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 .
Election/Restrictions
Applicant’s election of Group I (claims 1-2, 5, 7, 9-10, 12, 14 and 16) in the reply filed on 05/22/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 09/29/2023 and 03/04/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "126" and "128" have both been used to designate lid assembly. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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, 5, 7, 9-10, 12, 14, and 16 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. In particular, claims 5, 7, 9-10, 12, 14, and 16 are rejected under 112 (b) since they depend upon independent claim 1.
Claim 1 recites the limitation "the top surface" in line 11. There is insufficient antecedent basis for this limitation in the claim. More specifically, it is unclear as to which “top surface” applicant is referring to, since claim 1 recites “a body comprising a top surface”; “a top surface of a storage chamber”, and “a sipper chamber having an opening at the top surface”.
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 (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 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 1-2, 5, 7, 9-10, 14 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2024/0165627 A1-Ponkala et al. (hereinafter, “Ponkala”, has an effective date as of the provisional application).
Regarding claim 1, Ponkala discloses an apparatus (non-contact dispenser assemblies and related systems and methods are disclosed, abstract, lines 1-2; non-contact dispenser assemblies and related systems and methods. Various implementations of the apparatus and methods are described, para. [0004], lines 4-7), comprising: a system (system 100, para. [0116], line 2, Fig. 1), comprising: a pneumatic interface (a valve actuating mechanism including solenoid pins, para. [0113], lines 1-6l and lines 33-34); an actuator (valves selectively actuatable to fluidly couple the common fluidic line, para. [0005], lines 11-12), and a receptacle (reagent cartridge receptacle 118, Fig. 1, para. [0005], line 15); a liquid reservoir receivable (reagent cartridge 114, Fig. 1, para. [0005], lines 15-16; the apparatus further includes a reagent cartridge receptacle to receive the reagent cartridge, para. [0005], lines 14-16) within the receptacle and having: a body comprising a top surface (body 123, para. [0119], line 1, Fig. 1, body 123 has a top surface, shown in Fig. 1), a storage chamber (interior of manifold assembly 124, Fig. 1) having an opening at the top surface (top of manifold assembly 124, shown in Fig. 1), a sipper chamber having an opening at the top surface (common fluidic line 128, Fig. 1, having an opening—outlet 126, Fig. 1, at the top surface), and a fluidic sinus (reagent fluidic lines 134, Fig. 1) fluidly coupling the storage chamber and the sipper chamber (fluidic lines 134 are coupled to the storage chamber—manifold assembly 124 and the sipper chamber—common fluidic line 128, shown in Fig. 1); a cover covering the opening of the storage chamber (Fig. 1 shows an enclosed region of manifold assembly 124);
“a lid assembly coupled to the top surface (body 123 has a top surface, shown in Fig. 1) and having a first portion covering the opening of the storage chamber (body 123 has a first portion shown in Fig. 1 covering the opening of the storage chamber—interior of manifold assembly 124) and a second portion covering the opening of the sipper chamber (common fluidic line 128 is shown covered by a surface of body 123 in Fig. 1), the top surface and the first portion defining a plenum (a plenum is formed within the body 123 of the non-contact dispenser assembly, space formed in body 123 of 123 of the non-contact dispenser assembly, shown in Fig. 1),”
“the first portion comprising: a pneumatic port fluidly (Fig. 1 shows an inlet and outlet coupled to the plenum—that is, the space formed within body 123 of the non-contact dispenser assembly, Fig. 1) coupled to the plenum;”
“a cantilever (valve member 292 can be a cantilever, para. [0152], line 2, Fig. 7) having a distal end (distal end 294, para. [0152], lines 3-4, Fig. 7); and a compliant barrier (top membrane 246, para. [0140], line 2, Fig. 7) covering the cantilever (membrane 246 covers valve member 292, Fig. 7) and defining a portion of the plenum (top membrane 246 defines a portion of the plenum—formed in the space of formed within body 123 of the non-contact dispenser assembly);”
“and the second portion comprising a fluidic port (port 138, Fig. 1) fluidly coupled to the opening (inlet 138, Fig. 1) of the sipper chamber (common fluidic line 128, Fig. 1), and a cartridge assembly (cartridge assembly 104, Fig. 1), comprising: a fluidic interface (reagent cartridge interface 116, para. [0118], lines 3, Fig. 1) couplable to the fluidic port (port 138 is shown connected to reagent cartridge interface 116, Fig. 1);
“a well (well 110, para. [0017], line 2, Fig. 1); and a channel fluidly coupled between the fluidic interface and the well (the non-contact reagent dispenser assembly 104 dispenses reagent from reagent reservoirs 112 into the well 110, para. [0117], lines 6-8; the reagent cartridge 114 having the outlet valve 135 dispense fluid into the well 110, para. [0122], lines 11-12),”
“wherein the actuator is movable to engage the compliant barrier (the actuator of the system includes an indexed rod to move the first leg of the C-shaped member away from the valve seat and to move the second leg of the C-shaped member to urge the distal end of the cantilever into engagement with the first membrane to move the first membrane away from the corresponding valve seat, para. [0032], lines 1-8) and move the distal end of the cantilever to pierce the cover and allow the storage chamber to be fluidly coupled to the plenum.”
Regarding claim 2, Ponkala discloses wherein the engagement between the actuator and the compliant barrier does not vent the plenum to atmosphere (when supplying a closing force and not an opening force, the actuator does not provide force on the valve when the valve is turned on, and fluidic pressure provides the necessary force to open the valve. When the valve is closed, the actuator force overcomes the fluidic pressure, and seals or at least substantially seals the valve shut. If providing an opening force and not a closing force, the actuator provides a force to open the valve turning it on. When closing or when closed, the valve does not provide any force and the valve is shut off by a spring or similar passive source sealing or at least substantially sealing the valve shut, para. [0113], lines 11-24).
Regarding claim 5, Ponkala discloses wherein the cartridge assembly comprises a flow cell (system 100 which encompasses cartridge 114 comprises plate 108, para. [0117], line 2, Fig. 1).
Regarding claim 7, Ponkala discloses wherein the compliant barrier comprises an elastomer or conformable foil (the cartridge can be filled at a manufacturing facility and sealed with foil encapsulating the reagents, para. [0112], lines 55-57).
Regarding claim 9, Ponkala discloses wherein the body of the liquid reservoir (reagent cartridge 114, Fig. 1) comprises a port having a distal end (outlet 148, Fig. 1) and defining the opening of the storage chamber (defines an opening of the interior of manifold assembly 124, Fig. 1, port 148 opens into interior of assembly 124 via lines 134) and wherein the cover is coupled to the distal end of the port.
Regarding claim 10, Ponkala discloses wherein the lid assembly (body 123 has a top surface, Fig. 1) comprises a body (body 123, Fig. 1) comprising the cantilever (valve member 292, Fig. 7) and wherein the compliant barrier (membrane 246, Fig. 7) is coupled to the body covering the cantilever (membrane 246 is coupled to the body covering valve member 292, Fig. 7).
Regarding claim 14, Ponkala discloses wherein the pneumatic interface (a valve actuating mechanism including solenoid pins, para. [0113], lines 1-6l and lines 33-34) comprises a bore (opening 554, Fig. 25), a coupling movably positioned within the bore (the valve member 556 can be a cantilever extending from an edge of the opening 554 to position a distal end 558 of the valve member 556 within the opening 554, para. ]0204], lines 4-7, Fig. 25), and a biasing element (spring 572, Fig. 25), the biasing element to urge the coupling into sealing engagement (the spring 572 imparts a continuous upward biasing force on the valve member 556 through the bottom membrane 248 to hold the valve 551 in a closed position with the bottom membrane 248 against a valve seat 573, para. [0206], lines 8-12) with the pneumatic port of the lid assembly and wherein the fluidic interface of the reagent cartridge assembly comprises (assembly 200, Fig. 2, and Fig. 5) a hollow protrusion (interior of conduit 282, Fig. 5) that is positionable within the fluidic port (conduit 282, Fig. 5) of the lid assembly to fluidly couple the liquid reservoir and the cartridge assembly (assembly 204).
Regarding claim 16, Ponkala discloses wherein a side of the body (side of the body of cartridge 202, Fig. 7) defines an outward-facing groove (groove formed to accommodate common fluidic line 238, Fig. 7), further comprising a cover (top membrane 246, Fig. 7) secured to the side of the body (shown secured to the body of cartridge 202, Fig. 7), the groove and the cover defining the sipper chamber (groove formed to accommodate common fluidic line 238 and cover—top membrane 246 further define the sipper chamber—common fluidic line 238, Fig. 7).
Allowable Subject Matter
Claim 12 would be allowable if rewritten to overcome the 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.
The following is a statement of reasons for the indication of allowable subject matter: for claim 12, the prior art fails to teach or fairly suggest wherein the distal end of the cantilever comprises a protrusion comprising at least one of an oblique cone, a polyhedron, or an edge and a tip, wherein these limitations are in combination with the claim as a whole.
The closest prior art is US 2024/0165627 A1-Ponkala. Ponkala teaches non-contact dispenser assemblies and related systems and methods are disclosed. An implementation of an apparatus is disclosed that includes a reagent cartridge including a body defining a plurality of reservoirs. However, Ponkala does not teach or fairly suggest wherein the distal end of the cantilever comprises a protrusion comprising at least one of an oblique cone, a polyhedron, or an edge and a tip.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LENORA A. ABEL whose telephone number is (571)272-8270. The examiner can normally be reached Monday-Friday 7:00am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Marcheschi can be reached at (571) 272-1374. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L.A.A./Examiner, Art Unit 1799
/MICHAEL L HOBBS/Primary Examiner, Art Unit 1799
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