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 .
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.
Claims 1-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lundquist et al. (US 20022/0403466).
Regarding claim 1, Lundquist discloses a flow cell system, the system comprising:
a flow cell (fig. 1c, 2a-2j, 6), the flow cell comprising:
(i) a substrate (202), the substrate configured to support an analyte array (this limitation does not further structurally limit the instant claim because the analyte array is not positively recited on the substrate);
(ii) a cover (209) spaced from the substate (sparer 210 prove a spacer that separates the cover from the substrate), the substrate and the cover defining a fluid gap between the substrate and cover (a gap is provided between the cover and two spacers 210 and substrate 202 to which a fluid is capable of flowing therein);
(iii) an inlet (center of disc) in fluid communication with the fluid gap; and
(iv) an outer perimeter of the flow cell (area at 602 where the cover and substrate end);
(b) wherein the flow cell system is configured such that fluid enters the flow cell at the inlet, flows through the fluid gap, and exits the flow cell at the outer perimeter between the substrate and the cover (this limitation is directed to a process/intended use limitation that does not further structurally limit the instant claim. The prior art is structurally capable of performing the intended use).
Regarding claim 2, Lundquist discloses the flow cell system of claim 1, wherein the flow cell system is configured such that fluid exits the flow cell at the outer perimeter of the flow cell between the substrate and the cover such that fluid drops down from the outer perimeter as droplets (this limitation is directed to a process/intended use limitation that does not further structurally limit the instant claim. The instant claims do not positively recite a fluid within the flow cell. The prior art is structurally capable of performing the intended use).
Regarding claim 3, Lundquist discloses the flow cell system of claim 2, wherein the outer perimeter of the flow cell is at least partially open (the ends of where the cover and substrate end are open which allow fluid to leave the flow cell (para 45).
Regarding claim 4, Lundquist discloses the flow cell system of claim 3, wherein the outer perimeter is at least 2.5% open (see fig. 2e-2H, area between spacers 210 and top 209 and substrate 202).
Regarding claim 5, Lundquist discloses the flow cell system of claim 3, wherein the outer perimeter is at least 5% open (see fig. 2e-2H, area between spacers 210 and top 209 and substrate 202).
Regarding claim 6, Lundquist discloses the flow cell system of claim 3, wherein the outer perimeter of the flow cell is open (see fig. 2e-2H, area between spacers 210 and top 209 and substrate 202).
Regarding claim 7, Lundquist discloses the flow cell system of claim 3, wherein the outer perimeter of the flow cell is frameless (see fig. 2e-2H, area between spacers 210 and top 209 and substrate 202. The spacers are not part of the frame at the outer perimeter).
Regarding claim 8, Lundquist discloses the flow cell system of claim 7, wherein the flow cell further comprises a spacer (210) spacing the substrate and the cover apart to define the fluid gap (see fig. 2e-2H).
Regarding claim 9, Lundquist discloses the flow cell system of claim 8, wherein the spacer comprises a plurality of spacers (210, fig. 2e-2H), at least some of the spacers being generally aligned towards a central area of the flow cell (see fig. 2e-2H).
Regarding claim 10, Lundquist discloses the flow cell system of claim 9, wherein at least some of the spacers extend radially from the central area of the flow cell (see fig. 2e-2H).
Regarding claim 11, Lundquist discloses the flow cell system of claim 8, wherein the spacer comprises an adhesive arrangement spacing the substrate and the cover apart to define the fluid gap and adhering the substrate to the cover (see fig. 2e-2H).
Regarding claim 12, Lundquist discloses the flow cell system of claim 3, wherein the inlet is located in the central area of the flow cell (see fig. 2e-2H, the central area is where the inlet to the flow cells are located).
Regarding claim 13, Lundquist discloses the flow cell system of claim 3, further comprising a common collector (207/602 is a drain portion that is connected to all the flow outlets), the common collector positioned below the outer perimeter of the flow cell and configured to collect droplets that drop down from the outer perimeter of the flow cell (see fig. 6).
Regarding claim 14, Lundquist discloses the flow cell system of claim 13, wherein the common collector comprises a plurality of common collection cups configured to collect droplets that drop down from the outer perimeter of the flow cell (207/602 is a drain portion that is connected to all the flow outlets, see fig. 6).
Regarding claim 15, Lundquist discloses the flow cell system of claim 14, wherein the common collection cups are vertically spaced from the flow cell by a drop gap (See fig. 2b, 202 drops into 207/206).
Regarding claim 16, Lundquist discloses the flow cell system of claim 14, wherein the common collection cups each comprise a sloped side wall (206), wherein a portion of the sloped side wall below the outer perimeter of the flow cell is vertically spaced from the flow cell by a drop gap (See fig. 2b).
Regarding claim 17, Lundquist discloses the flow cell system of claim 14, wherein at least some of the common collection cups each comprise a sloped wall configured to direct the collected droplets to a fluid conduit (the outer edge 206 is vertically sloped to container the liquid inside the drain portion 602).
Regarding claim 18, Lundquist discloses the flow cell system of claim 17, wherein the collection channel comprises a plurality of fluid conduits (the outlets of the flow cells is broadly being interpreted as a fluid conduit that leads into the drain portion 602).
Regarding claim 19, Lundquist discloses the flow cell system of claim 17, wherein the sloped wall comprises a slope that is greater than 30 degrees (vertical wall at substrate 206 is 90 degrees from the flat surface of the substrate, see fig. 2b).
Regarding claim 20, Lundquist discloses a flow cell system, the system comprising:
(a) a flow cell (fig. 1c, 2a-2j, 6), the flow cell comprising:
(i) a substrate (202), the substrate configured to support an analyte array (this limitation does not further structurally limit the instant claim because the analyte array is not positively recited on the substrate);
(ii) a cover (209);
(iii) an adhesive arrangement spacing the cover from the substate to define a fluid gap between the substrate and cover (spacers 210 are applied to the substrate and the cover with an adhesive, para 29);
(iv) an inlet (center of 202 as shown in fig. 2i) in fluid communication with the fluid gap (see fig. 2c-2H; and
(v) an outer perimeter of the flow cell (outer edge of cover, and substrate where fluid exits the flow cell); (b) wherein the flow cell system is configured such that fluid enters the flow cell at the inlet, flows through the fluid gap, and exits the flow cell at the outer perimeter between the substrate and the cover; wherein adhesive gaps in the adhesive arrangement at the outer perimeter of the flow cell allow fluid to exit from the fluid gap (this limitation is directed to a process/intended use limitation that does not further structurally limit the instant claim. The prior art is structurally capable of performing the intended use).
Regarding claim 21, Lundquist discloses the flow cell system of claim 20, wherein at least five separate adhesive gaps in the adhesive arrangement at the outer perimeter of the flow cell allow fluid to exit from the fluid gap (there are 12 spacers and adhesive at each spacer that connect the spacer to the substrate and cover).
Regarding claim 22, Lundquist discloses the flow cell system of claim 20, wherein at least ten separate adhesive gaps in the adhesive arrangement at the outer perimeter of the flow cell allow fluid to exit from the fluid gap (fig. 2g shows 12 spacers with adhesives attached thereto that connect to the cover and substrate).
Regarding claim 23, Lundquist discloses a flow cell system, the system comprising:
(a) a flow cell (fig. 1c, 2a-2j, 6), the flow cell comprising:
(i) a substrate (202), the substrate having a surface configured to support an analyte array, the surface configured to support the analyte array having a surface area of at least 150 cm2 (this limitation does not further structurally limit the instant claim because the analyte array is not positively recited on the substrate);
(ii) a cover (209) spaced from the substate (202), the substrate and the cover defining a fluid gap between the substrate and cover (area between cover, substrate and spacers 210), the fluid gap having a fluid gap volume that is less than 1.5 mL (this limitation does not structurally limit the instant claim because there is not dimensional measurement which defines the fluid gap. The prior art discloses PCR with volumes in the uL);
(iii) an inlet (center of the substrate which feeds the 12 fluid gaps as seen in fig. 2g-2j) in fluid communication with the fluid gap; and
(iv) an outer perimeter of the flow cell (out edge of 202 and 209); (b) wherein the flow cell system is configured such that fluid enters the flow cell at the inlet, flows through the fluid gap, and exits the flow cell at the outer perimeter between the substrate and the cover (this limitation is directed to a process/intended use limitation that does not further structurally limit the instant claim. The prior art is structurally capable of performing the intended use).
Regarding claim 24, Lundquist discloses the flow cell system of claim 23, wherein the surface configured to support the analyte array has a surface area of at least 225 cm2 and the fluid gap has a fluid gap volume that is less than 1 mL (this limitation does not further structurally limit the instant claim because the analyte array is not positively recited on the substrate).
Regarding claim 25, Lundquist discloses the flow cell system of claim 23, wherein the surface configured to support the analyte array has a surface area of at least 300 cm2 and the fluid gap has a fluid gap volume that is less than .75 mL (this limitation does not further structurally limit the instant claim because the analyte array is not positively recited on the substrate).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL P SIEFKE whose telephone number is (571)272-1262. The examiner can normally be reached Monday-Friday 8-5.
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/SAMUEL P SIEFKE/ Primary Examiner, Art Unit 1758
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