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 .
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.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 14 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 14, in view of the amendments to claim 1, include the new claim limitation “wherein the reference markings begin from the interface of the capillary pump and the fluid channel and extend away from the capillary pump” and “wherein the fluid channel further comprises a tapered or narrowed portion for substantially blocking passage of the species, substantially trapping the species”. Review of the originally filed disclosure appears to only provide support for an embodiment “wherein the fluid channel further comprises a tapered or narrowed portion for substantially blocking passage of the species, substantially trapping the species” and “wherein the reference markings begin from the tapered or narrowed portion of the fluid channel” (Fig. 12); and embodiment as recited in currently amended claim 1 (Fig. 13). As a result, the claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Response to Arguments
The rejections of Claims 1-4, 7, 10, 12 and 15-20 under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al. (US 2019/0336967); Claims 5, 6, 8, 9 and 11 under 35 U.S.C. 103 as being unpatentable over Chen et al. (US 2019/0336967) in view of Delamarche et al. (US 2019/0094178); and Claims 13 and 14 under 35 U.S.C. 103 as being unpatentable over Chen et al. (US 2019/0336967) have been withdrawn in view of the amendments to claim 1 and related comments on pages 5-7 of the response dated 7/7/2026.
Allowable Subject Matter
Claims 1, 3, 4, 6-13 and 17-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Claims 1, 3, 4, 6-13 and 17-20 would be allowable because the prior art of record fails to teach or fairly suggest a microfluidic device for facilitating visual determination of a species in a sample solution, in the claimed environment or scope of claim, that includes a capillary pump and reference markings, wherein the reference markings begin from the interface of the capillary pump and the fluid channel and extend away from the capillary pump. The prior art references of Chen et al. (US 2019/0336967) alone and in combination with Delamarche et al. (US 2019/0094178) fails to teach or fairly suggest the limitations of claim 1 for the reasons articulated by Applicants on pages 5-7 of the response dated 7/7/2026.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 WILLIAM H BEISNER whose telephone number is (571)272-1269. The examiner can normally be reached on Mon-Fri from 8am to 5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL A MARCHESCHI, can be reached at telephone number (571)272-1374. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/William H. Beisner/
Primary Examiner
Art Unit 1799
WHB
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