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.
Claim Rejections - 35 USC § 103
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 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.
1. Claims 1-8 are rejected under 35 USC 103 as being unpatentable over International Patent Application Publication No. WO2020/045551 to Fuchiwaki (cited by applicant) (using U.S. Patent Application Publication No. 2021/0170398 as an English language equivalents).
Fuchiwaki teaches an “assay device” (Title) that includes a microflow passage (“microfluidic channel”) and “a housing space 4 capable of housing the first absorbing porous medium 2. The housing space 4 is formed to continue to the separating space 3 in the flow direction.” [0048], [0042]
Fuchiwaki further teaches “a separating space wall 9 that defines the separating space 3 in cooperation with the first absorbing porous medium 2.” [0047]
In Fuchiwaki the separating space wall 9 together with the porous medium for absorption 2 demarcates a separation space 3. The separation space wall 9 has a top part 9a and a bottom part 9b that respectively demarcate the separation space 3 on both sides in the height direction. [0047], [0048]
A guide wall 10 is provided in the containment space 4 that protruded toward one side in the flow direction from the bottom part 9b of the separation space wall 9. [0048]
The guide wall 10 contacts the porous medium for absorption 2 in the height direction and one of the top part 9a and the bottom part 9b of the separating space wall 9, and the guide wall 10, are formed so as to separate in the height direction from a microflow path 1 going from another side toward the one side in the flow direction. [0047], [0048]
Fuchiwaki teaches that “The guide wall 10 abuts the first absorbing porous medium 2 in the height direction. The bottom portion 9b of the separating space wall 9 and the guide wall 10, and inclines to be apart from the microflow passage 1 in the height direction from the other side to the one side in the flow direction.” [0048].
Fuchiwaki does not teach a lower member being an integrally molded article that defines a lower portion of the microfluidic channel in the height direction, a lower portion of the separating space in the height direction, and a lower portion of the housing space in the height direction.
Fuchiwaki teaches that the assay device is made from a plurality of layers S1-S11 as shown in Fig. 1.
It would have been obvious to one of ordinary skill in the art to modify Fuchiwaki to form the lower portion of assay device to define a lower portion of the microflow passage in the height direction, a lower portion of the separating space in the height direction, and a lower portion of the housing space in the height direction as a matter of design choice. Note, it has been held that the use of a one piece construction instead of a prior art multi-piece structure would be merely a matter of obvious engineering choice. (MPEP 2144.04(V)(B)).
I.) Regarding applicant’s claim 1, as noted above Fuchiwaki teaches and otherwise renders obvious all the limitations of claim 1.
Therefore, Fuchiwaki renders claim 1 obvious.
II.) Regarding applicant’s claim 2, as noted above Fuchiwaki renders claim 1 obvious from which claim 2 depends.
Claim 2 recites: an inlet disposed in another end of the microfluidic channel on the other side in the flow direction, the inlet allowing the liquid to be supplied to the microfluidic channel; and an inflow channel allowing the microfluidic channel and the inlet to communicate with each other in the flow direction, wherein the lower member defines a circumferential edge portion of the inlet, and the inflow channel is defined to penetrate through the circumferential edge portion of the inlet in the lower member.
Fuchiwaki teaches that “inlet 5 is formed to include three through sections 5a, 5b, 5c, which penetrate through the top-side casing layer S1, the top-side cavity layer S2, and the top-side core layer S3 in the height direction, respectively.” [0076]
Any of sections 5b and 5c can be interpreted as a lower member that defines a circumferential edge portion of the inlet, and the inflow channel is defined to penetrate through the circumferential edge portion of the inlet in the lower member.
Therefore, Fuchiwaki renders claim 2 obvious.
III.) Regarding applicant’s claim 3, as noted above Fuchiwaki renders claim 2 obvious from which claim 3 depends.
Claim 3 recites two parallel ventilation passages, each of the two parallel ventilation passages being adjacent to one of side edges of the microfluidic channel in a width direction, the two parallel ventilation passages communicating with the microfluidic channel to allow air circulation; and two passage side walls, each of the two passage side walls protruding along a part of one of the side edges of the microfluidic channel from the circumferential edge portion of the inlet in the flow direction, wherein the lower member defines the two passage side walls, and a height of the two passage side walls coincides with a height of the microfluidic channel.
Fuchiwaki teaches two parallel ventilation spaces 3c that read on applicant’s parallel ventilation passages, and two passage side walls (in sections 6a, 6b and/or 6c) that protrude along a part of one of the side edges of the microfluidic channel from the circumferential edge portion of the inlet in the flow direction, wherein the lower member (as modified above to be an integral structure) defines the two passage side walls, and a height of the two passage side walls coincides with a height of the microfluidic channel. [0055], [0056], Fig. 1
Therefore, Fuchiwaki renders claim 3 obvious.
IV.) Regarding applicant’s claim 4, as noted above Fuchiwaki renders claim 3 obvious from which claim 4 depends.
Claim 4 recites that the lower member defines outer side portions of the two parallel ventilation passages in the width direction, and both outer side portions of the separating space in the width direction.
As noted above, Fuchiwaki teaches two parallel ventilation spaces that read on applicant’s parallel ventilation passages, which define the outer side portions of the separating space 3. (Fig. 1)
Therefore, Fuchiwaki renders claim 4 obvious.
V.) Regarding applicant’s claim 5, as noted above Fuchiwaki renders claim 4 obvious from which claim 5 depends.
Claim 5 recites that the absorbing porous medium is in contact with the outer side portion in the flow direction.
In Fuchiwaki the porous medium for absorption 2 is in contact with the outer side portions of the ventilation spaces as can be seen in Fig. 1.
Therefore, Fuchiwaki renders claim 5 obvious.
VI.) Regarding applicant’s claim 6, as noted above Fuchiwaki renders claim 1 obvious from which claim 6 depends.
Claim 6 recites that the housing space comprises a first housing space positioned on one side in the flow direction of the liquid and a second housing space positioned on another side in the flow direction of the liquid; the lower portion of the first housing space is inclined; and the lower portion of the second housing space is formed to be recessed downward in the height direction from the lower portion of the first housing space.
Fuchiwaki teaches a first absorbing porous medium 2 and a second absorbing porous medium 15 that are located in housing sections 4c and 4f. (Fig. 1) The housing section housing absorbing porous medium 2 in inclined as shown in Fig. 3.
Therefore, Fuchiwaki renders claim 6 obvious.
VII.) Regarding applicant’s claim 7, as noted above Fuchiwaki renders claim 6 obvious from which claim 7 depends.
Claim 7 recites that the absorbing porous medium comprises a first absorbing porous medium and a second absorbing porous medium; the second absorbing porous medium is positioned at the second housing space in contact with the lower portion of the second housing space; a portion of the first absorbing porous medium on one side in the flow direction of the liquid is positioned at the second housing space in contact with the second absorbing porous medium and a portion of the first absorbing porous medium on another side in the flow direction of the liquid is positioned at the first housing space.
As noted above, Fuchiwaki teaches a first absorbing porous medium 2 and a second absorbing porous medium 15 that are located in housing sections 4c and 4f. The first absorbing porous medium 2 is in contact with the second absorbing porous medium as shown in Fig. 3.
Therefore, Fuchiwaki renders claim 7 obvious.
VIII.) Regarding applicant’s claim 8, as noted above Fuchiwaki renders claim 7 obvious from which claim 8 depends.
Claim 8 recites that another side in the flow direction of the liquid of the second absorbing porous medium is in contact with the lower member.
As noted above, Fuchiwaki teaches a first absorbing porous medium 2 and a second absorbing porous medium 15 that are located in housing sections 4c and 4f. As shown in Fig. 3, the second porous medium would be in contact with the lower member in Fuchiwaki.
Therefore Fuchiwaki renders claim 8 obvious.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Japanese Patent Application Publication No. JP2007170840 to Fujimura et al teaches an analysis device that includes two porous bodies.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL S. GZYBOWSKI whose telephone number is (571)270-3487. The examiner can normally be reached M-F 8:30-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To sched ule 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, Charles Capozzi can be reached at 571-270-3638. 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.
/M.S.G./Examiner, Art Unit 1798
/CHARLES CAPOZZI/Supervisory Patent Examiner, Art Unit 1798