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 with traverse of Group I in the reply filed on 5/18/2026 is acknowledged. The traversal is on the ground(s) that examiner does not provide examples that recite material different methods of using the claimed apparatus. This is not found persuasive because the apparatus as claimed can be used to practice another and materially different process such as a process that does not require the particulars of cutting a channel cavity and fluid ports.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claim(s) 1-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Swanson (US 12,031,970).
Regarding claim 1, Swanson teaches an automated sampling system comprising an inlet (5766) that receives a fluid; a plurality of fluid branches (4018) coupled to the inlet, each fluid branch from the plurality of fluid branches comprising a plurality of fluid sub-branches (refer to Figure 29); a set of evaluation zones (4018 a, b, c, d) distributed along of the fluid sub-branches from the plurality of fluid sub- branches; a plurality of outlets (5767) that expel the fluid; and a substrate (5003) comprising an evaluation area associated with each evaluation zone from the set of evaluation zones. (Refer to Figures 29-32)
Regarding claim 2, each fluid branch from the plurality of fluid branches has a same volume as each other fluid branch from the plurality of fluid branches. (Refer to Figures 29-32)
Regarding claim 3, the substrate (5003) is a nominally planar surface of defined composition, texture, and roughness. (Refer to Figure 29)
Regarding claim 4, the substrate is of a conformal material having substantial curvature or topography. (Refer to Figure 32)
Regarding claim 5, each fluid sub-branch from the plurality of fluid sub-branches has a same volume as each other fluid sub-branch from the plurality of fluid sub-branches. (Refer to Figures 29-32)
Regarding claim 6, a cross-section of each evaluation zone from the set of evaluation zones decreases along a fluid path from the inlet to the plurality of outlets, such that shear force increases along the fluid path from the inlet to the plurality of outlets. (Refer to Figure 35a)
Regarding claim 7, each evaluation zone from the set of evaluation zones is integrated with a single substrate layer of the microfluidic test chip. (Refer to Figure 35a)
Regarding claim 8, each evaluation zone from the set of evaluation zones comprises a biological particle, analyte, or species. (Refer to abstract)
Regarding claim 9, each evaluation zone from the set of evaluation zones provides an indication of adherence. (Refer to Col. 20, Lines 38-52)
Regarding claim 10, the indication of adherence may be evaluated via magnetic, spectroscopic, optical, fluorescent, impedance, electrical, photoluminescent, and/or radiological analysis. (Refer to Col. 20, Lines 38-52)
Regarding claim 11, a bottom substrate (5002); a channel layer (5005) coupled to the bottom substrate (5002) via a first surface of the channel layer, wherein the channel layer comprises an inlet port, a channel cavity having a plurality of fluid branches, and a plurality of outlet ports; and a top substrate (5006) coupled to the channel layer via a second surface of the channel layer. (Refer to Col. 21, Lines 15-32)
Regarding claim 12, each fluid branch from the plurality of fluid branches comprises a plurality of fluid sub-branches, and wherein each fluid sub-branch from the plurality of fluid sub-branches comprises a set of evaluation zones. (Refer to Figures 29-32)
Regarding claim 13, each fluid branch from the plurality of fluid branches has a same volume as each other fluid branch from the plurality of fluid branches. (Refer to Figures 29-32)
Regarding claim 14, each fluid sub-branch from the plurality of fluid sub-branches has a same volume as each other fluid sub-branch from the plurality of fluid branches. (Refer to Figures 29-32)
Regarding claim 15, the bottom substate comprises a plurality of reactants and each evaluation zone from the set of evaluation zones is associated with a region of the bottom substrate that comprises a particular reactant from the plurality of reactants. (Refer to Col. 5, Lines 64-67)
Regarding claim 16, a volume of each evaluation zone from the set of evaluation zones decreases along a fluid path from the inlet port to the plurality of outlet ports, such that shear force increases along the fluid path from the inlet port to the plurality of outlet ports. (Refer to Figures 29-32)
Regarding claim 17, the bottom substate, the channel layer, and the top substrate comprise at least one of a polymeric material comprising a condensation polymer, an addition polymer, and a natural polymer, the polymeric material having characteristics of a thermoplastic material or a thermoset material. (Refer to Col. 8, Lines 20-35)
Regarding claim 18, the bottom substrate, the channel layer, and the top substrate comprise at least one of a polycarbonate, poly (acrylate), poly (methacrylate), an olefin including polypropylene (PP), polyethylene (PE), cyclic olefin & related copolymers, polyester including polyethylene terephthalate (PET), polyamides and aramids, polyimides, polystyrene (PS) and related substituted forms, polytetrafluoroethylene and related polyvinyl per-fluorinated or semi-fluorinated compositions, epoxies, silicones, polyurethanes, polyacrylonitrile (PAN), natural and synthetic rubbers, carbon-carbon materials, and elastomers. (Refer to Col. 8, Lines 20-35)
Regarding claim 19, the bottom substate, the channel layer, and the top substrate comprise an inorganic material. (Refer to Col. 8, Lines 20-35)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JYOTI NAGPAUL whose telephone number is (571)272-1273. The examiner can normally be reached M-F 9am to 5pm, EST.
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/JYOTI Mutreja/Primary Examiner, Art Unit 1798
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