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 .
Election/Restrictions
Applicant’s election with traverse of in the reply filed on 8/13/2026 is acknowledged. The traversal is on the ground that amended claims in Group II are now dependent on claim 1 of Group I. This is not found persuasive because Group I and Group II are still independent or distinct, each from the other because Inventions I and II are related as process and apparatus for its practice. The inventions are distinct if it can be shown that either: (1) the process as claimed can be practiced by another and materially different apparatus or by hand, or (2) the apparatus as claimed can be used to practice another and materially different process. (MPEP § 806.05(e)). In this case, the process of Group I as claimed can be used to practice another and materially different process such as the microfluidic channel can be used for mixing reagents, holding fluid, incubation, which are required by the process of Group II. Therefore, the argument is not persuasive.
The requirement is still deemed proper and is therefore made FINAL.
Claims 15-21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 8/13/2026.
Claim Objections
Claim 12 is objected to because of the following informalities:
Line 3, “a set of piezoelectric and/or…” should read “a set of piezoelectric components and/or…”
Appropriate correction is required.
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.
Claim 9 is 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 9 recites the limitation "the set of piezoelectric actuators are coupled to a second side of the second substrate" in lines 2-3. Claim 1 recites “a set of piezoelectric components” that are coupled to the second substrate and “a set of piezoelectric actuators” that are coupled to the support, it is unclear whether the Applicant intends to recite “piezoelectric components” in the limitation of claim 9 since that is more consistent with what is disclosed in the specification. Para. 0082 discloses piezoelectric actuator coupled to a substrate (214, 314), but it appears to be referring to the piezoelectric components 231-233 and 321-323, which can also be piezoelectric actuators as disclosed in para. 0028. The specification does not disclose the piezoelectric actuators (240, 340) that coupled to the support (245, 345) are also coupled to the second substrate (Figs. 2A-3C). Therefore, it is unclear whether the claim encompass what is disclosed or, whether it intends to recite a separate structure. For the purpose of examination, the limitation is being interpreted referring to the piezoelectric components of claim 1. Clarification is requested and appropriate correction is required.
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.
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, 5-6, 9 and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (“Automatic aligning and bonding system of PDMS layer for the fabrication of 3D microfluidic channels.” Sensors and Actuators A 119, 2005, 593–598) in view of Tanaka et al. (US 20020180312 A1), in view of Rajauria et al. (“High-Speed Discrimination and Sorting of Submicron Particles Using a Microfluidic Device.” Nano Lett. (2015) 15 (1): 469–475), and in view of Kim, Jinho et al. (A disposable microfluidic flow sensor with a reusable sensing substrate.” Sensors and Actuators B: Chemical, 2019, Vol. 288, pp. 147-154)(hereinafter “Cho” for the reason that the last name of the first author is the same as the last name of the primary reference’s author. Therefore, the last name of the second author of this reference is used instead to avoid confusion).
Regarding claim 1,
Kim teaches a microfluidic device, comprising:
a first substrate (lower layer);
a second substrate (upper layer);
a support (the sample plate of XYZ stage)(Fig. 1a) configured to support at least one of the first substrate and the second substrate (interpreted as a functional limitation. the sample plate on the XYZ stage is capable of supporting the substrates, Fig. 1 and p. 594, left col., left para.);
Kim teaches the device is an apparatus for aligning and bonding layer of microfluidic chip (Fig. 1). Kim teaches the apparatus comprises a XYZ stage, the stage includes a sample hold plate (support) for holding a first substrate (lower layer)(Fig. 1). Kim teaches the stage can be automatically actuated (title) but does not explicitly teach actuation mechanism and thus fails to teach a set of piezoelectric actuators coupled to the support and configured to adjust positioning of the support.
However, Tanaka teaches a stage device (Fig. 1) for holding and moving objects X, Y, Z and theta directions (abstract). Tanaka further teaches the device stage comprises a table 60 (support) for holding a substrate (wafer)(para. 0043), and a fine movement stage 30 mounted to the table 60 (para. 0043). Tanak further teaches fine movement stage 30 includes a plurality of piezoelectric actuators (41-46). Tanaka further teaches the piezoelectric actuators enable fine movement of table 60 (para. 0043 and 0050).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the XYZ stage taught by Kim with the stage device with fine movement stage 30 that includes a plurality of piezoelectric actuators (41-46)(Fig. 1, para. 0055) coupled to the support (Tanaka, table 60) and configured to adjust positioning of the support as taught by Tanaka in order to enable fine movements (Tanaka, para. 0011) with a reasonable expectation of success (MPEP 2143)(I)(G).
The teachings of modified Kim would yield a set of piezoelectric actuators (Tanaka, 41 and 42) coupled to the support (Tanaka, table 60) and configured to adjust positioning of the support (Tanaka, para. 0043 and 0050).
Kim teaches the device for fabricating a microfluidic chip by aligning the upper layer (first substrate) and lower layer (first substrate)(abstract). Kim teaches the second substrate (upper layer) is a PDMS layer, but Kim does not a first set of electrodes and a set of piezoelectric components coupled to a first surface (top surface) of the second substrate (upper layer);
However, Rajauria teaches a microfluidic chip comprises of first substrate (glass) and a second substrate (PDMS)(Figs. 2 and 5). Rajauria teaches the second substrate is a PDMS layer (Fig. 5). Rajauria further teaches a first set of electrodes (electrodes of transducers A1 and A2) and a set of piezoelectric components (PZT material of transducer A1 and A2) coupled to a first surface (top surface) of the second substrate (PDMS)(Fig. 5). Rajauria further teaches the chip is for sorting of submicron particles such as biological cells.
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the microfluidic chip taught by Kim with the microfluidic chip taught by Rajauria in order to assemble the microfluidic chip that can be used for sorting cells and submicron particles (Rajauria, title) with a reasonable expectation of success (MPEP 2143)(I)(G).
Modified Kim teaches the apparatus comprising a microfluidic chip with PDMS (second substrate) bonded to glass (first substrate)(Rajauria, Fig. 5). Modified Kim teaches a polymer (polymer forms by PDMS treated with UV-ozone)(Rajauria, Fig. 5, caption) adapted to removably couple the first and second substrates.
However, Cho teaches a microfluidic chip comprises a PDMS on a glass substrate (Fig. 1). Cho further teaches the chip includes a polyethylene terephthalate (PET) polymer layer between the PDMS and the glass substrate (Fig. 1), wherein the PET layer is bonded to the PDMS (Fig. 1a). Cho teaches the glass substrate comprises a vacuum hole and the PDMS comprises a vacuum trench, such that vacuum can be applied to through the hole and trench to assemble the microfluidic chip assembled, and the removal of the vacuum allows for dissembling for microfluidic chip (Fig. 1 and Design and working principle). Cho further teaches the removably assembled the PDMS/PET from the from the glass substrate enable the glass substrate to be reused (Fig. 1).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the second substrate (PDMS) and the first substrate (glass) taught by modified Kim to include PET layer and a vacuum hole, and the in order for the microfluidic chip to be removably assembled such the first substrate can be reused (Cho, abstract) with a reasonable expectation of success (MPEP 2143)(I)(G).
The teachings of modified Kim would a microfluidic device, comprising:
a first substrate (Rajauria, Fig. 5, glass substrate)(Kim’s upper and lower layers modified with Rajauria’s Fig. 5 chip);
a second substrate (Rajauria, Fig. 5’s PDMS);
a first set of electrodes (Rajauria, Figs. 2 and 5, electrodes of transducer A1 and A2) and a set of piezoelectric components (Rajauria, Figs. 2 and 5, PZT material of transducer A1 and A2) coupled to a first surface (top surface) of the second substrate (Rajauria, PDMS);
a support (Tanaka, Fig. 1, table 6)(Kim’s XYZ stage with sample plate is modified with Tanaka’s stage device) configured to support at least one of the first substrate and the second substrate (interpreted as a functional limitation. Tanaka, para. 0050, table 6 of Tanaka is structurally capable of either substrate. Modified Kim teaches Table 6 of Tanaka holds the first substate, which is the glass substrate, Kim, Fig. 1 and p. 594, left col., left para and Tanaka);
a set of piezoelectric actuators (Tanaka, piezoelectric actuators 41 and 42) coupled to the support (Tanaka, table 6)(Tanaka, paras. 0043 and 0055 and Fig. 1, actuators 41 and 42 are coupled to fine movement stage 30 which is mounted to the table 6) and configured to adjust positioning of the support (Tanaka, abstract and Fig. 1; and Cho, p. 594, “Aligning and bonding principle” and Fig. 1); and a polymer (Cho, Fig. 1, PET)(Rajauria’s Fig. 5 chip modified with Cho’s PET layer in Fig. 1 ) adapted to removably couple the first and second substrates (glass to the PDMS)(Cho, Fig. 1), wherein a microfluidic channel (channel, Rajauria, Figs. 2 and 5) is formed between the first and second substrates while the first and second substrates are coupled by the polymer (Rajauria, Fig. 5a, last step and Fig. 5 caption).
Regarding claim 2, modified Kim teaches all of the elements of the current invention as stated above with respect to claim 1. Modified Kim further comprising a second set of piezoelectric actuators (piezo-actuators 45 and 46)(Tanaka, para. 0050) configured move at least one of the first and second substrates so as to align the first substrate with the second substrate (Tanaka, para. 0050).
Regarding claim 5, modified Kim teaches all of the elements of the current invention as stated above with respect to claim 1.
Modified Kim teaches the microfluidic device comprises a stage device (Kim, Fig. 1a and Tanaka, Fig. 1) for aligning the first and second substrates (Kim, upper and lower layers)(Kim, abstract) with a fine movement stage 30 (Tanaka, Fig. 1) for fine movements (Tanaka, para. 0043).
Modified Kim does not explicitly teach the stage device of Tanaka (see claim 1) further comprising a positioning sensor, and thus fails to teach the microfluidic device further comprising a positioning sensor.
However, Tanaka teaches the fine movement stage 30 of the stage device (Tanaka, Fig. 1) comprises position sensor 37a (Tanaka, paras. 0055, 0057 and Fig. 1 and Fig. 3B) for measuring/sensing a position of the fine movement table 34 of the fine movement stage 30(Tanaka, paras. 0060 and para. 0073).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the fine movement stage 30 taught by modified Kim (claim 1; Tanaka, Fig. 1) with position sensor 37a in order to measure/sense the position of the fine movement table of the movement stage (paras. 0060 and 0073) with a reasonable expectation of success (Tanaka, para. 0060) (MPEP 2143)(I)(G).
The teachings of modified Kim would yield the microfluidic device further comprising a positioning sensor configured to sense an alignment between the first substrate and the second substrate (interpreted as a functional limitation. Tanaka’s position sensor 37a measures/senses the position of the fine movement table 34 of the fine movement stage 30 (Tanaka, paras. 0060 and 0073), which controls the alignment of the table 60 and the layer holder of Kim, and thus sense the alignment between the second substrate which is held by Kim’s layer holder and the first substrate which is on Tanaka’s table 60).
Regarding claim 6, modified Kim teaches all of the elements of the current invention as stated above with respect to claim 1. Modified Kim further teaches wherein the polymer (PET) is configured to temporarily attach the first substrate (glass) to the second substrate (PDMS)(Cho, Fig. 1, PET temporarily attach the glass substrate to the PDMS in the presence of vacuum).
Regarding claim 9, modified Kim teaches all of the elements of the current invention as stated above with respect to claim 1. Modified Kim further teaches wherein the polymer (PET of Cho, Fig. 1a) is detachably coupled to a first side (bottom side) of the second substrate (PDMS)(Cho, Fig. 1a) and the set of piezoelectric actuators (Rajauria, Fig. 5) are coupled to a second side (top side) of the second substrate (PDMS), the second side opposite the first side (in modified Kim, the PDMS of Rajauria’s chip is modified with an added layer of PET as taught by Cho).
Regarding claim 12, modified Kim teaches all of the elements of the current invention as stated above with respect to claim 1. Modified Kim further teaches the device comprising control circuitry (Rajauria, Fig. 2, control circuitry that applies Va1 and Va2) electrically coupled to the set of piezoelectric components and/or the first set of electrodes and configured to govern operation of the set of piezoelectric components and/or the first set of electrodes (Rajauria, Fig. 2 and caption).
Regarding claim 13, modified Kim teaches all of the elements of the current invention as stated above with respect to claim 1. Modified Kim further teaches wherein the first substrate is composed of glass (Rajauria, Fig. 5, glass substrate)(see claim 1).
Regarding claim 14, modified Kim teaches all of the elements of the current invention as stated above with respect to claim 1. wherein the second substrate is composed of silicon (Rajauria, Fig. 5, PDMS)(PDMS contains silicon; see claim 1).
An alternate mapping of claim 1 (same references, but includes an additional embodiment of Rajauria).
Claims 1-3, 5-6 and 9-14 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (“Automatic aligning and bonding system of PDMS layer for the fabrication of 3D microfluidic channels.” Sensors and Actuators A 119, 2005, 593–598) in view of Keiichi , in view of Rajauria et al. (“High-Speed Discrimination and Sorting of Submicron Particles Using a Microfluidic Device.” Nano Lett. (2015) 15 (1): 469–475), and in view of Cho et al. (A disposable microfluidic device with a reusable magnetophoretic functional substrate for isolation of circulating tumor cells.” Lab Chip, 2017, 17, 4113.)
Regarding claim 1,
Kim teaches a microfluidic device, comprising:
a first substrate (lower layer);
a second substrate (upper layer);
a support (the XYZ stage that includes the sample plate)(Fig. 1a) configured to support at least one of the first substrate and the second substrate (interpreted as a functional limitation. the sample plate on the XYZ stage is capable of support both substrates);
Kim teaches the device is an apparatus for aligning and bonding layer of microfluidic chip (Fig. 1). Kim teaches the apparatus comprise XYZ stage, the stage includes a sample hold plate (support) for holding a substrate (Fig. 1). Kim teaches the stage can be automatic actuated (title) but does not explicitly teach how stage is actuated and thus fails to teach a set of piezoelectric actuators coupled to the support and configured to adjust positioning of the support.
However, Tanaka teaches a stage device (Fig. 1) for holding and moving objects X, Y, Z and theta directions (abstract). Tanaka further teaches the device stage comprises a table 60 (support) for holding a substrate (wafer)(para. 0043), and a fine movement stage 30 mounted to the table 60 (para. 0043). Tanak further teaches fine movement stage 30 includes a plurality of piezoelectric actuators (41-46). Tanaka further teaches the piezoelectric actuators enable fine movement of table 60 (para. 0043 and 0050).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the XYZ stage taught by Kim with the stage device with fine movement stage 30 that includes a plurality of piezoelectric actuators (41-46)(Fig. 1) coupled to the support (Tanaka, table 60) and configured to adjust positioning of the support as taught by Tanaka in order to enable fine movements (Tanaka, para. 0011) with a reasonable expectation of success (MPEP 2143)(I)(G).
The teachings of modified Kim would yield a set of piezoelectric actuators (Tanaka, 41 and 42) coupled to the support (Tanaka, table 60) and configured to adjust positioning of the support (Tanaka, para. 0043 and 0050).
Kim teaches the device for fabricating a microfluidic chip by aligning the upper layer (first substrate) and lower layer (first substrate)(abstract). Kim teaches the second substrate (upper layer) is a PDMS layer, but Kim does not a first set of electrodes and a set of piezoelectric components coupled to a first surface (top surface) of the second substrate (upper layer);
However, Rajauria teaches a microfluidic chip (Figs. 2 and 5) comprises of first substrate (glass) and a second substrate (PDMS)(Figs. 2 and 5). Rajauria teaches the second substrate is a PDMS layer (Fig. 5). Rajauria further teaches a first set of electrodes (electrodes of transducers A1 and A2) and a set of piezoelectric components (PZT material of transducer A1 and A2) coupled to a first surface (top surface) of the second substrate (PDMS)(Fig. 5). Rajauria further teaches the chip is for sorting of submicron particles such as biological cells.
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the microfluidic chip taught by Kim with the microfluidic chip taught by Rajauria in order to assemble a microfluidic chip that can be used for sorting biological cells and submicron particles (Rajauria, title) with a reasonable expectation of success (MPEP 2143)(I)(G).
The teachings of modified Kim in view of Rajauria teaches a set of piezoelectric components (piezoelectric transducer A1 and A2) coupled to a first surface (top surface) of the second substrate (PDMS)(Fig. 5), but fails to teach a first set of electrodes coupled to a first surface of the second substrate.
However, Rajauria further teaches a cell sorting microfluidic chip of another configuration that includes a resistive pulse sensing (Fig. 1, abstract). Rajauria the teaches the microfluidic chip of Fig. 1 comprise a first set of electrodes (electrodes for applying Va and Vb and measuring Vout) for to perform electrical based determination of particle size (abstract, Fig. 1 caption).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the microchip chip (the chip in Figs. 2 and 5 of Rajauria) taught by modified Kim with the microchip of Fig. 1 of Rajauria that includes a set of electrodes (for Va, Vb and Vout application and measurement) on the PDMS layer as taught by Rajauria in Figs. 1 and 5 in order to have a microfluidic chip with resistive pulse sensing capability for the electrical based determination of particle size prior to the particles/cells being sorted by the piezoelectric actuator into different output channel with a reasonable expectation of success (MPEP 2143)(I)(G).
Modified Kim teaches the apparatus comprising a microfluidic chip (the chip of Fig. 1 of Rajauria fabricated based on Fig. 5) with PDMS (second substrate) bonded to glass (first substrate). Modified Kim teaches a polymer (polymer forms by PDMS treated with UV-ozone)(Rajauria, Fig. 5, caption) adapted to removably couple the first and second substrates.
However, Cho teaches a microfluidic chip comprises a PDMS on a glass substrate (Fig. 1). Cho further teaches the chip includes a polyethylene terephthalate (PET) polymer layer between the PDMS and the glass substrate (Fig. 1), wherein the PET layer is bonded to the PDMS (Fig. 1a). Cho teaches the glass substrate comprises a vacuum hole and the PDMS comprises a vacuum trench, such that vacuum can be applied to through the hole and trench to assemble the microfluidic chip assembled, and the removal of the vacuum allows for dissembling for microfluidic chip (Fig. 1 and Design and working principle). Cho further teaches the removably assembled the PDMS/PET from the from the glass substrate enable the glass substrate to be reused.
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the second substrate (PDMS) and the first substrate (glass) taught by modified Kim to include PET layer and a vacuum hole, and the in order for the microfluidic chip to be removably assembled such the first substrate can be reused (Cho, abstract and Fig. 1) with a reasonable expectation of success (MPEP 2143)(I)(G).
The teachings of modified Kim would a microfluidic device, comprising:
a first substrate (Rajauria, Fig. 5, glass substrate)(Kim’s upper and lower layers modified with Rajauria’s Fig. 5 chip with Fig. 1’s configuration);
a second substrate (Rajauria, Fig. 5’s PDMS);
a first set of electrodes (Rajauria, Figs. 1 and 5, electrodes for applying Va and Vb and measuring Vout) and a set of piezoelectric components (Rajauria, Figs. 1 and abstract, piezoelectric actuators A1 and A2) coupled to a first surface (top surface) of the second substrate (Rajauria, Fig. 5, PDMS);
a support (Tanaka, Fig. 1, table 6)(Kim’s XYZ stage with sample plate is modified with Tanaka’s stage device) configured to support at least one of the first substrate and the second substrate (interpreted as a functional limitation. Tanaka, para. 0050, table 6 of Tanaka is structurally capable of either substrate. Modified Kim teaches Table 6 of Tanaka holds the first substate, which is the glass substrate, Kim, Fig. 1 and p. 594, left col., left para and Tanaka);
a set of piezoelectric actuators (Tanaka, piezoelectric actuators 41 and 42) coupled to the support (Tanaka, table 6)(Tanaka, paras. 0043 and 0055 and Fig. 1, actuators 41 and 42 are coupled to fine movement stage 30 which is mounted to the table 6) and configured to adjust positioning of the support (Tanaka, abstract and Fig. 1; and Cho, p. 594, “Aligning and bonding principle” and Fig. 1); and a polymer (Cho, Fig. 1, PET)(Rajauria’s Fig. 5 chip modified with Cho’s PET layer in Fig. 1 ) adapted to removably couple the first and second substrates (glass to the PDMS)(Cho, Fig. 1 and abstract), wherein a microfluidic channel (channel, Rajauria, Figs. 1 and 5) is formed between the first and second substrates while the first and second substrates are coupled by the polymer (Rajauria, Fig. 5a, last step and Fig. 5 caption).
Regarding claim 2, modified Kim teaches all of the elements of the current invention as stated above with respect to claim 1. Modified Kim further comprising a second set of piezoelectric actuators (piezo-actuators 45 and 46)(Tanaka, para. 0050) configured move at least one of the first and second substrates so as to align the first substrate with the second substrate (Tanaka, para. 0050).
Regarding claim 3, modified Kim teaches all of the elements of the current invention as stated above with respect to claim 1. Modified Kim further teaches wherein the first set of electrodes (Rajauria, Fig. 1, electrodes for applying Va and Vb and measuring Vout) comprises one or more sensing electrodes configured to sense one or more properties of a particle in the microfluidic channel (Rajauria, abstract and Fig. 1 caption, the electrodes are electrical based sensing of particle size).
Regarding claim 5, modified Kim teaches all of the elements of the current invention as stated above with respect to claim 1.
Modified Kim teaches the microfluidic device comprises a stage device (Kim, Fig. 1a and Tanaka, Fig. 1) for aligning the first and second substrates (Kim, upper and lower layers)(Kim, abstract) with a fine movement stage 30 (Tanaka, Fig. 1) for fine movements.
Modified Kim does not explicitly teach the stage device of Tanaka (see claim 1) further comprising a positioning sensor, and thus fails to teach the microfluidic device further comprising a positioning sensor.
However, Tanaka teaches the fine movement stage 30 of the stage device (Tanaka, Fig. 1) comprises position sensor 37a (Tanaka, paras. 0055, 0057 and Fig. 1 and Fig. 3B) for measuring/sensing a position of the fine movement table 34 of the fine movement stage 30(Tanaka, paras. 0060 and para. 0073).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the fine movement stage 30 taught by modified Kim (claim 1; Tanaka, Fig. 1) with position sensor 37a in order to measure/sense the position of the fine movement table of the movement stage (paras. 0060 and 0073) with a reasonable expectation of success (Tanaka, para. 0060) (MPEP 2143)(I)(G).
The teachings of modified Kim would yield the microfluidic device further comprising a positioning sensor configured to sense an alignment between the first substrate and the second substrate (interpreted as a functional limitation. Tanaka’s position sensor 37a measures/senses the position of the fine movement table 34 of the fine movement stage 30 (Tanaka, paras. 0060 and 0073), which controls the alignment of the table 60 and the layer holder of Kim, and thus sense the alignment between the second substrate which is held by Kim’s layer holder and the first substrate which is on Tanaka’s table 60).
Regarding claim 6, modified Kim teaches all of the elements of the current invention as stated above with respect to claim 1. Modified Kim further teaches wherein the polymer (PET) is configured to temporarily attach the first substrate (glass) to the second substrate (PDMS)(Cho, Fig. 1, PET temporarily attach the glass substrate to the PDMS in the presence of vacuum).
Regarding claim 9, modified Kim teaches all of the elements of the current invention as stated above with respect to claim 1. Modified Kim further teaches wherein the polymer (PET of Cho, Fig. 1a) is detachably coupled to a first side (bottom side) of the second substrate (PDMS)(Cho, Fig. 1a) and the set of piezoelectric actuators (Rajauria, Fig. 5) are coupled to a second side (top side) of the second substrate (PDMS), the second side opposite the first side (in modified Kim, the PDMS of Rajauria’s chip is modified with an added layer of PET as taught by Cho).
Regarding claim 10, modified Kim teaches all of the elements of the current invention as stated above with respect to claim 1. Modified Kim further teaches wherein the set of piezoelectric components (Rajauria, Fig. 1, A1 and A2) comprises a one or more piezoelectric actuators (Rajauria, Fig. 1 and abstract, A1 and A2 are piezoelectric actuators).
Regarding claim 11, modified Kim teaches all of the elements of the current invention as stated above with respect to claim 1. Modified Kim further teaches wherein the microfluidic channel (Rajauria, Fig. 1, the channel from inlet to the three outlets) includes an outlet (Rajauria, Fig. 1, out A), and wherein the set of piezoelectric components (Rajauria, Fig. 1, A1 and A2) comprises one or more piezoelectric actuators (Rajauria, abstract and Fig. 1, A1 and A2 are piezoelectric actuators) arranged adjacent to the outlet (Rajauria, Fig. 1).
Regarding claim 12, modified Kim teaches all of the elements of the current invention as stated above with respect to claim 1. Modified Kim further teaches the device comprising control circuitry (control circuitry that apply Va, Vb, and measures Vout) electrically coupled to the set of piezoelectric components and/or the first set of electrodes and configured to govern operation of the set of piezoelectric and/or the first set of electrodes (Rajauria, Fig. 1 and caption).
Regarding claim 13, modified Kim teaches all of the elements of the current invention as stated above with respect to claim 1. Modified Kim further teaches wherein the first substrate is composed of glass (Rajauria, Fig. 5, glass substrate)(see claim 1).
Regarding claim 14, modified Kim teaches all of the elements of the current invention as stated above with respect to claim 1. wherein the second substrate is composed of silicon (Rajauria, Fig. 5, PDMS)(PDMS contains silicon; see claim 1).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (“Automatic aligning and bonding system of PDMS layer for the fabrication of 3D microfluidic channels.” Sensors and Actuators A 119, 2005, 593–598) in view of Tanaka et al. (US 20020180312 A1), in view of Rajauria et al. (“High-Speed Discrimination and Sorting of Submicron Particles Using a Microfluidic Device.” Nano Lett. (2015) 15 (1): 469–475), and in view of Kim, Jinho et al. (“A disposable microfluidic flow sensor with a reusable sensing substrate.” Sensors and Actuators B: Chemical, 2019, Vol. 288, pp. 147-154)(hereinafter “Cho” for the reason that the last name of the first author of this publication is the same as the last name of the author of the primary reference. Therefore, the last name of the second author is referenced instead to avoid confusion), and further in view of Saleh et al. (“An Artificial Nanopore for Molecular Sensing.” Nano Lett. (2003) 3 (1): 37–38).
Based on the 1st mapping of claim 1 (and not the alternate mapping).
Regarding claim 4, modified Kim teaches all of the elements of the current invention as stated above with respect to claim 1.
Modified Kim further teaches the device comprises a microfluidic chip (the chip in Fig. 2 of Rajauria) comprising a first substrate (PDMS) bond on a second substrate (glass)(Rajauria, Fig. 5). Modified Kim teaches that microfluidic chip can be used for cell sorting (Rajauria, abstract and Fig. 2 caption) but does not have the resistive pulse sensing capacity, and thus modified Kim fails to teach the device further comprising a second set of electrodes coupled to the first substrate.
However, Rajauria further teaches a cell sorting microfluidic chip of another configuration that includes a resistive pulse sensing (Fig. 1, abstract). Rajauria the teaches the microfluidic chip of Fig. 1 comprise a first set of electrodes (electrodes for applying Va and Vb and measuring Vout) for to perform electrical based determination of particle size (abstract, Fig. 1 caption). In addition, Saleh teaches a microfluid chip for resistive pulse sensing (Saleh, Fig. 2; Rajauria, “Electrically Based Size Detection and Discrimination” indicates that Saleh teaches resistive pulse sensing). Saleh teaches the chip comprises a PDMS (second substrate) bonded on a glass substrate (first substrate)(Fig. 1), and a second set of electrodes coupled to the first substrate (glass).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the microchip chip (the chip in Figs. 2 and 5 of Rajauria) taught by modified Kim with the microchip of Fig. 1 of Rajauria that includes a set of electrodes (for Va, Vb and Vout application and measurement) on the glass layer as taught by Rajauria in Figs. 1 and Saleh (Fig. 1) in order to have a microfluidic chip with resistive pulse sensing capability for the electrical based determination of particle size prior to the particles/cells being sorted by the piezoelectric actuator into different output channel (Rajauria, abstract) with a reasonable expectation of success (MPEP 2143)(I)(G).
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (“Automatic aligning and bonding system of PDMS layer for the fabrication of 3D microfluidic channels.” Sensors and Actuators A 119, 2005, 593–598) in view of Tanaka et al. (US 20020180312 A1), in view of Rajauria et al. (“High-Speed Discrimination and Sorting of Submicron Particles Using a Microfluidic Device.” Nano Lett. (2015) 15 (1): 469–475), and in view of Kim, Jinho et al. (“A disposable microfluidic flow sensor with a reusable sensing substrate.” Sensors and Actuators B: Chemical, 2019, Vol. 288, pp. 147-154)(hereinafter “Cho” for the reason that the last name of the first author of this publication is the same as the last name of the author of the primary reference. Therefore, the last name of the second author is referenced instead to avoid confusion), and further in view of Lo (US 20150368635 A1)
Based on both mappings of claim 1
Regarding claim 7, modified Kim teaches all of the elements of the current invention as stated above with respect to claim 1.
Modified Kim teaches after cells or particles are being deflected by the actuator and directing/ejecting the particles one of outlets (OUT A of OUT B)(Rajauria, Fig. 2; in the alternative mapping, Rajauria, Fig. 1), and thus fails to teach the device comprising a reservoir tank coupled to an outlet channel of the microfluidic channel, the reservoir tank configured to capture fluid ejected from microfluidic channel via the outlet channel.
However, Lo teaches a microfluidic device (110) for isolating components in a fluid sample (para. 0027). Lo further teaches the device comprises channel 112 for processing the fluid sample and channel 112 is connected to multiple outlets 117 and chambers 115 to remove and collect the processed sample, respectively (para. 0035 and 0037). Lo teaches the portion of the sample collected in the chambers (115) can be further analyzed (para. 0037).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified outlets OUT A and OUT B taught by modified Kim (Rajauria, Fig. 2)(alternative, Rajauria, Fig. 1) with the chambers as taught by Lo (para. 0037) in order for sorted components to be further analyzed (Lo, para. 0037) with a reasonable expectation of success (MPEP 2143)(I)(G).
The teachings of modified Kim would yield the device comprising a reservoir tank (see annotated Fig. A below) coupled to an outlet channel of the microfluidic channel, the reservoir tank configured to capture fluid ejected from microfluidic channel via the outlet channel.
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Figure A, annotated Fig. 2 of Rajauria.
Regarding claim 8, microfluidic device of claim 7, wherein the reservoir tank comprises a plurality of compartments (see annotated Fig. A); and the microfluidic device further comprising control circuitry (the circuitry that apply a voltage to the piezoelectric actuators A1 and A2 for Fig. 2; and in the alternate mapping, for circuity Fig. A1 and A2 in Fig. 1) configured to selectively cause different portions of a fluidic sample to be ejected into different compartments of the plurality of compartments (Rajauria, abstract, Fig. 2 caption; and in the alternate mapping Fig. 1 and caption).
Conclusion
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/M.L.C./Examiner, Art Unit 1758
/MARIS R KESSEL/Supervisory Patent Examiner, Art Unit 1758
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