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 .
Summary
This is the initial Office action on the 18/614724 application filed on 3/24/24.
Claims 1-20 are pending and have been fully considered.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 4/14/26, 9/17/25, 12/30/24, 12/26/24 are being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities: the continuing application information should be provided in the first paragraph.
Appropriate correction is required.
Claim Objections
Claim 4 and 14 are objected to because of the following informalities: there appears to be a typo in line 5 as it is not grammatically correct. Appropriate correction is required.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over LAI (US 2020/0392559) supplied by the IDS dated 12/30/24 in view of RAWLE (US 2015/0111287).
Regarding claim 1, LAI discloses a PCR apparatus (polymerase chain reaction heating device) comprising:
A reagent container holding mechanism 10 (at least one circuit board having an opening structure) with a first surface 101 and second surface 102 opposite each other (Fig 1, 2) in which the mechanism can be made of circuit boards (0053, Fig 6-1);
A thermoelectric cooler 80 (heater);
A first thin film 101b (thermal conductive component) disposed on the first surface 101 comprising: a first half of a reagent storage portion (see area where 105 is located) and a first conductive thin film 101b and first metal sheet 103 for conducting heat (at least one first heat conduction portion);
A second film 102b (thermal conductive component) disposed on the second surface 102 comprising: a second half of a reagent storage portion assembled with the first half to form a reagent holder (see area of 105 in Fig 2-4) and a second conductive thin film 102b and second metal sheet 104 for conducting heat (at least one second heat conduction portion), wherein the first film 101b and second film 102b respectively abut against two opposition positions of the reagent container holding mechanism (0044-47, Figs 2-1 thru 2-5).
LAI discloses the device of claim 1 except that heater is disposed inside the opening structure of the reagent container holding mechanism (circuit board).
However, RAWLE discloses a heater/cooler device (heating device) comprising a receptacle vessel holder 120 with a housing 122, which can be a circuit board (0093) that has an opening structure (see where 130 is on Fig 3), a heater/cooler device 131 (heater) disposed inside the opening structure and exposed through to either side (first and second surface), in which the heater can be used for PCR analysis (PCR reaction heating device) (Fig 3, 0171-189).
It would have been obvious to one of ordinary skill in the art to modify the reagent container holding mechanism of LAI to include the opening with heater disposed inside the opening structure of the receptacle vessel holder of RAWLE because it provides a device for detecting molecules which is compact, portable, robust, efficient and allows for use in the field (0012).
Regarding claim 2-3, LAI discloses the holding mechanism is divided into a shielded area (location of 103 and 104) and a non-shielded area connected together, and the thin films 101b and 102b are disposed on the outside of the shielded area to clamp the holding mechanism (Fig 2-3, 2-5). Further RAWLE discloses the opening where heater 131 is located is in an area shielded by 132 which is a copper heat transfer plate, surrounded by the rest of the housing 122 made of low thermal conductivity (non-shielded area) and the heater 131 is electrically connected to a conductive contact on the non-shielded area (0181, 0188, 0235- 0248, 0093-98, Fig 3, 10).
Regarding claim 4, LAI discloses the heating device further comprises two circuit boards 303, 304 spaced to each other with the first substrate 301 (first thermal conductive component) comprising an accommodating region for the first reagent storage portion (see 305) in the gap between the circuit boards and the first heat conductive portion 301 in a positioning region (Fig 6-1, 0053).
Regarding claim 5, LAI discloses the circuit board has through-hole and locking hole structures 309 to allow for alignment in a locking operation (Fig 6-1).
Regarding claim 6, LAI discloses the first thin film (conductive component) has at least one heat dissipating hole structure 105 formed on the accommodating region adjacent the first reagent storage portion (fig 2-5, 2-4, 2-1, 0040).
Regarding claim 7, LAI discloses the device has a temperature sensor 108 disposed on the circuit board adjacent to the reagent holder (Fig 2-1).
Regarding claim 8, LAI does not disclose a covering portion disposed on the heat conduction portion and adapted to cover the heater and temperature sensor.
However, RAWLE discloses a temperature sensor for sensing a temperature of the heating element (0093) and a heat insulating material 123 (cover) disposed to cover the heater and therefore temperature sensor (0180). It would have been obvious to one of ordinary skill in the art to modify the reagent container holding mechanism of LAI to include the insulating material cover of RAWLE because it helps to minimize heat loss (0180) and helps to maintain accurate measure of the temperature of the heating element to use in maintaining the appropriate temperature for the PCR process.
Regarding claim 9, LAI discloses the heater can be a thermoelectric cooler 80 electrically connected to a power supply (generates heat by electricity) (0039) and RAWLE discloses the heater is a thermoelectric cooling device using electricity (0184-185).
Regarding claim 10, LAI discloses a thermal conductive layer 103, 104, which would be disposed between the heater and the two heat conducting portions in the above combination (Fig 1, Fig 2-5).
Regarding claim 11, LAI discloses a PCR apparatus (polymerase chain reaction heating device) comprising:
A reagent container holding mechanism 10 (at least one circuit board having an opening structure) with a first surface 101 and second surface 102 opposite each other (Fig 1, 2) in which the mechanism can be made of circuit boards (0053, Fig 6-1);
A thermoelectric cooler 80 (heater);
A first thin film 101b (thermal conductive component) disposed on the first surface 101 comprising: a first half of a reagent storage portion (see area where 105 is located) and a first conductive thin film 101b and first metal sheet 103 for conducting heat (at least one first heat conduction portion);
A second film 102b (thermal conductive component) disposed on the second surface 102 comprising: a second half of a reagent storage portion assembled with the first half to form a reagent holder (see area of 105 in Fig 2-4) and a second conductive thin film 102b and second metal sheet 104 for conducting heat (at least one second heat conduction portion), wherein the first film 101b and second film 102b respectively abut against two opposition positions of the reagent container holding mechanism (0044-47, Figs 2-1 thru 2-5);
A fan (heat dissipation device) disposed adjacent the heater to dissipate heat (Fig 1);
a light source 40 disposed adjacent to the holder, the beam of light projected onto the holder;
and a spectrometer 60 adjacent the holder, adapted to receive a detection signal generated by the light beam (0039, Fig 1).
LAI discloses the device of claim 1 except that the heater is disposed inside the opening structure of the reagent container holding mechanism (circuit board).
However, RAWLE discloses a heater/cooler device (heating device) comprising a receptacle vessel holder 120 with a housing 122, which can be a circuit board (0093) that has an opening structure (see where 130 is on Fig 3), a heater/cooler device 131 (heater) disposed inside the opening structure and exposed through to either side (first and second surface), in which the heater can be used for PCR analysis (PCR reaction heating device) (Fig 3, 0171-189).
It would have been obvious to one of ordinary skill in the art to modify the reagent container holding mechanism of LAI to include the opening with heater disposed inside the opening structure of the receptacle vessel holder of RAWLE because it provides a device for detecting molecules which is compact, portable, robust, efficient and allows for use in the field (0012).
Regarding claims 12-13, LAI discloses the holding mechanism is divided into a shielded area (location of 103 and 104) and a non-shielded area connected together, and the thin films 101b and 102b are disposed on the outside of the shielded area to clamp the holding mechanism (Fig 2-3, 2-5). Further RAWLE discloses the opening where heater 131 is located is in an area shielded by 132 which is a copper heat transfer plate, surrounded by the rest of the housing 122 made of low thermal conductivity (non-shielded area) and the heater 131 is electrically connected to a conductive contact on the non-shielded area (0181, 0188, 0235- 0248, 0093-98, Fig 3, 10).
Regarding claim 14, LAI discloses the heating device further comprises two circuit boards 303, 304 spaced to each other with the first substrate 301 (first thermal conductive component) comprising an accommodating region for the first reagent storage portion (see 305) in the gap between the circuit boards and the first heat conductive portion 301 in a positioning region (Fig 6-1, 0053).
Regarding claim 15, LAI discloses the circuit board has through-hole and locking hole structures 309 to allow for alignment in a locking operation (Fig 6-1).
Regarding claim 16, LAI discloses the first thin film (conductive component) has at least one heat dissipating hole structure 105 formed on the accommodating region adjacent the first reagent storage portion (fig 2-5, 2-4, 2-1, 0040).
Regarding claim 17, LAI discloses the device has a temperature sensor 108 disposed on the circuit board adjacent to the reagent holder (Fig 2-1).
Regarding claim 18, LAI does not disclose a covering portion disposed on the heat conduction portion and adapted to cover the heater and temperature sensor.
However, RAWLE discloses a temperature sensor for sensing a temperature of the heating element (0093) and a heat insulating material 123 (cover) disposed to cover the heater and therefore temperature sensor (0180). It would have been obvious to one of ordinary skill in the art to modify the reagent container holding mechanism of LAI to include the insulating material cover of RAWLE because it helps to minimize heat loss (0180) and helps to maintain accurate measure of the temperature of the heating element to use in maintaining the appropriate temperature for the PCR process.
Regarding claim 19, LAI discloses a thermal conductive layer 103, 104, which would be disposed between the heater and the two heat conducting portions in the above combination (Fig 1, Fig 2-5).
Regarding claim 20, LAI discloses the heater can be a thermoelectric cooler 80 electrically connected to a power supply (generates heat by electricity) (0039) and RAWLE discloses the heater is a thermoelectric cooling device using electricity (0184-185).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See additional references on the attached PTO 892 that represent the state of the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIELLE B HENKEL whose telephone number is (571)270-5505. The examiner can normally be reached M-Th 11-7 EST, Alt. Fridays.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Marcheschi can be reached at 571-272-1374. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIELLE B HENKEL/Examiner, Art Unit 1799
/William H. Beisner/Primary Examiner, Art Unit 1799
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