DETAILED ACTION
Notice of AIA Status
The present application, filed on 1/30/2024, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 38-56 are pending.
Claims 38-44 and 48-56 are withdrawn.
Claims 45-47 are rejected.
Election/Restrictions
Applicant's election with traverse of Group II (claims 45-47) in the reply filed on 3/4/2026 is acknowledged. The traversal is on the ground that there would not be a serious search and/or examination burden if the restriction were withdrawn alleging the invention groups I-IV parallel invention groups of the parent patent application 16/998,648, issued as US 11,919,002. This is not found persuasive because the inventions are independent or distinct and it appears there would be a serious search and/or examination burden if the restriction were not required.
The requirement is still deemed proper and is therefore made FINAL.
In addition, Claims 38-44 and 48-56 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected inventions there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 3/4/2026.
Claim Objections
Claim 45-47 is objected to because of the following informalities:
Claim 45 recites “A system comprising the device of claim 38 and the collection device”. Claim 45-47 are objected to because claim 38 makes reference to unelected claim 38. Consider amending claim 45 to recite the limitations of claim 38 directly. In addition, claim 38 recites “wherein a boundary of the lumen has an angle of between ±45 degrees from surface normal to the horizontal surface” when reciting this limitation directly in claim 45, consider rephrasing to ‘wherein the lumen has a boundary having an angle between ±45 degrees from a surface normal to the horizontal surface’.
Claims dependent on an objected base claim are objected to because any claim in dependent form is construed to incorporate by reference all the limitations of the claim to which it refers.
Appropriate correction is required.
Claim Rejections under 35 U.S.C. § 102
In the event the determination of the status of the application as subject to 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 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 45-47 are rejected under 35 U.S.C. §102(a)(1) as being anticipated by Craig (US20180133715 cited in the Information disclosure statement by applicant filed 6/17/2024).
With respect to Claim 45, Craig (US20180133715) teaches a system (microdroplet processing system/instrument 400 in [0182]) comprising a device (microfluidic cartridge 410 in [0182]) (see Fig. 4a) comprising:
a collection device (channel 434 in [0186]),
a first channel (aqueous sample inlet 422 in [0185]) having a first depth, a first width, a first proximal end, and a first distal end (see Fig. 3);
a droplet formation region (droplet generation module or region 412 in [0185]) in fluid communication with the first channel (aqueous sample inlet 422) (see [0185]); and
a collection reservoir (storage chamber 430 in [0186]) in fluid communication with the droplet formation region (droplet generation module or region 412) and configured to collect droplets formed in the droplet formation region (droplet generation module or region 412) (see [0186]), wherein the collection reservoir (storage chamber 430) comprises a lumen (the inner space of the collection reservoir of Craig is the lumen) configured to accept the collection device (channel 434 in [0186]), and wherein a boundary of the lumen has an angle of between ±45 degrees from surface normal (vertical line) to the horizontal surface (floor of storage chamber 430) (see the boundary of the lumen of the storage chamber 430 into channel 434 forming an angle is less than 45 degrees relative to the surface normal of the horizontal surface of the collection reservoir of Craig); wherein the first channel (aqueous sample inlet 422) and droplet formation region (droplet generation module or region 412) are configured to produce droplets of a first liquid in a second liquid (see [0185]).
With respect to Claim 46, Graig teaches the system of claim 45, wherein the collection device (channel 434) is a pipette tip or a tube (channel 434) having a proximal end and a distal end (see Fig. 4a), wherein the proximal end is in fluid communication with the lumen and the distal end is in fluid communication with an external container (reservoir 436 in [0186]) (see Fig. 4a).
With respect to Claim 47, Graig teaches the system of claim 46, wherein the system is configured to move the droplets from the collection reservoir (storage chamber 430) to the external container (reservoir 436) with a displacement fluid (fluids in [0182]) (see Fig. 4a).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN BORTOLI whose telephone number is (571)270-3179. The examiner can normally be reached 9 AM till 6 PM EST Monday through Thursday.
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/JONATHAN BORTOLI/Examiner, Art Unit 1797
/JENNIFER WECKER/Primary Examiner, Art Unit 1797
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