DETAILED ACTION
In application filed on 12/08/2023, Claims 1-2, 4, 7-8, 10-11, 13-16, 18-19, 21, 24, 39 and 43-47 are pending. The claim set submitted on 06/24/2026 is considered because this is the most recent claim set with some preliminary amendments. Claims 1-2, 4, 7-8, 10-11, 13-16, 18-19 and 21 are considered in the current office 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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/13/2024, 03/19/2025 and 06/25/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 06/24/2026 is acknowledged. Claims 21, 24, 39 and 43-47 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Groups, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/24/2026.
Group I, Claims 1-2, 4, 7-8, 10-11, 13-16, 18-19 and 21 are considered on the merits below.
Claim Objections
Claims 1 is objected to because of the following informalities:
Claim 1 recites “lumenized gel structure” in line 1 of the Claim. It appears that this limitation should be recited as “gel structure” for the purpose of consistency.
Appropriate correction is required from the Applicant.
Claim Rejections - 35 USC § 112
Claims 1-2, 4, 7-8, 10-11, 13-16, 18-19 and 21 are 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.
Claim 1 recites the limitations "a lumen" in lines 10 and 14.
Are these two recitations of “a lumen” the same? Applicant should provide clarification.
Applicant should provide clarification.
For the purpose of expedited prosecution, the limitation "a lumen" in line 14 of the Claim is interpreted by the Examiner as "the lumen".
Moreover, Claims 2, 4, 7-8, 10-11, 13-16, 18-19 and 21 are rejected by virtue of dependency on Claim 1.
Further, Claim 10 recites “a lumen” in lines 5 and 9.
Are these two recitations of “a lumen” the same as “ a lumen” in claim 1?
Applicant should provide clarification.
For the purpose of expedited prosecution, the limitation "a lumen" in lines 5 and 9 of the Claim is interpreted by the Examiner as "the lumen".
Claim 19 recites the limitation "the gel" in line 4. There is insufficient antecedent basis for this limitation in the claim.
For the purpose of expedited prosecution, the limitation "the gel" is interpreted by the Examiner as "the gel structure".
Claim Rejections - 35 USC § 103
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 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.
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.
Claims 1-2, 4, 6, 11, 13-16, 18-19 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over by Ingber et al. (US20150292988A1, submitted in IDS as WO2017003546A2 on 03/13/2024 in view of Vulto et al. (US20150238952A1, submitted in IDS as WO2014038943A1 on 03/19/2024).
Regarding Claim 1, Ingber teaches a method for creating a lumenized gel structure (Examiner interprets as “gel structure”) (See Para 0010… a three-dimensional, endothelial cell-lined lumen, e.g., with generally circular cross-sectional geometries, through a first permeable matrix (e.g., extracellular matrix gel such as collagen) disposed in a first microchannel to mimic the structure of blood vessels in vitro, thereby teaching “ the embodiment of gel structure”), comprising:
introducing a first liquid (See Para 0027…) providing the first chamber filled with a viscous solution of the first matrix molecules; See Para 0167…at least a portion of the first chamber filled with a viscous solution of first matrix molecules disposed therein,) comprising a gel precursor solution (referred to as first matrix molecule solution comprises collagen I [Para 0135]) into a microfluidic network (See Para 0167… at least a portion of the first chamber), the microfluidic network (See Para 0167… at least a portion of the first chamber) comprising a capillary pressure barrier (referred to as a membrane [Para 0011]) at a position generally defining a boundary (See Para 0011…a membrane located at an interface region…) between first (referred to as first chamber [Para 0011]) and second regions (referred to as second chamber [Para 0011]) of the microfluidic network (See Para 0011… a membrane located at an interface region between the first chamber and the second chamber to separate the first chamber from the second chamber,);
“allowing the first liquid (See Para 0027… providing the first chamber filled with a viscous solution of the first matrix molecules; See Para 0167…at least a portion of the first chamber filled with a viscous solution of first matrix molecules disposed therein,) to enter the first region (referred to as first chamber [Para 0011]) of the microfluidic network (See Para 0167… at least a portion of the first chamber ; Under BRI, the “at least a portion of the first chamber” has a first region) and align itself along the capillary pressure barrier (referred to as a membrane [Para 0011]), thereby forming a liquid-air meniscus of the first liquid (See Para 0211… meniscus of the liquid in the reservoir) at the boundary between first (referred to as first chamber [Para 0011]) and second regions (referred to as second chamber [Para 0011]) of the microfluidic network (See Para 0011… a membrane located at an interface region between the first chamber and the second chamber to separate the first chamber from the second chamber,).
forming a lumen ((See Para 0027…the lumen(s) can be formed by a process…) through the first liquid (See Para 0132… the solution of the first matrix molecules can have a viscosity of about 2 cP to about 40 cP.) by contacting the first liquid (‘a viscous solution of the first matrix molecules’) with a second liquid (See Para 0133… The fluid of a lower viscosity that is dispersed through the viscous solution of the first matrix molecules can vary with the viscosity of the viscous solution.) , wherein the second liquid (‘flowing at least one or more pressure-driven fluid(s) with low viscosity’) has a viscosity which is lower than the viscosity of the first liquid (See Para 0027… i) providing the first chamber filled with a viscous solution of the first matrix molecules; (ii) flowing at least one or more pressure-driven fluid(s) with low viscosity through the viscous solution to create one or more lumens each extending through the viscous solution; See Para 0132…the solution of the first matrix molecules can have a viscosity of about 2 cP to about 40 cP.; See Para 0133…The fluid of a lower viscosity that is dispersed through the viscous solution of the first matrix molecules can vary with the viscosity of the viscous solution.) ; and
allowing or causing the first liquid (‘the first matrix molecules ‘) to gelate to form a gel structure comprising a lumen (Examiner interprets as “the lumen”) therethrough (See Para 0027…the lumen(s) can be formed by a process comprising (i) providing the first chamber filled with a viscous solution of the first matrix molecules; (ii) flowing at least one or more pressure-driven fluid(s) with low viscosity through the viscous solution to create one or more lumens each extending through the viscous solution; and (iii) gelling, polymerizing, and/or crosslinking the viscous solution. Thus, one or a plurality of lumen(s) each extending through the first permeable matrix can be created; See Para 0167…c) gelling, polymerizing, and/or crosslinking the viscous solution in the first chamber, thereby forming a first permeable matrix comprising one or more lumens each extending therethrough).
Ingber does not teach “allowing the first liquid to enter the first region of the microfluidic network and align itself along the capillary pressure barrier, thereby forming a liquid-air meniscus of the first liquid at the boundary between the first and second regions of the microfluidic network”.
In the analogous art of an apparatus for controlling the shape and/or position of a moveable fluid-fluid meniscus, Vulto teaches “allowing the first liquid (See Abstract…moveable fluid-fluid meniscus, thereby teaching “first fluid” ) to enter the first region of the microfluidic network (referred to as first structure [Abstract]) and align itself along the capillary pressure barrier (See Abstract…a first structure defining a capillary pressure barrier along which the meniscus tends to align), thereby forming a liquid-air meniscus (See Abstract…fluid-fluid meniscus; Under BRI, Examiner submits that gases and liquids are fluids) of the first liquid at the boundary (See Abstract…the capillary pressure barrier and the meniscus defining a boundary in the volume between at least two sub-volumes) between the first and second regions (See Abstract… two sub-volumes) of the microfluidic network (referred to as an apparatus [Abstract])”.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Ingber to include ““allowing the first liquid to enter the first region of the microfluidic network and align itself along the capillary pressure barrier, thereby forming a liquid-air meniscus of the first liquid at the boundary between the first and second regions of the microfluidic network”, as taught by Vulto for the benefit of providing a capillary pressure barrier, the stability of which is drastically improved by having it subtend at both ends a downstream angle with a wall that is larger than 90°, by providing a second barrier orthogonal to the capillary pressure barrier that prevents the meniscus from obtaining its stretched state that is energetically most advantageous for barrier overflow (Vulto, Para 0019), allowing for controlling the shape and/or position of a moveable fluid-fluid meniscus (Vulto, Abstract).
Regarding Claim 2, the method of claim 1 is obvious over Ingber in view of Vulto.
Ingber teaches that the gel structure (See Para 0010… a three-dimensional, endothelial cell-lined lumen, e.g., with generally circular cross-sectional geometries, through a first permeable matrix (e.g., extracellular matrix gel such as collagen) disposed in a first microchannel to mimic the structure of blood vessels in vitro, thereby teaching “ the embodiment of gel structure”) comprises a first surface (See Annotated Fig 5B) facing the lumen (referred to as lumen [Para 0060; Fig. 7E, ref. 710; fig. 3A, ref. 290]) and a second surface (See Annotated Fig. 5B) facing the second region (referred to as second chamber [Para 0011, 0151; Fig. 5B, ref. 206]) of the microfluidic network (See Para 0167… at least a portion of the first chamber), wherein the gel structure (See Para 0010… a three-dimensional, endothelial cell-lined lumen, e.g., with generally circular cross-sectional geometries, through a first permeable matrix (e.g., extracellular matrix gel such as collagen) disposed in a first microchannel to mimic the structure of blood vessels in vitro, thereby teaching “ the embodiment of gel structure”) has a thickness between the first surface and the second surface (See Annotated Fig. 5B; the thickness is of a particular dimension (See Para 0151…The first chamber 204 and the second chamber 206 can each have a range of width dimension (shown as B in FIG. 3A) …or between about 50 and about 2,000 microns; See Para 0152…he width of the second chambers 250B can be smaller than the width of the first chamber 250A.)
This limitation “optionally wherein the thickness is less than 100 µm” is optional, thus not required by the claim.
Ingber does not explicitly teach “the thickness is less than 200 µm”.
However, MPEP § 2144.05, Part II, Subpart B holds that a particular parameter that is recognized as a result effective variable (“a variable that achieves a recognized result”) would be one, but not the only motivation for a person of ordinary skill in the art to experiment to reach another workable product or process. In the design and fabrication of microfluidic chips and devices, the selection of optimal experimental conditions including structural geometry and dimensions affects fluidic transport parameters such as pressure and flow rate which in turn affect transport profile of the desired analytes in the samples. Thus, the limitation “the thickness is less than 200 µm” is a result effective variable.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to design and fabricate a gel structure with thickness that is less than 200 µm, as taught by Ingber for the benefit of providing microfluidic devices that can be used for culture and/or support of living cells such as mammalian cells, insect cells, plant cells, and microbial cells, and/or for simulating a function of a tissue (Ingber, Para 0003), allowing for the provision of the engiuneering of highly realistic models of human tissues and organs (Ingber, Para 0009).
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Annotated Fig. 5B, Ingber
Regarding Claim 4, the method of claim 2 is obvious over Ingber in view of Vulto.
Ingber teaches wherein:
a second capillary pressure barrier (See Para 0010… one or more membranes ; See Annotated Fig. 7E) is provided at a position generally defining a boundary (See Annotated Fig. 7E…position) between the first region (referred to as first chamber [Para 0011; Fig. 2B, ref. 204]; See Annotated Fig. 7E) and a third region (See Annotated Fig. 7E) of the microfluidic network (See Para 0167… at least a portion of the first chamber); and
the first liquid See Para 0027… providing the first chamber filled with a viscous solution of the first matrix molecules; aligns itself along the second capillary pressure barrier (See Para 0010… one or more membranes ; See Annotated Fig. 7E), thereby forming a third surface (See Annotated Fig. 7E) of the gel structure (See Para 0010… a three-dimensional, endothelial cell-lined lumen, e.g., with generally circular cross-sectional geometries, through a first permeable matrix (e.g., extracellular matrix gel such as collagen) disposed in a first microchannel to mimic the structure of blood vessels in vitro, thereby teaching “ the embodiment of gel structure”) facing the third region (See Annotated Fig. 7E) of the microfluidic network (See Para 0167… at least a portion of the first chamber).
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Annotated Fig. 7E, Ingber
Regarding Claim 6, the method of claim 1 is obvious over Ingber in view of Vulto.
Ingber teaches wherein contacting (‘dispersed through ‘) the gel precursor solution (referred to as first matrix molecule solution comprises collagen I [Para 0135]) with the second liquid (See Para 0133…The fluid of a lower viscosity that is dispersed through the viscous solution of the first matrix molecules) comprises forming a meniscus (See Fig. 7c for meniscus) of the second liquid (referred to as low viscosity liquid 706 [Para 0058]) that is convex in shape (See Fig. 7C; Para 0058… which was then followed by injection of a low viscosity liquid 706 driven by hydrostatic pressure to initiate “finger” formation in the center of the gel (t=3); See Fig. 7C…thereby teaching “a meniscus of the second liquid that is convex in shape”)and has a first principal radius of curvature (See Fig. 7C; Para 0058… which was then followed by injection of a low viscosity liquid 706 driven by hydrostatic pressure to initiate “finger” formation in the center of the gel (t=3)).
Regarding Claim 11, the method of claim 1 is obvious over Ingber in view of Vulto.
Ingber teaches wherein the second liquid (referred to as low viscosity liquid 706 [Para 0058] ;See Para 0133…The fluid of a lower viscosity that is dispersed through the viscous solution of the first matrix molecules) comprises a gel precursor solution (See Para 0027…(ii) flowing at least one or more pressure-driven fluid(s) with low viscosity through the viscous solution to create one or more lumens each extending through the viscous solution); Examiner submits that the at least one or more pressure-driven fluid(s) with low viscosity is flown before the gelling step, thereby teaching “a gel precursor solution”)
Regarding Claim 13, the method of claim 1 is obvious over Ingber in view of Vulto.
Inger teaches wherein the gel precursor solution (referred to as first matrix molecule solution comprises collagen I [Para 0135]) comprises one or more cells of mesenchymal origin selected from stromal cells, muscle cells, pericytes, fibroblasts, and myofibroblasts (See Para 0017…Examples of blood vessels-associated cells include, but are not limited to, endothelial cells, fibroblasts, smooth muscle cells, pericytes).
Regarding Claim 14, the method of claim 1 is obvious over Ingber in view of Vulto.
Inger teaches introducing one or more cells into the lumen (See Para 0017… the lumen(s) can be lined with at least one layer of cells ) of the gel structure (Examiner interprets as “gel structure”) (See Para 0010… a three-dimensional, endothelial cell-lined lumen, e.g., with generally circular cross-sectional geometries, through a first permeable matrix (e.g., extracellular matrix gel such as collagen) disposed in a first microchannel to mimic the structure of blood vessels in vitro, thereby teaching “ the embodiment of gel structure”).
Regarding Claim 15, the method of claim 1 is obvious over Ingber in view of Vulto.
Ingber teaches that the one or more cells comprise endothelial cells or epithelial cells (See Para 0023… the lumen(s) is/are lined with at least one endothelial cell layer) and the method further comprises allowing the one or more cells to line the surface of the lumen (See Para 0010… endothelial cell-lined lumen ) and form a tubule within the lumen (See Para 0103… three-dimensional, endothelial cell-lined lumen or pericyte/endothelial cell-lined lumen, e.g., with circular cross-sectional geometries, thereby teaching “tubule within the lumen”).
Regarding Claim 16, the method of claim 2 is obvious over Ingber in view of Vulto.
Inger teaches introducing one or more cells (See Para 0017… the lumen(s) can be lined with at least one layer of cells ) into the second region (referred to as second chamber [Para 0011, 0151; Fig. 5B, ref. 206]) of the microfluidic network (See Para 0167… at least a portion of the first chamber).
Regarding Claim 18, the method of claim 10 is obvious over Ingber in view of Vulto.
Ingber teaches wherein the one or more cells comprise cells of mesenchymal origin selected from stromal cells, muscle cells, pericytes, fibroblasts, tumor cells, and myofibroblasts. (See Para 0017…Examples of blood vessels-associated cells include, but are not limited to, endothelial cells, fibroblasts, smooth muscle cells, pericytes).
Regarding Claim 19, the method of claim 1 is obvious over Ingber in view of Vulto.
Inger teaches:
introducing one or more immune cells-comprising T cells, monocytes, macrophages, dendritic cells, and/or B cells (See Para 0249… additional cell types may be integrated in the 3D BBB chip to create more complex co-cultures in the future, including human immune cells, such as …monocytes,) into the lumen (See Para 0017… the lumen(s) can be lined with at least one layer of cells ) whereby the one or more immune cells (See Para 0249… additional cell types may be integrated in the 3D BBB chip to create more complex co-cultures in the future, including human immune cells, such as …monocytes,) may adhere (See Para 0058… a neutralized collagen gel containing dispersed human astrocytes (t=2) to the first surface (See Annotated Fig 5B) of the gel (Examiner interprets as “gel structure”) (See Para 0010… a three-dimensional, endothelial cell-lined lumen, e.g., with generally circular cross-sectional geometries, through a first permeable matrix (e.g., extracellular matrix gel such as collagen) disposed in a first microchannel to mimic the structure of blood vessels in vitro, thereby teaching “ the embodiment of gel structure”). The limitation “or, when present, the tubule” is interpreted as optional and thus not required by the claim.
Examiner interprets limitation “optionally stimulating or allowing the one or more immune cells to cross the epithelial or endothelial vessel wall of the tubule, and optionally to migrate through the gel structure” as optional and thus not required by the claim.
Regarding Claim 21, the method of claim 1 is obvious over Ingber in view of Vulto.
Inger teaches wherein the capillary pressure barrier (referred to as a membrane [Para 0011]) is provided on an internal surface (See Fig. 5B for the location of the membrane 208) of the microfluidic network (See Para 0167… at least a portion of the first chamber) and comprises a ridge, groove, or line of material (See Fig. 3A for the ridges/grooves of the membrane; See Para 0033… membrane can be non-porous or porous) of different wettability (See Para 0159… membrane can comprise an elastomeric portion fabricated from a styrenic block copolymer-comprising composition; Under BRI, styrenic polymers are hydrophobic; See Para 0225…polydimethysiloxane (PDMS) chip; Under BRI, PDMS is a different wettability from Styrenic polymers) to the internal surface (See Fig. 5B for the location of the membrane 208) of the microfluidic network (See Para 0167… at least a portion of the first chamber).
Claims 7-8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Ingber et al. (US20150292988A1, submitted in IDS as WO2017003546A2 on 03/13/2024) in view of Vulto et al. (US20150238952A1, submitted in IDS as WO2014038943A1 on 03/19/2024) as applied to claim 1 above, and further in view of Wong et al. (WO2009061392A1, submitted in IDS on 03/13/2024).
Regarding Claim 7, the method of claim 1 is obvious over Ingber in view of Vulto.
Ingber teaches wherein forming the lumen comprises:
contacting the gel precursor solution (referred to as first matrix molecule solution comprises collagen I [Para 0135]) with the second liquid (See Para 0133…The fluid of a lower viscosity that is dispersed through the viscous solution of the first matrix molecules) at a first location (See Para 0131…the lumen(s) can be formed by a process comprising (i) providing the first chamber filled with a viscous solution of the first matrix molecules; (ii) flowing at least one pressure-driven fluid with a viscosity lower than that of the viscous solution through the viscous solution to create one or more lumens each extending through the viscous solution, thereby teaching “a first location”, ) in the microfluidic network (See Para 0167… at least a portion of the first chamber).
The combination of Ingber and Vulto does not teach “contacting the gel precursor solution with a third liquid at a second location spaced from the first location, wherein the third liquid has a viscosity which is lower than the viscosity of the first liquid”
In the analogous art of articles and methods for forming structures in microfluidic channels, and more specifically, to articles and methods for forming structures comprising gels in microfluidic channels, Wong teaches: “contacting the gel precursor solution (See Abstract…The stream(s) of gel precursor can be polymerized to form one or more gel structures by various methods such as by application of heat.) with a third liquid (See Abstract…Advantageously, the dimensions of the gel structures may be varied, for example, by applying different flow rates to the fluid streams, choosing different viscosities of the fluids, thereby teaching “a third liquid”) at a second location (See Abstract…a portion of microfluidic channel) spaced from the first location (See Abstract…another portion of microfluidic channel) , wherein the third liquid (See Abstract…Advantageously, the dimensions of the gel structures may be varied, for example, by applying different flow rates to the fluid streams, choosing different viscosities of the fluids, thereby teaching “a third liquid”) has a viscosity which is lower (See Abstract…Advantageously, the dimensions of the gel structures may be varied, for example, by applying different … choosing different viscosities of the fluids, thereby teaching “viscosity which is lower”) than the viscosity of the first liquid (See Abstract…Advantageously, the dimensions of the gel structures may be varied, for example, by applying different flow rates to the fluid streams, choosing different viscosities of the fluids, thereby teaching “a first liquid”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Ingber and Vulto to include “contacting the gel precursor solution with a third liquid at a second location spaced from the first location, wherein the third liquid has a viscosity which is lower than the viscosity of the first liquid”, as taught by Wong for the benefit of studying intercellular communication between cells cultured within biologically-derived, 3-D matrices of microscopic size (Wong, Abstract), allowing for the provision of more flexible designs of gel structures, that are compatible with biologically-derived gels, and/or allow easier integration of components within the gels would be beneficial (Wong, Pages 2, lines 30-34).
Regarding Claim 8, the method of claim 7 is obvious over Ingber in view of Vulto and further in view of Wong.
The combination of Ingber and Vulto does not teach
“wherein contacting the gel precursor solution with the third liquid comprises:
forming a meniscus of the third liquid that is concave in shape”.
Examiner submits that the claimed “ or that is convex in shape with a second principal radius of curvature that is smaller than the first principal radius of curvature” is viewed as optional and this not required by the claim.
In the analogous art of articles and methods for forming structures in microfluidic channels, and more specifically, to articles and methods for forming structures comprising gels in microfluidic channels, Wong teaches:
“contacting the gel precursor solution (See Abstract…The stream(s) of gel precursor can be polymerized to form one or more gel structures by various methods such as by application of heat.) with the third liquid (See Abstract…Advantageously, the dimensions of the gel structures may be varied, for example, by applying different flow rates to the fluid streams, choosing different viscosities of the fluids, thereby teaching “a third liquid”) comprises:
forming a meniscus (See Page 25, lines 1-8… the fluid may be held within the channel, for example, using surface tension (i.e., a concave or convex meniscus)), thereby teaching “forming a meniscus” of the third liquid (See Abstract…Advantageously, the dimensions of the gel structures may be varied, for example, by applying different flow rates to the fluid streams, choosing different viscosities of the fluids, thereby teaching “a third liquid”) that is concave in shape (See Page 25, lines 1-8… the fluid may be held within the channel, for example, using surface tension (i.e., a concave or convex meniscus)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Ingber and Vulto to include “wherein contacting the gel precursor solution with the third liquid comprises: forming a meniscus of the third liquid that is concave in shape”, as taught by Wong for the benefit of facilitating control over fluid transport in the microfluidic device (Wong, Page 15, lines 6) , allowing for the provision of more flexible designs of gel structures, that are compatible with biologically-derived gels, and/or allow easier integration of components within the gels would be beneficial (Wong, Pages 2, lines 30-34).
Regarding Claim 10, the method of claim 1 is obvious over Ingber in view of Vulto.
Ingber teaches “forming a lumen ((See Para 0027…the lumen(s) can be formed by a process…).
The combination of Ingber and Vulto does not teach:
“introducing a second gel precursor solution into the second region of the microfluidic network and allowing the second gel precursor solution to contact the gel structure along the length of the capillary pressure barrier;
forming a lumen through the second gel precursor solution by contacting the second gel precursor solution with a liquid having a viscosity which is lower than the viscosity of the second gel precursor solution; and
allowing or causing the second gel precursor solution to gelate to form a second gel structure comprising a lumen therethrough and contacting the first gel structure”.
In the analogous art of articles and methods for forming structures in microfluidic channels, and more specifically, to articles and methods for forming structures comprising gels in microfluidic channels, Wong teaches:
“introducing a second gel precursor solution (See Page 7, lines 26-27…in certain cases, as soon as the channel is filled with one or more gel precursors and/or spacing solutions) into the second region (See Abstract…another portion of the microfluidic channel) of the microfluidic network (See Abstract…forming structures in microfluidic channels) and allowing the second gel precursor solution (See Page 7, lines 26-27…in certain cases, as soon as the channel is filled with one or more gel precursors and/or spacing solutions) to contact the gel structure (See Page 7, line 30…When thermally-cured gels are used,) along the length of the capillary pressure barrier (See Page 7 line 10-12…thermally conductive disc; Under BRI, the thermally conductive disc has a length) ;
forming a lumen (See Abstract…portions of gel (e.g., gel structures) inside the microchannels, thereby teaching “lumen”) through the second gel precursor solution (See Page 7, lines 26-27…in certain cases, as soon as the channel is filled with one or more gel precursors and/or spacing solutions)by contacting the second gel precursor solution (See Page 7, lines 26-27…in certain cases, as soon as the channel is filled with one or more gel precursors and/or spacing solutions) with a liquid (See Abstract…Advantageously, the dimensions of the gel structures may be varied, for example, by applying different flow rates to the fluid streams, choosing different viscosities of the fluids, thereby teaching “a liquid”) having a viscosity which is lower than the viscosity (See Abstract…Advantageously, the dimensions of the gel structures may be varied, for example, by applying different … choosing different viscosities of the fluids, thereby teaching “viscosity which is lower”) of the second gel precursor solution(See Page 7, lines 26-27…in certain cases, as soon as the channel is filled with one or more gel precursors and/or spacing solutions); and
allowing or causing the second gel precursor solution (See Page 7, lines 26-27…in certain cases, as soon as the channel is filled with one or more gel precursors and/or spacing solutions) to gelate to form a second gel structure (See Abstract…the gel structures may be formed by flowing, e.g., laminarly, one or more streams of fluid in a microfluidic channel) comprising a lumen (See Abstract…portions of gel (e.g., gel structures) inside the microchannels, thereby teaching “lumen”) therethrough and contacting the first gel structure ( See Abstract…The gel structures may be formed by flowing)”.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Ingber and Vulto to include “introducing a second gel precursor solution into the second region of the microfluidic network and allowing the second gel precursor solution to contact the gel structure along the length of the capillary pressure barrier;forming a lumen through the second gel precursor solution by contacting the second gel precursor solution with a liquid having a viscosity which is lower than the viscosity of the second gel precursor solution; and allowing or causing the second gel precursor solution to gelate to form a second gel structure comprising a lumen therethrough and contacting the first gel structure”, as taught by Wong for the benefit of facilitating control over fluid transport in the microfluidic device (Wong, Page 15, lines 6) , allowing for the provision of more flexible designs of gel structures, that are compatible with biologically-derived gels, and/or allow easier integration of components within the gels would be beneficial (Wong, Pages 2, lines 30-34).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OYELEYE ALEXANDER ALABI whose telephone number is (571)272-1678. The examiner can normally be reached on M-F 7:30am-5:30pm.
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/OYELEYE ALEXANDER ALABI/ Examiner, Art Unit 1797
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