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 .
Election/Restrictions
Applicant’s election without traverse of Group II in the reply filed on 8/10/2026 is acknowledged. Claims 1-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 11 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by United States Application Publication No. 2001/0029017, hereinafter Yasuda.
Regarding claim 11, Yasuda teaches a method of operating a reaction vessel (abstract), the method comprising: accepting a solution into the reaction vessel via an inlet port of the reaction vessel (paragraph [0052]); causing the solution to flow through the reaction vessel over a plurality of discrete regions of a light absorbing layer (paragraph [0062]); directing a first light at a first discrete region of the plurality of discrete regions of the light absorbing layer (paragraph [0063]), causing energy from the first light to be absorbed by the first discrete region (paragraph [0063]); and causing a portion of the solution adjacent to the first discrete region to be heated (paragraph [0062]).
Regarding claim 20, Yasuda teaches further comprising binding one or more nucleotide sequences to the first discrete region via weak covalent interactions (paragraph [0092]).
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.
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) 12-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yasuda in view of WO 02/41997, hereinafter Kylberg.
Regarding claim 12, Yasuda teaches all limitations of claim 11; however, Yasuda fails to teach directing a second light at a second discrete region to cause energy from the second light to be absorbed by the second discrete region.
Kylberg teaches a device for controlled heating in micro-channel systems in which one or more lamps so that different reactions can be carried out at different locations on the substrate (Kylberg, page 15, lines 8-10).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have directed a second light at a second discrete region because it would allow for different reactions can be carried out at different locations on the substrate (Kylberg, page 15, lines 8-10).
Regarding claim 13, modified Yasuda teaches the first light is from a first light source and the second light is from a second light source, the second light source set to a lower power level than the first light source (Kylberg, page 15, lines 8-10).
Regarding claim 14, modified Yasuda teaches the first light and the second light are from a first light source, the first light source being positioned such that it is closer in proximity to the first discrete region than the second discrete region (Kylberg, page 15, lines 8-10).
Regarding claim 15, Yasuda teaches the first discrete region and the second discrete region are disposed along a first interior-facing region of the reaction vessel (paragraph [0063]).
Regarding claim 16, Yasuda teaches the first discrete region and the second discrete region are fluidically coupled such that the solution is not inhibited by a physical barrier from flowing between the discrete regions (figure 14).
Regarding claim 17, Yasuda teaches wherein causing the solution to flow through the reaction vessel comprises causing the solution to flow through a channel (item 714) having a first segment adjacent to the first discrete region (figure 7) and a second segment (item 715) adjacent to the second discrete region (figure 7), wherein the first discrete region is spaced apart from the second discrete region (figure 7).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yasuda in view of WO 2017/019768, hereinafter Lee.
Regarding claim 18, Yasuda teaches wherein the reaction vessel is defined at least in part by a top housing component (figure 13) and a bottom housing component (figure 13).
Yasuda fails to teach wherein the plurality of discrete regions comprise a plurality of top discrete regions deposited onto an interior-facing surface of the top housing component and a plurality of bottom discrete regions deposited onto an interior-facing surface of the bottom housing component.
Lee teaches an optical PCR device which has a plurality of top discrete regions deposited onto an interior-facing surface of the top housing component and a plurality of bottom discrete regions deposited onto an interior-facing surface of the bottom housing component which are in direct opposition of each other (Lee, paragraph [0036] and figure 1A) so that the films define the walls of the microchamber (Lee, paragraph [0036]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have added a plurality of discrete regions on the top of the housing which are in direct opposition of the plurality of discrete regions on the bottom housing because it would cause the discrete regions to define the walls of the microchamber (Lee, paragraph [0036]).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yasuda and Lee as applied to claim 18 above, and further in view of Kylberg.
Regarding claim 19, modified Yasuda teaches a particular top discrete region is disposed in direct opposition to a particular bottom discrete region (see supra).
Yasuda and Lee fail to teach directing the first light at the particular top discrete region to cause the particular top discrete region to reach a first threshold temperature, and directing a second light at the particular bottom discrete region to cause the particular bottom discrete region to reach a second threshold temperature, such that molecules in a portion of the solution are thermally confined within an area defined by the particular top discrete region and the particular bottom discrete region.
Kylberg teaches a device for controlled heating in micro-channel systems in which one or more lamps so that different reactions can be carried out at different locations on the substrate (Kylberg, page 15, lines 8-10).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have directed a second light at a second discrete region because it would allow for different reactions can be carried out at different locations on the substrate (Kylberg, page 15, lines 8-10).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW D KRCHA whose telephone number is (571)270-0386. The examiner can normally be reached M-Th 7am-5pm.
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, Maris Kessel can be reached at (571)270-7698. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW D KRCHA/ Primary Examiner, Art Unit 1796
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