Prosecution Insights
Last updated: April 19, 2026
Application No. 18/349,506

MICROARRAY BASED SAMPLE DETECTION SYSTEM

Non-Final OA §102§DP
Filed
Jul 10, 2023
Examiner
SIEFKE, SAMUEL P
Art Unit
1758
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Akonni Biosystems, Inc.
OA Round
1 (Non-Final)
63%
Grant Probability
Moderate
1-2
OA Rounds
3y 7m
To Grant
80%
With Interview

Examiner Intelligence

Grants 63% of resolved cases
63%
Career Allow Rate
651 granted / 1031 resolved
-1.9% vs TC avg
Strong +17% interview lift
Without
With
+17.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
36 currently pending
Career history
1067
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
30.1%
-9.9% vs TC avg
§102
47.5%
+7.5% vs TC avg
§112
11.7%
-28.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1031 resolved cases

Office Action

§102 §DP
Notice of Pre-AIA or AIA Status The present application is being examined under the pre-AIA first to invent provisions. Claim Objections Claim 37 is objected to because of the following informalities: A period is missing at the completion of the sentence. Appropriate correction is required. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of pre-AIA 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 – (b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States. Claim s 7-10 and 26-37 are rejected under pre-AIA 35 U.S.C. 102 b as being anticipated by Kim et al. (US 2010/0261286) . Regarding claim 7, Kim discloses a microarray assembly for detection of a target molecule in a sample, comprising: an array chamber (40) with a sample inlet (38) , a sample outlet (42) , a top interior surface (inside array chamber) , a bottom interior surface (bottom surface of array chamber) , side walls (side walls in array chamber, para 85) and a microarray located on the bottom interior surface (para 35 states specific biogenetic reporters, ligands, antigens, antibodies having the ability to bind specifically to an analyte in the fluid sample) ; a waste chamber (46/32, para 22, absorbent regions downstream of the last detection chamber) comprising a waste inlet (See fig. 1-2b and an absorbent material (para 22) ; and a channel having an expansion section with a first end proximate to the outlet of the array chamber and a second end proximate to the inlet of the waste chamber (See fig. 1-3g) , wherein the top interior surface is a hydrophilic surface (a dry photoresist film that is hydrophilic surface, para 80 this interior surfaces of the device are hydrophilic ) that facilitates complete filling of the array chamber by an aqueous fluid (this limitation does not further structurally limit the instant claim because an aqueous fluid is not positively recited and can be added at a later time) and wherein the cross-sectional area at the first end of the expansion section is smaller than the cross-sectional area at the second end of the expansion section (detection chamber 44, see fig. 3g, para 85 states the chamber 44 has a progression of increasing diameter circular regions which reads on the instant claim of having a first end being smaller than the cross sectional area at the second end of the expansion section) . Regarding claim 8 , t he microarray assembly of Claim 7, wherein the expansion section of the channel has cross-sectional areas that increase stepwisely from the first end to the second end (see fig. 3g, progression at each transition or step, fig. 3g shows 4 increasing step diameters) . Regarding claim 9 , t he microarray assembly of Claim 7, wherein the channel further comprises a switchback section between the expansion section and the inlet of the waste chamber (any 180 degree turn in the microfluidic channel as seen from fig. 2a) . Regarding claim 10 , t he microarray assembly of Claim 9, wherein the switchback section comprises two sharp turns in the channel (See fig. 2a) . Regarding claim 26 , t he microarray assembly of Claim 7, wherein the expansion section has progressively increasing cross-sectional area towards the direction of the waste chamber (see fig. 3g) . Regarding claim 27 , t he microarray assembly of Claim 7, wherein the channel has hydrophobic sidewalls (para 80) . Regarding claim 28 , th e microarray assembly of Claim 7, wherein the cross-sectional area at the waste chamber end of the channel is at least 2 times larger than the cross-sectional area at the array chamber end of the channel (fig. 2a, 3g) . Regarding claim 29 , t he microarray assembly of Claim 7, wherein the cross-sectional area at the waste chamber end of the channel is at least 3 times larger than the cross-sectional area at the array chamber end of the channel (fig. 2a, 3g) . Regarding claim 30 , t he microarray assembly of Claim 7, wherein the cross-sectional area at the waste chamber end of the channel is at least 4 times larger than the cross-sectional area at the array chamber end of the channel (fig. 2a, 3g) . Regarding claim 31 , t he microarray assembly of Claim 7, wherein the cross-sectional area at the waste chamber end of the channel is at least 5 times larger than the cross-sectional area at the array chamber end of the channel (fig. 2a, 3g) . Regarding claim 32 , t he microarray assembly of Claim 7, wherein the microarray is a gel spot microarray (para 102) . Regarding claim 33 , t he microarray assembly of Claim 32, wherein the gel spot microarray is polynucleotide array (para 102) . Regarding claim 34 , t he microarray assembly of Claim 32, wherein the gel spot microarray is an antibody array (para 102) . Regarding claim 35 , t he microarray assembly of Claim 34, wherein the gel spot microarray is a protein array (para 102) . Regarding claim 36 , a method of detecting a target molecule in a sample, comprising; loading the sample in the microarray assembly of Claim 7; incubating the sample in the array chamber to allow binding of the target molecule to the microarray (para 23-33; PCR reaction) ; and detecting the target molecule bound to the microarray (23-33) . Regarding claim 37 , t he method of claim 36, further comprising amplifying the target molecule in the array chamber (PCR reaction) [.] Double Patenting Claims 7-10 and 26-37 are rejected on the ground of nonstatutory double patenting a s being unpatentable over claims 1-6 of U.S. Patent No. 9,493,815 and claims 1-11 of U.S. Patent No. 11,747,332 . Although the claims at issue are not identical, they are not patentably distinct from each other because they all comprise a microarray assembly that comprises, a array chamber (amplification) having a sample inlet, sample outlet, a top interior surface, a bottom interior surface, sidewalls, and a microarray therein; a waste chamber having an absorbent material therein, wherein the interior surface is hydrophilic and the array chamber has a cross-sectional area at the first end of the expansion section is smaller than the cross-sectional area at the second end of the expansion section. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT SAMUEL P SIEFKE whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-1262 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Friday 8-5 . 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 Maris Kessel can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-270-7698 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SAMUEL P SIEFKE/ Primary Examiner, Art Unit 1758
Read full office action

Prosecution Timeline

Jul 10, 2023
Application Filed
Mar 26, 2026
Non-Final Rejection — §102, §DP (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
63%
Grant Probability
80%
With Interview (+17.0%)
3y 7m
Median Time to Grant
Low
PTA Risk
Based on 1031 resolved cases by this examiner. Grant probability derived from career allow rate.

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