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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 112
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.
Claims 7 and 15 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 7 recites the limitation "the flexible foil" in line 3. There is insufficient antecedent basis for this limitation in the claim. Claim 7 also recites the limitation "the carrier" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites “A micro-fluidic measuring arrangement, comprising a microfluidic cartridge according to claim 1”. Claim 1, however, recites “a microfluidic device” instead of a cartridge.
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.
Claims 1, 2, and 5-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jovanovich et al. (US 2011/0005932).
Regarding claims 1 and 2 – As shown in Figure 6, Jovanovich teaches an integrated photodetector circuit comprising at least one photodetector (optic assembly 410); a micro-fluidic cartridge (microchip 1) comprising at least one detection chamber (region 350) connected to a micro-channel (region 250) to receive a liquid to be tested, wherein the micro-fluidic cartridge (1) is arranged on the integrated photodetector circuit such that the at least one detection chamber (region 350) is aligned with the photodetector (410), a heating element (temperature modulator 400) thermally conductive to the detection chamber (region 350) and operable to alter a temperature of the liquid to be tested, and a cooling element thermally conductive to the photodetector (see Paragraph 0404 directed to a cooled CCD camera) and operable to alter a temperature of the photodetector.
Regarding claims 5 and 8 – Figure 7 of Jovanovich shows a combined device having integrated optical detection (410) that may include a CCD camera and temperature control device (400). See also Paragraphs 0161, 0231-0240, and 0430-0434.
Regarding claim 6 and 7 – Jovanovich discloses a computer controller as part of the integrated analysis system in Paragraphs 0194, 0209, 0290, 0319-0320, 0341-0343 and 0355-0366. The Examiner considers the use of a CCD camera to meet the limitation of photodetector circuits arranged on the carrier.
Regarding claim 9 – Jovanovich teaches heater elements on the form of heater coils in Paragraph 0211.
Regarding claims 10-14 – Jovanovich teaches Peltier elements for heating and cooling in Paragraphs 0024, 0166, 0211, 0231, 0236, 0321, and 0431. Jovanovich discloses integrating the Peltier into a microfluidic element in Paragraph 0166.
Regarding claim 15 – Jovanovich teaches forming the microfluidic device as a cartridge in Paragraphs 0020-0024, 0165-0203, and 0209-0231.
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.
Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Jovanovich et al. (US 2011/0005932) in view of Centa et al. (US 5,263,244). Jovanovich teaches every element of claims 3 and 4 except for the photodetector arranged on a flexible foil. Centa teaches a method of making a flexible printed circuit assembly to for detecting optical signals. The device is best shown in Figure 3 and includes a polyester sheet (4) laminated with a plurality of individual circuits (2) covered by another sheet or tape (26). Each of the plurality of individual circuits include a pair of light emitting diodes (24, 25) and photodetector (18) such that when the sheet (4) is folded, the circuits form a sensor that may be used to detect material in a channel formed by the sheet. See Figures 4-5B and column 6, line 11 – column 7, line 23. Centa teaches their sensor for detecting optical signals is easy to produce and cost effective to manufacture. The Examiner submits it would have been obvious to one of ordinary skill in the art at the time of the effective date of the invention to combine the photodetector circuit arranged on a flexible foil layer from Centa with the device of Jovanovich. Jovanovich teaches a variety of photodetectors including more complicated sensor devices. One of ordinary skill in the art at the time would provide the photodetector from Centa to Jovanovich to provide a cheaper and easier sensing unit as taught by Centa.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DWAYNE K HANDY whose telephone number is (571)272-1259. The examiner can normally be reached M-F 10AM-7PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Capozzi can be reached at 571-270-3638. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DWAYNE K HANDY/Examiner, Art Unit 1798 July 24, 2026
/CHARLES CAPOZZI/Supervisory Patent Examiner, Art Unit 1798
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