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 Rejections - 35 USC § 102
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 1-7, 10, and 12-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Handique (US Publication 2008/00160601).
With regards to claim 1, Handique discloses a thermal control system (abstract) for monitoring and maintaining a temperature of a fluid sample within a cartridge (microfluidic cartridge) having a plurality of wells ([0041-0042]), the thermal control system comprising:
a heater block assembly (2020) having a cartridge slot (2014) sized and shaped to receive the cartridge within the heater block assembly ([0054]; FIG. 2), wherein the heater block assembly is comprised of thermally conductive material ([0054, 0064]); and
a printed circuit board assembly (PCB) coupled to the heater block assembly ([0053]; FIG. 3), wherein the printed circuit board assembly is configured to generate heat and deliver the heat to the heater block assembly, wherein the heater block assembly is configured to distribute the heat to the fluid sample located within the wells of the cartridge ([0052-0054]).
With regards to claim 2, Handique discloses the thermal control system of claim 1, further comprising an intermediary plate (907) coupled to the heater block assembly ([0064]; FIG. 4).
With regards to claim 3, Handique discloses the thermal control system of claim 2, wherein the intermediary plate (907) is configured to be positioned between the wells of the cartridge and the heater block assembly when the cartridge is received within the cartridge slot, and is configured to distribute the heat from the heater block assembly to the wells (FIG. 4; [0064]).
With regards to claim 4, Handique discloses the thermal control system of claim 2, wherein the intermediary plate comprises a ceramic (i.e. glass is a known type of ceramic) material ([0064, 0067]).
With regards to claim 5, Handique discloses the thermal control system of claim 2, wherein the intermediary plate is configured to distribute heat uniformly to each of the wells ([0067]).
With regards to claim 6, Handique discloses the thermal control system of claim 1, further comprising an intermediary plate coupled to both the heater block assembly and the printed circuit board assembly (FIG. 4; [0064]).
With regards to claim 7, Handique discloses the thermal control system of claim 6, wherein the intermediary plate (907) is positioned between an upper surface (913) of the printed circuit board assembly and a lower surface of the heater block assembly (FIG. 2 shows the heating area 2045 is recessed below at least a lower surface 2051 of the heater block assembly 2020), and is configured to distribute heat from the printed circuit board assembly to the heater block assembly ([0067]).
With regards to claim 10, Handique discloses the thermal control system of claim 9, wherein the printed circuit board assembly is coupled to the lower surface of the main body ([0053-0054]; FIG. 2-3).
With regards to claim 12, Handique discloses the thermal control system of claim 1, wherein the printed circuit board assembly includes a plurality of copper traces configured to generate heat to be delivered from the printed circuit board assembly to the heater block assembly (PCB in FIG. 3 shows the traces for heater/sensor, in which the traces are well-known to be copper for a printed circuit).
With regards to claim 13, Handique discloses the thermal control system of claim 1, further comprising:
a plurality of temperature sensors ([0062]), each temperature sensor of the plurality of temperature sensors configured to sense a temperature of the heater block assembly, wherein each temperature sensor is coupled to the printed circuit board assembly ([0053, 0062]); and
a controller configured to receive signals from the plurality of temperature sensors ([0062]), the controller including an electronic processor configured to:
receive a first temperature signal via a first one of the plurality of temperature sensors ([0068]);
receive a second temperature signal via a second one of the plurality of temperature sensors ([0068]);
determine, based on the first temperature signal, a first temperature of the heater block assembly ([0068]);
determine, based on the second temperature signal, a second temperature of the heater block assembly ([0068]);
determine, based on the first temperature and the second temperature, whether the first temperature is the same as the second temperature ([0068]); and
control, in response to the first temperature being the same as the second temperature, an amount of power supplied from the printed circuit board assembly ([0068]).
With regards to claim 14, Handique discloses the thermal control system of claim 13, wherein the electronic processor is further configured to:
determine, based on the first temperature and the second temperature, whether the first temperature or the second temperature is greater than a temperature threshold ([0068]); and
control, in response to the first temperature and the second temperature being less than or equal to the temperature threshold, the amount of power supplied from the printed circuit board assembly to match the temperature threshold ([0068]).
With regards to claim 15, Handique discloses the thermal control system of claim 14, wherein the electronic processor is further configured to: perform, in response to the first temperature or the second temperature being greater than the temperature threshold, an over-temperature operation ([0068, 0072]).
With regards to claim 16, Handique discloses the thermal control system of claim 15, wherein performing the over-temperature operation includes turning off the power supplied from the printed circuit board assembly or decreasing the amount of power supplied from the printed circuit board assembly ([0068, 0072]).
With regards to claim 17, Handique discloses a device for measuring the viscosity of a fluid (the claimed preamble “for measuring the viscosity of a fluid” merely states the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations. Therefore, the preamble is not considered a limitation and is of no significance to claim construction. See MPEP 2111.02 and Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165-66 (Fed. Cir. 1999)), the device comprising:
a cartridge (100) having an injection port (102) configured to introduce fluid into the cartridge ([0045, 0050]);
a plurality of inlet conduits (microfluidic network) coupled to and extending away from the injection port ([0045]);
a plurality of wells (reaction chamber), wherein the inlet conduits extend from the injection port to the wells, and are configured to deliver the fluid from the injection port to the wells ([0045]); and
the thermal control system of claim 1 (see claim 1 above).
With regards to claim 18, Handique discloses the device of claim 17, further comprising an alignment feature (2045) configured to facilitate alignment of the cartridge within the cartridge slot of the heater block assembly ([0055]; FIG. 2), wherein the alignment feature is at least one of a spring tab, an alignment slot, or an embossment on the heater block assembly or the cartridge ([0055]).
Claim Rejections - 35 USC § 103
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.
Claims 8 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Handique (US Publication 2008/00160601) in view of Handique et al. (US Publication 2008/0182301; hereinafter Handique_2).
With regards to claim 8, Handique teaches the thermal control system of claim 7. However, Handique is silent regarding wherein the intermediary plate comprises silicone.
It has been held that "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." Smith v. Nichols, 88 U.S. 112, 118-19 (1874) (a change in form, proportions, or degree "will not sustain a patent"). In re Williams, 36 F.2d 436, 438 (CCPA 1929) ("It is a settled principle of law that a mere carrying forward of an original patented conception involving only change of form, proportions, or degree, or the substitution of equivalents doing the same thing as the original invention, by substantially the same means, is not such an invention as will sustain a patent, even though the changes of the kind may produce better results than prior inventions.") In this particular case, a mere carrying forward of an original patented conception involving only change of substitution of equivalents materials performing the same purpose would be routine to one of ordinary skill in the art.
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to substitute the material of the intermediary plate as taught by Handique with an equivalent material performing the same function would be predictable in achieving the same result.
With regards to claim 11, Handique teaches the thermal control system of claim 1. However, Handique is silent regarding wherein the thermally conductive material of the heater block assembly is aluminum.
It has been held that "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." Smith v. Nichols, 88 U.S. 112, 118-19 (1874) (a change in form, proportions, or degree "will not sustain a patent"). In re Williams, 36 F.2d 436, 438 (CCPA 1929) ("It is a settled principle of law that a mere carrying forward of an original patented conception involving only change of form, proportions, or degree, or the substitution of equivalents doing the same thing as the original invention, by substantially the same means, is not such an invention as will sustain a patent, even though the changes of the kind may produce better results than prior inventions.") In this particular case, a mere carrying forward of an original patented conception involving only change of substitution of equivalents materials performing the same purpose would be routine to one of ordinary skill in the art.
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to substitute the material of the hater block assembly as taught by Handique with an equivalent material performing the same function would be predictable in achieving the same result.
Claims 9 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Handique (US Publication 2008/00160601) in view of Handique et al. (US Publication 2008/0182301; hereinafter Handique_2).
With regards to claim 9, Handique teaches the thermal control system of claim 1, wherein the heater block assembly includes a main body (FIG. 2) having an upper surface (upper surface of 2020) and a lower surface (surface below 2044; FIG. 2).
However, Handique is silent regarding wherein the heater block assembly includes an upper plate coupled to the upper surface of the main body, wherein the main body and the upper plate together define the cartridge slot.
Handique_2 teaches the heater block (see heater block assembly 2020 in FIG. 3 and 7) and the apparatus the heater block assembly is usable with. Handique_2 further teaches wherein the heater block assembly includes an upper plate (2010) coupled to the upper surface of the main body, wherein the main body and the upper plate together define the cartridge slot ([0096]).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to utilize the heater block assembly as taught by Handique in the device of Handique_2 having the upper plate 2010 with reasonable expectation to retaining the cartridge for subsequent detection purposes ([0095-0096]; Handique_2).
With regards to claim 19, Handique teaches the device of claim 17. However, Handique is silent regarding the device further comprising a retention feature configured to retain the cartridge within the cartridge slot of the heater block assembly, wherein the retention feature is at least one of a spring plunger, a spring tab, a roller, a rack and pinion system, or a ratchet system on the heater block assembly or the cartridge.
Handique_2 teaches the apparatus (see heater block assembly 2020 in FIG. 3 and 7) in which the heater block assembly of Handique is usable with. Handique_2 further teaches the device further comprising a retention feature (including 2008) configured to retain the cartridge within the cartridge slot of the heater block assembly, wherein the retention feature is at least one of a spring plunger, a spring tab, a roller, a rack and pinion system, or a ratchet system on the heater block assembly or the cartridge ([0095-0096]).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to utilize the heater block assembly as taught by Handique in the device of Handique_2 with reasonable expectation to retaining the cartridge for subsequent detection purposes ([0095-0096]; Handique_2).
With regards to claim 20, Handique teaches the device of claim 17. However, Handique is silent regarding the device further comprising a detection feature configured to detect a presence of the cartridge within the cartridge slot of the heater block assembly, wherein the detection feature is at least one of a conductive material component on the cartridge configured to close a circuit when the cartridge is within the cartridge slot, a mechanical switch, an optical sensor, or an acoustic sensor.
Handique_2 teaches the apparatus (see heater block assembly 2020 in FIG. 3 and 7) in which the heater block assembly of Handique is usable with. Handique_2 further teaches the device further comprising a detection feature (detected by mechanical sensor) configured to detect a presence of the cartridge within the cartridge slot of the heater block assembly, wherein the detection feature is at least one of a conductive material component on the cartridge configured to close a circuit when the cartridge is within the cartridge slot, a mechanical switch, an optical sensor ([0097]), or an acoustic sensor.
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to utilize the heater block assembly as taught by Handique in the device of Handique_2 with reasonable expectation to detect the cartridge for subsequent detection purposes ([0095-0097]; Handique_2).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUANG X.L NGUYEN whose telephone number is (571)272-1585. The examiner can normally be reached Monday-Friday 9AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, STEPHEN D. MEIER can be reached at (571) 272-2149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/QXN/ Examiner, Art Unit 2853
/STEPHEN D MEIER/ Supervisory Patent Examiner, Art Unit 2853
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