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
Applicant’s election without traverse of Group I, claims 1-12, in the reply filed on 05/13/26 is acknowledged.
Claim Objections
Claim 8 is objected to because of the following informalities:
In line 4, “a cross sectional area of the compensating microfluidic channel” should be “[[a]]the cross sectional area of the compensating microfluidic channel”.
Applicant is advised that should claim 1 be found allowable, claim 11 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Appropriate correction is required.
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) 1-9 and 11-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blakenstein (US 20050249641 A1) as cited in the previous Office Action.
Regarding claims 1 and 11, Blankenstein discloses a microfluidic system (151, Fig. 6) for compensation of evaporation of liquid from channels, the system comprising:
a compensating microfluidic channel (channel in between 157a and 154) having a first end (154) arranged for hindering capillary driven flow of a liquid out from the compensation microfluidic channel via the first end, and, a second end (157a), being connected to a first microfluidic channel (153),
a sample manipulation portion comprising a plurality of outlet channels (155, 156),
wherein each outlet channel ends in a respective stop valve (155b, 156b),
wherein the first microfluidic channel connects to the sample manipulation portion, thereby being in fluidic connection with the plurality of outlet channels (155 and 156 are in fluidic communication with 153),
wherein each outlet channel of the plurality of outlet channels is arranged to exert a retention capillary pressure on the liquid (At each branching point (155 a, 156 a, 157 a), a portion of the liquid enters the capillaries (155, 156, 157) by means of capillary force and fills these to the respective capillary stop (155 b, 156 b, 157 b). The excess of liquid introduced into the inlet flows into outlet (154). As soon as all of the liquid introduced into the inlet has left the inlet, the end of the liquid stream passes sequentially the start of the capillaries (155, 156, 157). Para. [0351]), and
the compensating microfluidic channel is arranged to exert a retention capillary pressure on the liquid (The liquid to be manipulated flows by means of capillary force through capillary (153) toward the outlet (154). Para. [0351]).
The limitation of “wherein the retention capillary pressure of each outlet channel is larger than the retention capillary pressure of the compensating microfluidic channel, such that the liquid flows from the compensating microfluidic channel towards the sample manipulation portion if liquid evaporates from one or more of the plurality of outlet channels at the respective stop valve, thereby compensating for evaporation of the liquid from the plurality of outlet channels at the respective stop valve” is a functional recitation. Manner of operating an apparatus does not differentiate apparatus claim from the prior art. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim (MPEP 2114, II). A recitation of intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Moreover, Blakenstein discloses the retention capillary pressure of each outlet channel is larger than the retention capillary pressure of the compensating microfluidic channel, such that the liquid flows from the compensating microfluidic channel towards the sample manipulation portion if liquid evaporates from one or more of the plurality of outlet channels at the respective stop valve, thereby compensating for evaporation of the liquid from the plurality of outlet channels at the respective stop valve (The first capillary (153), which extends to outlet chamber (154), begins at inlet chamber (152). For example, three second capillaries (155, 156, 157) branch off from the first capillary (153). The cross section of each second capillary is smaller at its beginning (155 a, 156 a, 157 a) than the cross section of the first capillary in the area of the branching point. Each second capillary extends to its end (155 b, 156 b, 157 b), at which there is a capillary jump, which acts as a capillary stop. Para. [0340]; also see para. [0346]).
Regarding claim 2, Blakenstein teaches the device of claim 1 as discussed above. Blakenstein teaches the first end of the compensating microfluidic channel is connected to a capillary stop valve, thereby arranged for hindering capillary driven flow of a liquid out from the compensation microfluidic channel via the first end (capillary jump, capillary stop; para. [0340]; Fig. 6).
Regarding claim 3, Blakenstein teaches the device of claim 1 as discussed above. Blakenstein discloses the microfluidic system further comprises a second microfluidic channel (157) comprising a sample inlet (157c) arranged for introduction of sample liquid into the second microfluidic channel and for hindering capillary driven flow of liquid out from the second microfluidic channel via the sample inlet, the second microfluidic channel branching off into the compensating microfluidic channel and the first microfluidic channel (see paragraphs [0340], [0344], [0345] and figure 6).
Regarding claim 4, Blakenstein teaches the device of claim 3 as discussed above. Blakenstein discloses the sample inlet is connected to a capillary stop valve, thereby arranged for hindering capillary driven flow of a liquid out from the second microfluidic channel via the sample inlet (see paragraph [0340] and figure 6).
Regarding claim 5, Blakenstein teaches the device of claim 1 as discussed above. Blakenstein teaches it teaches that the compensating microfluidic channel comprises a sample inlet (158) at the first end (see paragraph [0344] and figure 6).
Regarding claim 6, Blakenstein teaches the device of claim 3 as discussed above. Blakenstein teaches the second microfluidic channel is arranged to exert a first retention capillary pressure on the liquid (para. [0340] and [0344]),
wherein the first retention capillary pressure is larger than the retention capillary pressure of the compensating microfluidic channel (The second capillary (157) continues without a widened area from its beginning (157 a) to its end (157 b) in the wall of the capillary jump. Para. [0345]), such that the liquid flows from the compensating microfluidic channel towards the second microfluidic channel if the liquid evaporates from the sample inlet, thereby compensating for evaporation of the liquid from the second microfluidic channel at the sample inlet (see paragraphs [0340], [0344], [0345] and figure 6).
Regarding claim 7, Blakenstein teaches the device of claim 1 as discussed above. Blakenstein teaches that the plurality of outlet channels comprises a first outlet microfluidic channel (155) ending in a first stop valve (155b), and a second outlet microfluidic channel (156) ending in a second stop valve (156b);
wherein the first outlet microfluidic channel is arranged to exert a second retention capillary pressure on the liquid (para. [0340]),
wherein the second outlet microfluidic channel is arranged to exert a third retention capillary pressure on the liquid (para. [0340]),
wherein the second capillary pressure is larger than the retention capillary pressure of the compensating microfluidic channel, such that the liquid flows from the compensating microfluidic channel towards the first outlet microfluidic channel, if liquid evaporates from the first outlet microfluidic channels at the first stop valve, thereby compensating for evaporation of the liquid in the first outlet microfluidic channel at the first stop valve (para. [0341]-[0342]), and
wherein the third capillary pressure is larger than the retention capillary pressure of the compensating microfluidic channel, such that the liquid flows from the compensating microfluidic channel towards the second outlet microfluidic channel, if liquid evaporates from the second outlet microfluidic channels at the second stop valve, thereby compensating for evaporation of the liquid in the second outlet microfluidic channel at the second stop valve (see paragraphs [0345]-[0346] and figure 6).
Regarding claim 8, Blakenstein teaches the device of claim 1. Blakenstein teaches a cross sectional area of the compensating microfluidic channel is between 1.1 and 4.0 times larger than a cross sectional area of the first outlet microfluidic channel adjacent to the first stop valve (The cross-sectional area of the widened capillary is at least 10% greater than the cross-sectional area of the narrower capillary. Note: 10% greater is 1.1 times; para. [0068]), and
wherein a cross sectional area of the compensating microfluidic channel is between 1.1 and 4.0 times larger than the cross sectional area of the second outlet microfluidic channel adjacent to the second stop valve (see paragraphs [0068], [0194]).
Regarding claim 9, Blakenstein teaches the device of claim 1. Blakenstein teaches the microfluidic system further comprises a sample reservoir (157e) arranged for receiving sample fluid,
wherein the sample reservoir is connected to the sample inlet (see paragraph [0344] and figure 5).
Regarding claim 12, Blakenstein teaches the device of claim 11 as discussed above. Blakenstein teaches the diagnostic device is arranged (“arranged” is interpreted as “configured”) to analyse the sample liquid (see paragraphs [0002], [0022], [0354])
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) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Blakenstein.
Regarding claim 10, Blakenstein discloses the device of claim 1. Blakenstein does not explicitly discloses the compensating microfluidic channel is made of a first material, the first microfluidic channel is made of a second material, and the second outlet microfluidic channel is made of a second material.
Blakenstein discloses the precision of capillary height/channel dimension can varied based on material used. Blakenstein discloses capillary gap can constitute down to 0.1 microns for metal material and 1 micron or more in the case of plastics (para. [0125]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have routinely experimenting the material selection of device of Blakenstein to derive the claimed invention in order to optimize the dimension for flow manipulation (The height can be determined by the dimensions of the smallest particles, dispersed in the liquid to be manipulated. The width of the capillary gap is largely as desired. The throughput of the liquid flowing through the capillary gap increases with increasing width of the capillary gap. Para. [0125]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICKEY HUANG whose telephone number is (571)272-7690. The examiner can normally be reached M-F 9:30-5:30 PM ET.
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/M.H./Examiner, Art Unit 1758
/MARIS R KESSEL/Supervisory Patent Examiner, Art Unit 1758
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