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 .
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-24 are rejected under 35 U.S.C. 102(a)(2) as being by Jian Wei Khor, Ulri N. Lee, Jean Berthier, Erwin Berthier, Ashleigh B. ThebergebioRxiv 2021.07.29.454194; Pre-print Public April 14, 2022; doi: https://doi.org/10.1101/2021.07.29.454194 herein referred to as (Khor et al.).
The applied reference has a common inventor with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Regarding Claim 1, Khor et al. teaches a fluidic device for autonomous droplet generation (See the Abstract and the Device illustrated in Fig 1-8 in Pg. 1-16), the fluidic device comprising:
a substrate (See the PTFE substrate in Pg. 13) defining:
an inlet reservoir shaped to receive and to carry a carrier liquid (See in Fig. 1a in Pg. 3-12);
a converging region in fluidic communication with the inlet reservoir and shaped to receive a liquid sample (See in Fig. 1a-e in Pg. 3-12);
a constriction adjacent to and in fluidic communication with the converging region, wherein the constriction defines a pathway configured to allow passage of fluid therethrough (See in Fig. 1a-e in Pg. 3-12);
a diverging region in fluidic communication with and downstream of the constriction (See in Fig. 1a-e in Pg. 3-12); and
an outlet reservoir in fluidic communication with the diverging region (See in Fig. 1a-e in Pg. 3-12),
wherein the fluidic device does not comprise a portion covering the outlet reservoir opposite the substrate (See in Fig. 1a-e in Pg. 3-12).
Regarding Claim(s) 2-5, Khor et al. teaches the device limitations of claim 1.
Khor et al. further teaches a fluidic device (See the Abstract and the Device illustrated in Fig 1-8 in Pg. 1-16), wherein the constriction comprises a pair of protrusions extending from the converging region and the diverging region (See in Fig. 1a-e in Pg. 3 and 12);
wherein a portion of the substrate including the constriction comprises a floor, and wherein the floor defines one or more grooves shaped and positioned to transport a carrier liquid between the converging region and the diverging region (See in Fig.1a-4 and 6 in Pg. 3-4);
wherein a width of the constriction is in a range of about 0.2 mm to about 3 mm; and wherein the substrate comprises a hydrophobic material (See the discussion and the fabrication method in Pg. 12).
Regarding Claim(s) 6-10, Khor et al. teaches the device limitations of claim(s) 1 and 5.
Khor et al. further teaches a fluidic device (See the Abstract and the Device illustrated in Fig 1-8 in Pg. 1-16), wherein the hydrophobic material is configured such that a droplet of an aqueous solution in contact with the hydrophobic material has a contact angle in a range of about 900 to about 1800 degrees (See in Fig. 1a-e and Fig. 3, in Pg. 2, 4-6, and 13);
wherein the outlet reservoir defines a floor and a wall encircling at least a portion of the floor, wherein the outlet reservoir is configured to receive and carry droplets generated at the constriction (See in Fig. 1a-e and Fig. 6-8 in Pg. 3 and 12);
wherein the wall defines a plurality of crenulations shaped to generate a droplet within interstices of a crenulation of the plurality of crenulations (See in Fig. 7 in Pg. 10);
wherein the floor defines one or more structures shaped to adhere to a droplet generated at the constriction (See in Fig. 1-8 in Pg. 7-14);
wherein the one or more structures includes one or more chambers shaped to receive the droplet (See Fig. 5-6 in Pg. 7-14);
Regarding Claim(s) 11-12, Khor et al. teaches the device limitations of claim 1.
Khor et al. further teaches a fluidic device (See the Abstract and the Device illustrated in Fig 1-8 in Pg. 1-16), wherein the inlet reservoir is a first inlet reservoir, wherein the constriction is a first constriction, wherein the converging region is a first converging region, and wherein the diverging region is a first diverging region, wherein the fluidic device further comprises: a second inlet reservoir shaped to receive and to carry the carrier liquid; a second converging region in fluidic communication with the second inlet reservoir and shaped to receive a second liquid sample; a second constriction adjacent to and in fluidic communication with the second converging region; a second diverging region in fluidic communication with and downstream of the second constriction, wherein the second diverging region is shaped and positioned to transport droplets generated at the second constriction to the outlet reservoir (See in Fig. 7-8 in Pg. 10-14);
wherein the fluidic device does not comprise a pump or other powered devices configured to urge liquid through the constriction to generate droplets therewith (See the Abstract and introduction in Pg. 1-2).
Regarding Claim(s) 13-18, Khor et al. further teaches a kit for autonomous droplet generation (See the Abstract and the Device and the kit illustrated in Fig 1-8 in Pg. 1-16), the kit comprising: a fluidic device according to Claim 1; and a carrier liquid (See the reagents in Pg. 12-13 in Fig. 5);
further comprising a droplet manipulation instrument configured to move a droplet within the carrier liquid, wherein the droplet manipulation instrument is selected from the group consisting of tweezers, a stylus, a needle, and combinations thereof (See Pg. 7-11 in Fig. 5-7);
wherein a portion of the droplet manipulation instrument is coated in a material comprised in the substrate of the fluidic device (See in Pg. 11 PTFE-coated tweezers);
wherein a droplet of the carrier liquid in contact with the substrate has a contact angle in in a range of about 00 to about 900 (See in Fig. 1a-e and Fig. 3, in Pg. 2, 4-6, and 13).
wherein a width, w, of a constriction of the fluidic device is according to the following equation: [W>2….] where g is the gravitational acceleration, Y1,2 is an interfacial tension between the carrier liquid and a liquid sample, p is a carrier liquid density, RyoS is a radius of curvature of a back of the liquid sample, and Rant is a radius of curvature of a front of the liquid sample, 01,2,s is a contact angle between aqueous plug, carrier liquid, and channel wall, and h is a carrier liquid height in the inlet reservoir (See Equations (1) and (2) in Pg. 4-8 in Fig. 1-4).
further comprising one or more surfactants (See in Pg. 4-7 and fluorinated surfactant concentration (c, wt% in Fig. 3).
Regarding Claim 19, Khor et al. teaches a method of autonomous droplet generation (See the Abstract and the Device illustrated in Fig 1-8 in Pg. 1-16), comprising introducing a liquid sample into a converging region shaped to receive the liquid sample; and introducing a carrier liquid into an inlet reservoir shaped to receive and to carry the carrier liquid, wherein the converging region is in fluidic communication with the inlet reservoir, thereby urging the liquid sample through a constriction adjacent to and in fluidic communication with the converging region and generating droplets into a diverging region in fluidic communication with and downstream of the constriction and an outlet reservoir in fluidic communication with the diverging region, wherein the fluidic device does not comprise a portion covering the outlet reservoir (See in Fig. 1-8 in Pg. 1-14).
Regarding Claim(s) 20-21, Khor et al. further teaches a method of autonomous droplet generation (See the Abstract and the Device illustrated in Fig 1-8 in Pg. 1-16), wherein the method is performed using a fluidic device according to Claim 1; and wherein the liquid sample is a sperm sample (See the discussion of cells in samples, and the citations listed in Fig. 1-8 in Pg. 1-16).
Regarding Claim(s) 22-24, Khor et al. teaches method of autonomous droplet generation (See the Abstract and the Device illustrated in Fig 1-8 in Pg. 1-16), comprising introducing a droplet manipulation instrument into a carrier liquid in which the droplet is disposed, wherein the droplet has a lower density than the carrier liquid, and wherein the carrier liquid wets the droplet manipulation instrument; and translating the droplet manipulation instrument through the carrier liquid adjacent to the droplet, thereby translating the droplet through the carrier liquid (See in Fig. 1-8 in Pg. 1-14); wherein the droplet is generated according to the method of Claim 19 (See claim 19 rejection); further comprising merging the droplet with another droplet (See in Fig. 1-8 in Pg. 1-14) .
Claim(s) 1, 13, 19 and 22-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lenji et al. (US20210053063A1).
Regarding Claim 1, Lenji et al. teaches a fluidic device for autonomous droplet generation (See the Abstract, Claims 19 and 36, and the device 900 in [0070]-[0193], [0199]-[0234] in Fig. 1-12), the fluidic device comprising:
a substrate (See the substrate illustrated in Fig. 9A-B, in [0099]-[0104], [0231]), defining:
an inlet reservoir shaped to receive and to carry a carrier liquid (See the inlet fluid reservoirs 904, 905, and 906 , i.e. inlet reservoirs, in Fig. 9A-B in [0231]);
a converging region in fluidic communication with the inlet reservoir and shaped to receive a liquid sample (See how the liquids from reservoir 904 and reservoir 905 or 906 combine in the first channel 902 forming the first liquid, i.e. a converging region, that is dispersed into the continuous phase as droplet in [0231] in Fig. 9A-B);
a constriction adjacent to and in fluidic communication with the converging region, wherein the constriction defines a pathway configured to allow passage of fluid therethrough (See how the two first channels 902 are connected to reservoir 905 and reservoir 906 and connected to a shelf region 920, i.e. a constriction, adjacent a step region 908 in [0231] in Fig. 9A-B and 10-12);
a diverging region in fluidic communication with and downstream of the constriction (See the step region 908, i.e. a diverging region, in [0231] in Fig. 9A-B); and an outlet reservoir in fluidic communication with the diverging region (See the outlet reservoir 907 in [0231] in Fig. 9A-B; Also, see the droplet formation region includes both a shelf region 1220, i.e. a constriction, and a step region 1208, i.e. a diverging region, disposed between the distal end of the first channel 1201 and the step region 1208 that lead to a collection reservoir 1204, i.e. an outlet reservoir in [0234] in Fig. 12), wherein the fluidic device does not comprise a portion covering the outlet reservoir opposite the substrate (Illustrated in Fig. 1-12).
Regarding Claim 13, Lenji et al. teaches a kit (See claim 1).
Regarding Claim 19, Lenji et al. teaches a method of autonomous droplet generation (See the Abstract, Claims 11, 14, and 21, and the device 900 in [0070]-[0193], [0199]-[0234] in Fig. 1-12), the method comprising:
introducing a liquid sample into a converging region shaped to receive the liquid sample (See the inlet fluid reservoirs 904, 905, and 906 , i.e. inlet reservoirs, in Fig. 9A-B in [0231]); and
introducing a carrier liquid into an inlet reservoir shaped to receive and to carry the carrier liquid, wherein the converging region is in fluidic communication with the inlet reservoir, thereby urging the liquid sample through a constriction adjacent to and in fluidic communication with the converging region and generating droplets into a diverging region in fluidic communication with and downstream of the constriction and an outlet reservoir in fluidic communication with the diverging region (See the outlet reservoir 907 in [0231] in Fig. 9A-B; Also, see the droplet formation region includes both a shelf region 1220, i.e. a constriction, and a step region 1208, i.e. a diverging region, disposed between the distal end of the first channel 1201 and the step region 1208 that lead to a collection reservoir 1204, i.e. an outlet reservoir in [0234] in Fig. 12),
wherein the fluidic device does not comprise a portion covering the outlet reservoir (Illustrated in Fig. 1-12).
Regarding Claims 22-24, Lenji et al. teaches a method of autonomous droplet generation (See the Abstract, Claims 11, 14, and 21, and the device 900 in [0070]-[0193], [0199]-[0234] in Fig. 1-12), the method comprising: introducing a droplet manipulation instrument into a carrier liquid in which the droplet is disposed, wherein the droplet has a lower density than the carrier liquid, and wherein the carrier liquid wets the droplet manipulation instrument; and translating the droplet manipulation instrument through the carrier liquid adjacent to the droplet, thereby translating the droplet through the carrier liquid (See Claims 11, 14, and 21 in Fig. 1-12);
wherein the droplet is generated according to the method of Claim 19 (See claim 19 rejection);
further comprising merging the droplet with another droplet (See Claims 11, 14, and 21 in Fig. 1-12).
Conclusion
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/BRITNEY N. WASHINGTON/Examiner, Art Unit 1797
/JENNIFER WECKER/Primary Examiner, Art Unit 1797