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 § 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.
Claim(s) 1, 4-5, 7, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Kirschhoffer et al. (US20160296927A1) and Watanabe et al. (US20150139866A1).
Regarding Claim 1, Kirschhoffer et al. teaches a liquid handling device (See the Abstract, the device 100, and the sample-processing apparatus 1000 in [0032]-[0061] in Fig. 1-4f), comprising:
a first channel (See the first fluid flow pathway 195, i.e. a first channel, in [0051] in Fig. 4d-f);
a second channel (See the second fluid pathway 197, i.e. a second channel, in [0058] in Fig. 4d-f);
a third channel with one end thereof connected to one end of the first channel and to one end of the second channel (See how the processing chamber 120, i.e. a third channel, is fluidically connected to the first fluid flow pathway 195, i.e. a first channel, and the second fluid pathway 197, i.e. a second channel, in [0051], [0058], [0066] in Fig. 1-4f);
an introduction port connected to the first channel or the second channel (See the openings 131 and 141, i.e. introduction ports, in [0051], [0058] in Fig. 1-4f);
a discharge port connected to the first channel or the second channel (See the vent openings 134 and 144, i.e. discharge ports, in [0061], [0072], [0102] in Fig. 1-4f);
an introduction valve disposed in a first connection part between the introduction port and the first channel or the second channel, the first channel or the second channel being a channel to which the introduction port is connected (See the first check valve 172, i.e. an introduction valve, in [0051]-[0052], [0057], [0071], [0076] in Fig. 1-4f); and
a discharge valve disposed in a second connection part between the discharge port and the first channel or the second channel, the first channel or the second channel being a channel to which the discharge port is connected (See the second check valve 174, i.e. an introduction valve, in [0051], [0059]-[0060], [0069], [0075] in Fig. 1-4f),
wherein the third channel includes a first to-be-detected region being configured to be irradiated with light for detection of transmitted light or reflected light, the first to-be-detected region being disposed in the third channel (See how the first visual indicium 106, i.e. a first to-be-detected region, indicates a first predetermined volume of the processing chamber 120, i.e. a third channel, in [0048] in Fig. 1), and
a second to-be-detected region being configured to be irradiated with light for detection of transmitted light or reflected light, the second to-be-detected region being disposed in the third channel and closer to the one end of the third channel than the first to-be- detected region is (See how the second visual indicium 108, i.e. a second to-be-detected region, indicates a second predetermined volume of the processing chamber 120, i.e. a third channel, in [0048] in Fig. 1).
Yet, Kirschhoffer et al. fails to explicitly teach a liquid handling device, comprising: a first to-be-detected region including a roughened surface, and a second to-be-detected region including a roughened surface.
However, in the analogous art of microchips, Watanabe et al. teaches a liquid handling device (See the Abstract, the microchip 1a, in [0013]-[0054] in Fig. 1-3), a first to-be-detected region including a roughened surface, and a second to-be-detected region including a roughened surface (See how the uneven structure 7, i.e. a roughened surface, may be provided on at least one surface constituting the indication regions in [0013], [0066]-[0073] in Fig. 1-2b).
Thus, it would be obvious to one with ordinary skills in the art to modify the device of Kirschhoffer et al. by incorporating first to-be-detected region including a roughened surface, and a second to-be-detected region including a roughened surface (as taught by Watanabe et al.) for the benefit of using light to visually detect fluid changes in a channel of the device.
Regarding Claim 4, The combination of Kirschhoffer et al. and Watanabe et al. teaches the device limitations of claim 1.
Kirschhoffer et al. fails to explicitly teach a liquid handling system using a liquid handling device, comprising: a first light detection part disposed to face the first to-be-detected region; and a second light detection part disposed to face the second to-be- detected region.
However, in the analogous art of microchips, Watanabe et al. teaches a liquid handling system using a liquid handling device (See the Abstract, the microchip 1a, in [0013]-[0054] in Fig. 1-3), comprising a first light detection part disposed to face the first to-be-detected region; and a second light detection part disposed to face the second to-be- detected region (See the light transmission parts in [0047]-[0052], [0104]-[0109]).
Thus, it would be obvious to one with ordinary skills in the art to modify the system and device of Kirschhoffer et al. by incorporating a first light detection part disposed to face the first to-be-detected region and a second light detection part disposed to face the second to-be- detected region (as taught by Watanabe et al.) for the benefit of using light to visually detect fluid changes in a channel or analysis region of the device.
Regarding Claim 5, The combination of Kirschhoffer et al. and Watanabe et al. teaches the system limitations of claim 4.
Kirschhoffer et al. fails to explicitly teach a liquid handling method for weighing a liquid by using a liquid handling system, the liquid handling method comprising: performing a procedure more than once, wherein, in the procedure, a liquid is introduced from the introduction port into the third channel until a surface of the liquid is positioned at the first light detection part, and then the liquid inside the third channel and with the surface thereof at the first light detection part is moved toward the one end of the third channel so that the surface of the liquid is positioned at the second light detection part.
However, in the analogous art of microchips, Watanabe et al. teaches a liquid handling method for weighing a liquid by using a liquid handling system (See the Abstract, the microchip 1a, in [0013]-[0054] in Fig. 1-3), the liquid handling method comprising: performing a procedure more than once, wherein, in the procedure, a liquid is introduced from the introduction port into the third channel until a surface of the liquid is positioned at the first light detection part, and then the liquid inside the third channel and with the surface thereof at the first light detection part is moved toward the one end of the third channel so that the surface of the liquid is positioned at the second light detection part (See in [0007]-[0015], [0047]-[0052], [0104]-[0109] in Fig. 1-9).
Thus, it would be obvious to one with ordinary skills in the art to modify the method of Kirschhoffer et al. by incorporating the step of: performing a procedure more than once, wherein, in the procedure, a liquid is introduced from the introduction port into the third channel until a surface of the liquid is positioned at the first light detection part, and then the liquid inside the third channel and with the surface thereof at the first light detection part is moved toward the one end of the third channel so that the surface of the liquid is positioned at the second light detection part (as taught by Watanabe et al.) for the benefit of using light to visually detect fluid changes in a channel of the device.
Regarding Claim 7, The combination of Kirschhoffer et al. and Watanabe et al. teaches the device limitations of claim 2.
Kirschhoffer et al. fails to explicitly teach a liquid handling system using a liquid handling device, comprising: a first light detection part disposed to face the first to-be-detected region; and a second light detection part disposed to face the second to-be- detected region.
However, in the analogous art of microchips, Watanabe et al. teaches a liquid handling system using a liquid handling device (See the Abstract, the microchip 1a, in [0013]-[0054] in Fig. 1-3), comprising a first light detection part disposed to face the first to-be-detected region; and a second light detection part disposed to face the second to-be- detected region (See the light transmission parts in [0047]-[0052], [0104]-[0109]).
Thus, it would be obvious to one with ordinary skills in the art to modify the system and device of Kirschhoffer et al. by incorporating a first light detection part disposed to face the first to-be-detected region and a second light detection part disposed to face the second to-be- detected region (as taught by Watanabe et al.) for the benefit of using light to visually detect fluid changes in a channel or analysis region of the device.
Regarding Claim 10, The combination of Kirschhoffer et al. and Watanabe et al. teaches the system limitations of claim 7.
Kirschhoffer et al. fails to explicitly teach a liquid handling method for weighing a liquid by using a liquid handling system, the liquid handling method comprising: performing a procedure more than once, wherein, in the procedure, a liquid is introduced from the introduction port into the third channel until a surface of the liquid is positioned at the first light detection part, and then the liquid inside the third channel and with the surface thereof at the first light detection part is moved toward the one end of the third channel so that the surface of the liquid is positioned at the second light detection part.
However, in the analogous art of microchips, Watanabe et al. teaches a liquid handling method for weighing a liquid by using a liquid handling system (See the Abstract, the microchip 1a, in [0013]-[0054] in Fig. 1-3), the liquid handling method comprising: performing a procedure more than once, wherein, in the procedure, a liquid is introduced from the introduction port into the third channel until a surface of the liquid is positioned at the first light detection part, and then the liquid inside the third channel and with the surface thereof at the first light detection part is moved toward the one end of the third channel so that the surface of the liquid is positioned at the second light detection part (See in [0007]-[0015], [0047]-[0052], [0104]-[0109] in Fig. 1-9).
Thus, it would be obvious to one with ordinary skills in the art to modify the method of Kirschhoffer et al. by incorporating the step of: performing a procedure more than once, wherein, in the procedure, a liquid is introduced from the introduction port into the third channel until a surface of the liquid is positioned at the first light detection part, and then the liquid inside the third channel and with the surface thereof at the first light detection part is moved toward the one end of the third channel so that the surface of the liquid is positioned at the second light detection part (as taught by Watanabe et al.) for the benefit of using light to visually detect fluid changes in a channel of the device.
Claim(s) 2, 3, 6, 8-9, and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Kirschhoffer et al. (US20160296927A1) and Watanabe et al. (US20150139866A1) as applied to claim 1 above, and further in view of Ono et al. (US20210018104A1).
Regarding Claim 2, The combination of Kirschhoffer et al. and Watanabe et al. teaches the device limitations of claim 1.
The combination of Kirschhoffer et al. and Watanabe et al. fails to explicitly teach a liquid handling device, wherein both the introduction valve and the discharge valve are membrane valves and are disposed on one circle.
However, in the analogous art of channel chips, Ono et al. teaches a liquid handling device (See the Abstract, fluid handling device 100, and the Claim(s) 1-3 in [0039]-[0088] in Fig. 1A-7B), wherein both the introduction valve and the discharge valve are membrane valves and are disposed on one circle (See how the first film 130 functions as a diaphragm (valve body) for opening and closing the channel and how it includes four diaphragms 131a to 131d each in a substantially spherical crown shape in [0040], [0067] in Fig. 1-2B).
Thus, it would be obvious to one with ordinary skills in the art to modify the combined device of Kirschhoffer et al. and Watanabe et al. by incorporating membrane valves that are disposed on one circle (as taught by Ono et al.) for the benefit of controlling the pressure in the channels of the device.
Regarding Claim 3, The combination of Kirschhoffer et al. and Watanabe et al. teaches the device limitations of claim 1.
The combination of Kirschhoffer et al. and Watanabe et al. fails to explicitly teach a liquid handling device, a rotary membrane pump connected to the other end of the third channel.
However, in the analogous art of channel chips, Ono et al. teaches a liquid handling device (See the Abstract, fluid handling device 100, and the Claim(s) 1-3 in [0039]-[0088] in Fig. 1A-7B), further comprising, a rotary membrane pump connected to the other end of the third channel (See the rotary member 160 in [0070],[0075]-[0088] Fig. 1 and 3A. Also, see how the pressure-increasing port 1023 is an opening that can be connected to a pump for increasing the atmospheric pressure inside second housing portion 526 in [0266], [0272]).
Thus, it would be obvious to one with ordinary skills in the art to modify the combined device of Kirschhoffer et al. and Watanabe et al. by incorporating a rotary membrane pump connected to the other end of the third channel (as taught by Ono et al.) for the benefit of controlling the pressure and sample flow in the channels of the device.
Regarding Claim 6, The combination of Kirschhoffer et al. and Watanabe et al. teaches the device limitations of claim 2.
The combination of Kirschhoffer et al. and Watanabe et al. fails to explicitly teach a liquid handling device, a rotary membrane pump connected to the other end of the third channel.
However, in the analogous art of channel chips, Ono et al. teaches a liquid handling device (See the Abstract, fluid handling device 100, and the Claim(s) 1-3 in [0039]-[0088] in Fig. 1A-7B), further comprising, a rotary membrane pump connected to the other end of the third channel (See the rotary member 160 in [0070],[0075]-[0088] Fig. 1 and 3A. Also, see how the pressure-increasing port 1023 is an opening that can be connected to a pump for increasing the atmospheric pressure inside second housing portion 526 in [0266], [0272]).
Thus, it would be obvious to one with ordinary skills in the art to modify the combined device of Kirschhoffer et al. and Watanabe et al. by incorporating a rotary membrane pump connected to the other end of the third channel (as taught by Ono et al.) for the benefit of controlling the pressure and sample flow in the channels of the device.
Regarding Claim 8, The combination of Kirschhoffer et al., Watanabe et al., and Ono et al. teaches the device limitations of claim 3.
The combination of Kirschhoffer et al. and Ono et al. fails to explicitly teach a liquid handling system using a liquid handling device, comprising: a first light detection part disposed to face the first to-be-detected region; and a second light detection part disposed to face the second to-be- detected region.
However, in the analogous art of microchips, Watanabe et al. teaches a liquid handling system using a liquid handling device (See the Abstract, the microchip 1a, in [0013]-[0054] in Fig. 1-3), comprising a first light detection part disposed to face the first to-be-detected region; and a second light detection part disposed to face the second to-be- detected region (See the light transmission parts in [0047]-[0052], [0104]-[0109]).
Thus, it would be obvious to one with ordinary skills in the art to modify the system and device of Kirschhoffer et al. by incorporating a first light detection part disposed to face the first to-be-detected region and a second light detection part disposed to face the second to-be- detected region (as taught by Watanabe et al.) for the benefit of using light to visually detect fluid changes in a channel or analysis region of the device.
Regarding Claim 9, The combination of Kirschhoffer et al., Watanabe et al., and Ono et al. teaches the device limitations of claim 6.
The combination of Kirschhoffer et al. and Ono et al. fails to explicitly teach a liquid handling system using a liquid handling device, comprising: a first light detection part disposed to face the first to-be-detected region; and a second light detection part disposed to face the second to-be- detected region.
However, in the analogous art of microchips, Watanabe et al. teaches a liquid handling system using a liquid handling device (See the Abstract, the microchip 1a, in [0013]-[0054] in Fig. 1-3), comprising a first light detection part disposed to face the first to-be-detected region; and a second light detection part disposed to face the second to-be- detected region (See the light transmission parts in [0047]-[0052], [0104]-[0109]).
Thus, it would be obvious to one with ordinary skills in the art to modify the system and device of Kirschhoffer et al. by incorporating a first light detection part disposed to face the first to-be-detected region and a second light detection part disposed to face the second to-be- detected region (as taught by Watanabe et al.) for the benefit of using light to visually detect fluid changes in a channel or analysis region of the device.
Regarding Claim 11, The combination of Kirschhoffer et al., Watanabe et al., and Ono et al. teaches the system limitations of claim 8.
The combination of Kirschhoffer et al. and Ono et al. fails to explicitly teach a liquid handling method for weighing a liquid by using a liquid handling system, the liquid handling method comprising: performing a procedure more than once, wherein, in the procedure, a liquid is introduced from the introduction port into the third channel until a surface of the liquid is positioned at the first light detection part, and then the liquid inside the third channel and with the surface thereof at the first light detection part is moved toward the one end of the third channel so that the surface of the liquid is positioned at the second light detection part.
However, in the analogous art of microchips, Watanabe et al. teaches a liquid handling method for weighing a liquid by using a liquid handling system (See the Abstract, the microchip 1a, in [0013]-[0054] in Fig. 1-3), the liquid handling method comprising: performing a procedure more than once, wherein, in the procedure, a liquid is introduced from the introduction port into the third channel until a surface of the liquid is positioned at the first light detection part, and then the liquid inside the third channel and with the surface thereof at the first light detection part is moved toward the one end of the third channel so that the surface of the liquid is positioned at the second light detection part (See in [0007]-[0015], [0047]-[0052], [0104]-[0109] in Fig. 1-9).
Thus, it would be obvious to one with ordinary skills in the art to modify the combined method of Kirschhoffer et al. and Ono et al. by incorporating the step of: performing a procedure more than once, wherein, in the procedure, a liquid is introduced from the introduction port into the third channel until a surface of the liquid is positioned at the first light detection part, and then the liquid inside the third channel and with the surface thereof at the first light detection part is moved toward the one end of the third channel so that the surface of the liquid is positioned at the second light detection part (as taught by Watanabe et al.) for the benefit of using light to visually detect fluid changes in a channel of the device.
Regarding Claim 12, The combination of Kirschhoffer et al., Watanabe et al., and Ono et al. teaches the system limitations of claim 9.
The combination of Kirschhoffer et al. and Ono et al. fails to explicitly teach a liquid handling method for weighing a liquid by using a liquid handling system, the liquid handling method comprising: performing a procedure more than once, wherein, in the procedure, a liquid is introduced from the introduction port into the third channel until a surface of the liquid is positioned at the first light detection part, and then the liquid inside the third channel and with the surface thereof at the first light detection part is moved toward the one end of the third channel so that the surface of the liquid is positioned at the second light detection part.
However, in the analogous art of microchips, Watanabe et al. teaches a liquid handling method for weighing a liquid by using a liquid handling system (See the Abstract, the microchip 1a, in [0013]-[0054] in Fig. 1-3), the liquid handling method comprising: performing a procedure more than once, wherein, in the procedure, a liquid is introduced from the introduction port into the third channel until a surface of the liquid is positioned at the first light detection part, and then the liquid inside the third channel and with the surface thereof at the first light detection part is moved toward the one end of the third channel so that the surface of the liquid is positioned at the second light detection part (See in [0007]-[0015], [0047]-[0052], [0104]-[0109] in Fig. 1-9).
Thus, it would be obvious to one with ordinary skills in the art to modify the combined method of Kirschhoffer et al. and Ono et al. by incorporating the step of: performing a procedure more than once, wherein, in the procedure, a liquid is introduced from the introduction port into the third channel until a surface of the liquid is positioned at the first light detection part, and then the liquid inside the third channel and with the surface thereof at the first light detection part is moved toward the one end of the third channel so that the surface of the liquid is positioned at the second light detection part (as taught by Watanabe et al.) for the benefit of using light to visually detect fluid changes in a channel of the device.
Conclusion
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/BRITNEY N. WASHINGTON/Examiner, Art Unit 1797
/JENNIFER WECKER/Primary Examiner, Art Unit 1797