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(s) 1,3 is/are rejected under 35 U.S.C. 102a1 as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Geffen WO ‘843.
Geffen WO 2020/072843 teach a method comprising the steps of: capturing and processing an optical signal of a sample region to obtain a baseline measurement of the sample region (Para 267); activating an actuator such that a fluid in a fluid reservoir is directed out of the reservoir into the sample region (Para 25,201,204,205); continuously capturing and processing a series of optical signals of the sample region while the actuator is activated to obtain a series of measurements of the sample region (Para 94,207); and deactivating the actuator (Para 230). Once a material of interest is present of absent, a visual indication is provided (Para 99).
The References did not relate pump deactivation to “threshold”.
As to claim 1, a determination of either “present” or “absent” is indicative of a
measurement, and suggestive that the test is over, suggestive to one of ordinary skill to cease
the test .
As to REMARKS, consider:
As to the 4th full paragraph of p. 5; Para 94 where Applicant quotes “less than”, please see the next sentence of Para 94 that provides intervals in seconds. Still, Para 94’s different minute intervals are described in the alternative. That same paragraph refers to detection of presence/concentration in a test sample and “conversion of detection signals into readable signals”.
As to the last paragraph of p. 5; there is a reaction chamber 331 (Para 262) and outlet channel 336 immediately downstream of in the cartridge 300 (Para 262, Figure 3H). A camera is in the detector chip area of the channel per Para 16.
As to lines 4-9 from bottom of p. 5; the argument is narrower than the claimed subject matter. Consider that line 7 of claim 1 does not state - - region while the actuator remains continuously activated to obtain a series of measurements of the sample - - or even - - region while the actuator is continuously activated to obtain a series of measurements of the sample - -. Such may be the difficulty on this point.
As to the bottom of p. 5; there is a homogenization chamber 321, test sample in the chamber 321 for mixing, and the mixed sample is transported to filter 325, and test chamber; and a pump 1040 (per Applicant’s copy of the Reference ‘843) will displace such. There is sensing in a region, such region being downstream of a region reservoir.
“ eaction/detection chamber 331 may comprise a separate detection sensor (e.g., the chip 333 shown in FIG. 3B) with a detection probe that reacts with the processed sample. All analytical reactions occur in the reaction/detection chamber 331, and a detectable signal (e.g., a fluorescence signal) is generated therein. In some embodiments, detection agents (e.g., SPNs) for example, which are pre-stored in the homogenization chamber 321, may be premixed with the test sample in the homogenization chamber 321, here the test sample is homogenized and the extracted allergen proteins react with the detection agents. The mixed reaction complexes may be transported to the filter 325 before they are transported to the reaction/detection chamber 331. In other examples, detection agents (e.g., SPNs) may be stored in the filtrate chamber 322. The processed sample is filtered through the filter assembly 325 and reacts with the detection agents stored in the filtrate chamber 322. The filtrate containing the molecule of interest and detection agents is transferred to the detection chamber 331 wherein the detection agents engage an interaction with the detection probes immobilized on the sensor (e.g., the chip 333) and the detection signal is measured “ (Para 131)
There is yet another in Para 15 A, where the camera is focused on area 333’ of chipannel 710. Undersigned recognizes that the reference is a bit complex to its many species and aspects.
As to the first full paragraph of p. 6; the test is over, so one of ordinary skill would be inclined to stop all. Either the reference suggests such, or it’s obvious. In addition, please note that this is a method claim. It’s not as if the claim is directed to an apparatus that is so configured.
Claims 2,4,6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Note: Rejection employing RenCN ‘783 was over come as such did not teach “upon obtaining a measurement” (line 2 from last, claim 1), in combination with remaining claim limitations.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT R RAEVIS whose telephone number is (571)272-2204. The examiner can normally be reached on Mon to Fri from 8am to 4pm.
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/ROBERT R RAEVIS/ Primary Examiner, Art Unit 2855