CTNF 18/557,285 CTNF 95459 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 08-25-01 AIA Applicant’s election without traverse of Group I, claims 1-9 in the reply filed on 04/30/2026 is acknowledged. 08-06 AIA Claim s 10-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention , there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/30/2026 . Information Disclosure Statement The information disclosure statement(s) (IDS) were submitted on: 11/10/2023 05/31/2024 Accordingly, the information disclosure statement(s) are being considered by the examiner. Claim Objections 07-29-01 AIA Claim s 5-9 are objected to because of the following informalities: Regarding claim 5 , in line 2, the term “the droplets” should be “the PCR-reagent-containing droplets” to refer back to the same language in independent claim 1. Regarding claim 6 , in line 1, the term “comprising a pump” should be “further comprising a pump”. Regarding claim 6 , in line 2, the term “the chamber outlet” should be “the outlet” to refer back to the same language in parent claim 5. Regarding claim 6 , in lines 2-3, the term “the droplets” should be “the PCR-reagent-containing droplets” to refer back to the same language in independent claim 1. Regarding claim 7 , in line 2, the term “the entirety” could be “an entirety”, but this is optional. Regarding claim 8 , in line 2, the term “the entirety” could be “an entirety”, but this is optional. Regarding claim 9 , in line 1, the term “comprising a detector” should be “further comprising a detector”. Regarding claim 9 , in line 2, the term “the droplets” should be “the PCR-reagent-containing droplets” to refer back to the same language in independent claim 1 . Appropriate correction is required. Claim Rejections - 35 USC § 112 07-30-02 AIA The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. 07-34-01 Claim 4 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claim 4 , in line 2, the phrase “of at least 50 μm” could either refer back to “the chamber [having] a dimension”, or, alternatively, the phrase could refer back to “the heating surface”. The limitation is currently written slightly unclearly and is therefore indefinite. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 07-15 AIA Claim s 1-4 and 7-9 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Hsieh (“Enhancement of thermal uniformity for a microthermal cycler and its application for polymerase chain reaction”) (previously cited from the International Search Report dated 12/10/2021 and filed 10/25/2023) . Regarding claim 1 , Hsieh discloses a droplet PCR system comprising: a chamber (pg. 851, under “2.5 Experimental setup”, “the chamber of the PCR chip”) having a heating surface (Fig. 2 “microheaters using Pt/Ti on a glass substrate” in caption, and pg. 850, under “2.2 Fabrication”, “platinum … is deposited and patterned … a molded PDMS open chamber is bonded on top of the glass slide to form the reaction chamber”); a droplet dispenser to dispense PCR-reagent-containing droplets into the chamber (pg. 851, under “2.5 Experimental setup”, “a pipette was used to load samples”); a heater (Fig. 2 “microheaters using Pt/Ti on a glass substrate”) disposed onto the heating surface of the chamber (pg. 850, under “2.2 Fabrication”, Pt/Ti is disposed on the glass substrate and is in contact with the glass on top that forms the bottom of the open chamber made from PDMS) to heat a layer of fluid adjacent the heating surface (pg. 851 under “2.5 Experimental setup”, “20-μl of the sample mixture and 20-μl of mineral oil were first loaded into the PCR chamber”); and a controller (Fig. 4, “PCR thermocycle controller” left large block controls right large block that includes “Active-compensated heaters” and “Main heaters (Array-type)” and pgs. 850-851 under “2.3. Thermal cycler control system”, first paragraph, mainly “The main temperature control loop is composed of a readout circuit and a micro controller”) to control the heater to produce a pulsed heat flux (Fig. 9 “thermal cycling profile … heating/cooling rate is up to 20/10℃/s” and pg. 854 under “3.3. PCR verification”, first paragraph). PNG media_image1.png 362 446 media_image1.png Greyscale Hsieh, Figs. 2(a)-2(d) Regarding claim 2 , Hsieh discloses wherein the chamber is filled with a carrier fluid (pg. 851 under “2.5. Experimental setup”, “mineral oil”). Regarding claim 3 , Hsieh discloses wherein the droplet dispenser (pg. 851, under “2.5 Experimental setup”, “a pipette was used to load samples”) dispenses aqueous droplets (pg. 851 under “2.4. PCR reagents”, sample “mixture” is implicitly aqueous due to the reagents listed) and the carrier fluid is an oil (pg. 851 under “2.5. Experimental setup”, “mineral oil”). Additionally, the phrase “the droplet dispenser dispenses aqueous droplets” is a method of operating the device or an intended use of the invention. Regarding the limitation, the manner of operating or intended use of a claimed apparatus does not patentably distinguish it from the prior art. MPEP § 2114(II). The device of Hsieh would be fully capable of operating in this manner given its droplet dispenser. Regarding claim 4 , Hsieh discloses wherein the chamber (pg. 851, under “2.5 Experimental setup”, “the chamber of the PCR chip”) has a dimension taken perpendicularly to a portion of the heating surface of at least 50 μm (Fig. 2; pg. 850, under “2.2 Fabrication”, “chamber is 5.2 mm in diameter and 2 mm in height”). Regarding claim 7 , Hsieh discloses wherein the heating surface is a portion or the entirety of a bottom surface of the chamber (pgs. 850-851, under “2.2. Fabrication”, “the heating area [is] measured to be 6 mm × 6 mm”; Fig. 2 and caption; platinum (Pt) used for the microheaters). Regarding claim 8 , Hsieh discloses wherein the heating surface is a portion or the entirety of a side surface of the chamber (pgs. 849-850, under “2.1. Design”, “AC units” or “thermal compensation units” are on the edges of the heating area, to the sides of the main heating units; Fig. 1b and 1c; see also, pgs. 851-852, under “3.1. Three types of microheaters without heat sinks”, “3-dimensional (3-D) temperature profiles” and Fig. 5’s caption where the PCR chamber is located with respect to the heating surface). PNG media_image2.png 314 488 media_image2.png Greyscale Hsieh, Figs. 1(a)-1(c) Regarding claim 9 , Hsieh discloses comprising a detector to detect signals from the droplets (Fig. 11 and caption; pgs. 854-855, last paragraph of pg. 854 to first paragraph of pg. 855, fluorescence detection is inherently requiring a detector that can measure fluorescence densities of the PCR samples) . 07-15 AIA Claim s 1 and 4-9 are rejected under 35 U.S.C. 102( a)(1) and 102(a)(2 ) as being anticipated by Wu (WO 2018005843) (previously cited in the extended European search report dated 05/22/2024 and the Information Disclosure Statement filed 05/31/2024) . Regarding claim 1 , Wu discloses a droplet (paragraphs [0017] and [0032]) PCR system (paragraphs [0018]-[0021] and [0040]) comprising: a chamber (paragraph [0061]; Fig. 1A, element D “droplet” is in the space between elements 101 “lower plate” and 111 “upper plate”) having a heating surface (Fig. 1A, element 116 “thin films of dielectric material” and paragraph [0065]); a droplet dispenser (inherent to paragraphs [0021] and [0087] “thousands of droplets can be generated/dispensed and placed in the device”) to dispense PCR-reagent-containing droplets (paragraph [0021]) into the chamber (paragraph [0061]; Fig. 1A, element D “droplet” is in the space between elements 101 “lower plate” and 111 “upper plate”); a heater (Fig. 1A, element 113 “heating electrodes” and paragraphs [0063]-[0064]) disposed onto the heating surface of the chamber (Fig. 1A, element 116 “thin films of dielectric material” and paragraph [0065]) to heat a layer of fluid adjacent the heating surface (Fig. 1A, element D “droplet” and paragraphs [0032]-[0033]); and a controller (paragraph [0075], Fig. 4, elements 121 and 122 “two external temperature control modules”) to control the heater (paragraph [0056]) to produce a pulsed heat flux (paragraph [0058]). PNG media_image3.png 274 524 media_image3.png Greyscale Wu, Figs. 1A-1C Regarding claim 4 , Wu discloses wherein the chamber has a dimension taken perpendicularly to a portion of the heating surface of at least 50 μm (paragraph [0031]). Regarding claim 5 , Wu discloses wherein the chamber comprises an outlet to discharge the droplets out of the chamber (claim 16). Regarding claim 6 , Wu discloses comprising a pump (paragraph [0036] the pump is the driving force of “dielectrophoresis (DEP)”) and the chamber outlet (claim 16). Wu does not disclose comprising a pump and a connecting channel fluidly connected with the chamber outlet and the pump, wherein the pump drives the droplets out of the chamber through the connecting channel. Regarding claim 7 , Wu discloses wherein the heating surface is a portion or the entirety of a bottom surface of the chamber (Figs. 1A-1C, element 113 “heating electrodes” can heat the bottom surface; paragraph [0061] no limitation on the orientation of the device with respect to the horizontal). Regarding claim 8 , Wu discloses wherein the heating surface is a portion or the entirety of a side surface of the chamber (Figs. 1A-1C, element 113 “heating electrodes” can heat the bottom surface; paragraph [0061] no limitation on the orientation of the device with respect to the horizontal). Regarding claim 9 , Wu discloses comprising a detector to detect signals from the droplets (paragraphs [0052]-[0053]). Claim Rejections - 35 USC §§ 102 | 103 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-20-aia AIA 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. 07-23-aia AIA 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. 07-20-02-aia AIA This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 07-15 AIA Claim s 1-4 and 9 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Cumbie (US 20190119723) (newly cited); or, in the alternative, under 35 U.S.C. 103 as obvious over Cumbie (US 20190119723) (newly cited) . Regarding claim 1 , Cumbie discloses a droplet PCR system (paragraphs [0013] and [0060]; Fig. 6) comprising: a chamber (paragraphs [0025] “wells or selected features on the substrate” and [0045]; Fig. 3, element 300 “dPCR test sample”) having a heating surface (paragraph [0056] “the sample is placed on a thermal sink”); a droplet dispenser (paragraphs [0060]-[0062] and Fig. 6, element 660 “printhead”) to dispense PCR-reagent-containing droplets (paragraph [0019]) into the chamber (paragraph [0020]); a heater (paragraph [0056] “heater”) disposed onto the heating surface of the chamber (paragraph [0056] “a heating apparatus is rastered across the sample”) to heat a layer of fluid adjacent the heating surface (paragraph [0056]); and a controller (paragraph [0059] “processor”) to control the heater to produce a pulsed heat flux (paragraph [0057] “thermal cycling profile”). If it is deemed that the heater of Cumbie is not disposed “onto” the heating surface of the chamber, this would have been an obvious rearrangement of parts. This arrangement would have been obvious to one of ordinary skill in the art as an obvious matter of design choice and would not have modified the operation of the device. MPEP § 2144.04(VI)(C). It would have been obvious to one skilled in the art before the effective filing date to modify the system of Cumbie with the arrangement of a heater onto the heating surface of the chamber in order to heat the sample in an energy-effective manner for polymerase chain reaction. Alternatively, placing a heater “onto” the heating surface of the chamber would be obvious given the embodiment in Fig. 2 of Cumbie with a cover (Cumbie, element 240 “cover” and paragraphs [0038]) on top of the liquid sample (Cumbie, element 130 “aqueous droplets” and paragraphs [0038]-[0040]) in order to conduct ddPCR (Cumbie, paragraphs [0013]-[0014]). PNG media_image4.png 492 332 media_image4.png Greyscale Cumbie, Fig. 3 PNG media_image5.png 612 412 media_image5.png Greyscale Cumbie, Fig. 6 Regarding claim 2 , Cumbie discloses wherein the chamber is filled with a carrier fluid (paragraphs [0027]-[0028]; or, Fig. 2, element 120 “hydrophobic liquid”). Regarding claim 3 , Cumbie discloses wherein the droplet dispenser (paragraph [0033]) dispenses aqueous droplets (paragraph [0033]; Fig. 2, element 130 “aqueous droplet”) and the carrier fluid is an oil (paragraphs [0027] and [0034]). Additionally, the phrase “the droplet dispenser dispenses aqueous droplets” is a method of operating the device or an intended use of the invention. Regarding the limitation, the manner of operating or intended use of a claimed apparatus does not patentably distinguish it from the prior art. MPEP § 2114(II). The device of Cumbie would be fully capable of operating in this manner given its droplet dispenser. Regarding claim 4 , Cumbie discloses wherein the chamber has a dimension taken perpendicularly to a portion of the heating surface of at least 50 μm (paragraph [0028] “the layer of hydrophobic liquid (120) is between 0.050 and 2.5 millimeters thick”; at least 0.050 millimeters is inherently at least a 50 μm thick, hydrophobic layer held within the chamber). Regarding claim 9 , Cumbie discloses comprising a detector to detect signals from the droplets (paragraph [0058]) . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23-aia AIA 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. 07-20-02-aia AIA This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 07-21-aia AIA Claim s 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Wu (WO 2018005843) (previously cited in the extended European search report dated 05/22/2024 and the Information Disclosure Statement filed 05/31/2024) as applied to claim 1, in view of Cumbie (US 20190119723) (newly cited) . Regarding claim 2 , Wu discloses an immiscible fluid (paragraphs [0032]-[0033]). Wu does not disclose wherein the chamber is filled with a carrier fluid. Cumbie discloses wherein the chamber is filled with a carrier fluid (paragraphs [0027]-[0028]; or, Fig. 2, element 120 “hydrophobic liquid”). In the analogous art of methods of preparing test samples, it would have been obvious to one skilled in the art before the effective filing date to modify Wu’s system with the carrier fluid of Cumbie in order to suspend the aqueous droplet in the layer of hydrophobic liquid in a stable manner during PCR (Cumbie, paragraph [0023]). Regarding claim 3 , Wu discloses the droplet dispenser (inherent to paragraphs [0021] and [0087] “thousands of droplets can be generated/dispensed and placed in the device”) and aqueous droplets (paragraph [0039] “water” is included in the possible listed components of the sample solution). Wu does not disclose wherein the droplet dispenser dispenses aqueous droplets and the carrier fluid is an oil. Cumbie discloses wherein the droplet dispenser (paragraph [0033]) dispenses aqueous droplets (paragraph [0033]; Fig. 2, element 130 “aqueous droplet”) and the carrier fluid is an oil (paragraphs [0027] and [0034]). In the analogous art of methods of preparing test samples, it would have been obvious to one skilled in the art before the effective filing date to modify Wu’s system with the oil carrier fluid of Cumbie in order to suspend the aqueous droplet in the layer of oil in a stable manner during PCR (Cumbie, paragraphs [0023] and [0027]). Additionally, the phrase “the droplet dispenser dispenses aqueous droplets” is a method of operating the device or an intended use of the invention. Regarding the limitation, the manner of operating or intended use of a claimed apparatus does not patentably distinguish it from the prior art. MPEP § 2114(II). The device of Wu would be fully capable of operating in this manner given its droplet dispenser. Claims 5-6 are rejected under 35 U.S.C. 103 as unpatentable over Hsieh (“Enhancement of thermal uniformity for a microthermal cycler and its application for polymerase chain reaction”) (previously cited from the International Search Report dated 12/10/2021 and filed 10/25/2023) as applied to claim 1, further in view of Chiang (US 20220048031) (newly cited). Regarding claim 5 , Hsieh does not disclose wherein the chamber comprises an outlet to discharge the droplets out of the chamber. Chiang discloses wherein the chamber comprises an outlet to discharge the droplets out of the chamber (paragraph [0122]). In the analogous art of methods and compositions for detection of amplification products, it would have been obvious to one skilled in the art before the effective filing date to modify the system of Hsieh with the outlet of Chiang in order to transport droplets to a sensor, such as a electro-sensing element for impedance detection (Chiang, paragraph [0005]) to detect pathogenic DNA or RNA (Chiang, paragraph [0004]). Regarding claim 6 , Hsieh does not disclose comprising a pump and a connecting channel fluidly connected with the chamber outlet and the pump, wherein the pump drives the droplets out of the chamber through the connecting channel. Chiang discloses comprising a pump (paragraph [0337] “a pump that drives or selectively expels droplets”) and a connecting channel (paragraph [0337] “expels the droplets into the opening into the passageway”) fluidly connected with the chamber outlet (paragraph [0337] “the opening”) and the pump (paragraph [0337]), wherein the pump drives the droplets out of the chamber through the connecting channel (paragraph [0337] “the passageway”). In the analogous art of methods and compositions for detection of amplification products, it would have been obvious to one skilled in the art before the effective filing date to modify the system of modified Hsieh with the pump, connecting channel, and chamber outlet in order to transport droplets to a sensor, such as a electro-sensing element for impedance detection (Chiang, paragraph [0005]) to detect pathogenic DNA or RNA (Chiang, paragraph [0004]). Claims 5-6 are rejected under 35 U.S.C. 103 as unpatentable over Cumbie (US 20190119723) (newly cited) as applied to claim 1, further in view of Chiang (US 20220048031) (newly cited). Regarding claim 5 , Cumbie does not disclose wherein the chamber comprises an outlet to discharge the droplets out of the chamber. Chiang discloses wherein the chamber comprises an outlet to discharge the droplets out of the chamber (paragraph [0122]). In the analogous art of methods and compositions for detection of amplification products, it would have been obvious to one skilled in the art before the effective filing date to modify the system of Cumbie with the outlet of Chiang in order to transport droplets to a sensor, such as a electro-sensing element for impedance detection (Chiang, paragraph [0005]) to detect pathogenic DNA or RNA (Chiang, paragraph [0004]). Regarding claim 6 , Cumbie does not disclose comprising a pump and a connecting channel fluidly connected with the chamber outlet and the pump, wherein the pump drives the droplets out of the chamber through the connecting channel. Chiang discloses comprising a pump (paragraph [0337] “a pump that drives or selectively expels droplets”) and a connecting channel (paragraph [0337] “expels the droplets into the opening into the passageway”) fluidly connected with the chamber outlet (paragraph [0337] “the opening”) and the pump (paragraph [0337]), wherein the pump drives the droplets out of the chamber through the connecting channel (paragraph [0337] “the passageway”). In the analogous art of methods and compositions for detection of amplification products, it would have been obvious to one skilled in the art before the effective filing date to modify the system of modified Cumbie with the pump, connecting channel, and chamber outlet in order to transport droplets to a sensor, such as a electro-sensing element for impedance detection (Chiang, paragraph [0005]) to detect pathogenic DNA or RNA (Chiang, paragraph [0004]). Claim 7 is rejected under 35 U.S.C. 103 as unpatentable over Cumbie (US 20190119723) (newly cited) as applied to claim 1. Regarding claim 7 , Cumbie discloses the heating surface (paragraph [0056] “the sample is placed on a thermal sink”) and a bottom surface of the chamber (Fig. 2, element 110 “substrate”; paragraphs [0025]-[0026]). Cumbie does not disclose wherein the heating surface is a portion or the entirety of a bottom surface of the chamber. However, this would have been obvious given Cumbie’s use of an oven or a bath (Cumbie, paragraph [0056]). It would have been obvious to one skilled in the art before the effective filing date to modify the heating surface of Cumbie to be the bottom surface of the chamber of Cumbie in order to, for ease of use, place the bottom of the chamber containing the sample onto different heat blocks at predetermined temperatures that correlate to polymerase chain reaction (PCR) processes, or, for instance, put the bottom of the chamber containing the sample onto water baths for heating for various temperatures associated with PCR. Claim 8 is rejected under 35 U.S.C. 103 as unpatentable over Cumbie (US 20190119723) (newly cited) as applied to claim 1, in view of Hsieh (“Enhancement of thermal uniformity for a microthermal cycler and its application for polymerase chain reaction”) (previously cited from the International Search Report dated 12/10/2021 and filed 10/25/2023). Regarding claim 8 , Cumbie does not disclose wherein the heating surface is a portion or the entirety of a side surface of the chamber. However, this would have been an obvious rearrangement of parts. Regarding this limitation, rearrangement of parts would have been obvious to one of ordinary skill in the art as an obvious matter of design choice and would not have modified the operation of the device. MPEP § 2144.04(VI)(C). It would have been obvious to one skilled in the art before the effective filing date to modify the system of Cumbie with side surface heating in order to use the bottom of the well containing the droplet on the stage of a fluorescent microscope to observe PCR through the top of the well in a transparent manner without interrupting the light path with a heater, such as a heat block. Nevertheless, Hsieh discloses wherein the heating surface is a portion or the entirety of a side surface of the chamber (pgs. 849-850, under “2.1. Design”, “AC units” or “thermal compensation units” are on the edges of the heating area, to the sides of the main heating units; Fig. 1b and 1c; see also, pgs. 851-852, under “3.1. Three types of microheaters without heat sinks”, “3-dimensional (3-D) temperature profiles” and Fig. 5’s caption where the PCR chamber is located with respect to the heating surface). In the analogous art of thermal uniformity for microthermal cyclers for polymerase chain reaction, it would have been obvious to one skilled in the art before the effective filing date to modify the system of Cumbie with the heating surface being the side surface of the chamber as in Hsieh in order to enhance the thermal uniformity in the reaction region of the PCR chamber using active compensation (AC) microheater units (Hsieh, abstract and pg. 849, under “2.1. Design”, first paragraph). Additional Prior Art References 07-96 AIA The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure. European Search Report for EP-21939539 (newly cited) – This non-patent literature offers a written opinion and cites further prior art related to the prosecution of a family-related patent application. Supplementary European Search Report for EP-21939539 (newly cited) – This non-patent literature cites further prior art related to the prosecution of a family-related patent application . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN G ESPERON whose telephone number is 571-272-9807. The examiner can normally be reached 9 am - 6 pm Monday through Thursday, and 9 am - 6 pm every other Friday. 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, Michael Marcheschi can be reached at 571-272-1374. 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. Visit https://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. /N.G.E./Examiner, Art Unit 1799 /MICHAEL A MARCHESCHI/Supervisory Patent Examiner, Art Unit 1799 Application/Control Number: 18/557,285 Page 2 Art Unit: 1799 Application/Control Number: 18/557,285 Page 3 Art Unit: 1799 Application/Control Number: 18/557,285 Page 4 Art Unit: 1799 Application/Control Number: 18/557,285 Page 5 Art Unit: 1799 Application/Control Number: 18/557,285 Page 6 Art Unit: 1799 Application/Control Number: 18/557,285 Page 8 Art Unit: 1799 Application/Control Number: 18/557,285 Page 9 Art Unit: 1799 Application/Control Number: 18/557,285 Page 10 Art Unit: 1799 Application/Control Number: 18/557,285 Page 11 Art Unit: 1799 Application/Control Number: 18/557,285 Page 12 Art Unit: 1799 Application/Control Number: 18/557,285 Page 13 Art Unit: 1799 Application/Control Number: 18/557,285 Page 14 Art Unit: 1799 Application/Control Number: 18/557,285 Page 15 Art Unit: 1799 Application/Control Number: 18/557,285 Page 16 Art Unit: 1799 Application/Control Number: 18/557,285 Page 17 Art Unit: 1799 Application/Control Number: 18/557,285 Page 18 Art Unit: 1799 Application/Control Number: 18/557,285 Page 19 Art Unit: 1799 Application/Control Number: 18/557,285 Page 20 Art Unit: 1799
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