DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 (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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter 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 pre-AIA 35 U.S.C. 103(a) 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 under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claims 1, 2, 4-8, 10 and 12-18 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over United States Application Publication No. 2011/0312102, hereinafter Jo in view of United States Application Publication No. 2009/0023603, hereinafter Selden.
Regarding claim 1, Jo teaches an apparatus comprising: a thermally conductive receptacle holder (item 1120 and paragraph [0178])) including a plurality of receptacle wells (the openings wherein item 1110 rest), wherein each receptacle well is configured to receive a receptacle (item 1110) therein; a plurality of optical fibers (item 1280), each optical fiber having first and second ends (figure 6), wherein the first end is in optical communication with one of the receptacle wells (figure 8), and the second end is in optical communication with an excitation signal source (item 1200); one or more thermal elements (item 1130) positioned proximal to the receptacle holder (figure 8) for altering a temperature or temperatures of the receptacle holder (paragraph [0176]); a heat sink (item 1140) in thermal communication with the receptacle holder (figure 8).
Jo fails to teach one or more thermal devices disposed within the heat sink for pre-heating the heat sink.
Seldon teaches a device for amplification of nucleic acids which has heat sink which comprises a second heating element for controlling the temperature of the heat sink (Seldon, claim 29).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have had one or more thermal devices within the heat sink because it would allow for controlling the temperature of the heat sink (Seldon, claim 29).
Regarding claim 2, Jo teaches each receptacle well includes a through-hole extending from an inner surface of the receptacle well to an outer surface of the receptacle holder (figure 8), and wherein the first end of each optical fiber is disposed outside or within, or extends through, a corresponding through-hole in each receptacle well (figure 8).
Regarding claim 4, Jo teaches the heat sink comprises a thermally conductive support including a portion positioned proximal to a side surface of the receptacle holder (item 1140 is positioned on a side of 1120), wherein the one or more thermal elements are positioned between the support and the receptacle holder (figure 8).
Regarding claim 5, Jo teaches each of the one or more thermal elements is positioned proximal to a side surface of the receptacle holder (item 1140 is positioned on a side of 1120).
Regarding claim 6, Jo teaches each of the one or more thermal elements comprises a thermoelectric device (paragraph [0132]).
Regarding claim 7, Jo teaches each of the one or more thermal elements comprises a Peltier device (paragraph [0132]).
Regarding claim 8, modified Jo teaches each of the one or more thermal devices comprises a cartridge heater embedded in the heat sink (see supra).
Regarding claim 10, Jo, as modified above, teaches all limitations of claim 1; however, Jo, as modified above, fails to teach the heat sink comprises a plurality of spaced-apart fins for dissipating heat from the heat sink.
Selden further teaches a heat sink with fins and a fan to cool the heat sink (Seldon, claim 26).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have added a plurality of spaced-apart fins to the heat sink of Jo because it would improve cooling of the heat sink (Seldon, claim 26).
Regarding claim 12, these limitations are directed to the function of the apparatus and/or the manner of operating the apparatus, all the structural limitations of the claim has been disclosed by Jo and Seldon and the apparatus of Jo and Seldon is capable of pre-heating the heat sink to the temperature specified. As such, it is deemed that the claimed apparatus is not differentiated from the apparatus of modified Jo (see MPEP §2114).
Regarding claim 13, these limitations are directed to the function of the apparatus and/or the manner of operating the apparatus, all the structural limitations of the claim has been disclosed by Jo and Seldon and the apparatus of Jo and Seldon is capable of pre-heating the heat sink to the temperature specified. As such, it is deemed that the claimed apparatus is not differentiated from the apparatus of modified Jo (see MPEP §2114).
Regarding claim 14, these limitations are directed to the function of the apparatus and/or the manner of operating the apparatus, all the structural limitations of the claim has been disclosed by Jo and Seldon and the apparatus of Jo and Seldon is capable of pre-heating the heat sink to the temperature specified. As such, it is deemed that the claimed apparatus is not differentiated from the apparatus of modified Jo (see MPEP §2114).
Regarding claim 15, these limitations are directed to the function of the apparatus and/or the manner of operating the apparatus, all the structural limitations of the claim has been disclosed by Jo and Seldon and the apparatus of Jo and Seldon is capable of pre-heating the heat sink to the temperature specified. As such, it is deemed that the claimed apparatus is not differentiated from the apparatus of modified Jo (see MPEP §2114).
Regarding claim 16, these limitations are directed to the function of the apparatus and/or the manner of operating the apparatus, all the structural limitations of the claim has been disclosed by Jo and Seldon and the apparatus of Jo and Seldon is capable of pre-heating the heat sink to the temperature specified. As such, it is deemed that the claimed apparatus is not differentiated from the apparatus of modified Jo (see MPEP §2114).
Regarding claim 17, these limitations are directed to the function of the apparatus and/or the manner of operating the apparatus, all the structural limitations of the claim has been disclosed by Jo and Seldon and the apparatus of Jo and Seldon is capable of pre-heating the heat sink to the temperature specified. As such, it is deemed that the claimed apparatus is not differentiated from the apparatus of modified Jo (see MPEP §2114).
Regarding claim 18, these limitations are directed to the function of the apparatus and/or the manner of operating the apparatus, all the structural limitations of the claim has been disclosed by Jo and Seldon and the apparatus of Jo and Seldon is capable of pre-heating the heat sink to the temperature specified. As such, it is deemed that the claimed apparatus is not differentiated from the apparatus of modified Jo (see MPEP §2114).
Claim 3 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Jo and Seldon as applied to claim 2 above, and further in view of United States Application Publication No. 2005/0206895, hereinafter Salmelanien.
Regarding claim 3, Jo and Seldon teach all limitations of claim 1; however, they fail to disclose that the first end of the optical fiber is movable with respect to one of the through-holes. It would have been obvious to one of ordinary skill in the art at the time the invention was made to make the first end of the optical fiber movable, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art. MPEP $2144.04 (V)(D). See for example, Salmelainen which is provided to show that making the optical fiber adjustable is routine in the art because it would allow the height position of the end of the optical fiber to be adjusted to a distance from the sample so that the conical light beam coming from the optical fiber produces on the bottom of the sample well a light spot exactly the size of the bottom (Salmelainen, paragraph [0079]).
Claim 9 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Jo and Seldon as applied to claim 1 above, and further in view of United States Application Publication No. 2002/0127708, hereinafter Kluttz.
Regarding claim 9, Jo and Seldon teach all limitations of claim 1; however, they fail to teach one or more thermistors in thermal contact with one or more portions of the heat sink for monitoring a temperature of the heat sink. Kluttz teaches a nucleic acid amplification device which has a thermistor embedded into the heat sink to monitor the temperature of the heat sink for the temperature control feedback system (Kluttz, paragraph [0133]).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have added a thermistor to the heat sink because it would monitor the temperature of the heat sink for the temperature control feedback system (Kluttz, paragraph [0133]).
Claim 11 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Jo and Seldon as applied to claim 10 above, and further in view of WO 2012/012779, hereinafter Wilson.
Regarding claim 11, Jo teaches the one or more thermal elements are positioned between the support and the receptacle holder (figure 8).
Jo and Seldon fail to teach a thermally conductive support in contact with the heat sink, wherein the support includes a portion positioned proximal to a side surface of the receptacle holder.
Wilson teaches a cartridge heater with thermal elements (each of items 3027 in figure 20(b) which provides thermal energy though the lateral side surface to each of the plurality of receptacle wells and one or more force-applying bodies positioned to provide a compressive force to a second lateral side surface (paragraph [00519], the left hand heater, item 3027, and the force applying body on the right side) with the thermal element coupled to a lateral side surface of a support (item 3007(b)) extending up from a base (figure 20(a)). Wilson further teaches the one or more force-applying bodies comprise one or cross-braces (item 3007(c)) and each of the force applying bodies comprise a linker (the both within the spring as seen in figure 20(b) and a low thermal conductive body (item 3017) coupled to a second support (item 3007(a)) and the receptacle holders are in sliding engagement with the support (figures 20(a) and 20(b)). The left hand heater component and the force applying bodies allow for the heater to be opened and closed and to press the cartridge against the left hand heater component (paragraphs [00519] and [00520]).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have utilized the both of the thermal elements, with one of the thermal elements coupled to a first support in sliding arrangement with the receptacle holders and the force applying bodies comprising cross-bracing, a linker, a low thermal conductive body all coupled to a second support of Wilson in the device of Jo to apply heat to the side of the of the receptacle holder because it would allow for the heater to be opened and closed and to press the cartridge against the left hand heater component (paragraphs [00519] and [00520]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW D KRCHA whose telephone number is (571)270-0386. The examiner can normally be reached M-Th 7am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Maris Kessel can be reached at (571)270-7698. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW D KRCHA/ Primary Examiner, Art Unit 1796
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