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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-19 in the reply filed on 5/19/2026 is acknowledged.
Claim Rejections - 35 USC § 102
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 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) 1-2 and 9-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sulchek (US 2019/0360909).
Regarding claim 1, Sulchek teaches a device for sorting cells comprising a flow channel (100) configured to pass a flow of liquid, wherein: the flow of liquid carries the biological cells to be sorted, the flow channel comprises at least one zone (183), each zone of the flow channel is associated with a cell category, and each zone of the flow channel comprises at least one surface coated with molecules (adhesion property) having an affinity and specificity to the cell category associated with the zone, the at least one surface of the zone being configured to modify, by the molecules coating the at least one surface, a movement of a biological cell belonging to an associated biological cell category of the zone as the cell, carried by the flow of liquid, passes the zone, whereby the at least one surface forms at least one cell movement modifying (CMM) surface; Sulchek teaches “a plurality of outlets 150a, 150b for collecting sorted portions of the plurality of cells. FIG. 1b illustrates an exemplary three-outlet system where a first outlet 183a may collect a first portion of cells having a first adhesion property, a second outlet 183b may collect a second portion of cells having a second adhesion property, and a third outlet 183c may collect third portion of cells having a third adhesion property By having a multiple-outlet system and modes of secondary flow (e.g. relaxation spaces between subsequent compressive spaces), the presently described systems and methods can achieve high-throughput sorting of cells based on adhesion. In some embodiments, the microchannel 100 can comprise at least two outlets, at least three outlets, at least four outlets, at least five outlets, at least seven outlets, or at least 10 outlets.” (Refer to paragraph [0059]) a detector (flow cytometer) (Refer to Figures 3 and 4) configured to detect a biological cell exhibiting at least one modified movement in one zone of the flow channel, and to communicate a trigger signal based on the detection of the biological cell exhibiting the at least one modified movement; and an actuator configured to divert, based on the trigger signal, the detected biological cell within the flow of liquid in the flow channel. (Refer to paragraph [0093])
Regarding claim 2, the at least one zone of the flow channel comprises at least a first zone and a second zone, (Refer to paragraph [0059]) wherein a composition of the molecules coating the at least one CMM surface of the first zone differs from a composition of the molecules coating the at least one CMM surface of the second zone. (Refer to paragraph [0059] and [0093])
Regarding claim 9, a tracker (image device) configured to track the detected biological cell in the flow channel until the biological cell reaches the actuator.
Regarding claim 10, a light source configured to illuminate a biological cell in the flow channel such that an interference pattern is formed by interference between light being scattered by the illuminated biological cell and non-scattered light from the light source; and an image sensor configured to detect an image series that represents a time-sequence of interference patterns of the illuminated biological cell. (Refer to paragraph [0062])
Regarding claim 11, the detector is configured to detect a biological cell exhibiting at least one modified movement based on at least two interference patterns in the time-sequence of interference patterns of the illuminated biological cell. (Refer to Figures 4-7)
Regarding claim 12, the detector is configured to detect a biological cell exhibiting at least one modified movement based on partial holographic reconstructions of at least two interference patterns in the time-sequence of interference patterns of the illuminated biological cell. (Refer to Figures 4-7)
Regarding claim 13, the tracker (imaging device) is configured to track the detected biological cell by illuminating the detected biological cell and tracking the interference pattern of the illuminated biological cell between successive images in the image series representing the time-sequence of interference patterns of the illuminated biological cell.
Regarding claim 14, the tracker is configured to track the detected biological cell by illuminating the detected biological cell and tracking a partial holographic reconstruction of the interference pattern of the illuminated biological cell between successive images in the image series representing the time-sequence of interference patterns of the illuminated biological cell. (Refer to Figures 4-7)
Regarding claim 15, the light source is configured to emit at least partially coherent light. (Refer to paragraph [0062])
Regarding claim 16, the actuator (electrodes) is configured to divert the detected biological cell within the flow of liquid in the flow channel by creating: an electric field within the flow of liquid; a jet flow within the flow of liquid by heating the liquid; or a surface acoustic wave along an inner surface of the flow channel. (Refer to Paragraph [0062])
Regarding claim 17, at least one zone of the flow channel comprises at least one obstacle (compression gaps), thereby forming at least one zone of obstacles, the at least one obstacle having a lateral surface configured to obstruct a path of the biological cell carried by the flow of liquid, the lateral surface of the at least one obstacle of the at least one zone of obstacles being comprised within the least one CMM surface of the at least one zone of obstacles. (Refer to paragraph [0039])
Regarding claim 18, the molecules coating at least one CMM surface of the at least one zone of the flow channel comprise at least one of: antibodies or aptamers. (Refer to paragraph [0063])
Regarding claim 19, the at least one CMM surface of at least one zone of the flow channel is configured to modify the movement of the biological cell belonging to the associated cell category of the zone by binding and releasing the biological cell belonging to the associated cell category of the zone. (Refer to paragraph [0063])
Allowable Subject Matter
Claims 3-8 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Prior art fails to teach the device is further configured to: detect a first movement and a second movement of a biological cell, wherein the first movement occurs in the first zone of the flow channel and a second movement occurs in the second zone of the flow channel, wherein at least one of the first movement and the second movement is a movement modified by a CMM surface of the first or second zone; and communicate the trigger signal based on the detection of the biological cell exhibiting the first movement and the second movement.
Conclusion
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/JYOTI Mutreja/Primary Examiner, Art Unit 1798
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