Prosecution Insights
Last updated: April 19, 2026
Application No. 18/347,549

SAMPLE READER WITH OIL RECIRCULATION

Non-Final OA §102§103§112
Filed
Jul 05, 2023
Examiner
ALABI, OYELEYE A
Art Unit
1797
Tech Center
1700 — Chemical & Materials Engineering
Assignee
BIO-RAD LABORATORIES, INC.
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
2y 11m
To Grant
99%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allow Rate
227 granted / 263 resolved
+21.3% vs TC avg
Strong +22% interview lift
Without
With
+21.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
31 currently pending
Career history
294
Total Applications
across all art units

Statute-Specific Performance

§101
5.7%
-34.3% vs TC avg
§103
44.5%
+4.5% vs TC avg
§102
25.5%
-14.5% vs TC avg
§112
20.2%
-19.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 263 resolved cases

Office Action

§102 §103 §112
DETAILED ACTION In application filed on 0 7 / 0 5 /202 3 , Claims 1 -20 are pending. The claim set submitted on 02 / 26 /202 6 is considered because this is the most recent claim set with some preliminary amendments . Claims 1 -10 are considered in the current office 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. Information Disclosure Statement The information disclosure statement (IDS) submitted on 02 / 23 /202 4 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Election/Restrictions Applicant’s election without traverse of Group I in the reply filed on 0 2 / 26 /202 6 is acknowledged. Claim s 1 -10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group s , there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 02/26/2026 . In the election on 5/30/2024, Claims 11-20 are withdrawn . Group I, Claims 1 -10 are considered on the merits below. Claim Objections Claims 1-3 and 5-10 are objected to because of the following informalities: Claim 1 recites “aqueous partitions” in line 3; “the partitions” in line 6-7; “sample” in line 7; “spacing fluid” in line 8; “the partitions” in line 10; “first sample” in line 11-12 and 19; “second sample” in lines 16-18. Consistent language should be used and for the purpose of expedited prosecution, Examiner interprets “aqueous partitions” in line 3; “the partitions” in line 6-7; “sample” in line 7; “spacing fluid” in line 8; “the partitions” in line 10; “first sample” in line 11-12 and 19; “second sample” in lines 16-18 as “partitions”; “the partitioned sample”; “the partitioned sample”; “the spacing fluid”; “the partitioned first sample; “partitioned first sample”; “partitioned second sample”. Appropriate correction is required. Claim 2 recites “a first sample” in lines 2-3; and “a second sample” in line 3. Consistent language should be used and for the purpose of expedited prosecution, Examiner interprets “a first sample” in lines 2-3; and “the second sample” in line 3 as “the first sample”; and “the second sample”. Appropriate correction is required. Claim 3 recites “spacing fluid” in lines 2-3 and 5. Consistent language should be used and for the purpose of expedited prosecution, Examiner interprets “spacing fluid” as “the spacing fluid” . Appropriate correction is required. Claim 5 recites “waste reservoir” in line 3 and “discrete reservoirs” in line 5. Consistent language should be used and for the purpose of expedited prosecution, Examiner interprets “waste reservoir” as “the waste reservoir” ; and “discrete reservoirs” as “discrete reservoir”. Appropriate correction is required. Claim 6 recites “spacing fluid” in line 3. Consistent language should be used and for the purpose of expedited prosecution, Examiner interprets “spacing fluid” as “the spacing fluid”. Appropriate correction is required. Claim 7 recites “spacing” in line 3. Consistent language should be used and for the purpose of expedited prosecution, Examiner interprets “spacing” as “spacing fluid”. Appropriate correction is required. Claim 8 recites “ sample” and “spacing fluid” in line 4 . Consistent language should be used and for the purpose of expedited prosecution, Examiner interprets “sample” and “spacing fluid” as “the sample” and “the spacing fluid” . Appropriate correction is required. Claim 9 recites “the partitions” in line 4 ; “a second sample” in line 8; and “third sample” in line s 5 and 8. Consistent language should be used and for the purpose of expedited prosecution, Examiner interprets “the partitions” in line 4 ; “a second sample” in line 8 and “third sample” in line s 5 and 8 as “the partitioned third sample” , “the second sample” and “the partitioned third sample”. Appropriate correction is required. Claim 10 recites “spacing fluid” in line 1. Consistent language should be used and for the purpose of expedited prosecution, Examiner interprets “spacing fluid” in line 1 as “the spacing fluid”, Appropriate correction is required. Claim Rejections - 35 USC § 112 Claim s 1 -10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim 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. Claim 1 recites the limitation "the sample" in lines 9 and 14. There is insufficient antecedent basis for this limitation in the claim. It is not clear whether the sample is referring to “a partitioned sample” in line 1; or “partitioned first sample” or “any of the plurality of samples” in line 1. For the purpose of expedited prosecution, the limitation "the sample” in line 9; and “the sample in line 14” is interpreted by the Examiner as "the partitioned first sample " and "the partitioned second sample". Moreover, Claims 2-10 are rejected by virtue of dependence on Claim 1. Claim 7 recites the limitation "the waste reservoir" in line 4. There is insufficient antecedent basis for this limitation in the claim. For the purpose of expedited prosecution, the limitation "the waste reservoir" in line 4 is interpreted by the Examiner as "a waste reservoir". Moreover, Claims 8-9 are rejected by virtue of dependence on Claim 7. Claim 9 recites the limitation "the sample" in line 3. There is insufficient antecedent basis for this limitation in the claim. For the purpose of expedited prosecution, the limitation "the sample” in line 3 is interpreted by the Examiner as "the partitioned third sample". 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 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. Claims 1- 3, 7 and 10 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Perkins et al. ( US20210283605A1 , submitted in the IDS 02/23/2024 ). Regarding Claim 1 , Perkins teaches a method of analyzing a plurality of samples (See Para 0137…sample analysis including the detection of nucleic acids, proteins… ; See Para 0106…A series of aliquots of dispersed phase, e.g., a series of aliquots from samples or portions of samples, can be flowed … ) , comprising: providing a sample reader (referred to as a detector [Para 0423; Fig, 48]) having ( i ) a sample inlet (referred to as main conduit [Para 0423; Fig. 48, ref. 4801 ]) configured to receive a partitioned sample (‘densely packed partitions’) (See Para 0423…connecting a main conduit 4801 flowing densely packed partitions) comprising aqueous partitions (See Para 0 110 … allows a dispersed phase, e.g., a sample, such as a sample in aqueous phase, to be transported into the common conduit of the injector and fill or partially fill the common conduit ) disposed in a carrier fluid (See Para 0423… continuous phase (oil) ) , (ii) a spacing fluid inlet (referred to as a second conduit [Para 0423; Fig. 48, ref. 4803]) configured to input spacing fluid (See Para 0423… a second conduit flowing additional separation fluid, such as oil) , (iii) a mixing region (See Fig. 48 for a region where conduit 4801 and conduit 4803 meets/combines) for combining the partitioned sample (‘densely packed partitions’) and the spacing fluid (See Para 0423… additional separation fluid, such as oil ) , (iv) a detection region (referred to as interrogation region [Fig. 48, ref. 4806]) , downstream (See Fig. 48 …downstream ) from the mixing region (See Fig. 48 for a region where conduit 4801 and conduit 4803 meets/combines) , for interrogating the partitions (See Para 0424…where a parameter of the partitions is interrogated) , and (v) a waste outlet (referred to as the first outlet conduit 4811 and/or the second outlet conduit 4808 [Para 0423]) configured to output sample (‘densely packed partitions’) and spacing fluid (See Para 0423… additional separation fluid, such as oil ) after the partitions have been interrogated ( See Para 0321;Fig. 1…displacing residual sample fluid into the waste 104, ; See Para 0424…The outlet conduit leads to the larger partition handling system 4914 ; See Para 0423…Continuous phase fluid flows through both the first outlet conduit 4811 and the second outlet conduit ) ; loading a partitioned first sample (‘densely packed partitions’ ; ‘first sample’ ) (See Para 0423… the system comprises a T-connector 4802 connecting a main conduit 4801 flowing densely packed partitions; See Para 0110…, a first aliquot of dispersed phase, e.g., comprising a first sample, may be introduced into the process system,…) into the sample reader (referred to as a detector [Para 0423; Fig, 48]) , inputting spacing fluid (See Para 0423… additional separation fluid, such as oil ) through the spacing fluid inlet (referred to as a second conduit [Para 0423; Fig. 48, ref. 4803]) , combining the sample with the spacing fluid ( See Para 0423…the densely packed partitions combining with the additional separation fluid, such as oil 4803; See Fig. 48 for a region where conduit 4801 and conduit 4803 meets/combines) in the mixing region (See Fig. 48 for a region where conduit 4801 and conduit 4803 meets/combines) , interrogating the partitions (See Para 0423… spaced partitions enter the constricted region of the conduit 4814 and enter the interrogation region 4806 where a parameter of the partitions is interrogated) in the detection region (referred to as interrogation region 4806 [Para 0423]) , and collecting waste comprising the first sample (See Para 0321; Fig. 1… displacing residual sample fluid into the waste 104) and associated spacing fluid from the waste outlet (referred to as the first outlet conduit 4811 and/or the second outlet conduit 4808 [Para 0423] ; See Para 0275… an outlet to a waste ) after the first sample (‘densely packed partitions’) has been interrogated (See Fig. 1 for the location of waste 104) ; and loading a partitioned second sample (‘densely packed partitions’ ’ second sample’ ) (See Para 0423… the system comprises a T-connector 4802 connecting a main conduit 4801 flowing densely packed partitions; See Para 0110…For example, a first aliquot of dispersed phase, e.g., comprising …a second aliquot of dispersed phase, e.g., comprising a second sample, may be separately introduced into the process system, separated from the first sample.) into the sample reader (referred to as a detector [Para 0423; Fig, 48]), inputting spacing fluid (See Para 0423… additional separation fluid, such as oil ) through the spacing fluid inlet (referred to as a second conduit [Para 0423; Fig. 48, ref. 4803]), combining the sample with the spacing fluid (See Para 0423…the densely packed partitions combining with the additional separation fluid, such as oil 4803;See Fig. 48 for a region where conduit 4801 and conduit 4803 meets/combines) in the mixing region (See Fig. 48 for a region where conduit 4801 and conduit 4803 meets/combines), interrogating the partitions (See Para 0423… spaced partitions enter the constricted region of the conduit 4814 and enter the interrogation region 4806 where a parameter of the partitions is interrogated) in the detection region (referred to as interrogation region 4806 [Para 0423]), and collecting waste comprising the second sample (See Para 0321; Fig. 1… displacing residual sample fluid into the waste 104,) and associated spacing fluid from the waste outlet (referred to as the first outlet conduit 4811 and/or the second outlet conduit 4808 [Para 0423]; See Para 0275… an outlet to a waste) after the first sample (‘densely packed partitions’) has been interrogated (See Fig. 1 for the location of waste 104, which is after the detector 109) wherein at least a portion of the spacing fluid (‘partition oil’) combined with the second sample has been reclaimed from the spacing fluid (‘partition oil’) combined with the first sample (See Para 0110… then a second aliquot of dispersed phase, e.g., comprising a second sample, may be separately introduced into the process system, separated from the first sample ; See Para 0513…Additionally or alternatively, continuous phase, e.g., partition oil, may be introduced before detection and then removed, e.g., siphoned, just after detection. This removed, e.g., siphoned continuous phase, e.g., oil may be transported to waste and/or recycled into a spacing continuous phase, e.g., oil, vessel for continuous partition separation.) . Regarding Claim 2 , Perkins teaches dividing a first sample (See Para 0175…droplets can cause droplets formed from a first sample) into a plurality of partitions (See Para 0175… digital assays require dividing a sample into partitions) separated by the carrier fluid (See Para 0515..use of the partition spacing oil ; See Page 0512…separation continuous phase, e.g., oil, between partitions ) to form the partitioned first sample (See Para 0175…droplets can cause droplets formed from a first sample), and dividing a second sample into a plurality of partitions (See Para 0175…droplets formed from a second sample) separated by the carrier fluid See Para 0515..use of the partition spacing oil; See Page 0512…separation continuous phase, e.g., oil, between partitions) to form the partitioned second sample (See Para 0175…droplets formed from a second sample). Regarding Claim 3 , Perkins teaches the sample reader (referred to as a detector [Para 0423; Fig, 48 ]) further having a combined reservoir (‘fluid reservoirs (such as bottles, bags, and the like)’) for spacing fluid (‘space fluids ‘) and waste (See Para 0201…the denature, purge and space fluids are injected using the sampling nozzle and are passed to either into the process section of the system (in the case of the spacing fluid) or to waste (in the case of purge and denature fluids). In certain embodiment the denature, purge and/or space fluids are pulled from fluid reservoirs (such as bottles, bags, and the like)) , wherein the spacing fluid inlet (referred to as a second conduit [Para 0423; Fig. 48, ref. 4803]) is disposed to input spacing fluid from the combined reservoir (referred to as fluid reservoirs (such as bottles, bags, and the like [Para 0201]) and the waste outlet (referred to as the first outlet conduit 4811 and/or the second outlet conduit 4808 [Para 0423]; See Para 0275… an outlet to a waste) is disposed to output waste into the combined reservoir (See Para 0201…the denature, purge and space fluids are injected using the sampling nozzle and are passed to either into the process section of the system (in the case of the spacing fluid) or to waste (in the case of purge and denature fluids). In certain embodiment the denature, purge and/or space fluids are pulled from fluid reservoirs (such as bottles, bags, and the like)) , and wherein the spacing fluid inlet (referred to as a second conduit [Para 0423; Fig. 48, ref. 4803]) extracts spacing fluid (‘space fluids ‘) from a portion of the combined reservoir (See Para 0201…the denature, purge and space fluids are injected using the sampling nozzle and are passed to either into the process section of the system (in the case of the spacing fluid) or to waste (in the case of purge and denature fluids). In certain embodiment the denature, purge and/or space fluids are pulled from fluid reservoirs (such as bottles, bags, and the like)) occupied by spacing fluid (‘space fluids ’ ). Regarding Claim 7 , Perkins teaches the sample reader (referred to as a detector [Para 0423; Fig, 48]) having a discrete spacing fluid reservoir (referred to as continuous phase reservoir; Fig. 85, ref. 213]; See Para 0361… e.g., a continuous phase comprising fluorinated oil) and a discrete waste reservoir (See Fig. 87…waste; See Para 0200, 0315… waste receptable, cleaning fluid waste reservoir.), wherein the spacing fluid inlet(referred to as a second conduit [Para 0423; Fig. 48, ref. 4803]) is disposed to input spacing (interpreted as spacing fluid) from the spacing fluid reservoir (referred to as continuous phase reservoir; Fig. 85, ref. 213]; See Para 0361… e.g., a continuous phase comprising fluorinated oil) and the waste outlet (referred to as the first outlet conduit 4811 and/or the second outlet conduit 4808 [Para 0423]; See Para 0275… an outlet to a waste) is disposed to output waste (See Para 0315…cleaning fluid waste reservoir; See Para 0326…the one or more fluid containers are for collecting waste.) into the waste reservoir (See Fig. 87…waste; See Para 0200, 0315… waste receptable, cleaning fluid waste reservoir.). Regarding Claim 10 , Perkins teaches the waste (See Para 0451…emulsion) comprising spacing fluid (‘continuous phase’) and aqueous components (‘dispersed phase’) (See Para 0451… in an emulsion of partitions of dispersed phase in continuous phase,), further comprising separating the spacing fluid (‘continuous phase’) from the aqueous components (See Para 0421… a portion of the continuous phase (e.g., oil, such as a fluorinated oil) is removed from the emulsion (disengagement)…See Para 0421… Concentrating droplets (disengagement). In certain embodiments, after partitions are formed at the partitioner, a portion of the continuous phase (e.g., oil, such as a fluorinated oil) is removed from the emulsion (disengagement), thus concentrating the droplets) in the waste (See Para 0451…emulsion) and reusing the spacing fluid (See Para 0421…adding removed continuous phase back to the system is referred to herein as a disengager ) to analyze additional samples (See Para 0109…after a detector, thereby teaching “ analyze additional samples “) using at least one of a separatory funnel and an oil separator (See Para 0054… recycle of oil with disengagers , thereby teaching “oil separator”; ; See Para 0109…where the process system comprises one or more disengager , e.g., a system that removes continuous phase from an emulsion, for example, after a partitioner but prior to a reactor, or after a detector, or both, and, in certain embodiments). 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. Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Perkins et al. (US20210283605A1, submitted in the IDS 02/23/2024) in view of Stumbo et al. (US20190002956A1, submitted in the IDS 02/23/2024). Regarding Claim 4, Perkins does not teach “wherein the combined reservoir has two openings, and wherein the spacing fluid inlet accesses the combined reservoir through one opening, and wherein the waste outlet accesses the combined reservoir through the other opening.” In the analogous art of systems and methods for detection of a signal from droplets of an emulsion, Stumbo teaches wherein the combined reservoir (referred to as the singulator [Para 0038; Fig. 1, ref. 72]) ; See Para 0038…The waste fluid may be droplet-containing fluid combined with spacing fluid) has two openings (See Fig. 1 for the channel junction [Para 0059; Fig. 1, ref. 106]; and the flow path from the singulator to valve 134 [ See Fig. 1], thereby teaching “two openings”), and wherein the spacing fluid inlet (See Fig. 1 for the flow path from reservoir 80 to the singulator 72 ) accesses the combined reservoir (referred to as the singulator [Para 0038; Fig. 1, ref. 72]) ; See Para 0038…The waste fluid may be droplet-containing fluid combined with spacing fluid) through one opening (See Fig. 1 for the channel junction [Para 0059; Fig. 1, ref. 106]; …), and wherein the waste outlet (Para 0066; See Fig. 1for the flow path from the singulator vis the valve 134 to the waste receptacle 84 ) accesses the combined reservoir (referred to as the singulator [Para 0038; Fig. 1, ref. 72]) ; See Para 0038…The waste fluid may be droplet-containing fluid combined with spacing fluid) through the other opening (See Fig. 1 for the flow path from the singulator to valve 134 [ See Fig. 1]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Perkins to incorporate the process wherein the combined reservoir has two openings, and wherein the spacing fluid inlet accesses the combined reservoir through one opening, and wherein the waste outlet accesses the combined reservoir through the other opening, as taught by Stu m bo for the benefit of direct ing fluid flow, adjust ing fluid flow and/or chang ing fluid flow paths within channel network 70 and/or between compartments of the assembly (Para 0038, Stu m bo), allowing for the provision of improved droplet detection systems where the improved systems may produce higher droplet utilization, a greater rate of emulsion throughput, more consistent flow rates and droplet spacing, and/or a less variable droplet shape in the detection channel, among others. (Stu m bo, Para 0007). Regarding Claim 5 , the system of claim 4 is obvious over Perkins in view of Stu m bo . Perkins teaches that the sample reader (referred to as a detector [Para 0423; Fig, 48]) is configured to be used with a discrete spacing fluid reservoir (referred to as continuous phase reservoir; Fig. 85, ref. 213]; See Para 0361… e.g., a continuous phase comprising fluorinated oil) and a discrete waste reservoir (See Fig. 87…waste; See Para 0200, 0315… waste receptable, cleaning fluid waste reservoir) , and ; the combined reservoir (‘fluid reservoirs (such as bottles, bags, and the like)’) ; openings in the discrete reservoirs (See Fig. 85, ref. 213… continuous phase reservoir; and See Para 0361… e.g., a continuous phase comprising fluorinated oil) and See Fig. 87…waste; See Para 0200, 0315… waste receptable, cleaning fluid waste reservoir) when the discrete reservoirs are properly positioned for use (See Fig. 85 ref. 213 for the positioning of the continuous phase reservoir and and Fig. See Fig. 87; See Para 0200 , 0315… for the positioning of the waste receptable, cleaning fluid waste reservoir). Examiner submits that the claimed “either with the combined spacing fluid and waste reservoir” in viewed as optional, thus not required by the claim. Perkins does not explicitly teach that a separation between openings in the combined reservoir is the same as a separation between openings in the discrete reservoirs. In the analogous art of systems and methods for detection of a signal from droplets of an emulsion, Stumbo teaches wherein a separation (See Fig. 1 for the separation) between openings (See Fig. 1 for the channel junction [Para 0059; Fig. 1, ref. 106]; and the flow path from the singulator to valve 134 [ See Fig. 1], thereby teaching “openings”), in the combined reservoir (referred to as the singulator [Para 0038; Fig. 1, ref. 72]) ; See Para 0038…The waste fluid may be droplet-containing fluid combined with spacing fluid) is the same as a separation (See Fig. 1 for the separation) between openings in the discrete reservoirs (See Fig. 1, ref. 80, oil reservoir and Fig. 1, ref, 84, waste receptable, where both have openings comprising flow paths) . In addition, MPEP § 2144.05, Part II, Subpart B holds that a particular parameter that is recognized as a result effective variable (“a variable that achieves a recognized result”) would be one, but not the only motivation for a person of ordinary skill in the art to experiment to reach another workable product or process. In the design and fabrication of microfluidic analytical systems, the selection of optimal experimental conditions including structural geometry and dimensions affects fluidic transport parameters such as pressure and flow rate which in turn affect transport profile of the desired analytes in the samples. Thus, the separation between the openings is a result effective variables. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to design and fabricate a system where a separation between openings in the combined reservoir is the same as a separation between openings in the discrete reservoirs, as taught by Stumbo for the benefit of directing fluid flow, adjusting fluid flow and/or changing fluid flow paths within channel network 70 and/or between compartments of the assembly (Para 0038, Stumbo), allowing for the provision of improved droplet detection systems where the improved systems may produce higher droplet utilization, a greater rate of emulsion throughput, more consistent flow rates and droplet spacing, and/or a less variable droplet shape in the detection channel, among others. (Stumbo, Para 0007). Allowable Subject Matter Claim 6 and 8-9 would be allowable if rewritten to overcome the objections and rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Regarding Claim 6, neither Perkins or Stumbo alone or in combination teach or suggest interposing a trap between the combined reservoir and the sample reader; drawing spacing fluid for the sample reader from the trap; and returning waste from the sample reader to the trap. It would constitute impermissible hindsight to include a step of interposing a trap between the combined reservoir and the sample reader; drawing spacing fluid for the sample reader from the trap; and returning waste from the sample reader to the trap without a teaching or suggestion to motivate one of ordinary skill in the art to construct the claimed invention. Regarding Claim 8, neither Perkins or Stumbo alone or in combination teach or suggest exchanging the spacing fluid reservoir and the waste reservoir between the steps of loading a first sample and loading a second sample, such that spacing fluid to be combined with the second sample comes from the waste reservoir used to receive sample and spacing fluid from the first sample. It would constitute impermissible hindsight to include a step of exchanging the spacing fluid reservoir and the waste reservoir between the steps of loading a first sample and loading a second sample, such that spacing fluid to be combined with the second sample comes from the waste reservoir used to receive sample and spacing fluid from the first sample without a teaching or suggestion to motivate one of ordinary skill in the art to construct the claimed invention. Moreover, Claim 9 would be allowable by virtue of dependency on Claim 8 Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Enter examiner's name" \* MERGEFORMAT OYELEYE ALEXANDER ALABI whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-1678 . The examiner can normally be reached on FILLIN "Work schedule?" \* MERGEFORMAT M-F 7:30am-5:30pm . 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, FILLIN "SPE Name?" \* MERGEFORMAT Lyle Alexander can be reached on FILLIN "SPE Phone?" \* MERGEFORMAT (571) 272-1254 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair- my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /OYELEYE ALEXANDER ALABI/ Examiner, Art Unit 1797
Read full office action

Prosecution Timeline

Jul 05, 2023
Application Filed
Mar 28, 2026
Non-Final Rejection — §102, §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12601685
RAPID DIAGNOSTICS FOR ANALYTE/BIOMARKER DETECTION BY RAMAN TECHNOLOGY WITH NON-SPECTROMETER RAMAN MEASUREMENT SYSTEM
2y 5m to grant Granted Apr 14, 2026
Patent 12596108
AUTOMATED LIPID EXCHANGE-MASS SPECTROMETRY SYSTEMS AND METHODS
2y 5m to grant Granted Apr 07, 2026
Patent 12590976
DETECTION METHOD USING BOTH FLUORESCENCE AND CHEMILUMINESCENCE LABELS
2y 5m to grant Granted Mar 31, 2026
Patent 12582926
METHOD OF OPERATING A LIQUID CHROMATOGRAPHY ARRANGEMENT, A LIQUID CHROMATOGRAPHY ARRANGEMENT, AND A CHROMATOGRAPHY SYSTEM
2y 5m to grant Granted Mar 24, 2026
Patent 12577526
MASSIVELY PARALLEL ON-CHIP CONSTRUCTION OF SYNTHETIC MICROBIAL COMMUNITIES
2y 5m to grant Granted Mar 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
86%
Grant Probability
99%
With Interview (+21.9%)
2y 11m
Median Time to Grant
Low
PTA Risk
Based on 263 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month