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 I in the reply filed on 02/17/2026 is acknowledged. Claims 4-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 06/15/2023, 12/20/2023, 06/21/2024, 01/06/2026 and 03/06/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim status
Claims 1-16 are pending with claims 1-3 being examined, claims 4-16 are deemed withdrawn.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth the subject matter which the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the applicant regards as the invention.
As to claim 1, Applicant does not define what gas is being used in the invention and it is unclear how the formula applies to different gases at different temperatures and pressures.
It is also unclear that formulas 1 and 2 do not produce a valid result when the temperature of the second chamber and the flow path are the same. In this case a = ΔP/ Po -1 (negative value) so that automatically (V2/V1 = v), which is always positive is greater than the value “a” as per formula 1. Thus in case no temperature change the formulas do not further limit the claim by the conditions set by the formulas.
Claims 2 and 3 are rejected based on dependency on a rejected base claim.
As to claim 3, Applicant does not define what gas is being used in the invention and it is unclear how the formula applies to different gases at different temperatures and pressures. It is also unclear that formulas 1 and 2 do not produce a valid result when the temperature of the second chamber and the flow path are the same. In this case a = ΔP/ Po -1 (negative value) so that automatically (V2/V1 = v), which is always positive is greater than the value “a” as per formula 1. Thus in case no temperature change the formulas do not further limit the claim by the conditions set by the formulas.
Appropriate action is required.
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.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Gao et al. (US 8075852 B2; hereinafter “Gao”) in view of Eberhardt et al. (US 20170002399 A1; hereinafter “Eberhardt”).
Regarding claim 1, Gao teaches a liquid feeding method for removing bubbles from a solution introduced into a fluidic device (Gao; Title), wherein
the fluidic device includes:
a flow path of a volume v (Gao; fig. 1. 103);
and a chamber (Gao; fig. 7C. 501).
Gao teaches removing bubbles from a liquid sample (Gai; Title) and applying pressure to remove bubbles from solution introduced in a fluidic device (Gao; Col. 24 lines 57-64) and a liquid-gas surface tension (Gao; Col. 14. Line 66).
Gao fails to teach a first chamber having a volume Vi and connected to a first side of the flow path; and a second chamber having a volume V2 and connected to a second side, being different from the first side, of the flow path, the liquid feeding method comprising: disposing the solution at a first position opposite to the flow path with respect to the second chamber; pressurizing and feeding the solution so that the solution is transferred through the second chamber toward the flow path; and pressurizing and introducing the solution from the second chamber into the flow path.
However, Eberhardt teaches the analogous art of a fluidic device (Eberhardt; fig. 1. 100) that includes a first chamber having a volume Vi (Eberhardt; fig. 3. 120 and [0062]), and connected to a first side of the flow path (Eberhardt; [0140] “after lysis, lysate can be moved through a fluidic channel into reaction chamber 122”), and a second chamber having a volume V2 and connected to a second side, being different from the first side, of the flow path (Eberhardt; fig. 3. 122), the liquid feeding method comprising: disposing the solution at a first position opposite to the flow path with respect to the second chamber (Eberhardt; [0012] lysis chamber configured to accept a biological sample”); pressurizing and feeding the solution so that the solution is transferred through the second chamber toward the flow path; and pressurizing and introducing the solution from the second chamber into the flow path (Eberhardt; fig. 3. 112 and [0059] port 112 through which positive or negative pressure can be applied to the fluidic circuit to move liquids in the circuit) (see [0023] and fig. 3.that illustrates a fluidic circuit).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Gao’s method to include disposing the solution at a first position opposite to the flow path with respect to the second chamber; pressurizing and feeding the solution so that the solution is transferred through the second chamber toward the flow path; and pressurizing and introducing the solution from the second chamber into the flow path as taught by Eberhardt because Eberhardt teaches a fluidic device (Eberhardt; fig. 1. 100) that includes a first chamber having a volume Vi (Eberhardt; fig. 3. 120 and [0062]), and connected to a first side of the flow path (Eberhardt; [0140] “after lysis, lysate can be moved through a fluidic channel into reaction chamber 122”), and a second chamber having a volume V2 and connected to a second side, being different from the first side, of the flow path (Eberhardt; fig. 3. 122), the liquid feeding method comprising: disposing the solution at a first position opposite to the flow path with respect to the second chamber (Eberhardt; [0012] lysis chamber configured to accept a biological sample”); pressurizing and feeding the solution so that the solution is transferred through the second chamber toward the flow path; and pressurizing and introducing the solution from the second chamber into the flow path (Eberhardt; fig. 3. 112 and [0059] port 112 through which positive or negative pressure can be applied to the fluidic circuit to move liquids in the circuit) (see [0023] and fig. 3.that illustrates a fluidic circuit).
The modification allows to dissolve the bubbles in the solution by applying pressure.
Gao fails to teach
Vi, V2, and v satisfy V2/V1+v ≥ a Formula (1)
where a= α/β – ΔP/ Po - 1 Formula (2)
α is a solubility of gas in the solution at a temperature of the second chamber,
β is a solubility of the gas in the solution at a temperature of the flow path,
Po is a pressure of a surrounding environment of the fluidic device,
ΔP is a bubble internal pressure rise value, where ΔP = 4σ/d, a is a surface tension of the solution, and d is a diameter of the flow path.
However, Eberhardt teaches a flow path (v) (Eberhardt; [0068] “fluidic channels”), a first chamber (Vi) (Eberhardt; fig. 3. 120), and a second chamber (V2) (Eberhardt; fig. 3. 122).
Eberhardt does not explicitly teach the flow path, first and second chamber dimensions however, Eberhardt’s figure 3 illustrates a first chamber with a volume different than the second chamber and the flow path wherein the initial pressure is an atmospheric pressure Po and increasing pressure sufficient to close off a fluidic channel (Eberhardt; Abstract).
It would have been obvious that V2/V1 ≥ a because solubility of a gas decreases when pressure increases (Henry’s Law C = kH*P).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Gao’s fluidic device wherein Vi, V2, and v satisfy
V2/V1 ≥ a where a= α/β – ΔP/ Po - 1 so the bubbles in the flow path can be suppressed.
Regarding claim 2, modified Gao teaches the liquid feeding method according to claim 1 (see above), wherein the fluidic device includes: a solution introduction portion (Gao; fig. 1. 101).
Modified Gao fails to teach the solution introduction portion is provided at a connection portion between the second chamber and the second side of the flow path; and a valve provided on a side opposite to the flow path with respect to the first chamber, and the liquid feeding method further comprising, before the disposing: introducing the solution into the fluidic device at the solution introduction portion; and moving the solution from the solution introduction portion toward the first position in a state where the valve is opened.
However, Eberhardt teaches the analogous art of a fluidic device (Eberhardt; fig. 1. 100) that includes a solution introduction portion (Eberhardt; fig. 3. 120 and [0140] “sample can be introduced into sample chamber 120”) wherein the solution introduction portion (Eberhardt; fig. 3. 120) is provided at a connection portion between the second chamber and the second side of the flow path (Eberhardt; fig. 3. 120, 122 illustrates the solution introduction portion between the second chamber 122 which is on the second side of the flow path), and the liquid feeding method further comprising, before the disposing: introducing the solution into the fluidic device at the solution introduction portion; and moving the solution from the solution introduction portion toward the first position in a state where the valve is opened (Eberhardt; [0140] “sample can be introduced into sample chamber 120, after lysis (disposing) lysate can be moved through fluidic channel with a plunger through port 112 by opening valves”).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Gao’s solution introduction portion to be provided at a connection portion between the second chamber and the second side of the flow path; and a valve provided on a side opposite to the flow path with respect to the first chamber, and the liquid feeding method further comprising, before the disposing: introducing the solution into the fluidic device at the solution introduction portion; and moving the solution from the solution introduction portion toward the first position in a state where the valve is opened as taught by Eberhardt because Eberhardt teaches a fluidic device (Eberhardt; fig. 1. 100) that includes a solution introduction portion (Eberhardt; fig. 3. 120 and [0140] “sample can be introduced into sample chamber 120”) wherein the solution introduction portion (Eberhardt; fig. 3. 120) is provided at a connection portion between the second chamber and the second side of the flow path (Eberhardt; fig. 3. 120, 122 illustrates the solution introduction portion between the second chamber 122 which is on the second side of the flow path), and the liquid feeding method further comprising, before the disposing: introducing the solution into the fluidic device at the solution introduction portion; and moving the solution from the solution introduction portion toward the first position in a state where the valve is opened (Eberhardt; [0140] “sample can be introduced into sample chamber 120, after lysis (disposing) lysate can be moved through fluidic channel with a plunger through port 12 by opening valves”).
The modification allows to purge the bubbles in the solution.
Regarding claim 3, modified Gao teaches the liquid feeding method according to claim 1 (see above), wherein
Vi, V2, and v satisfy
V2/V1 ≥ b Formula (3)
where
b= 1/20a – ΔP/Po Formula (5).
Modified Gao teaches removing bubbles from a liquid sample (Gai; Title) and applying pressure to remove bubbles from solution introduced in a fluidic device (Gao; Col. 24 lines 57-64).
Modified Gao does not explicitly teach the equation Vi, V2, and v satisfy
V2/V1 ≥ b, where b= 1/20a – ΔP/Po.
However, Eberhardt teaches a flow path (v) (Eberhardt; [0068] “fluidic channels”), a first chamber (Vi) (Eberhardt; fig. 3. 120), and a second chamber (V2) (Eberhardt; fig. 3. 122).
Eberhardt does not explicitly teach the flow path, first and second chamber dimensions however, Eberhardt’s figure 3 illustrates a first chamber with a volume different than the second chamber and the flow path wherein the initial pressure is an atmospheric pressure and increasing pressure sufficient to close off a fluidic channel (Eberhardt; Abstract).
It would have been obvious that V2/V1 ≥ b because the sample with the bubble is travelling from a larger volume to a lower volume.
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Gao’s fluidic device wherein Vi, V2, and v satisfy
V2/V1 ≥ b where b= 1/20a – ΔP/Po so the bubbles in the flow path can be suppressed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX RAMIREZ whose telephone number is (571)272-9756. The examiner can normally be reached Monday - Friday 8:00 - 5:00.
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/A.R./Examiner, Art Unit 1798
/CHARLES CAPOZZI/Supervisory Patent Examiner, Art Unit 1798