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 .
Response to Amendment
Applicant amended claims 1, 11, 17, and 27. Claims 1-27 are currently pending.
Response to Arguments
Applicant’s arguments, see page 10 of Applicant’s Remarks, filed 02/06/26, with respect to the rejection of claim 11 under 35 U.S.C. 112(b) have been fully considered and are persuasive in light of the amendment to claim 11. Therefore, the rejection has been withdrawn.
Applicant’s arguments, see pages 10-12 of Applicant’s Remarks, filed 02/06/26, with respect to the rejections of claims 1-6, 10-15, 17-22, and 24-27 under 35 U.S.C. 103 as being unpatentable over Roy in view of Cho, and of claims 7-9, 16, and 23 in further view of Laugharn have been fully considered and are not persuasive.
Applicant argues that the combination of Roy and Cho would not create the vortices resulting from the superposition of standing and travelling waves as claimed. However, the claims require that a superposition of standing and travelling waves is induced in the membrane(s) and are silent with respect any vortices resulting therefrom or any particular effect on gas transfer across the membrane. Furthermore, as discussed below, Cho teaches an oscillator system that results in microstreaming flow due to both oscillation of a membrane and oscillation of bubble arrays in or on the membrane (¶0036, 0044-0045, 0048, 0050-0052). The present application indicates that microstreaming flow is linked with a superposition of standing and travelling waves in a membrane (Present specification: ¶0053 and 0059-0063). Therefore, even if the combination of Roy and Cho is silent with respect to the oscillator creating a superposition of standing and travelling waves in the membrane(s) as claimed, the oscillator system of the device suggested by Roy in view of Cho would be expected to inherently produce such a superposition in the membrane. Please see MPEP §2112.
Claim Rejections - 35 USC § 103
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 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 1-6, 10-15, 17-22, and 24-27 are rejected under 35 U.S.C. 103 as being unpatentable over Roy et al. (US 2020/0397967 A1) in view of Cho et al. (US 2019/0022294 A1).
Regarding claim 1, Roy discloses a device (Fig. 20, feat. 2000; ¶0106), comprising: a housing (Fig. 20, feats. 2010, 2012, 2014, 2020, 2022, 2024, and 2030: inlets 2012, 2014, 2022, and 2024, channels 2010 and 2020, and membrane 2030 are defined in an unlabeled casing); a gas inlet in connection with the housing (2022); a gas outlet in connection with the housing (2024); a liquid inlet in connection with the housing (2012); a liquid outlet in connection with the housing (2014), one or more gas exchange units within the housing (2010, 2020, 2030), each gas exchange unit comprising a gas channel within the housing and in fluid connection with the gas inlet and with the gas outlet (2020); and either a first liquid channel in fluid connection with the liquid inlet and with the liquid outlet (2010) or the first liquid channel and a second liquid channel in fluid connection with the liquid inlet and with the liquid outlet, the first liquid channel (2010) being positioned adjacent to the gas channel on first side thereof (2020), the second liquid channel, when present, being positioned adjacent to the gas channel on a second side thereof, opposite the first side, the first liquid channel (2010) being separated from the gas channel (2020) via a first gas-permeable membrane so that gas may transport between the first liquid channel and the gas channel via the first gas permeable membrane (Fig. 20, feat. 2030; ¶0106; Fig. 3A, feat. 330; ¶0064-0080), the second liquid channel, when present, being separated from the gas channel via a second gas-permeable membrane so that gas may transport between the second liquid channel and the gas channel via the second gas-permeable membrane; the first gas-permeable membrane (Fig. 3A, feat. 330; ¶0064 and 0076) being connected to a surface of a rigid substrate system (Fig. 3A, feat. 220; ¶0064 and 0078) so that the first gas-permeable membrane extends beyond a first edge of the rigid substrate system to span a space between the gas channel and the first liquid channel (Fig. 3A: membrane 330 extends between opposing edges of and over the pores in the rigid substrate 220 and therefore extends beyond an edge of the substrate), the second gas-permeable membrane, when present, being connected to a surface of the rigid substrate system so that the second gas-permeable membrane extends beyond a second edge of the rigid substrate system to span a space between the gas channel and the second liquid channel.
Roy does not disclose an oscillator system comprising one or more oscillators in operative connection with the rigid substrate system, the oscillator system being configured to induce oscillation in the rigid substrate system and thereby in the first gas-permeable membrane along a length of the first gas-permeable membrane spanning the gas channel to create a superposition of standing and travelling waves therein and in the second gas-permeable membrane along a length of the second gas-permeable membrane spanning the gas channel to create a superposition of standing and travelling waves therein, where present.
Cho teaches a gas exchange device (Figs. 4A-B, feat. 300; ¶0043-0045) comprising a PDMS membrane (Figs. 3A, 4A-B, and9 feat. 100; ¶0042-0043 and 0050) mounted on a rigid substrate (Figs. 4A-B and 9, feat. 310; ¶0043), in a similar manner to the PDMS membrane of Roy (Roy: Fig. 3A, feat. 330; ¶0064 and 0076) on the rigid substrate of Roy (Roy: Fig. 3A, feat. 220; ¶0064 and 0078). Cho further teaches a piezoelectric actuator (Fig. 4A, feat. 370) attached to the rigid substrate which induces oscillations in the rigid substrate and membrane (¶0043-0045 and 0048-0050). Cho teaches that inducing oscillations in the membrane advantageously enhances gas transport across the membrane (¶0039). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the device disclosed by Roy so that it includes an oscillator system comprising one or more oscillators in operative connection with the rigid substrate system, the oscillator system being configured to induce oscillation in the rigid substrate system and thereby in the first gas-permeable membrane along a length of the first gas-permeable membrane spanning the gas channel and in the second gas-permeable membrane along a length of the second gas-permeable membrane spanning the gas channel in order to enhance gas transport across the membrane as taught by Cho.
Cho does not explicitly teach that the oscillator system is configured to create a superposition of standing and travelling waves in the first gas-permeable membrane as claimed. However, Cho teaches that the oscillator system produces oscillations that resulting in microstreaming flow (¶0036) due to both oscillation of the membrane itself (¶0036 and 0050-0051) and oscillations of bubble arrays in or on the membrane (¶0036, 0044-0045, 0048, and 0052). The present application indicates that microstreaming flow is linked with a superposition of standing and travelling waves in a membrane (Present specification: ¶0053 and 0059-0063). Therefore, in the gas exchange device taught by Cho, and the device suggested by Roy in view of Cho, the oscillator system inherently crates a superposition of standing and travelling waves in the first gas-permeable membrane because it produces microstreaming flow. Please see MPEP §2112.
Regarding claim 2, Roy in view of Cho suggests the device of claim 1. Roy further teaches that the blood or liquid channel (Fig. 20, feat. 2010) may have a height between 0.01 mm and 2 mm (¶0108), which is a range of 10 µm to 2 mm. Therefore, Roy in view of Cho further suggests that the first liquid channel and the second liquid channel, when present, has a height no greater than 2 mm.
Regarding clams 3-5, Roy in view of Cho suggests the device of claim 2. Roy further teaches that the blood or liquid channel (Fig. 20, feat. 2010) may have a height between 0.01 mm and 2 mm (¶0108), which is a range of 10 µm to 2 mm. This prior art range overlaps the claimed range of a height of at least 50 µm, with respect to claim 3, a height of at least 200 µm, with respect to claim 4, or a height in the range of 200 µm to 1 mm, with respect to claim 5. Therefore, a prima facie case exists for the claimed ranges. Please see MPEP §2144.05(I). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the device suggested by Roy in view of Cho so that the first liquid channel and the second liquid channel, when present, has a height of at least 50 µm, with respect to claim 3, so that the first liquid channel and the second liquid channel, when present, has a height of at least 200 µm, with respect to claim 4, or so that the first liquid channel and the second liquid channel, when present, has a height in the range of 200 µm to 1 mm, with respect to claim 5.
Regarding claim 6, Roy in view of Cho suggests the device of claim 2. Cho further teaches that the oscillator may induce oscillations with a frequency of 1 kHz or higher (¶0005 and 0048). This overlaps the claimed range of 1 kHz to 20 kHz. Therefore, a prima facie case exists for the claimed range. Please see MPEP §2144.05(I). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the device suggested by Roy in view of Cho so that a frequency of oscillation of each of the one or more oscillators is controlled to be in the range of 1 kHz to 20 kHz.
Regarding claim 10, Roy in view of Cho suggests the device of claim 2. Roy further discloses that the flow of blood in the liquid channel may be substantially perpendicular to the flow of gas in the gas channel (¶0112). Therefore, Roy further discloses that a direction of bulk flow of gas through the gas channel is oriented generally perpendicular to bulk flow of liquid through the first channel and through the second liquid channel, when present.
Regarding claim 11, Roy in view of Cho suggests the device of claim 2. Roy further discloses that the first gas-permeable membrane (Fig. 3A, feat. 330; ¶0064) extends from a first edge of a first section of the rigid substrate system (Fig. 3A, eat. 220; ¶0064: membrane 330 extends between opposing edges of and over the pores in the rigid substrate 220 and therefore extends beyond an edge of a first section of the substrate), and the second gas-permeable membrane, when present, extends from a second edge of the first section of the rigid substrate system, which is opposite the first edge.
Regarding claim 12, Roy in view of Cho suggests the device of claim 2. Roy further discloses that a space between a first section of the rigid substrate system and a second section of the rigid substrate system forms the gas channel (Fig. 3A, feat. 220; ¶0064: rigid substrate 220 has opposing sections on the left and right and the gas is introduced on the same side of the membrane as the rigid substrate), the first gas permeable membrane being connected to the first section and to the second section of the rigid substrate system to span the gas channel (Fig. 3A, feat. 330).
Regarding claim 13, Roy in view of Cho suggests the device of claim 2. Roy further discloses a plurality of gas exchange units (¶0117).
Regarding claim 14, Roy in view of Cho suggests the device of claim 13. Roy further discloses that the plurality of gas exchange units are positioned in a stacked arrangement (¶0117).
Regarding claim 15, Roy in view of Cho suggests the device of claim 13. Cho teaches a single oscillator (Figs. 4A-B, feat. 370) attached to the rigid substrate (310) of a single membrane (100). Therefore, in device with a plurality of stacked gas exchange units as disclosed by Roy (¶0117), in which each gas exchange unit comprises its own membrane, each gas exchange unit would comprise its own oscillator. Therefore, Roy in view of Cho further suggests that each of the plurality of gas exchange units has a separate oscillator in operative connection with the rigid substrate thereof.
Regarding claim 17, Roy discloses a method of effecting gas exchange between a liquid and a sweep gas (¶0122-0132), comprising: providing a device (¶0122) comprising: a housing (Fig. 20, feats. 2010, 2012, 2014, 2020, 2022, 2024, and 2030: inlets 2012, 2014, 2022, and 2024, channels 2010 and 2020, and membrane 2030 are defined in an unlabeled casing); a gas inlet in connection with the housing (2022); a gas outlet in connection with the housing (2024); a liquid inlet in connection with the housing (2012); a liquid outlet in connection with the housing (2014), one or more gas exchange units within the housing (2010, 2020, 2030), each gas exchange unit comprising a gas channel within the housing and in fluid connection with the gas inlet and with the gas outlet (2020); and either a first liquid channel in fluid connection with the liquid inlet and with the liquid outlet (2010) or the first liquid channel and a second liquid channel in fluid connection with the liquid inlet and with the liquid outlet, the first liquid channel (2010) being positioned adjacent to the gas channel on first side thereof (2020), the second liquid channel, when present, being positioned adjacent to the gas channel on a second side thereof, opposite the first side, the first liquid channel (2010) being separated from the gas channel (2020) via a first gas-permeable membrane so that gas may transport between the first liquid channel and the gas channel via the first gas permeable membrane (Fig. 20, feat. 2030; ¶0106; Fig. 3A, feat. 330; ¶0064-0080), the second liquid channel, when present, being separated from the gas channel via a second gas-permeable membrane so that gas may transport between the second liquid channel and the gas channel via the second gas-permeable membrane; the first gas-permeable membrane (Fig. 3A, feat. 330; ¶0064 and 0076) being connected to a surface of a rigid substrate system (Fig. 3A, feat. 220; ¶0064 and 0078) so that the first gas-permeable membrane extends beyond a first edge of the rigid substrate system to span a space between the gas channel and the first liquid channel (Fig. 3A: membrane 330 extends between opposing edges of and over the pores in the rigid substrate 220 and therefore extends beyond an edge of the substrate), the second gas-permeable membrane, when present, being connected to a surface of the rigid substrate system so that the second gas-permeable membrane extends beyond a second edge of the rigid substrate system to span a space between the gas channel and the second liquid channel; passing liquid through the first liquid channel via the liquid inlet and the liquid outlet (¶0106, 0122, and 0124-0126); and passing gas through the gas channel via the gas inlet and the gas outlet (¶0106 and 0122-0123).
Roy does not disclose an oscillator system comprising one or more oscillators in operative connection with the rigid substrate system, the oscillator system being configured to induce oscillation in the rigid substrate system and thereby in the first gas-permeable membrane along a length of the first gas-permeable spanning the gas channel to create a superposition of standing and travelling waves therein and in the second gas-permeable membrane along a length of the second gas permeable membrane spanning the gas channel to create a superposition of stranding and travelling waves therein, when present.
Cho teaches a gas exchange device (Figs. 4A-B, feat. 300; ¶0043-0045) comprising a PDMS membrane (Figs. 3A, 4A-B, and9 feat. 100; ¶0042-0043 and 0050) mounted on a rigid substrate (Figs. 4A-B and 9, feat. 310; ¶0043), in a similar manner to the PDMS membrane of Roy (Roy: Fig. 3A, feat. 330; ¶0064 and 0076) on the rigid substrate of Roy (Roy: Fig. 3A, feat. 220; ¶0064 and 0078). Cho further teaches a piezoelectric actuator (Fig. 4A, feat. 370) attached to the rigid substrate which induces oscillations in the rigid substrate and membrane (¶0043-0045 and 0048-0050). Cho teaches that inducing oscillations in the membrane advantageously enhances gas transport across the membrane (¶0039). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the device of the method disclosed by Roy so that it includes an oscillator system comprising one or more oscillators in operative connection with the rigid substrate system, the oscillator system being configured to induce oscillation in the rigid substrate system and thereby in the first gas-permeable membrane along a length of the first gas-permeable membrane spanning the gas channel and in the second gas-permeable membrane along a length of the second gas-permeable membrane spanning the gas channel in order to enhance gas transport across the membrane as taught by Cho.
Cho does not explicitly teach that the oscillator system is configured to create a superposition of standing and travelling waves in the first gas-permeable membrane as claimed. However, Cho teaches that the oscillator system produces oscillations that resulting in microstreaming flow (¶0036) due to both oscillation of the membrane itself (¶0036 and 0050-0051) and oscillations of bubble arrays in or on the membrane (¶0036, 0044-0045, 0048, and 0052). The present application indicates that microstreaming flow is linked with a superposition of standing and travelling waves in a membrane (Present specification: ¶0053 and 0059-0063). Therefore, in the gas exchange device taught by Cho, and the device of the method suggested by Roy in view of Cho, the oscillator system inherently crates a superposition of standing and travelling waves in the first gas-permeable membrane because it produces microstreaming flow. Please see MPEP §2112.
Regarding claim 18, Roy in view of Cho suggests the method of claim 17. Roy further teaches that the blood or liquid channel (Fig. 20, feat. 2010) may have a height between 0.01 mm and 2 mm (¶0108), which is a range of 10 µm to 2 mm. Therefore, Roy in view of Cho further suggests that the first liquid channel and the second liquid channel, when present, has a height no greater than 2 mm.
Regarding clams 19-21, Roy in view of Cho suggests the method of claim 18. Roy further teaches that the blood or liquid channel (Fig. 20, feat. 2010) may have a height between 0.01 mm and 2 mm (¶0108), which is a range of 10 µm to 2 mm. This prior art range overlaps the claimed range of a height of at least 50 µm, with respect to claim 19, a height of at least 200 µm, with respect to claim 20, or a height in the range of 200 µm to 1 mm, with respect to claim 21. Therefore, a prima facie case exists for the claimed ranges. Please see MPEP §2144.05(I). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the method suggested by Roy in view of Cho so that the first liquid channel and the second liquid channel, when present, has a height of at least 50 µm, with respect to claim 19, so that the first liquid channel and the second liquid channel, when present, has a height of at least 200 µm, with respect to claim 20, or so that the first liquid channel and the second liquid channel, when present, has a height in the range of 200 µm to 1 mm, with respect to claim 21.
Regarding claim 22, Roy in view of Cho suggests the method of claim 18. Cho further teaches that the oscillator may induce oscillations with a frequency of 1 kHz or higher (¶0005 and 0048). This overlaps the claimed range of 1 kHz to 20 kHz. Therefore, a prima facie case exists for the claimed range. Please see MPEP §2144.05(I). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the method suggested by Roy in view of Cho so that a frequency of oscillation of each of the one or more oscillators is controlled to be in the range of 1 kHz to 20 kHz.
Regarding claim 24, Roy in view of Cho suggests the method of claim 18. Roy further discloses that the device comprises a plurality of gas exchange units (¶0117).
Regarding claim 25, Roy in view of Cho suggests the method of claim 24. Roy further discloses that the plurality of gas exchange units are positioned in a stacked arrangement (¶0117).
Regarding claim 26, Roy in view of Cho suggests the method of claim 18. Roy further discloses that the liquid is blood (¶0122 and 0124-0126) and the gas comprises oxygen (¶0122-0123 and 0127).
Regarding claim 27, Roy discloses a system comprising a plurality of devices (¶0117-0118), each of the plurality of devices comprising: a housing (Fig. 20, feats. 2010, 2012, 2014, 2020, 2022, 2024, and 2030: inlets 2012, 2014, 2022, and 2024, channels 2010 and 2020, and membrane 2030 are defined in an unlabeled casing); a gas inlet in connection with the housing (2022); a gas outlet in connection with the housing (2024); a liquid inlet in connection with the housing (2012); a liquid outlet in connection with the housing (2014), one or more gas exchange units within the housing (2010, 2020, 2030), each gas exchange unit comprising a gas channel within the housing and in fluid connection with the gas inlet and with the gas outlet (2020); and either a first liquid channel in fluid connection with the liquid inlet and with the liquid outlet (2010) or the first liquid channel and a second liquid channel in fluid connection with the liquid inlet and with the liquid outlet, the first liquid channel (2010) being positioned adjacent to the gas channel on first side thereof (2020), the second liquid channel, when present, being positioned adjacent to the gas channel on a second side thereof, opposite the first side, the first liquid channel (2010) being separated from the gas channel (2020) via a first gas-permeable membrane so that gas may transport between the first liquid channel and the gas channel via the first gas permeable membrane (Fig. 20, feat. 2030; ¶0106; Fig. 3A, feat. 330; ¶0064-0080), the second liquid channel, when present, being separated from the gas channel via a second gas-permeable membrane so that gas may transport between the second liquid channel and the gas channel via the second gas-permeable membrane; the first gas-permeable membrane (Fig. 3A, feat. 330; ¶0064 and 0076) being connected to a surface of a rigid substrate system (Fig. 3A, feat. 220; ¶0064 and 0078) so that the first gas-permeable membrane extends beyond a first edge of the rigid substrate system to space a space between the gas channel and the first liquid channel (Fig. 3A: membrane 330 extends between opposing edges of and over the pores in the rigid substrate 220 and therefore extends beyond an edge of the substrate), the second gas-permeable membrane, when present, being connected to a surface of the rigid substrate system so that the second gas-permeable membrane extends beyond a second edge of the rigid substrate system to span a space between the gas channel and the second liquid channel.
Roy does not disclose an oscillator system comprising one or more oscillators in operative connection with the rigid substrate system, the oscillator system being configured to induce oscillation in the rigid substrate system and thereby in the first gas-permeable membrane along a length of the first gas-permeable membrane spanning the gas channel and in the second gas-permeable membrane, when present, along a length of the second gas-permeable membrane spanning the gas channel.
Cho teaches a gas exchange device (Figs. 4A-B, feat. 300; ¶0043-0045) comprising a PDMS membrane (Figs. 3A, 4A-B, and9 feat. 100; ¶0042-0043 and 0050) mounted on a rigid substrate (Figs. 4A-B and 9, feat. 310; ¶0043), in a similar manner to the PDMS membrane of Roy (Roy: Fig. 3A, feat. 330; ¶0064 and 0076) on the rigid substrate of Roy (Roy: Fig. 3A, feat. 220; ¶0064 and 0078). Cho further teaches a piezoelectric actuator (Fig. 4A, feat. 370) attached to the rigid substrate which induces oscillations in the rigid substrate and membrane (¶0043-0045 and 0048-0050). Cho teaches that inducing oscillations in the membrane advantageously enhances gas transport across the membrane (¶0039). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the device disclosed by Roy so that it includes an oscillator system comprising one or more oscillators in operative connection with the rigid substrate system, the oscillator system being configured to induce oscillation in the rigid substrate system and thereby in the first gas-permeable membrane along a length of the first gas-permeable membrane spanning the gas channel and in the second gas-permeable membrane, when present, along a length of the second gas-permeable membrane spanning the gas channel in order to enhance gas transport across the membrane as taught by Cho.
Claims 7-9, 16, and 23 are rejected under 35 U.S.C. 1-3 as being unpatentable over Roy in view of Cho and in further view of Laugharn et al. (US 2010/0124142 A1).
Regarding claim 7, Roy in view of Cho suggests the device of claim 2, but does not disclose that a wavelength of oscillation induced in the first gas-permeable membrane is greater than any dimension of the first liquid channel and greater than any dimension of the second liquid channel, when present.
Laugharn teaches microfluidic devices employing acoustic energy sources for controlling mixing and fluid movement (¶0003-0008), including devices which employ acoustic microstreaming (Fig. 10; ¶0033, 0042, and 0222), the same phenomenon employed in the teachings of Cho (Cho: ¶0006, 0036, and 0039). Laugharn teaches that 1 kHz acoustic waves with wavelengths of about 1 meter are suitable for applications that don’t require focused acoustic fields (¶0053), such as those applications which include selectively located nucleation features (Fig. 10, feats. 1006a-b; ¶0206, 0212, and 0222). The composite membrane of the device of Roy (Roy: Fig. 3A, feat. 300), and therefore the modified device of Roy in view of Cho, includes a number of struts defining micropores for gas exchange (Roy: ¶0067), which would act as nucleation features due to being defects in the surface (Laugharn: Fig. 8; ¶0207). Laugharn teaches that employing unfocussed, high wavelength acoustic energy in conjunction with nucleation features advantageously allows cavitation and fluid control at lower energies (¶0053 and 0201). The wavelength of about 1 meter taught by Laugharn (Laugharn: ¶0053) is larger than any maximum dimension of the blood channel taught by Roy (Roy: ¶0108-0109). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the device suggested by Roy in view of Cho so that a wavelength of oscillation induced in the first gas-permeable membrane is greater than any dimension of the first liquid channel and greater than any dimension of the second liquid channel, when present in order to allow for cavitation and fluid control at lower energies as taught by Laugharn.
Regarding claims 8-9, Roy in view of Cho suggests the device of claim 6, but does not disclose that a wavelength of oscillation is at least 10 times the dimension of the first liquid channel in the direction in which waves oscillate through the first gas-permeable membrane, and at least 10 times the dimension of the second liquid channel, when present, in the direction in which waves oscillate through the second gas permeable membrane, with respect to claim 8, or that a wavelength of oscillation is at least 100 times the dimension of the first liquid channel in the direction in which waves oscillate through the first gas-permeable membrane, and at least 100 times the dimension of the second liquid channel, when present, in the direction in which waves oscillate through the second gas permeable membrane, with respect to claim 9.
As discussed above, Laugharn teaches microfluidic devices employing acoustic energy sources for controlling mixing and fluid movement (¶0003-0008), including devices which employ acoustic microstreaming (Fig. 10; ¶0033, 0042, and 0222), the same phenomenon employed in the teachings of Cho (Cho: ¶0006, 0036, and 0039). Laugharn teaches that 1 kHz acoustic waves with wavelengths of about 1 meter are suitable for applications that don’t require focused acoustic fields (¶0053), such as those applications which include selectively located nucleation features (Fig. 10, feats. 1006a-b; ¶0206, 0212, and 0222). The composite membrane of the device of Roy (Roy: Fig. 3A, feat. 300), and therefore the modified device of Roy in view of Cho, includes a number of struts defining micropores for gas exchange (Roy: ¶0067), which would act as nucleation features due to being defects in the surface (Laugharn: Fig. 8; ¶0207). Laugharn teaches that employing unfocussed, high wavelength acoustic energy in conjunction with nucleation features advantageously allows cavitation and fluid control at lower energies (¶0053 and 0201). The wavelength of about 1 meter taught by Laugharn (Laugharn: ¶0053) is about 3.3 to 2,000 times any of the dimensions of the blood channel of Roy (Roy: ¶0108-0109), including the dimension of the direction in which the waves oscillate through the gas-permeable membrane in the modified device of Roy in view of Cho. This overlaps the claimed range of at least 10 times the dimension of the liquid channel, with respect to claim 8, and the claimed range of at least 1000 times the dimension of the liquid channel, with respect to claim 9. Therefore, a prima facie case exists for the claimed ranges. Please see MPEP §2144.05(I). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the device suggested by Roy in view of Cho so that a wavelength of oscillation is at least 10 times the dimension of the first liquid channel in the direction in which waves oscillate through the first gas-permeable membrane, and at least 10 times the dimension of the second liquid channel, when present, in the direction in which waves oscillate through the second gas permeable membrane, with respect to claim 8, or that a wavelength of oscillation is at least 100 times the dimension of the first liquid channel in the direction in which waves oscillate through the first gas-permeable membrane, and at least 100 times the dimension of the second liquid channel, when present, in the direction in which waves oscillate through the second gas permeable membrane, with respect to claim 9, in order to allow for cavitation and fluid control at lower energies at taught by Laugharn.
Regarding claim 16, Roy in view of Cho suggests the device of claim 13, but does not disclose that the oscillator is in operative connection with rigid substrate of more than one of the plurality of gas exchange units.
As discussed above, Laugharn teaches microfluidic devices employing acoustic energy sources for controlling mixing and fluid movement (¶0003-0008), including devices which employ acoustic microstreaming (Fig. 10; ¶0033, 0042, and 0222), the same phenomenon employed in the teachings of Cho (Cho: ¶0006, 0036, and 0039). Laugharn further teaches that a single acoustic source may provide acoustic energy to multiple samples simultaneously in order to process them in a high-throughput manner (¶0045-0047). As discussed above, Cho teaches that the oscillator (Cho: Figs. 4A-B, feat. 370) provides acoustic energy via a rigid substrate (310), and therefore to simultaneously provide acoustic energy to multiple samples, a single oscillator would be connected to the rigid substrates of multiple gas exchange units. Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the device suggested by Roy in view of Cho so that the oscillator is in operative connection with rigid substrate of more than one of the plurality of gas exchange units in order to provide acoustic energy to multiple samples simultaneously in order to process them in a high-throughput manner as taught by Laugharn.
Regarding claim 23, Roy in view of Cho suggests the method of claim 18, but does not disclose that a wavelength of oscillation induced in the first gas-permeable membrane is greater than any dimension of the first liquid channel and greater than any dimension of the second liquid channel, when present.
As discussed above, Laugharn teaches microfluidic devices employing acoustic energy sources for controlling mixing and fluid movement (¶0003-0008), including devices which employ acoustic microstreaming (Fig. 10; ¶0033, 0042, and 0222), the same phenomenon employed in the teachings of Cho (Cho: ¶0006, 0036, and 0039). Laugharn teaches that 1 kHz acoustic waves with wavelengths of about 1 meter are suitable for applications that don’t require focused acoustic fields (¶0053), such as those applications which include selectively located nucleation features (Fig. 10, feats. 1006a-b; ¶0206, 0212, and 0222). The composite membrane of the device of Roy (Roy: Fig. 3A, feat. 300), and therefore the modified device of Roy in view of Cho, includes a number of struts defining micropores for gas exchange (Roy: ¶0067), which would act as nucleation features due to being defects in the surface (Laugharn: Fig. 8; ¶0207). Laugharn teaches that employing unfocussed, high wavelength acoustic energy in conjunction with nucleation features advantageously allows cavitation and fluid control at lower energies (¶0053 and 0201). The wavelength of about 1 meter taught by Laugharn (Laugharn: ¶0053) is larger than any maximum dimension of the blood channel taught by Roy (Roy: ¶0108-0109). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the method suggested by Roy in view of Cho so that a wavelength of oscillation induced in the first gas-permeable membrane is greater than any dimension of the first liquid channel and greater than any dimension of the second liquid channel, when present in order to allow for cavitation and fluid control at lower energies as taught by Laugharn.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARJUNA P CHATRATHI whose telephone number is (571)272-8063. The examiner can normally be reached M-F 8:30-5:00.
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, Sarah Al-Hashimi can be reached at 5712727159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ARJUNA P CHATRATHI/Examiner, Art Unit 3781
/JESSICA ARBLE/Primary Examiner, Art Unit 3781
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