DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
2. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/22/2026 has been entered.
Claim Rejections - 35 USC § 103
3. 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 26, 27, 29-31, 35, 36, 43 are rejected under 35 U.S.C. 103 as being unpatentable over by Schroeder et al., (US 2021/0010919 A1) in view of Noll (US 3,728,032).
Regarding claim 26, Schroeder et al., disclose a flow cell for an analysis of objects in a liquid stream, the flow cell comprising: a flow cell body (110, Fig.2) having a chamber (Fig.2 shows the channel 200 being as an enclosed channel) therein defined by an inner surface of the flow cell body (110, see Fig.2), the flow cell body (110) having an inlet end (205, Fig.2) and an outlet end (207, Fig.2); the inlet end (205) of the flow cell body (110) being provided with a first fluid coupling member (210) having a flow passage therethrough (Figs.2, 4, and paragraph [0086], The channel 200 has firstly an inlet opening 205, through which fluid can flow in, and paragraph [0087], Directly adjoining the inlet opening 205, the channel 200 has an inlet portion 210); the outlet end (207) of the flow cell body (110, see Fig.2 or Fig.4) being provided with a second fluid coupling member (270) having a flow passage therethrough (paragraph [0095], The outlet portion 270 ends in an outlet end 207, through which the fluid can leave the channel 200 again);
a detection zone being defined within the chamber (paragraph [0076], detection zone, where the particles 55 in the fluid flow, are detected within the channel 200);
the flow cell body (110, Fig.2) comprising a first transparent portion (first viewing window 120, Figs. 1-3 and paragraph [0075]) through which light may enter the chamber to illuminate objects within the chamber (an enclosed channel 200 )(Fig.1, and paragraph [0075], the light beam 22 enters the enclosed channel 200 of measuring cell 100 through the first viewing window 120), and a second transparent portion (a second viewing window 130, Fig. 1) through which objects within the chamber may be imaged (40, Fig.1, and paragraph [0072], evaluation device 40 is typically formed as a detector, which can obtain information from the light beam 22, for example by image processing or image recognition);
wherein the chamber (200, Fig.2) comprises a first transition portion (220, Figs. 2, 4 and paragraph [0090], “form-changing portion”) adjacent the inlet end (205) of the flow cell body (110), the first transition portion (220, Fig.2 or Fig.4) comprising a smooth transition (paragraph [0024], the form-changing portion is a section in which a cross section of the channel changes into a slotted form, and [0089], in the form-changing portion 220, the cross section of the channel 200 changes from a circular form to a slotted form.) between the flow passage of the first fluid coupling member (210) and the inner surface of the flow cell body defining the chamber (see Fig.2), wherein the chamber (200, Fig.2) comprises a second transition portion (260, Fig. 4)(paragraph [0094], “the channel 200 has a further form-changing portion 260”) adjacent the outlet end (207) of the flow cell body (110), the second transition portion (260, Fig.4) comprising a smooth transition ([0094], “further form-changing portion 260. In this portion, the form of the cross section of the channel 200 changes once again from a slotted form to a circular form”) between the flow passage of the second fluid coupling member (270) and the inner surface of the flow cell body (110) defining the chamber (see Fig.2).
Schroeder et al., also disclose wherein the first and second transition portions (220, 260) each provide a smooth transition in the shape of the cross-section of the chamber (paragraphs 30-31, the form-changing portion 220 (the first transition portion) is where the “a cross section of the channel changes into a slotted form”, and paragraphs [0089], [0093], first the form-changing portion 220 changes from a circular form to a slotted form, then paragraph [0094], form-changing portion 260 changes from a slotted form to a circular form”, both smoothly) from the shape of the cross-section of the passage through the respective first and second fluid coupling members (210, 270) to the shape of the cross-section of the detection zone (240) within the chamber (200) (paragraph [0090], “In the diffuser portion 230, remains in a slotted form, but increases the size of its cross-sectional area”, and [0092], “Following the diffuser portion 230, a measuring portion 240 is formed”. The detection zone is the measurement portion 240).
Although Schroeder et al., disclose the “stepless” [0112], and continuous transition between the round and the slotted measuring zone ([0089], [0094]), Schroeder et al., do not explicitly disclose the detection zone having a rectangular cross-section, and the surface of both of the first and second transition portions has a single facet in both the longitudinal and circumferential directions as claimed. Noll, discloses the detection zone having a rectangular cross-section (see Fig.2 and col.4, lines 15-17, “sized windows 50, of quartz or the like, are tightly supported against the planar walls 48”, “and planar wall 48 in which the oval openings 44 are formed”, and “the light path itself is defined by a pair of opposed, longitudinally-extending, narrow oval openings 44, 44 communicating with the fluid path 35”. This is the zone or region through which light passes, indicating as the detection takes place within the chamber), having a rectangular cross-section (Figs. 4 and 5, “the light path comprises the major axis of the ellipse, and lines, 30-38, a pair of identical and cooperating mirror- image body members 55 and the inner wall 60 of each body member 55, is a perfectly planar surface”, showing that while the light path says “the ellipse”, it is built from two “perfectly planar surface”, and as shown in Fig.5, the windows 50 has a light path window, having flat walls 48 are flat and parallel, indicating that the detection zone within the light path window is rectangular, even if the side walls are curved, see reproduced Fig. 2 below), and the surface of both of the first and second transition portions (36, 38) has a single facet (the curves 40 and 42 or the gradual curve, see Fig. 2, col.4, lines 1-2, 53, “ Between the orifices 36 and 38, the cavity widens or tapers, preferably as a gradual curve, and the curves 40 and 42…free of steps or interruptions”.
) in both the longitudinal and circumferential directions (col. 3, lines 61-65 “tapers, preferably as a gradual curve, to a medial area. This outward taper varies in severity or degree in two perpendicular planes, one of which comprises the longitudinal plane”; and Col. 4, lines 1-3 “ the curve 40 in the longitudinal plane perpendicular to the light path, and lines 10-12 “a pair of circular-section end orifices which taper arcuately and outwardly into a cavity of elliptical section” indicates for the circumferential directions). Noll also discloses the first and second transition portions (36, 38) each providing a smooth transition in the shape of the cross-section of the chamber from the shape of the cross-section of the passage through the respective first and second fluid coupling members to the shape of the cross-section of the detection zone within the chamber (col. 3, lines 61-65 “tapers, preferably as a gradual curve.. curve 40 in the longitudinal plane perpendicular to the light path is of large radius and extremely gradual, and col.4, lines 53-54, providing a flow path which is total free of steps or interruptions”, and col.3, lines 62-64 Between the orifices 36 and 38, the cavity widens or tapers, preferably as a gradual curve, to a medial area or detection zone,). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Schroeder et al., by utilizing the teaching of Noll, to provide very smooth, continuous flow with “totally free of steps or interruptions”, which gives more accurate measurements.
Noll (US 3,728,032)
PNG
media_image1.png
356
209
media_image1.png
Greyscale
Regarding claim 27, Schroeder et al., in view of Noll, as discussed in claim 26, Schroeder et al., disclose the first fluid coupling member (210, Fig.4) and/or the second fluid coupling member (270, Fig.4) comprises a male coupling member (113) for engagement with a corresponding female coupling member (112, Fig. 2, and paragraph [0108]-[0110], the second main element 113 (male coupling member) fits into the first main element 112 (female coupling member) and screwed to it. As a result, the channel 200 is formed in its final, sealed form”).
Regarding claims 29 and 30, Schroeder et al., in view of Noll, as discussed in claim 26, Schroeder et al., disclose the first and second transparent portions (120 and 130, Fig. 1) being at the same distance from the inlet end and the outlet end of the flow cell body and being at the same distance from the inlet end (205) and the outlet end (207) of the flow cell body (110) (see Fig.1, the measuring cell 100 has a main body 110, through which a channel 200 extends having the inlet end 205 and outlet end 207. The first and second transparent portions 120, 130 are symmetrically located within the cell 100, and the distance between each portion to the inlet end is the same as the distance between each portion to the outlet end).
Regarding claim 31, Schroeder et al., in view of Noll, as discussed in claim 26, Schroeder et al., disclose the first transparent portion (120, Fig.1) being opposite the second transparent portion (130, Fig.1).
Regarding claim 35, Schroeder et al., in view of Noll, as discussed in claim 26, Schroeder et al., disclose the first transition portion extending up to 90% of the distance between the inlet end of the flow cell body and the inlet end of the detection zone (Figs.2- 4, the first transition portion 210 extends approximately from 1-25% of the distance which is still within the range).
Regarding claim 36, Schroeder et al., in view of Noll, as discussed in claim 26, disclose a flow cell as defined in claim 26; Schroeder et al., also disclose an imaging apparatus (40, Fig. Fig.1) for imaging objects in the liquid within the detection zone of the flow cell through the second transparent portion (130, Fig.1) of the flow cell body (Fig. 1 and paragraph [0072], evaluation device 40 is typically formed as a detector, which can obtain information from the light beam 22 through the window 130, for example by image processing or image recognition, and paragraph [0075], the light beam 22 enters the enclosed channel 200 of measuring cell 100 through the first viewing window 120 and paragraph [0076], detection zone is where the particles 55 in the fluid flow are detected within the channel 200); and
an illumination apparatus (light source having light beam 22) for generating light (22, Fig.1) to illuminate a liquid in the detection zone of the flow cell through the first transparent portion (120) of the flow cell body (paragraph [0075], the light beam 22 enters the channel 200 of measuring cell 100, where the particles 55 in the fluid flow are detected, through the first viewing window 120).
Regarding claim 43, Schroeder et al., in view of Noll, as discussed in claim 36, Schroeder et al., disclose the illumination apparatus (light source having light beam 22, Fig.1) comprises a pinhole (35, Fig.1 shows the diagram 35 having a pinhole or hole in the middle) through which light emitted by the light source (20) is caused to pass (see Fig.1).
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over by Schroeder et al., in view of Noll, and further in view of Cultraro (US 2007/0158152 A1).
Regarding claim 28, Schroeder et al., in view of Noll, as discussed in claim 26, do not disclose the first fluid coupling member and/or the second fluid coupling member being comprised in a cam and groove fluid coupling as claimed. Cultraro discloses a first fluid coupling member and/or a second fluid coupling member being comprised in a cam and groove fluid coupling (Fig. 5 and paragraph [0019]- [0020], a fluid coupling member (rotor 31) contains the groove and cam portion). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Schroeder et al., and Noll, by utilizing the teaching of Cultraro, in order to allow interlocking movement or fluid flow management in the system (Cultraro, [0021]).
Claims 34 and 44 are rejected under 35 U.S.C. 103 as being unpatentable over by Schroeder et al., in view of Noll.
Regarding claim 34, Schroeder et al., in view of Noll, as discussed in claim 26, do not disclose the surface of one or both of the first and second transition portions being defined by a smoothed curve function, preferably a polynomial basis function, more preferably a Bezier, Legendre, Chebyshev or Bernstein polynomial function as claimed. However, defining transition portions by smoothed curve function, preferably a polynomial basis function, more preferably a Bezier, Legendre, Chebyshev or Bernstein polynomial function are well known. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Schroeder et al., and Noll, accordingly provide more efficient fluid movement through the system.
Regarding claim 44, Schroeder et al., in view of Noll, as discussed in claim 43, do not disclose the diameter of pinhole as claimed. However, selecting a diameter of the pin hole for better controlling the amount and direction of light passing though the channel would have been obvious to one of ordinary skill in the art. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Schroeder et al., and Noll accordingly to provide better control to the amount and direction of light passing though the channel.
Claims 37-40 are rejected under 35 U.S.C. 103 as being unpatentable over by Schroeder et al., in view of Noll, and further in view of Wynn (US 2013/0215412 A1).
Regarding claim 37- 40, Schroeder et al. in view of Noll, as discuss in claim 36, Schroeder et al., disclose a detection zone is defined within the chamber of the flow cell body (paragraph [0076], detection zone, where the particles 55 in the fluid flow are detected within the channel 200), and the imaging apparatus comprises a line scan camera (paragraph [0006, “camera module”), but Schroeder et al. in view of Noll, do not disclose the depths of the detection as claimed. Wynn discloses different depths of the detection (paragraphs [0009], “a light source and an optical detector aligned with each other on an optical axis that passes through the passageway and the windows, a plurality of spacers interchangeably positioned on opposite sides of one of the windows for establishing different optical pathlengths between the windows”. This indicates that the system allows to measure fluid at different depths in the detection zone by adjusting the focus. Paragraphs [0031]- [0036], and [0049], the adjustment optical lengths and the alignment of the light source and detector measure the fluid at different depths in the detection zone). Also, selecting a depth dimension for the detection zone to optimize detection performance would have been obvious to one of ordinary skill in the art. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Schroeder et al and Noll, by utilizing the teaching of Wynn, in order to provide an optimal condition for accurate measurement in the system.
Claims 41-42 are rejected under 35 U.S.C. 103 as being unpatentable over by Schroeder et al., in view of Noll, in view of Ikehata (US 2019/0331581 A1).
Regarding claim 41, Schroeder et al. in view of Noll, as discussed in claim 36, Schroeder et al., disclose the imaging apparatus comprises an optical assembly (32/33, Fig. 1) and the optical assembly comprising a lens. Schroeder et al., and Noll fail to specify the lens being as telecentric lens as claimed. Ikehata discloses an optical assembly comprising a telecentric lens (Fig.4 and paragraph [0083], “The imaging part 30 includes a telecentric lens 32”). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Schroeder et al. and Noll, by utilizing the teaching of Ikehata, so that the objects at different depths can remain focus, leading to better measurement for the system.
Regarding claim 42, Schroeder et al., in view of Noll, as discussed in claim 36, Schroeder et al., disclose the illumination apparatus (light source having light beam 22, Fig.1) comprising an optical assembly, and the optical assembly comprising lens (31). Schroeder et al., and Noll, fail to specify the lens being as telecentric lens as claimed. Ikehata discloses illumination apparatus (40, Fig. 4) comprising an optical assembly, and the optical assembly comprising a telecentric lens (42)(see Fig.4 and paragraph [0087]). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Schroeder et al. and Noll, by utilizing the teaching of Ikehata, so that the objects at different depths can remain focus, leading to better measurement for the system.
Response to Argument
4. Applicant arguments filed on 01/22/2026 have been fully considered but they are not persuasive.
With respect to Applicant’s argument on page 7, regarding “Noll does not feature respective smooth transitions from the bores 24 and 28 to the inner cavity, nor is there any disclosure of the transitions having a single facet. Indeed, merely having a smooth tapering surface between the orifices 36 and 38 is not sufficient to meet the requirements of amended claim 26. Thus, each transition from this region is not smooth and is in fact interrupted by an edge and change in facet, and therefore is not the equivalent fluid couplings (bores 24 and 28)”. In response, Examiner disagrees. Under the Applicant’s own definition [0082] of the US20240175795A1, where a facet is a smoothed curve function. Noll discloses the “curve or gradual curve”, see Fig. 3 and col.4, lines 1-3, the curve 40 with “large radius”, does not have multiple facets; thus, under the definition of a facet being a smoothed curve function, the curve is a single facet.
Further, Noll explicitly discloses a transition of a flow cell path that is “totally free of steps or interruptions and has virtually ideal hydrodynamic configuration”, col.4, lines 54-55. If the path is “total free of steps or interruptions, there cannot be an “edge”, which is a step or interruption in curvature. Also, the orifices 36 and 38 are “that the two orifices correspond exactly to the inside diameter of the tubing 22”, Fig. 2 and col.3, lines 60-61. By matching the diameter and then widening preferably as a gradual curve, and the annular shoulder 26 whose depth is equal to the thickness of the inlet tubing wall to seat in the tube so that the internal flow path remains uninterrupted transition. Since the combination of Schroeder and Noll provide a flow cell having all the features of revised claim 26, including a single facet, and each transition from this region is smooth with total free of steps, so the rejection set forth above is proper.
Conclusion
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAI THI NGOC TRAN whose telephone number is (571)272- 3456. The examiner can normally be reached Monday-Friday: 9:00-5:30pm
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, GEORGIA EPPS can be reached on (571)272-2328. 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. Visithttps://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.
/M.T.T./Examiner, Art Unit 2878
/THANH LUU/Primary Examiner, Art Unit 2878