Prosecution Insights
Last updated: April 19, 2026
Application No. 18/269,893

DEVICES AND METHODS FOR SAMPLE PARTITIONING

Non-Final OA §102§103
Filed
Jun 27, 2023
Examiner
LIMBAUGH, KATHRYN ELIZABETH
Art Unit
1797
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Combinati Incorporated
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
3y 0m
To Grant
99%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
134 granted / 177 resolved
+10.7% vs TC avg
Strong +33% interview lift
Without
With
+33.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
29 currently pending
Career history
206
Total Applications
across all art units

Statute-Specific Performance

§101
7.0%
-33.0% vs TC avg
§103
39.4%
-0.6% vs TC avg
§102
20.1%
-19.9% vs TC avg
§112
27.8%
-12.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 177 resolved cases

Office Action

§102 §103
DETAILED ACTION 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 . 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. Claim Objections Claims 10-11 are objected to because of the following informalities: the limitation in line 2 of both claims should recite “said second plurality of chambers” for consistency with the rest of the claims. Appropriate correction is required. 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 1-7, 9, 12, 14, 16, 18-20, 24-28, 32, 39, 41, 44, 46, 48, and 50-52 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by “A multi-volume microfluidic device with no reagent loss for low-cost digital PCR application” to Si Huaqing et al. (herein Huaqing) as cited on the 6/28/2023 IDS. Regarding claim 1, Huaqing discloses a dPCR chip (i.e., a device for partitioning a sample) (see 2.1 Chip design and fabrication, 1st paragraph; Fig. 1), comprising: a plurality of big chambers (i.e., a first plurality of chambers) and a plurality of small chambers (i.e., a second plurality of chambers) (see Fig. 1), wherein: (i) said first plurality of chambers comprises 1024 first chambers; (ii) said second plurality of chambers comprises 768 second chambers ); and (iii) a first chamber of said 1024 first chambers is larger than a second chamber of said 768 chambers (i.e., the first chamber has a first volume different than a second volume of the second chamber) (see 2.1 Chip design and fabrication, 1st paragraph; Fig. 1). Regarding claims 2-3, Huaqing discloses all the limitations of claim 1 above. Huaqing discloses the ratio the first volume to the second volume is 5.06. Regarding claim 4, Huaqing discloses all the limitations of claim 2 above. Huaqing does not disclose that the device includes any moving parts (see 2.1 Chip design and fabrication; Fig. 1). Regarding claim 5, Huaqing discloses all the limitations of claim 1 above. Huaqing discloses a channel in fluid communication with said first plurality of chambers and said second plurality of chambers (see Fig. 1). Regarding claim 6, Huaqing discloses all the limitations of claim 5 above. Huaqing discloses the device comprises a cover glass configured to seal said first plurality of chambers, said second plurality of chambers, and said channel (see Fig. 1). Regarding claim 7, Huaqing discloses all the limitations of claim 6 above. Huaqing discloses the device comprises a PDMS micro-array layer (i.e., a body) comprising said channel, said first plurality of chambers, and said second plurality of chambers, and wherein said cover is fixed to said body (see Fig. 1). Regarding claim 9, Huaqing discloses all the limitations of claim 5 above. Huaqing discloses wherein said channel comprises at least two branch channels, and wherein said first plurality of chambers is disposed along a first branch channel of said at least two branches and said second plurality of chambers is disposed along a second branch of said at least two branches (see Fig. 1A). Regarding claim 12, Huaqing discloses all the limitations of claim 1 above. Huaqing discloses the total volume of the first plurality of chambers is approximately 4 microliters (see 2.1 Chip design and fabrication, 1st paragraph; Fig. 1). Regarding claim 14, Huaqing discloses all the limitations of claim 1 above. Huaqing discloses wherein a total second volume of the second plurality of chambers is approximately 0.6 microliters (see 2.1 Chip design and fabrication, 1st paragraph; Fig. 1). Regarding claim 16, Huaqing discloses all the limitations of claim 1 above. Huaqing discloses wherein a total first volume of said first plurality of chambers, approx. 4 microliters, is at least five times as large as a total second volume of said second plurality of chambers, approx. 0.6 microliters (see 2.1 Chip design and fabrication, 1st paragraph; Fig. 1). Regarding claim 18, Huaqing discloses all the limitations of claim 1 above. Huaqing discloses wherein first chambers of said first plurality of chambers comprise substantially similar volumes (see Fig. 1). Regarding claim 19, Huaqing discloses all the limitations of claim 1 above. Huaqing discloses wherein second chambers of said second plurality of chambers comprise substantially similar volumes (see Fig. 1). Regarding claim 20, Huaqing discloses all the limitations of claim 1 above. Huaqing discloses wherein said first volume is 4,000 picoliters (see Fig. 1). Regarding claim 24, Huaqing discloses all the limitations of claim 1 above. Huaqing discloses the heights (i.e., depths) of the first and second chambers are the same at 100 micrometers (see Fig. 1). Regarding claim 25, Huaqing discloses all the limitations of claim 24 above. Huaqing discloses the cross-sectional area of said first chamber is substantially different from the cross-sectional area of the second chamber as their diameters are substantially different, 225 micrometers vs. 100 micrometers (see Fig. 1). Regarding claim 26, Huaqing discloses all the limitations of claim 1 above. Huaqing discloses the device is a microfluidic device (see 2.1 Chip design and fabrication; Fig. 1). Regarding claim 27, Huaqing discloses a method of analyzing an analyte (see 2.2 Microfluidic chip operation and 2.4 Data acquisition and analysis), the method comprising: (i) providing a dPCR chip (i.e., a fluidic device) (see 2.1 Chip design and fabrication, 1st paragraph; Fig. 1), comprising: a plurality of big chambers (i.e., a first plurality of chambers) and a plurality of small chambers (i.e., a second plurality of chambers) (see Fig. 1), wherein: (i) said first plurality of chambers comprises 1024 first chambers; (ii) said second plurality of chambers comprises 768 second chambers ); and (iii) a first chamber of said 1024 first chambers is larger than a second chamber of said 768 chambers (i.e., the first chamber has a first volume different than a second volume of the second chamber) (see 2.1 Chip design and fabrication, 1st paragraph; Fig. 1); (ii) dispensing a sample into an inlet of the fluidic device to said first chamber and said second chamber for determining nucleic acid concentration (i.e., analyte) (see 2.2 Microfluidic chip operation and 2.4 Data acquisition and analysis; Figs. 2-3); and detecting said analyte in said first chamber and said second chamber (see 2.4 Data acquisition and analysis). Regarding claim 28, Huaqing discloses all the limitations of claim 27 above. Huaqing discloses wherein said first volume provides a lower limit of fluorescence detection of said analyte in said first chamber that is lower than a second lower limit of fluorescence of said analyte in said second chamber provided by said second volume (see Fig. 4B-C). Regarding claim 32, Huaqing discloses all the limitations of claim 27 above. Huaqing discloses wherein said volume provides a first working range of detection of said analyte in said first chamber that is different than a second working range of detection of said analyte in said second chamber provided by said second volume (see 3.1 Effect of multi-volume design on dynamic range of dPCR chip; Fig. 4). Regarding claim 33, Huaqing discloses all the limitations of claim 27 above. Huaqing discloses that due to the multi-volume design of the dPCR chip a wide range of analyte concentration detection is possible and wherein samples with large concentration differences can be handled on a single chip (see 3.1 Effect of multi-volume design on dynamic range of dPCR Chip). Therefore, Huaqing discloses that due to the first volume and second volumes of the first and second chambers, analysis of a first analyte concentration and second analyte concentration can be determined on the same dPCR chip. Regarding claims 34-35, Huaqing discloses all the limitations of claim 27 above. Huaqing discloses the ratio the first volume to the second volume is 5.06. Regarding claim 36, Huaqing discloses all the limitations of claim 27 above. Huaqing does not disclose that the device includes any moving parts (see 2.1 Chip design and fabrication; Fig. 1). Regarding claim 37, Huaqing discloses all the limitations of claim 27 above. Huaqing discloses a channel in fluid communication with said first plurality of chambers and said second plurality of chambers (see Fig. 1) and the fluidic sample is directed from said channel to said first chamber and said second chamber (see Fig. 3). Regarding claim 38, Huaqing discloses all the limitations of claim 37 above. Huaqing discloses the device comprises a cover glass configured to seal said first plurality of chambers, said second plurality of chambers, and said channel (see Fig. 1). Regarding claim 39, Huaqing discloses all the limitations of claim 38 above. Huaqing discloses the device comprises a PDMS micro-array layer (i.e., a body) comprising said channel, said first plurality of chambers, and said second plurality of chambers, and wherein said cover is fixed to said body (see Fig. 1). Regarding claim 41, Huaqing discloses all the limitations of claim 37 above. Huaqing discloses wherein said channel comprises at least two branch channels, and wherein said first plurality of chambers is disposed along a first branch channel of said at least two branches and said second plurality of chambers is disposed along a second branch of said at least two branches (see Fig. 1A). Regarding claim 44, Huaqing discloses all the limitations of claim 27 above. Huaqing discloses the total volume of the first plurality of chambers is approximately 4 microliters (see 2.1 Chip design and fabrication, 1st paragraph; Fig. 1). Regarding claim 46, Huaqing discloses all the limitations of claim 27 above. Huaqing discloses wherein a total second volume of the second plurality of chambers is approximately 0.6 microliters (see 2.1 Chip design and fabrication, 1st paragraph; Fig. 1). Regarding claim 48, Huaqing discloses all the limitations of claim 27 above. Huaqing discloses wherein a total first volume of said first plurality of chambers, approx. 4 microliters, is at least five times as large as a total second volume of said second plurality of chambers, approx. 0.6 microliters (see 2.1 Chip design and fabrication, 1st paragraph; Fig. 1). Regarding claim 50, Huaqing discloses all the limitations of claim 27 above. Huaqing discloses wherein first chambers of said first plurality of chambers comprise substantially similar volumes (see Fig. 1). Regarding claim 51, Huaqing discloses all the limitations of claim 27 above. Huaqing discloses wherein second chambers of said second plurality of chambers comprise substantially similar volumes (see Fig. 1). Regarding claim 52, Huaqing discloses all the limitations of claim 27 above. Huaqing discloses wherein said first volume is 4,000 picoliters (see Fig. 1). 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. Claims 8, 10-11, 13, 15, 17, 21-23, 29-31, 40, 42-43, 45, 47, 49, and 53-55 are rejected under 35 U.S.C. 103 as being unpatentable over by “A multi-volume microfluidic device with no reagent loss for low-cost digital PCR application” to Si Huaqing et al. (herein Huaqing) as cited on the 6/28/2023 IDS. Regarding claim 8, Huaqing discloses all the limitations of claim 5 above. Huaqing fails to disclose “wherein said second plurality of chambers is in fluid communication with said channel upstream of said first plurality of chambers” as recited in the instant claim. Per MPEP 2144.04 VI. C. Rearrangement of Parts the particular placement of a given device component is considered an obvious matter of design choice absent evidence that shifting the placement would modify the operation of the device. In the instance of the instant application the device is designed to partition a sample, same as the device of primary reference Huaqing. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to place the second plurality of chambers in fluid communication with said channel upstream of said first plurality of chambers as desired for fluid flow and separation. Regarding claim 10, Huaqing discloses all the limitations of claim 1 above. Huaqing discloses wherein said first plurality of chambers comprises at least about 1,000 first chambers (see 2.1 Chip design and fabrication, 1st paragraph), however fails to disclose “wherein said second plurality of chamber comprises at least about 1,000 second chambers” as recited in the instant claim. Per MPEP 2144.04 VI. B. Duplication of Parts the court has held that mere duplication of parts has no patentable significance unless a new or unexpected result is produced. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have at least about 1,000 second chambers or any number desired for the benefit of controlling fluid flow and separation. Regarding claim 11, Huaqing discloses all the limitations of claim 10 above. Huaqing fails to disclose “wherein said first plurality of chambers comprises at least about 5,000 first chambers and wherein said second plurality of chamber comprises at least about 5,000 second chambers” as recited in the instant claim. Per MPEP 2144.04 VI. B. Duplication of Parts the court has held that mere duplication of parts has no patentable significance unless a new or unexpected result is produced. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have at least about 5,000 first and second chambers or any number desired for the benefit of controlling fluid flow and separation. Regarding claim 13, Huaqing discloses all the limitations of claim 1 above. Huaqing fails to disclose “wherein a total first volume of said first plurality of chambers is greater than or equal to about 10 µL” as recited in the instant claim. Per MPEP 2144.04 IV. A. Changes in Size/Proportion the courts have held that, where the only difference between the prior art and the claims was a recitation of relative dimensions (i.e., total first volume in this instance) of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date for the total first volume of said first plurality of chambers to be greater than or equal to about 10 microliters for the benefit of controlling fluid flow and separation as both the prior art and instant invention are drawn to devices for partitioning a sample. Regarding claim 15, Huaqing discloses all the limitations of claim 1 above. Huaqing fails to disclose “wherein a total volume of said second plurality of chambers is greater than or equal to about 1 µL” as recited in the instant claim. Per MPEP 2144.04 IV. A. Changes in Size/Proportion the courts have held that, where the only difference between the prior art and the claims was a recitation of relative dimensions (i.e., total volume in this instance) of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date for the total volume of said second plurality of chambers to be greater than or equal to about 1 microliters for the benefit of controlling fluid flow and separation as both the prior art and instant invention are drawn to devices for partitioning a sample. Regarding claim 17, Huaqing discloses all the limitations of claim 16 above. Huaqing fails to disclose “wherein said first total volume is at least ten times as large as said total second volume” as recited in the instant claim. Per MPEP 2144.04 IV. A. Changes in Size/Proportion the courts have held that, where the only difference between the prior art and the claims was a recitation of relative dimensions (i.e., total volume in this instance) of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date for the total first volume to be at least ten times as large as said total second volume for the benefit of controlling fluid flow and separation as both the prior art and instant invention are drawn to devices for partitioning a sample. Regarding claim 21, Huaqing discloses all the limitations of claim 20 above. Huaqing fails to disclose “wherein said first volume is greater than or equal to about 100 picoliters (pL)” as recited in the instant claim. Per MPEP 2144.04 IV. A. Changes in Size/Proportion the courts have held that, where the only difference between the prior art and the claims was a recitation of relative dimensions (i.e., first volume in this instance) of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date for the first volume to be less than or equal to about 1000 pL for the benefit of controlling fluid flow and separation as both the prior art and instant invention are drawn to devices for partitioning a sample. Regarding claims 22-23, Huaqing discloses all the limitations of claim 1 above. Huaqing fails to disclose wherein said second volume is between 25 to 250 pL as recited in the instant claims. Per MPEP 2144.04 IV. A. Changes in Size/Proportion the courts have held that, where the only difference between the prior art and the claims was a recitation of relative dimensions (i.e., second volume in this instance) of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date for the second volume to be between 25 to 250 pL for the benefit of controlling fluid flow and separation as both the prior art and instant invention are drawn to devices for partitioning a sample. Regarding claim 29, Huaqing discloses all the limitations of claim 28 above. Huaqing fails to explicitly disclose “wherein said first volume provides an upper limit of detection of said analyte in said first chamber that is lower than a second lower limit of detection of said analyte in said second chamber provided said second volume”, however, Huaqing discloses that fluorescent intensity (i.e., limit of detection) can be determined by chamber volume, placement, and number of chambers (see 3.1 Effect of multi-volume design on dynamic range of dPCR chip and 3.3 Uniformity analysis of the dPCR chip). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date for the first volume to provide an upper limit of detection of said analyte in said first chamber that is lower than a second lower limit of detection of said analyte in said second chamber provided said second volume for the benefit of achieving desired detection range (see 3.1 Effect of multi-volume design on dynamic range of dPCR chip). Regarding claims 30-31, Huaqing discloses all the limitations of claim 28 above. Huaqing fails to disclose the method “further comprising detecting said analyte at a concentration at or above said first lower limit of detection and below said second lower limit of detection” or “further comprising detecting said analyte at a concentration above said first upper detection limit and below said second upper detection limit” as recited in the instant claims. However, Huaqing discloses the dPCR chip can be used to detect a wide range of analyte concentrations (see Fig. 6) and that fluorescent intensity (i.e., limit of detection) can be determined by chamber volume, placement, and number of chambers (see 3.1 Effect of multi-volume design on dynamic range of dPCR chip and 3.3 Uniformity analysis of the dPCR chip). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date for the method to further comprise detecting said analyte at a concentration at or above said first lower limit of detection and below said second lower limit of detection and/or further comprise detecting said analyte at a concentration above said first upper detection limit and below said second upper detection limit for the benefit of achieving desired concentration detection range (see 3.1 Effect of multi-volume design on dynamic range of dPCR chip). Regarding claim 40, Huaqing discloses all the limitations of claim 37 above. Huaqing fails to disclose “wherein said second plurality of chambers is in fluid communication with said channel upstream of said first plurality of chambers” as recited in the instant claim. Per MPEP 2144.04 VI. C. Rearrangement of Parts the particular placement of a given device component is considered an obvious matter of design choice absent evidence that shifting the placement would modify the operation of the device. In the instance of the instant application the device is designed to partition a sample, same as the device of primary reference Huaqing. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to place the second plurality of chambers in fluid communication with said channel upstream of said first plurality of chambers as desired for fluid flow and separation. Regarding claim 42, Huaqing discloses all the limitations of claim 27 above. Huaqing discloses wherein said first plurality of chambers comprises at least about 1,000 first chambers (see 2.1 Chip design and fabrication, 1st paragraph), however fails to disclose “wherein said second plurality of chamber comprises at least about 1,000 second chambers” as recited in the instant claim. Per MPEP 2144.04 VI. B. Duplication of Parts the court has held that mere duplication of parts has no patentable significance unless a new or unexpected result is produced. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have at least about 1,000 second chambers or any number desired for the benefit of controlling fluid flow and separation. Regarding claim 43, Huaqing discloses all the limitations of claim 42 above. Huaqing fails to disclose “wherein said first plurality of chambers comprises at least about 5,000 first chambers and wherein said second plurality of chamber comprises at least about 5,000 second chambers” as recited in the instant claim. Per MPEP 2144.04 VI. B. Duplication of Parts the court has held that mere duplication of parts has no patentable significance unless a new or unexpected result is produced. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have at least about 5,000 first and second chambers or any number desired for the benefit of controlling fluid flow and separation. Regarding claim 45, Huaqing discloses all the limitations of claim 27 above. Huaqing fails to disclose “wherein a total first volume of said first plurality of chambers is greater than or equal to about 10 µL” as recited in the instant claim. Per MPEP 2144.04 IV. A. Changes in Size/Proportion the courts have held that, where the only difference between the prior art and the claims was a recitation of relative dimensions (i.e., total first volume in this instance) of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date for the total first volume of said first plurality of chambers to be greater than or equal to about 10 microliters for the benefit of controlling fluid flow and separation as both the prior art and instant invention are drawn to devices for partitioning a sample. Regarding claim 47, Huaqing discloses all the limitations of claim 27 above. Huaqing fails to disclose “wherein a total volume of said second plurality of chambers is greater than or equal to about 1 µL” as recited in the instant claim. Per MPEP 2144.04 IV. A. Changes in Size/Proportion the courts have held that, where the only difference between the prior art and the claims was a recitation of relative dimensions (i.e., total volume in this instance) of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date for the total volume of said second plurality of chambers to be greater than or equal to about 1 microliters for the benefit of controlling fluid flow and separation as both the prior art and instant invention are drawn to devices for partitioning a sample. Regarding claim 49, Huaqing discloses all the limitations of claim 48 above. Huaqing fails to disclose “wherein said first total volume is at least ten times as large as said total second volume” as recited in the instant claim. Per MPEP 2144.04 IV. A. Changes in Size/Proportion the courts have held that, where the only difference between the prior art and the claims was a recitation of relative dimensions (i.e., total volume in this instance) of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date for the total first volume to be at least ten times as large as said total second volume for the benefit of controlling fluid flow and separation as both the prior art and instant invention are drawn to devices for partitioning a sample. Regarding claim 53, Huaqing discloses all the limitations of claim 52 above. Huaqing fails to disclose “wherein said first volume is greater than or equal to about 100 picoliters (pL)” as recited in the instant claim. Per MPEP 2144.04 IV. A. Changes in Size/Proportion the courts have held that, where the only difference between the prior art and the claims was a recitation of relative dimensions (i.e., first volume in this instance) of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date for the first volume to be less than or equal to about 1000 pL for the benefit of controlling fluid flow and separation as both the prior art and instant invention are drawn to devices for partitioning a sample. Regarding claims 54-55, Huaqing discloses all the limitations of claim 27 above. Huaqing fails to disclose wherein said second volume is between 25 to 250 pL as recited in the instant claims. Per MPEP 2144.04 IV. A. Changes in Size/Proportion the courts have held that, where the only difference between the prior art and the claims was a recitation of relative dimensions (i.e., second volume in this instance) of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date for the second volume to be between 25 to 250 pL for the benefit of controlling fluid flow and separation as both the prior art and instant invention are drawn to devices for partitioning a sample. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHRYN E LIMBAUGH whose telephone number is (571)272-0787. The examiner can normally be reached Monday-Thursday 7:00-5:00. 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, Lyle Alexander can be reached at (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. /KATHRYN ELIZABETH LIMBAUGH/Primary Examiner, Art Unit 1797
Read full office action

Prosecution Timeline

Jun 27, 2023
Application Filed
Mar 03, 2026
Non-Final Rejection — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
99%
With Interview (+33.4%)
3y 0m
Median Time to Grant
Low
PTA Risk
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