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 .
Claim Status
Claims 1-10 are pending and being examined.
Claim Objections
Claim 9 is objected to because of the following informalities: claim 9 reads “a upper cover” should read as “an upper cover” in line 2. Appropriate correction 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 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 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al (Modular integration of electronics and microfluidic systems using flexible printed circuit boards, 2010, Lab Chip, 10, 519-521; hereinafter “Wu”) in view of Kuo (US 9670445 B1; hereinafter “Kuo”), and in further view of Lee et al (US 20090036328 A1; hereinafter “Lee”).
Regarding claim 1, Wu teaches a bio chip package structure (Wu; Abstract; a modular and inexpensive process to integrate ICs with microfluidic systems based on standard printed circuit board; examiner notes that Wu teaches the IC has been demonstrated for a wide range of targets including nucleic and amino acids), comprising:
a substrate, the substrate having a upper surface and a bottom surface, and a through hole passed through the upper surface and the bottom surface of the substrate (Wu; Fig. 1; page 520, col 2; Openings in the PCB expose select portions of the IC to the sample fluid);
a bio chip, the bio chip having a back surface (Wu; Fig. 1; the bio chip is interpreted as the ICs which comprises the bottom surface); and
a mold, the mold arranged on the upper surface of the substrate (Wu; Fig. 1; the mold is interpreted as fluidic channels which is on top of the PCB layer), the mold having an opening to align with the through hole of the substrate (Wu; Fig. 1; page 521 col 1; the PCB is aligned and bonded to the glass microfluidic system).
Wu does not teach the bio chip having an active surface, a plurality of I/O pads is respectively disposed on two sides of the active surface of the bio chip.
However, Kuo teaches an analogous art of a microfluidic sensor package (Kuo; Abstract) comprising an active surface (Kuo; Fig. 7; col 2, lines 51-53; Active area 212 is a region on active surface 206 to which a precisely controlled flow of fluid is to be provided), a plurality of I/O pads is respectively disposed on two sides of the active surface of the bio chip (Kuo; Fig. 7; col 2, line 51; one or more bond pads 214). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the bio chip of Wu to comprise the active surface as taught by Kuo, because Kuo teaches that the active area performs a polymerase chain reaction (PCR) function on the fluid which contacts active area (Kuo; col 2, lines 53-55). Further, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the bio chip of Wu to comprise the I/O pads as taught by Kuo, because Kuo teaches that the bond pads are used to electrically connect to the substrate (Kuo; col 4, lines 65-66).
Modified Wu does not teach a plurality of biological probes arranged on a region between the plurality of I/O pads, and the active surface of the bio chip is set toward to make the plurality of biological probes that is aligned with the through hole of the substrate so that the through hole of the substrate and the opening of the mold exposes the plurality of biological probes of the bio chip.
However, Lee teaches an analogous art of an apparatus including a biological chip (Lee; Abstract) wherein the bio chip has biological probes (Lee; Fig. 3; para [40]; A probe array 210 mounted on the biochip 200). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the bio chip of Wu to comprise the biological probes as taught by Lee, because Lee teaches that the biochip is used for gene expression profiling, genotyping, detecting mutations and polymorphisms such as Single Nucleotide Polymorphism (SNP), analysis of proteins and peptides, potential drug screening, development and manufacturing of new drugs, or the like (Lee; para [39]).
Thus, modified Wu teaches the plurality of biological probes arranged on a region between the plurality of I/O pads, and the active surface of the bio chip is set toward to make the plurality of biological probes that is aligned with the through hole of the substrate so that the through hole of the substrate and the opening of the mold exposes the plurality of biological probes of the bio chip (Wu; Fig. 1; page 520, col 2; Solder bumps applied to the ICs electrical contact pads facilitate electrical connectivity; Kuo; Fig. 7; col 2, line 51; one or more bond pads 214; Lee; Fig. 3; para [40]; A probe array 210 mounted on the biochip 200). As seen in Fig. 1 of Wu, the modification to Wu’s biochip would comprise the plurality of biological probes as taught by Lee between the I/O pads as taught by Kuo as this region is exposed to the fluidic sample.
Regarding claim 2, modified Wu teaches the bio chip package structure according to claim 1, wherein a connecting element is disposed on each the plurality of I/O pads on the active surface of the bio chip to electrical connect with the bottom surface of the substrate (Wu; Fig. 1; page 520, col 2; The protective layer has openings to facilitate assembling ICs to the PCB using flip-chip technology. Solder bumps applied to the ICs electrical contact pads facilitate electrical connectivity).
Regarding claim 3, modified Wu teaches the bio chip package structure according to claim 2, wherein the connecting element is solder ball or solder plug (Wu; Fig. 1; page 520, col 2; Solder bumps applied to the ICs electrical contact pads facilitate electrical connectivity).
Regarding claim 4, modified Wu teaches the bio chip package structure according to claim 1, wherein the substrate is a printed circuit board with one or more layers of circuit layout (Wu; Fig. 1; page 520, col 2; a thin flexible PCB was used as substrate for ICs and electrical interconnects).
Regarding claim 5, modified Wu teaches the bio chip package structure according to claim 1, wherein a slot is disposed in the substrate (Wu; Fig. 1). The examiner interprets the slot as the area that comprises the epoxy seal and solder bump.
Regarding claim 6, modified Wu teaches the bio chip package structure according to claim 1, wherein an external component is electrically connected with the substrate (Wu; Fig. 1; page 520, col 2; The protective layer has openings to facilitate assembling ICs to the PCB using flip-chip technology. Solder bumps applied to the ICs electrical contact pads facilitate electrical connectivity). The IC is interpreted as the external component as this facilitates the measuring of resistance.
Regarding claim 7, modified Wu teaches the bio chip package structure according to claim 1, wherein the aperture size of the through hole of the substrate is identical to a total reaction zone of the plurality of biological probes on the active surface of the bio chip (Wu; Fig. 1; page 520, col 2; Solder bumps applied to the ICs electrical contact pads facilitate electrical connectivity; Lee; Fig. 3; para [40]; A probe array 210 mounted on the biochip 200). As seen in Fig. 1 of Wu, the modification to Wu’s biochip would comprise the plurality of biological probes as taught by Lee between the I/O pads, interpreted as the solder bump, as this region is exposed to the fluidic sample.
Regarding claim 8, modified Wu teaches the bio chip package structure according to claim 1, with the bio chip.
Modified Wu does not teach the bio package structure further comprising a package structure to encapsulate the back side of the bio chip and the bottom surface of the substrate.
However, Lee teaches an analogous art of an apparatus including a biological chip (Lee; Abstract) wherein a package structure encapsulates a back side of a bio chip (Lee; para [42]; The biochip packaging substrate 100 includes a through cavity 115 having a mounting portion 105 on which the biochip 200 is mounted and an exposed portion 110). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the bio chip package structure to comprise the package structure as taught by Lee, because Lee teaches that biochip package is simple and easy to use alongside analysis equipment thereby increasing analysis efficiency while achieving compact design. Thus, modified Wu teaches the package structure to encapsulate the bottom surface of the substrate (Wu; Fig. 1). The examiner notes that the part of the PCB is exposed as seen in Fig. 1 of Wu, thus the bio package of Lee would encapsulate said bottom surface as the package extends past the biochip as seen in Fig. 6 of Lee.
Regarding claim 9, modified Wu teaches the bio chip package structure according to claim 1, wherein the opening of the mold is provided with an upper cover, and the upper cover opens or covers the opening of the mold by sliding or page turning (Wu; Fig. 1). The examiner interprets the cover as the pneumatic valve actuation. The cover being “open by sliding or page turning” is directed to the function and/or the manner of operating the cover, all the structural limitations of the claim has been disclosed by Wu in view of Lee and the cover of modified Lee is capable of “open[ing] by sliding or page turning”. As such, it is deemed that the claimed cover is not differentiated from the cover of modified Wu (see MPEP §2114).
Regarding claim 10, modified Wu teaches the bio chip package structure according to claim 1, wherein the mold is fixed on the upper surface of the substrate with a sealant (Wu; Fig. 1; PDMS adhesive).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Austin Q Le whose telephone number is (571)272-7556. The examiner can normally be reached Monday - Friday 9am - 5pm.
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/A.Q.L./Examiner, Art Unit 1796
/ELIZABETH A ROBINSON/Supervisory Patent Examiner, Art Unit 1796