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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/25/2023, 03/22/2024 were filed before the mailing date of the FAOM. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of Group 1 (claims 1-4) in the reply filed on 05/19/2026 is acknowledged.
Claim Objections
Claim 2 objected to because of the following informalities:
claim 2 line 3 – recite “the centre” and should be amended to “the center”
claims 2-4 lines 1 – recite “Microfluidic device” and should be amended to “The microfluidic device”
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-4 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of Kaliszczak et al (U.S. Patent No. 11,964,280 B2 published 04/23/2024; hereinafter ‘280). Although the claims at issue are not identical, they are not patentably distinct from each other because ‘280 teaches all the structures of the instant application.
Regarding claim 1, ‘280 teaches a microfluidic device for obtaining a quantity of plasma comprising:
- a collection module for blood (a collection module for blood – claim 1);
- a first capillary channel having a first end in fluidic connection with said collection module (a first capillary channel having a first end in fluidic connection with said collection module – claim 1);
- a storage chamber for a fluid in fluidic connection with said first capillary channel (a storage reservoir for a fluid in fluidic connection with said first capillary channel – claim 1);
- a flow outlet in fluidic connection with a second end of the first capillary channel (homogenous mixture of fluids originating from said first capillary and having a flow outlet of said homogenous mixture – claim 1);
- a means for preventing any fluidic return to the collection module (a means for preventing any fluidic return to the collection module – claim 1) wherein:
- the collection module comprises:
a semi-permeable membrane arranged to receive a quantity of blood and designed to separate the blood constituents, by gravity when said semi-permeable membrane is substantially horizontal, according to the sizes thereof and thus to trap said constituents other than the blood plasma (a semi-permeable membrane arranged to receive a quantity of blood and designed to separate the blood constituents, by gravity when said semi-permeable membrane is substantially horizontal, according to the sizes thereof and thus to trap said constituents other than the blood plasma – claim 1);
a specific surface arranged between said semi-permeable membrane and the first end of the first capillary channel and having hydrophobic, hydrophilic and surface tension properties in order to extract the blood plasma from the semi-permeable membrane and cause said blood plasma to flow in said first capillary channel (a specific surface arranged between said semi-permeable membrane and the first end of the first capillary channel and having hydrophobic, hydrophilic and surface tension properties in order to extract the blood plasma from the semi-permeable membrane and cause said blood plasma to flow in said first capillary channel – claim 1);
- the first capillary channel has determined dimensions between the fluidic connection of said storage chamber with the first capillary channel and said second end of said first capillary channel, in order to control the quantity of blood plasma when the first capillary channel is saturated with blood plasma (the first capillary channel has determined dimensions (L) between the fluidic connection of said storage reservoir (130) with the first capillary channel and said second end of said first capillary channel, in order to control the quantity of blood plasma when the first capillary channel is saturated with blood plasma – claim 1);
- the fluid contained in the storage chamber is a gas intended to entrain the blood plasma (the fluid contained in the storage reservoir is a reagent intended to be mixed with the blood plasma – claim 1);
- said storage chamber is arranged to:
contain a volume of gas which, when injected into the first capillary channel to entrain the blood plasma, ejects up to the entire fluid volume of blood plasma out of the first capillary channel (contain a volume of reagent greater than the sum of the fluid volumes that the first capillary channel and the mixing chamber can contain – claim 1);
have an actuator designed to induce a forced flow of said gas into the first capillary channel which entrains the blood plasma therein and causes it to flow through said flow outlet when said actuator is controlled after saturation of the first capillary channel with blood plasma (have an actuator designed to induce a forced flow of said reagent in the first capillary channel driving a flow of a homogenous plasma-reagent mixture through said flow outlet of the mixing chamber when said actuator is controlled after saturation of the first capillary channel with blood plasma – claim 1).
Regarding claim 2, ‘280 teaches Microfluidic device for obtaining a quantity of plasma according to claim 1, for which the first end of the first capillary channel is positioned substantially at the centre of said plasma collection module (for which the first end of the first capillary channel is positioned substantially at the centre of said plasma collection module – claim 2).
Regarding claim 3, ‘280 teaches Microfluidic device for obtaining a quantity of plasma according to claim 1,for which the collection module contains a membrane holder arranged in order to concentrate the blood on said semi-permeable membrane (for which the collection module contains a membrane holder arranged in order to concentrate the blood on said semi-permeable membrane – claim 3).
Regarding claim 4, ‘280 teaches Microfluidic device for obtaining a quantity of plasma according to claim 1, for which the specific surface is constituted by polymethyl methacrylate, a thermoplastic polymer, polyacrylamide, polyurethane,poly(hydroxyethyl acrylamide) or polyethylene glycol derivatives (for which the specific surface is constituted by polymethyl methacrylate, a thermoplastic polymer, polyacrylamide, polyurethane, poly(hydroxyethyl acrylamide) or polyethylene glycol derivative – claim 4).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TINGCHEN SHI whose telephone number is (571)272-2538. The examiner can normally be reached M-F 9am-6pm.
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/T.C.S./Examiner, Art Unit 1796
/CHARLES CAPOZZI/Supervisory Patent Examiner, Art Unit 1798
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