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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/29/2025 has been entered.
Response to Arguments
Applicant’s arguments, filed 12/29/2025 with respect to the rejection(s) of claim(s) 1-9 under 35 USC 102(a) as anticipated by Masuda have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made under 35 USC 103 as unpatentable over Masuda in view of Gilbert. Gilbert teaches a slightly different alignment of flow paths echoing the claim amendments and since it is solving the same issue of trying to direct a small volume sample path through a flow cell, it would be relevant and known to those in the art.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-9 are rejected under 35 U.S.C. 103 as unpatentable over Masuda U.S. Patent #10,852,223 in view of Gilbert U.S. Publication 2005/0123450.
With respect to claim 1, Masuda discloses a flow cell and measuring device comprising:
A flow cell having a merging path in which a sample and a sheath liquid flow (abstract)
A merging path in which a sample liquid and a sheath liquid flow in a flowing direction coaxial to the merging path (abstract, Figure 3, flowing direction of fluid in the merging path = A)
At least one sheath liquid flow path that introduces the sheath liquid into the merging path along a flowing direction of fluid in the merging path (abstract, Figure 3, flowing direction of fluid in the merging path = A)
A sample flow path introducing the sample liquid into the merging path (abstract, Figure 3, merging path = central path 16,)
Imaging means for imaging the sample liquid flowing through the merging path (Figure 10, camera 74, Col.12, l 1-3)
A sheath liquid supplying section that supplies the sheath liquid to the sheath liquid flow path (Col.4, l 65-Col.5, l 1)
A sample liquid supplying section that supplies the sample liquid to the sample flow path (Col.4, l 45-53)
A control section controlling the sample liquid supplying section and the sheath liquid supplying section such that (L/S1)/(J/S2) ≥ 0.7 (Col.7, l 44-52, Col.11, l 30-34, wherein a ratio of sample to sheath flow = 1:20-1:50, and a sample opening = 1 mm x 50-100 µm and a sheath opening = 1 mm x 50-100 µm)
Wherein the sample flow path is formed from the sample liquid introducing opening to a sample liquid flow-in opening, the sample flow-in opening being an opening of the flow cell (Figure 3, sample flow path = between sample flow-in opening 18a and sample introducing opening at 18b)
However, Masuda fails to disclose the sample liquid is introduced to the merging path at an angle orthogonal to the flowing direction.
Gilbert et al. discloses a multilayer hydrodynamic sheath flow structure comprising:
A sample flow path introducing the sample liquid into the merging path at an angle orthogonal to the flowing direction (P.0050, Figure 4A and 4B, wherein the sample is represented by 160 and sheath flow 120)
It would have been obvious to one of ordinary skill in the art at the time of the invention to introduce the sample flow orthogonal to the sheath flow in the merging section since as described by Gilbert this results in a sample focused hydrodynamically from all sides away from the walls in the channel’s center (P.0050) resulting in a symmetric flow and negligible resistance shifts from sample flow rubbing along the walls (0064).
With respect to claim 2, 3, 5, 6, 7, 8, Masuda in view of Gilbert discloses all of the limitations as applied to claim 1 above. In addition, Masuda discloses:
2- At least one of the sheath liquid introducing opening or sample liquid introducing opening is rectangular (Figure 5)
3- A width of the sample liquid introducing opening, orthogonal to the flowing direction in the merging path is within a range of .3 mm to 1.0 mm (Col.7, l 44-52, sample flow path width = 1 mm)
5- A merging portion at which the sample flow path and the sheath liquid flow path merge (Figure 5,
5- A flat portion disposed further toward a downstream side than the merging portion and formed so as to be flush with one wall surface among facing wall surfaces of the merging portion, and at which a distance between the facing wall surfaces is shorter than at the merging portion (Figure 5, merging portion = 16A, flat portion = 16C)
5- A tapered portion connecting the merging portion and the flat portion and at which the distance between the facing walls gradually decreased toward a downstream side (Figure 5, tapered portion = 16B)
6- the sample liquid introducing opening is formed in the one wall surface (Figure 3 and 10, sample introducing opening = intake opening 18A, one wall surface = top side of flow cell 10 facing camera 20)
7- the one wall surface and one wall surface of the sheath liquid flow path are flush (Figure 5, “top surface” of sheath flow 20 and merge area surface that then tapers downwards are flush)
8-the imaging means is disposed at a side of the merging path, at which side the sample liquid is introduced in with the flow cell in between (Figure 3 and 10, sample introducing opening = intake opening 18A, one wall surface = top side of flow cell 10 facing camera 20)
With respect to claim 9, Masuda in view of Gilbert discloses all of the limitations as applied to claim 1 above. In addition, Masuda discloses a method comprising:
Feeding a sample liquid to a flow cell described above (Col.8, l 40-45)
With respect to claim 4, Masuda in view of Gilbert discloses all of the limitations as applied to claim 1 and 3 above. In addition, Masuda discloses the size of the sheath liquid introducing opening along a direction of introducing the sample liquid is .05 - .1 mm.
However, Masuda fails to disclose the size of the sheath liquid introducing opening along a direction of introducing the sample liquid is .4 mm to .8 mm.
It would have been obvious to one of ordinary skill in the art at the time of the invention to select the size of the sheath liquid introducing opening as a result effective variable. The size of the opening affects the speed and flow of the sheath and one of ordinary skill in the art would choose a size based on the desired outcome. Masuda discloses sizes very similar in size and it wouldn’t be a stretch to a size a bit more.
Conclusion
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/REBECCA C BRYANT/ Primary Examiner, Art Unit 2877
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