DETAILED ACTION
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 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.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/15/2023, 05/07/2024, and 11/26/2024 follows the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Status
Claims 8, 22-23, 25-28, 32, 35-37 are cancelled. Claims 1-7, 9-21, 24, 29-31, 33-34 and 38-53 are pending.
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 1-2, 4-7, 9-11, 13-21, 24, 29-31, 33-34, 38-45, 47, and 49-51 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by HU et al. hereinafter Hu (CN 111979122 B).
With respect to claim 1, Hu discloses a method of simultaneously sonicating multiple samples consistently with a single acoustic source using strategically positioned acoustic energy redirectors comprising reflectors, refractors, scatterers, and/or energy distributors (For simultaneous sonicating see Figures 1 & 2, para. [0003], [0052], [0073]. For single acoustic source, see paragraphs [0009], [0036], [0049], [0073]. The vertical and horizontal plates of the test tube holder (4) and the tooth-shaped concentrator (2) are disclosed to be acoustic reflectors, para. [0014], [0015], [0053], [0055]).
With respect to claim 2, Hu discloses the method of claim 1, wherein the samples are biological in nature (See paragraphs [0001], [0032], [0060], [0067], [0069]).
With respect to claim 4, Hu discloses the method of claim 1, wherein the acoustic source is a bath sonicator, cup horn sonicator, focused sonicator, or other induced or natural force field (Various types of sonicator are contemplated, para. [0034], [0051]) and Figs. 1 & 2 show a focused sonicator).
With respect to claim 5, Hu discloses the method of claim 1, wherein the frequency of the acoustic source ranges from 1 kHz to 100 MHz (The ultrasonic transducer has an operating frequency of 16 kHz to 10 MHz, para. [0044]. The operating frequency of the ultrasonic transducer can be selected according to the demand, for example, a frequency of 20 kHz to 3 MHz may be selected, para. [0045]).
With respect to claim 6, Hu discloses the method of claim 1, wherein the samples are arranged in a rectangular or circular pattern, or other two-dimensional or three-dimensional geometries (2D or 3D) that may be relevant for biological, chemical, or industrial applications (The samples may be arranged in columns and rows and may have a rectangular pattern, para. [0050], [0052], [0059]). A 3x3 pattern is shown in Figure 1.).
With respect to claim 7, Hu discloses the method of claim 1, wherein the samples are loaded in a 96, 384, 1536, or other SBS-standard or non-standard microplate/PCR plate (The test tube holder (4) and the sample tubes (5) together define a nonstandard microplate, para. [0054] - [0059]; Fig. 2).
With respect to claim 9, Hu discloses the method of claim 1, wherein the acoustic energy redirectors are solid, hollow, semi-hollow, or designed with a consistent or non-replicating internal structural pattern in terms of composition (The vertical and horizontal plates of the test tube holder (4) and the tooth-shaped concentrator (2) are solid structures, paragraphs [0014], [0015], [0053], [0055]; Figure 2).
With respect to claim 10, Hu discloses the method of claim 1, wherein the acoustic energy redirectors are composed of metal, plastic, glass, any type of polymer, rubber, silicone, ceramics, or crystals (The vertical and horizontal plates of the test tube holder (4) and the tooth-shaped concentrator (2) would almost certainly be formed from one of the broadly recited listed materials, See paragraphs [0014], [0015], [0053], [0055]; Figure 2).
With respect to claim 11, Hu discloses the method of claim 1, wherein the acoustic energy redirectors are discrete objects or a continuous singular object (The vertical and horizontal plates of the test tube holder (4) define a singular object (i.e., the test tube holder (4)) and the tooth-shaped concentrator (2) is a continuous singular object defined by a plurality of teeth (each of which is a discrete object when considered alone), See paragraphs [0014], [0015], [0053], [0055]; Figure 2).
With respect to claim 13, Hu discloses the method of claim 1, wherein the acoustic energy redirectors are arranged outside of a perimeter of a sample array or between samples in a sample array, such that the acoustic field energy specific to the sonication device is redirected towards the samples (The vertical and horizontal plates of the test tube holder (4) are arranged outside of a perimeter of the sample array, while the teeth of the and the tooth- shaped concentrator (2) are disposed between samples of the sample array, such that field energy specific to the sonication device is redirected towards the samples, See paragraphs [0060], [0068], [0069]; Figure 2).
With respect to claim 14, Hu discloses the method of claim 1, wherein the acoustic energy directors are arranged in a pattern determined computationally through finite element analysis (The number, and the size and shape of the teeth of the tooth-shaped concentrator is determined according to the actual demand, See paragraph [0069]).
With respect to claim 15, Hu discloses the method of claim 1, wherein the acoustic energy redirectors affect the load on the sonication devices such that the device transduces energy more closely to design requirements and therefore more effectively and efficiently (The vertical and horizontal plates of the test tube holder (4) and the tooth-shaped concentrator (2)improve the utilization of acoustic energy, thereby affecting the load on the sonication device and leading to more effective and efficient sonication, See paragraphs [0020], [0030], [0060]).
With respect to claim 16, Hu discloses the 16. The method of claim 1, wherein the acoustic energy redirectors are integrated into a rack designed to hold and position the samples (The vertical and horizontal plates of the test tube holder (4) are integrated into the test tube holder (4), which is designed to hold and position the samples disposed in the sample tubes (5), See paragraphs [0053], [0055] - [0059]; Figures 1 & 2).
With respect to claim 17, Hu discloses the method of claim 16, wherein the rack is configured to hold individual sample tubes, strips of tubes, 2D arrays of tubes, microplates, PCR plates, automation compatible plates, and skirted, semi-skirted and unskirted plates (The test tube holder (4) is configured to hold individual sample tubes (5) or 2D arrays of sample tubes (5), See paragraphs [0054] - [0059]; Figure 2).
With respect to claim 18, Hu discloses the method of claim 16, wherein the rack has regions designed for the end effector of a liquid handling robot or any other type of automation system (The vertical plates of the test tube holder (4) are spaced apart from the walls of the sample processing tank (3), thereby providing a region allowing for manipulation by an end effector of an automation system, See paragraphs [0053], [0055] - [0059]; Figure 2).
With respect to claim 19, Hu discloses the method of claim 16, wherein the rack is configured to hold plastic tubes, metal tubes, and glass tubes (The test tube holder (4) is configured to hold sample tubes (5), including test tubes, centrifuge tubes and the like, which comprise plastic tubes, metal tubes, and/or glass tubes, See paragraphs [0061], [0063]; Figure 2).
With respect to claim 20, Hu discloses an acoustic energy redirector or rack for use in the method of claim 1 (The vertical and horizontal plates of the test tube holder (4) and the tooth-shaped concentrator (2) are disclosed to be acoustic energy redirectors and/or racks, See paragraphs [0014], [0015], [0053], [0055]).
With respect to claim 21, Hu discloses a method of simultaneously sonicating multiple samples consistently with a single acoustic source using a load on or in the samples to (For simultaneous sonicating see Figures 1 &2; paragraphs [0003], [0052], [0073]. For single acoustic source, see paragraphs [0009], [0036], [0049], [0073]. The vertical and horizontal plates of the test tube holder (4) and the tooth-shaped concentrator (2) are disclosed to be acoustic loads, See paragraphs [0014], [0015], [0053], [0055]):
a. match the optimum load input of the sonication device (The length of the tooth-shaped concentrator (2) (length of the plate-shaped portion), and the number and size of the teeth can be adjusted according to the actual needs, and the number, size, arrangement and operating frequency of the ultrasonic transducer (1) can also be selected according to the actual needs, See paragraphs [0051], [0069]); and/or
b. reduce or optimize the energy leakage in the form of vibrations (The vertical and horizontal plates of the test-tube holder (4) and the tooth-shaped concentrator (2) improve the utilization of acoustic energy, thereby reducing energy leakage and affecting the load on the sonication device, thus leading to more effective and efficient sonication, See paragraphs [0020], [0030], [0060]).
With respect to claim 24, Hu discloses the method of claim 21, wherein the acoustic source is a bath sonicator, cup horn sonicator, or focused sonicator (Various types of sonicators are contemplated, see paragraphs [0034], [0051]; Figures 1 & 2 show a focused sonicator.)
With respect to claim 29, Hu discloses the method of claim 21, wherein the load is an object that is partially or wholly submerged in the sonication device bath, such that the total load on the device is affected (The sample processing tank (3) is filled with water, with the vertical and horizontal plates of the test tube holder (4) and the tooth-shaped concentrator (2) being partially or wholly submerged therein, See paragraphs [0067], [0069]).
With respect to claim 30, Hu discloses the method of claim 21, wherein the load is a weighted object that is placed on top of the samples (The sample in the sample container tube 5 is a liquid, and the liquid level is no higher than the vertical height of the tooth groove, see para. 21).
With respect to claim 31, Hu discloses the method of claim 30, wherein the load is distributed across a portion of or all of the samples (sample placed in the sample container. see para. 0076).
With respect to claim 33, Hu discloses the method of claim 31, wherein the load is distributed across the center portion of the samples, the outer portion of the samples, across a band of samples in the middle, or across alternating samples in any multiple or pattern (The sample in the sample container tube 5 is a liquid, and the liquid level is no higher than the vertical height of the tooth groove, see para. 21).
With respect to claim 34, Hu discloses the method of claim 21, wherein the load is a lid, integrated with a sample rack that provides a clamping force on the vessels (the plate-shaped part is fixedly connected to the inner bottom surface of the sample processing tank 3, see para. [0047]).
With respect to claim 38, Hu discloses a load or carrier for use in the method of claim 21 (The vertical and horizontal plates of the test tube holder (4) and the tooth-shaped concentrator (2) are disclosed to be acoustic loads, See paragraphs [0014], [0015], [0053], [0055])).
With respect to claim 39, Hu discloses acarrier for holding a plurality of samples in a sonicator (A sample processing tank (3), a test tube holder (4) and a tooth-shaped concentrator (2) define a carrier for holding a plurality of samples disposed in a plurality of sample tubes (5), See paragraphs [0014], [0015], [0053], [0055]), the carrier comprising: a base configured to hold the plurality of samples (The test tube holder (4) portion of the carrier comprises a base (i.e., a horizontal plate) configured to hold the plurality of samples disposed in the plurality of sample tubes (5), See paragraphs [0053], [0055] - [0059]; Figures 1 & 2); and one or more acoustic energy redirectors configured to redirect acoustic energy to the plurality of samples (The vertical and horizontal plates of the test tube holder (4) portion of the carrier and the tooth- shaped concentrator (2) portion of the carrier are disclosed to be acoustic energy reflectors configured to redirect acoustic energy to the plurality of samples, See paragraphs [0014], [0015], [0053], [0055]).
With respect to claim 40, Hu discloses the carrier of claim 39, wherein the acoustic energy redirectors extend away from the base (The vertical plates of the test tube holder (4) and the tooth-shaped concentrator (2) each extend away from the horizontal plate of the test tube holder (4) (i.e., the base), See paragraph [0056]; Figures 1 & 2).
With respect to claim 41, Hu discloses the carrier of claim 39, wherein the base is configured to receive a microplate having a plurality of wells with the plurality of samples therein (The horizontal plate of the test tube holder (4) (i.e., the base) has a plurality of spaced openings formed therein, preferably in a row by column pattern, such that it is configured to receive a microplate having a plurality of wells with the plurality of samples therein, See paragraphs [0015], [0058], [0059]; Figures 1 & 2).
With respect to claim 42, Hu discloses the carrier of claim 39, wherein the base comprises a generally planar portion having apertures therein the receive the plurality of wells (The horizontal plate of the test tube holder (4) (i.e., the base) is generally planar and has a plurality of spaced apertures formed therein, preferably in a row by column pattern, such that it is configured to receive a plurality of wells (i.e., sample tubes (5)), See paragraphs [0015], [0058], [0059]; Figures 1 & 2).
With respect to claim 43, Hu discloses the carrier of claim 39, wherein the plurality of wells extend away from a side of the generally planar portion of the base (The horizontal plate of the test tube holder (4) (i.e., the base) is generally planar and has an upper side, with the plurality of wells (i.e., sample tubes (5)) extending downwardly, away from the upper side, See paragraphs [0063] - [0065]; Figures 1 & 2).
With respect to claim 44, Hu discloses the carrier of claim 39, wherein the one or more acoustic energy redirectors extend away from the side of the generally planar portion of the base (The horizontal plate of the test tube holder (4) (i.e., the base) is generally planar and has an upper side, with the vertical plates of the test tube holder (4) and the tooth-shaped concentrator (2) each extending away from the upper side of the horizontal plate of the test tube holder (4) (i.e., the base), See paragraph [0056]; Figures 1 & 2).
With respect to claim 45, Hu discloses the carrier of claim 39, wherein the one or more acoustic energy redirectors are formed of a material that redirects acoustic energy impinged on the material (The vertical and horizontal plates of the test tube holder (4) and the tooth-shaped concentrator (2) are disclosed to be acoustic reflectors, and consequently must be formed from a material that redirects acoustic energy impinged on the material, See paragraphs [0014], [0015], [0053], [0055]).
With respect to claim 47, Hu discloses the carrier of claim 39, wherein the one or more acoustic energy redirectors are positioned adjacent an edge or a corner of the carrier (The vertical plates of the test tube holder (4) portion of the carrier are positioned adjacent to a peripheral edge of the sample processing tank (3) portion of the carrier and the tooth-shaped concentrator (2) portion of the carrier is positioned adjacent to a lower edge of the sample processing tank (3), See paragraphs [0014], [0015], [0053], [0055]).
With respect to claim 48, Hu discloses the carrier of claim 39, wherein the carrier comprises an interior region and an edge portion, and the carrier is configured to hold the plurality of samples at an interior region (The horizontal plate of the test tube holder (4) portion of the carrier is configured to hold the plurality of samples in the plurality of sample tubes (5) at an interior region. The vertical plates of the test tube holder (4) portion of the carrier are positioned adjacent to a peripheral edge of the sample processing tank (3), see Figures 1-2), and the one or more acoustic energy redirectors are positioned in the edge portion (portion of the carrier and the tooth-shaped concentrator (2) portion of the carrier is positioned adjacent to a lower edge of the sample processing tank (3). (See paragraphs [0014], [0015], [0053], [0055])).
With respect to claim 49, Hu discloses the carrier of claim 39, wherein the one or more acoustic energy redirectors are well- or cylindrically shaped (The tooth-shaped concentrator (2) defines a plurality of teeth and corresponding groove areas therebetween, which are generally well-shaped, See paragraph [0069]; Figure 2).
With respect to claim 50, Hu discloses the carrier of claim 39, wherein the one or more acoustic energy redirectors comprises a wall that extends away from the base (The vertical plates of the test tube holder (4) comprise walls that extend away from the horizontal plate of the test tube holder (4) (i.e., the base), See para. [0056]; Figures 1 & 2).
With respect to claim 51, Hu discloses the carrier of claim 39, wherein the one or more acoustic energy redirectors comprise reflectors (The vertical and horizontal plates of the test tube holder (4) portion of the carrier and the tooth- shaped concentrator (2) portion of the carrier are disclosed to be acoustic energy reflectors configured to redirect acoustic energy to the plurality of samples, See paragraphs [0014], [0015], [0053], [0055]).
With respect to claim 52, Hu discloses the carrier of claim 39, further comprising a load on the base that is configured to distribute a load on the microplate, the load being configured to reduce vibrations of the samples during sonication (the radiating surface of the ultrasonic transducer is fixedly connected to the bottom surface of the sample processing tank, so that the vibration of the ultrasonic transducer excites the vibration of the toothed energy concentrator inside the sample processing tank, para. [0041]).
Claim Rejections - 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Hu as applied to claim 1 above, and further in view of Laugharn et al. hereinafter Laugharn (US 20020009015 A1).
With respect to claim 3, Hu discloses the method of claim 1 above. Hu discloses all the claimed subject matter except the samples are inorganic, or non-biological in nature.
Laugharn invention related to the field of non-contact mixing and fluid control (Para. [0002]) discloses the samples are inorganic, or non-biological in nature (Organic and inorganic materials can be treated with controlled acoustic pulses, para. [0151]).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify Hu to treat inorganic, or non-biological samples as thought by Laugharn, because Laugharn expressly discusses that inorganic materials can be treated using controlled acoustic pulses and selecting the sample type would have been a matter of routine design choice.
Claims 12 and 46 are rejected under 35 U.S.C. 103 as being unpatentable over Hu as applied to claims 1 and 45 above, and further in view of Shen (US 6185152 B1).
With respect to claim 12, Hu discloses the method of claim 1 above. Hu further discloses the vertical and horizontal plates of the test tube holder (4) and the tooth-shaped concentrator (2) suggest be formed from one of the broadly recited listed forming methods. (See paragraphs [0014], [0015], [0053], [0055]; Figure 2)). But does not explicitly disclose the acoustic energy redirectors are 3D printed, injection molded, blow-molded, extruded, cast, or machined.
Shen invention related to the field of sound steering systems (col. 1 lines 1-5) discloses the acoustic energy redirectors are 3D printed, injection molded, blow-molded, extruded, cast, or machined (the reflectors are made from injection molded plastic, claim 5).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of the invention to form the acoustic energy redirectors of Hu using one of the manufacturing methods taught by Shen, because Hu broadly suggests that the vertical and horizontal plates of the test tube holder and the tooth-shaped concentrator may be formed using known forming methods, while Shen expressly discloses that the acoustic energy redirectors injection molded. Incorporating Shen’s disclosed forming techniques into Hu would have been a predictable use of known manufacturing methods to produce known acoustic structures, yielding predictable result.
With respect to claim 46, Hu discloses the carrier of claim 45 above. Hu is silent about the material comprises an elastomeric material or metal.
Shen discloses the material comprises an elastomeric material or metal (102 is made from plastic using any type of injection molding process, col. 7 lines 23-25).
Accordingly, it would have been obvious to one of ordinary skill in the art to form the carrier of Hu from an elastomeric material as thought by Shen, since the vertical and horizontal plates of the test tube holder and the tooth-shaped concentrator would almost certainly be formed from one of the broadly recited listed materials, making the modification a routine design choice with predictable results.
Claim 53 is rejected under 35 U.S.C. 103 as being unpatentable over Hu as applied to claim 39 above, and further in view of Newberg (US 6852288 B2).
With respect to claim 53, Hu discloses the carrier of claim 39 above. Hu is silent about the load comprises a removeable cover.
Newberg invention directed to the field of system for multiple sterile sample collection and isolation discloses the load comprises a removeable cover (Referring to Figs. 1A, 1B and 2A-2D, the device of the present invention includes a main housing 2 with an internal cavity 2a. The housing is depicted as having a removable cover plate 3 and a base plate 4, col. 4 lines 46-49).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the carrier of Hu to include a load comprising a removable cover as taught by Newberg, because Newberg expressly discloses a removable cover for enclosing and accessing a load within a housing, and such a modification would have provided the predictable benefit of facilitating access, protection, and isolation of the load without changing the fundamental operation of Hu’s carrier. The combination represents the use of a known structural feature for its intended purpose in a similar system and would have yielded predictable results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20170233718 A1 discloses a sonication device comprising: at least one removably attached sample container; a sonication plate mechanically coupled directly to a source of vibrational energy, the sonication plate containing an opening having inner walls, said inner walls including an inner mating surface articulated with one or more coupling surfaces, said opening receiving and holding the sample container, the sample container including one or more outer mating surfaces complementary to the one or more coupling surfaces on the inner mating surface, the sonication plate and the sample container constructed such that when the sample container is mated to opening, maximal vibrational energy transfer occurs from the sonication plate into the sample container.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEDEON M KIDANU whose telephone number is (571)270-0591. The examiner can normally be reached 8-4.
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/GEDEON M KIDANU/Examiner, Art Unit 2855
/KRISTINA M DEHERRERA/Supervisory Patent Examiner, Art Unit 2855 12/22/25