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 § 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 pre-AIA 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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
(e) the invention was described in (1) an application for patent, published under section 122(b), by another filed in the United States before the invention by the applicant for patent or (2) a patent granted on an application for patent by another filed in the United States before the invention by the applicant for patent, except that an international application filed under the treaty defined in section 351(a) shall have the effects for purposes of this subsection of an application filed in the United States only if the international application designated the United States and was published under Article 21(2) of such treaty in the English language.
Claim(s) 1 – 20 are rejected under pre-AIA 35 U.S.C. 102(a)/(b)/(e) as being anticipated by Stone et al. (US 2005/0172476 A1; hereinafter “Stone”).
Regarding claim 1, Stone teaches throughout the publication a method comprising:
introducing a subject fluid into an inlet of a channel (the subject fluid is introduced into the inlet at the left end of the subject fluid channel 34; paragraph 85; figure 3); and
expelling separate portions of the subject fluid from a plurality of microfluidic outlets each fluidly connected to the inlet, simultaneously, while surrounding at least one of the separate portions of the subject fluid at least in part with a dispersing fluid (the dispersing fluid flows through both top and bottom upstream portions 30 surrounding the subject fluid channel 34, where the separate portions comprising droplets comprising droplets of subject fluid encapsulated by the dispersing fluid when exiting at the outlet 37; paragraph 85; figure 3; the apparatus used can comprise a plurality of microfluidic outlets from microfluidic channels 66, 68, 70, 72 and 74 as shown in figure 6; paragraph 88; the use of multiple channels 66 – 74 each having a separate microfluidic outlet can be used to produce dispersed droplets of different size or size distributions; paragraph 88).
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Regarding claim 2, Stone teaches the method as in claim 1, comprising causing the dispersing fluid to create discontinuous sections of the subject fluid (paragraphs 17 and 18).
Regarding claim 3, Stone teaches the method as in claim 2, comprising exposing the subject fluid (via subject fluid channel 34) to two separate streams (via two intermediate fluid channels 30 on either side of subject fluid channel 34) of the dispersing fluid, and allowing the two separate streams to join and to completely circumferentially surround the subject fluid stream (paragraphs 19 and 62 – 64; figure 3).
Regarding claim 4, Stone teaches the method as in claim 1, comprising providing a microfluidic interconnected region (28) having an upstream portion (30) and a downstream portion (32) connecting to an outlet (37) (paragraphs 24 and 60 – 64; figure 3); and creating discontinuous sections of the subject fluid in the interconnected region (28) upstream of the outlet (37) (the channel arrangement as shown in figure 3 can provide an encapsulating fluid surrounding discontinuous portions or sections of subject fluid; paragraph 64), at least some of the discontinuous sections having a maximum dimension of less than 20 microns (the microfluidic interconnected region comprises microfluidic channels having a cross-sectional dimension less than 25 microns, which would include a maximum cross-sectional dimension less than 20 microns; paragraph 67).
Regarding claim 5, Stone teaches the method as in claim 4, wherein the interconnected region has an enclosed cross-section (paragraphs 23 and 55).
Regarding claim 6, Stone teaches the method as in claim 4, wherein the interconnected region has a maximum cross- sectional dimension of less than 1 millimeter (paragraphs 55, 65 and 67).
Regarding claim 7, Stone teaches the method as in claim 4, wherein the interconnected region has a maximum cross- sectional dimension of less than 200 microns (paragraphs 55, 65 and 67).
Regarding claim 8, Stone teaches the method as in claim 4, wherein the interconnected region has a maximum cross- sectional dimension of less than 50 microns (paragraphs 55, 65 and 67).
Regarding claim 9, Stone teaches the method as in claim 4, wherein the interconnected region has a maximum cross- sectional dimension of less than 25 microns (paragraphs 55, 65 and 67).
Regarding claim 10, Stone teaches the method as in claim 4, wherein both the subject fluid and the dispersing fluid are within the exterior boundaries of the interconnected region (paragraphs 62 and 64; figure 3).
Regarding claim 11, Stone teaches the method as in claim 4, wherein the interconnected region (microfluidic interconnected region 28) contains a dimensionally-restricted section (dimensionally-restricted section 40 formed by extensions 42; paragraph 85; figure 3) that assists in forming the discontinuous sections.
Regarding claim 12, Stone teaches the method as in claim 11, comprising allowing the dispersing fluid and subject fluid to pass through the dimensionally-restricted section wherein the subject fluid does not contact walls defining the dimensionally-restricted section (paragraphs 62 and 64; figure 3).
Regarding claim 13, Stone teaches the method as in claim 4, comprising introducing the subject fluid from a subject fluid channel (subject fluid channel 34) into a dispersing fluid in the interconnected region (interconnected region 28) (paragraphs 62 – 64; figure 3).
Regarding claim 14, Stone teaches the method as in claim 2, wherein the subject fluid comprises a liquid (e.g., formation of liquid drops of controlled size; paragraphs 51 and 78).
Regarding claim 15, Stone teaches the method as in claim 2, wherein the subject fluid comprises a gas (paragraphs 78 and 83).
Regarding claim 16, Stone teaches the method as in claim 12, wherein the subject fluid channel (34) is at least partially surrounded by the interconnected region (28) (paragraphs 62 - 66 and 85; figure 3).
Regarding claim 17, Stone teaches the method as in claim 13, wherein the interconnected region (interconnected region 28) includes an upstream portion having at least two sections (two intermediate fluid channels (upstream portions 30) are provided, one on each side of subject fluid channel 34; paragraph 64; figure 3) partially surrounding the subject fluid channel (subject fluid channel 34) and interconnecting at an outlet (37) of the subject fluid channel (34) (paragraphs 62 – 64; figure 3).
Regarding claim 18, Stone teaches the method as in claim 4, comprising creating a pressure differential between the upstream portion (30) and the downstream portion (32) of the interconnected region (28), introducing a dispersing fluid between the upstream portion and the outlet (37), and forming the discontinuous sections of the subject fluid at least in part via a pressure differential (paragraphs 62 – 64; figure 3) (the use of syringe pumps for controlling fluid flow within the apparatus implicitly causes a pressure differential to cause fluid flow within the apparatus; paragraph 101).
Regarding claim 19, Stone teaches the method as in claim 18, comprising creating the pressure differential at least in part via a dimensionally-restricted section (40) between the upstream portion (30) of the interconnected region (28) and the outlet (37) (paragraphs 62 – 64; figure 3) (the use of syringe pumps for controlling fluid flow within the apparatus implicitly causes a pressure differential to cause fluid flow within the apparatus; paragraph 101).
Regarding claim 20, Stone teaches the method as in claim 19, comprising flowing the subject fluid and the dispersing fluid through the dimensionally-restricted section (dimensionally-restricted section 40) (paragraphs 62 – 64; figure 3).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Garstecki et al. (US 2007/0054119 A1) teach systems and methods for forming particles.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN J. SINES whose telephone number is (571)272-1263. The examiner can normally be reached 9 AM-5 PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Elizabeth A Robinson can be reached at (571) 272-7129. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BRIAN J. SINES
Primary Patent Examiner
Art Unit 1796
/BRIAN J. SINES/ Primary Examiner, Art Unit 1796