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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 7/1/24 and 4/24/25 is being considered by the examiner.
Claim Status
Claims 1-14 are pending and examined.
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.
The term “strong magnetic electrode” in claims 1, 2, 8, 9, and 10 is a relative term which renders the claim indefinite. The term “strong” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Please clarify how this electrode would operate as a strong electrode versus how this electrode would operate if it was not a strong electrode.
The term “strong magnetic zone” in claims 1 and 2 is a relative term which renders the claim indefinite. The term “strong” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Please clarify how this zone would operate as a strong zone versus how this zone would operate if it was not a strong zone.
Dependent claims are rejected by virtue of being dependent on a rejected base claim.
Claim Rejections - 35 USC § 103
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 1, 12, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Lu (CN 109718873) in view of Cho (US Patent 7,666,285).
Regarding Claim 1, Lu teaches a detection system applied to microfluidic chip
detection (A digital micro-fluidic chip, page 5, last paragraph, Figs. 1 and 2), comprising:
a detection chip (multivariate immunity reaction chip 1, page 5, last paragraph),
comprising a base substrate (Fig. 2, lower plate 22, page 6, 2nd paragraph),
an electrode layer (Fig. 2, electrode lead 25. The electrode lead 26, electrode patterns 27 and conductive tape 28; the upper pole plate 21 deposited on electrode lead 25. The electrode lead 26 and the electrode pattern 27, the electrode pattern 27 via the electrode lead 25 connected with the electrode pin 26, the electrode pin 26 by the pin clamp 23, page 6, 2nd paragraph), and
wherein the base substrate comprises a bearing surface (Fig. 2, see top of the plate 22 which has a bearing surface), and
the electrode layer is formed on the bearing surface (Fig. 2, electrode lead 26 is on lower plate 22);
the electrode layer comprises a plurality of electrodes (Fig. 2, electrode lead 25, electrode lead 26, electrode patterns 27 and conductive tape 28; the upper pole plate 21 deposited on electrode lead 25. The electrode lead 26 and the electrode pattern 27, the electrode pattern 27 via the electrode lead 25 connected with the electrode pin 26, the electrode pin 26, page 6, 2nd paragraph) and
the plurality of electrodes comprises at least one strong magnetic electrode and multiple driving electrodes (electrode, page 6, 2nd paragraph);
a magnetic field device disposed on a side away from the electrode layer of the base substrate and comprising a strong magnetic zone corresponding to the strong magnetic electrode in a one-to-one manner (magnet device through clamp (3) and the ultra-strong magnet 6 and the x, y, z three coordinate mechanical level holder 2 to form a movable magnet device, Page 5, last paragraph and page 6, 1st paragraph);
a drive mechanism connected with the magnetic field device (the digital liquid drop driving control system 4, page 5, last paragraph), and
driving the magnetic field device to move towards or away from the detection chip in a direction vertical to the bearing surface (the digital liquid drop driving control system 4, page 5, last paragraph);
wherein in response to the magnetic field device being in a working position close to the detection chip, for each corresponding pair of strong magnetic zone and strong magnetic electrode, the strong magnetic zone is configured for causing magnetic beads in the sample solution on a side away from the base substrate, of the strong magnetic electrode to gather (a magnet device, digital drop driving control system 4; the digital liquid drop driving control system 4 located at the lowest part of the whole system, magnet device through clamp (3) and the ultra-strong magnet 6 and the x, y, z three coordinate mechanical level holder 2 to form a movable magnet device; directly placed on the digital liquid drop driving control system 4, movable magnet means 3, Page 5, last paragraph and page 6, 1st paragraph);
in response to the magnetic field device being in a working position away from the detection chip, causing the magnetic beads in the sample solution on a side away from the base substrate, of the strong magnetic electrode to disperse (A digital micro-fluidic chip based on micro magnetic beads multivariate immunity reaction system is as shown in FIG. 1, a magnet device, digital drop driving control system 4; the digital liquid drop driving control system 4 located at the lowest part of the whole system, magnet device through clamp (3) and the ultra-strong magnet 6 and the x, y, z three coordinate mechanical level holder 2 to form a movable magnet device; directly placed on the digital liquid drop driving control system 4 connected with the chip clamp multivariate immunity reaction chip 1 through chip clamp fixedly located right above the movable magnet means 3. Page 5, last paragraph and page 6, 1st paragraph).
Lu is silent to a microfluidic channel layer for accommodating a sample solution with magnetic beads; the microfluidic channel layer is disposed on a side away from the base substrate, of the electrode layer.
Cho teaches in the related art of a detection system. FIG. 12 is the microfluidic channel layer. A preferred multi-layer, disposable, microsensor consists of an electrode layer, a microfluidic layer with inlet/outlet ports). Col. 9, lines 61-63.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added a microfluidic channel layer, as taught by Cho, such that the microfluidic channel layer disposed on a side away from the base substrate of the electrode layer, as taught by Lu, to allow for a sample to be added to and removed from the detection system and ease of manufacture, and increased utilization of versatility, reliability, accuracy and economy, as taught by Cho, in Col. 8, lines 4851.
Regarding Claim 12, modified Lu teaches the detection system according to claim 1, further comprising a frame and a pressing structure connected to the frame, wherein the detection chip is fixed to the frame via the pressing structure (Fig. 1 four copper posts 5 fixedly, upper end post 5 is connected with the chip clamp multivariate immunity reaction chip 1, page 6, 1st paragraph).
Regarding Claim 13, modified Lu teaches the detection system according to claim 12, wherein the drive mechanism comprises a fixing part, an expansion part, and a support platform; wherein the fixing part is fixed relative to the frame; the expansion part is movably installed on the fixing part along a third direction perpendicular to the bearing surface; the support platform is installed on the expansion part, and the magnetic field device is installed on the support platform (Fig. 1, A digital micro-fluidic chip based on micro magnetic beads multivariate immunity reaction. The system comprises a multivariate immunity reaction chip 1, x, y, z three-coordinate machine level tripod head 2, a magnet device, digital drop driving control system 4; the digital liquid drop driving control system 4 located at the lowest part of the whole system, magnet device through clamp (3) and the ultra-strong magnet 6 and the x, y, z three coordinate mechanical level holder 2 to form a movable magnet device; directly placed on the digital liquid drop driving control system 4 splash baffle upper part 7 and four copper posts 5 fixedly, upper end post 5 is connected with the chip clamp multivariate immunity reaction chip 1 through chip clamp fixedly located right above the movable magnet means 3., page 5, last paragraph, and page 6, 1st paragraph).
Claims 2, 5, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Lu (CN 109718873), in view of in view of Cho (US Patent 7,666,285), and further in view of Ozawa (CN 108884430).
Regarding Claim 2, modified Lu teaches the detection system according to claim 1, wherein the magnetic field device comprises a fixing body and a plurality of permanent magnets (a magnet device, magnet device through clamp (3) and the ultra-strong magnet 6 and the x, y, z three coordinate mechanical level holder 2 to form a movable magnet device; directly placed on the digital liquid drop driving control system 4 splash baffle upper part 7 and four copper posts 5 fixedly, upper end post 5 is connected with the chip clamp multivariate immunity reaction chip 1 through chip clamp fixedly located right above the movable magnet means 3. Page 5, last paragraph and page 6, 1st pargraph);
Modified Lu is silent to the fixing body comprises a side-open mounting groove comprising a bottom wall, a first side wall, a second side wall, a third side wall, and a fourth side wall; wherein the first side wall and the second side wall are opposite, and the first side wall is located at a side facing the base substrate, of the second side wall; the third side wall and the fourth side wall are opposite and arranged along a first direction, wherein the first direction is parallel to the bearing surface of the base substrate; and the first side wall comprises a first opening corresponding to the strong magnetic electrode in a one-to-one manner, allowing a magnetic field to pass through to form the strong magnetic zone; the plurality of permanent magnets are installed in the mounting groove, and arranged along the first direction, the second side wall comprises a placement slot with an embedded magnet, wherein the fixing body is magnetically connected to the drive mechanism through the embedded magnet, the second side wall comprises multiple placement slots arranged along the first direction on the second side wall.
Ozawa teaches in the related art of detecting. The upper side part 24 formed by a member having a light-transmitting property. upper side part 24 of upper side surface is parallel to the horizontal surface, the upper side part of lower side surface 24 used for respectively storing part 22 and the flow path 23 for forming sunken part and groove. As shown in FIG. 1, the magnetic force applying part 170 provided under the vertical plate member 101 side, can move in the Y-axis direction. As shown in FIG. 4 (b), (c), the magnetic force applying part 170 comprises a support part 171, two magnets 172. as shown in FIG. 4 (a), using the magnetic force applying part 170.The examiner notes that the term “are installed” is directed to intended use of the device.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a side-open mounting groove comprising a bottom wall, a first side wall, a second side wall, a third side wall, and a fourth side wall; wherein the first side wall and the second side wall are opposite, and the first side wall is located at a side facing the base substrate, of the second side wall; the third side wall and the fourth side wall are opposite and arranged along a first direction, wherein the first direction is parallel to the bearing surface of the base substrate; and the first side wall comprises a first opening corresponding to the strong magnetic electrode in a one-to-one manner, allowing a magnetic field to pass through to form the strong magnetic zone; the plurality of permanent magnets are installed in the mounting groove, and arranged along the first direction, as taught by Ozawa, to the fixing body in the device of modified Lu, to allow for connecting the structural elements.
Regarding Claim 5, modified Lu teaches the detection system according to claim 2, wherein the second side wall comprises a placement slot with an embedded magnet, wherein the fixing body is magnetically connected to the drive mechanism through the embedded magnet (See Fig. 1 for magnet and for magnetic connection to drive mechanism through the magnet).
Regarding Claim 6, modified Lu teaches the detection system according to claim 5, wherein the second side wall comprises multiple placement slots arranged along the first direction on the second side wall (a magnet structure can be separately set in the clamping groove, the magnet structure fixed in the neck.).
Allowable Subject Matter
Claims 3, 4, 7, 8, 9, 10, 11, and 14 are 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 and if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The cited prior art of record, whether alone or in combination, fails to teach or fairly suggest, in the context of claims 1, 2, and 3, a pressing component; wherein at least one of the third side wall and the fourth side wall comprises a second opening that passes through its own thickness along the first direction; at least a portion of the pressing component enters into the mounting groove through the second opening, and an entered part of the pressing component abuts against the permanent magnet adjacent to the second opening among the plurality of permanent magnets in the mounting groove, allowing each pair of adjacent permanent magnets to abut against each other.
The cited prior art of record, whether alone or in combination, fails to teach or fairly suggest, in the context of claims 1, 2, and 4, wherein a surface facing the mounting groove, of at least one of the third side wall and the fourth side wall, is provided with an avoidance slot for placing and retrieving the permanent magnets.
The cited prior art of record, whether alone or in combination, fails to teach or fairly suggest, in the context of claims 1, 2, and 7, wherein along the first direction, N pole orientations of every two adjacent ones among the plurality of permanent magnets are perpendicular to each other, and the N pole orientations of every two adjacent permanent magnets rotate 90o in a same direction around a rotation axis parallel to the second direction, wherein the second direction is perpendicular to the first direction and parallel to the bearing surface.
The cited prior art of record, whether alone or in combination, fails to teach or fairly suggest, in the context of claims 1, 2, and 8, wherein for each corresponding pair of strong magnetic electrode and the first opening, an orthographic projection of the first opening on the bearing surface is smaller than an orthographic projection of the strong magnetic electrode on the bearing surface; and the orthographic projection of the first opening on the bearing surface is within the orthographic projection of the strong magnetic electrode on the bearing surface.
Claims 9, 10, and 11 are objected to as being dependent on claim 8.
The cited prior art of record, whether alone or in combination, fails to teach or fairly suggest, in the context of claims 1, 2, 12, and 14, wherein the drive mechanism comprises a fixing structure, an expansion component, and a support platform; wherein the fixing structure comprises a base and two connection parts, wherein the base and the two connection parts cooperatively form a U-shaped structure; the two connection parts are fixedly connected to the base and the frame, and the base comprises a through-hole that passes through the base's thickness along a third direction perpendicular to the bearing surface; the expansion component comprises a fixing part and an expansion part, wherein the fixing part is located at a side away from the support platform, of the base and is fixedly connected to the base; the expansion part is movably installed on the fixing part along the third direction, and a free end of the expansion part passes through the through-hole into a space enclosed by the base and the two connection parts; the support platform is located in a space enclosed by the U-shaped structure and is fixedly connected to the free end of the expansion part.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACQUELINE BRAZIN whose telephone number is (571)270-1457. The examiner can normally be reached M-F 8-5.
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/JB/
/CHARLES CAPOZZI/Supervisory Patent Examiner, Art Unit 1798
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