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 .
Election/Restrictions
Claim 20 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 02/27/2026.
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.
Claim(s) 1-2, and 15-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Paputsky et al. (US20110096327A1).
Regarding Claim 1 and 15-16, Papautsky teaches a microchannel particle separator comprising:
A Support including a channel and a plurality of holes ; (abstract and Fig 8D)
A fluid source configured to hold a separable fluid which forms the flowing fluid in the channel [0058];
A force application device configured to apply centrifugal force [0058];
One or more collection tubes positioned to receive separated particle streams 206a-5 [0079, 0081]
Regarding Claim 2, the collection tubes are adjacent to each other (See Fig 8A)
Claim(s) 1-5 and 5-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gupta (US5882529).
Regarding Claims 1 and 3-4 and 15-18, Gupta teaches a microchannel particle separator comprising:
A Support including a rotating cylinder (filter screen 10) with a plurality of holes and inclined surface (see side of 12); (Figure 1, abstract)
A fluid source in the form of liquid comprising solid entities to be separated configured to form a stream (See Claim 6);
A force application device configured to apply centrifugal force (See Claim 6);
One or more collection outlets 20 and 24 configured to collect a sludge and desired product stream (Col. 2, Lines 52-65)
Regarding Claim 2, the support 10 includes a surface that is adjacent to one or more holes (Fig 1)
Regarding Claim 5, as the fluid source is considered to dispense liquid in a controlled rate with a pump (Col. 2,Lines 60-65)
Claim(s) 1-2, 5-7 and 15-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thalmann et al. (US6106715).
Regarding Claims 1, 6-7 and 15-17, Thalmann teaches a separation device comprising:
A Support including a lattice connection of channels 20b for fluid passageways and holes 77 (Figure 1 and 9)
A fluid inlet where the fluid comprises solid entities to be separated configured to form a stream (See Claim 17 and Col. 3, Lines 2-5);
A force application device in the form of a ultrafiltration membrane (Col. 5, Lines 35-42) which is taught to be made of microscopic hydrophilic pores (Col. 1, Lines 30-35) reading on the claim 6 limitation of a thin porous layer configured to reduce flow turbulence, and is considered to use hydrophilic force and a concentration gradient;
One or more collection outlets (fluid outlet and permeate outlet) configured to collect the desired permeate stream (Claim 17) and where the filtered material is collected in the capped end (See Claim 17)
Regarding Claim 2, the channels are considered adjacent to one or more holes (Fig 1)
Regarding Claim 5, as the fluid source is considered to dispense liquid in a controlled rate with a pump (Col. 1,Lines 45-55)
Claim(s) 1-2, 5, 8, 12-14, 15-17 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Toner et al. (US20090014360A1).
Regarding Claims 1 and 15-17, Toner teaches a separation device comprising:
A Support including at least one channel (See claim 1) and a plurality of holes (Fig 4C);
A fluid source comprising fluid and particles to be separated (See Claim 1);
At least one force applicator including a pumping element to drive laminar flow of the fluid (See claim 1) which is considered to be a concentration gradient force applicator;
Regarding Claim 2, One or more collection outlets in the form of stream lines (See Claim 1) where the collection devices are adjacent to the support passageway (See Figure 4C)
Regarding Claim 5, as the fluid source is considered to dispense liquid in a controlled rate with a pump (See Claim 1);
Regarding Claim 8, the force applicator may include magnetic force [0018] from a magnetic biasing element [0024] (whose genus is considered to include a magnet element)
Regarding Claim 12, the force applicator is configured to apply oscillating force [0183]
Regarding Claims 13 and 19, a solvent in the form of diluent may be added via a separate inlet, thereby forming a concentration gradient driving the flow of fluid [0180]
Regarding claim 14, the separator may be positions in a series or cascade sequence to improve separation and form different sample fractions [0227]
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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.
Claim(s) 9-11 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toner et al. (US20090014360A1) in view of Link et al. (US20080003142A1).
Regarding Claims 9-11 and 19, Toner teaches the force applicator may include electric field [0018], but is silent regarding whether an electrode was used; however Link teaches a microfluidic substrate where one or more electrodes may be used to selectively collect droplets in a separate channel with one or more electrodes forming the electric field (See claim 6) where the electrodes may be outside of the support channel (See Figure 22D) or may be a part of the fluid channels and in contact with the fluid [0189] and may be in series [0197]; therefore, one of ordinary skill in the art would have been motivated to use one or more insulated electrodes to form the electric field of Toner as required by claim 9; to use one or more electrodes directly in contact with the fluid layer as to form the electric field as required by claim 10; and would have been motivated to therein use one or more sequential ring-shaped electrodes for the purpose of imparting an electric field.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICARDO D MORALES whose telephone number is (571)272-6691. The examiner can normally be reached Monday-Thursday 9 am- 4 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sally Merkling can be reached at 5712726297. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RICARDO D MORALES/Primary Examiner, Art Unit 1738
Prosecution Insights