyzing at least a subset of the particles (Page 8650, 1st column, lines 17-19, Figure 4)
With respect to claims 19-20, Staton discloses all of the limitations as applied to claim 1 above. In addition, Staton discloses:
19- The plurality of forces comprise an electroosmotic force and an optical force (abstract)
20- The analyzing is performed in at least two regions of the plurality of regions into which the particles are partitioned ((Page 8650, 1st column, lines 17-19, Figure 4)
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over Staton et al. “Pico-Force Optical Exchange (pico-FOX): Utilizing Optical Forces Applied to an Orthogonal Electrosmotic Flow for Particulate Enrichment from Mixed Sample Streams” in view of Schmidt et al. U.S. Patent #7,995,890.
With respect to claim 12, Staton discloses all of the limitations as applied to claim 11 above. However, Staton fails to disclose the optical energy source comprises a fiber optic probe.
Schmidt discloses a device for particle manipulation on waveguides comprising:
The optical energy source comprises a fiber optic probe (Col.8, l 24-25, l 42-44)
It would have been obvious to one of ordinary skill in the art at the time of the invention to use a fiber optic probe for the optical energy source as described in Schmidt since the fiber optic is well developed in optoelectronics and can guide light along inside the chip, being spatially efficient.
CONCLUSION
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REBECCA CAROLE BRYANT whose telephone number is (571)272-9787. The examiner can normally be reached M-F, 12-4 pm.
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/REBECCA C BRYANT/ Primary Examiner, Art Unit 2877