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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: reference characters 301 and 302 in Fig. 3D and 3E. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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(s) 9 and 13 is/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 pre-AIA the applicant regards as the invention.
Claim 9 recites the limitation "the top structure" in line 2. There is insufficient antecedent basis for this limitation in the claim. It is suggested to be “a top structure.”
Claim 13 recites the limitation "the bottom structure" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. It is suggested to be “a bottom structure.”
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 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.
Claim(s) 10-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sun (CN 216484765, machine translation used for citation).
Regarding claim 10, Sun teaches a flow cell (Fig. 1-6, 9; para. 1: a tapered capillary electrode sample cell) comprising:
a set of luer fitting receptables (Fig. 2: as annotated) to connected to a first set of luer fittings (Fig. 2; p. 4, para. 3: luer outer locking connector 3);
optical windows (Fig. 3; p. 4, para. 3: detection point 9); and
indexing surfaces (Fig. 9: the outer surfaces of the flow cell for hand holding) to index on an external electrophoretic mobility measurement instrument (this limitation is functional limitation in apparatus claims. MPEP 2114 (II). It does not differentiate the claimed apparatus from a prior art apparatus because the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)).
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Regarding claim 11, Sun teaches wherein the flow cell comprises at least one leak channel (Fig. 2; p. 4, para. 3: groove 4) to divert leaked fluid to waste (this limitation is functional limitation in apparatus claims. MPEP 2114 (II). It does not differentiate the claimed apparatus from a prior art apparatus because the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)).
Regarding claim 12, Sun teaches wherein a total channel length of the flow cell (Fig. 3: the total length of sample channel 2) and a cross-sectional area of the flow cell (Fig. 3: the sample cell must have a cross-sectional area) are chosen to minimize convection, joule heating, and sample volume (this limitation is functional limitation in apparatus claims. MPEP 2114 (II). It does not differentiate the claimed apparatus from a prior art apparatus because the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)).
Regarding claim 13, Sun teaches wherein the optical windows (Fig. 3: detection point 9 at the bottom structure 8 of the cone) are recessed into the bottom structure (Fig. 9: as annotated, the detection point at the bottom is recessed from the indexing surfaces for hand holding) to prevent the windows from being mistakenly touched (this limitation is functional limitation in apparatus claims. MPEP 2114 (II). It does not differentiate the claimed apparatus from a prior art apparatus because the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)).
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Allowable Subject Matter
Claim(s) 1-8 is/are allowed, and claim 9 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art does not disclose nor render obvious all of the cumulative limitations of claims 1-9 with particular attention to the limitations:
wherein the channels comprise flow-through cylindrical electrodes (claim 1 and 7).
Here, the pertinent art, Weber (US 2019/0022646), teaches a flow cell ([Abstract]: a microfluidic flow cell) comprising a series of input/output ports 7 (Fig. 1; ¶38). Plugs 10 are inserted into the passages 8 in a fluid-tight manner (Fig. 1-2; ¶38). The plug 10 having a conical sealing face 17 that forms a press fit (Fig. 3(b)), and the slope of the sealing face 17 corresponds to the Luer standard (6% slope) (¶42). Thus, Weber teaches a first set of luer fittings (Fig. 1; ¶38: plug 10); channels (e.g., Fig. 7(a); ¶47: channel 26) coupled to the first set of luer fittings, wherein the channels comprise electrodes (Fig. 3(b); ¶40: electrode 16, 16’); electrical connectors (Fig. 3(b); ¶40: conductor pieces 15, 15’) connected to the electrodes (Fig. 3(b)) to connect to at least one external circuit (Fig. 1(c): terminal contact for connecting element 11; ¶40: the designation 11 points to electric contact elements of an operating device). The pertinent art, Hayashizaki (US 6,383,356), teaches a flow cell (Fig. 1, 4: passages 7a, 7b, 7c inside the pump block 5, 47) comprising: a first set of luer fittings (Fig. 1, 4; col. 3, ll. 53-54, 57: luer-lok joints 11, 17); channels (Fig. 1, 4: passages 7a, 7b, 7c) coupled to the first set of luer fittings, wherein the channels comprise electrodes (e.g., Fig. 4; col. 6, l. 11: electrode 53 in the passage 7c); and a second set of luer fitting to attach to the channels (e.g., Fig. 1, 4; col. 3, l. 48, 55: capillary joint 3 and switchable drain joint 15) and to external fluid connectors (e.g., Fig. 1, 4: the end 1a of the capillary 1). The pertinent art, Ikegami (US 2014/0027286), teaches a flow cell (Fig. 1; ¶38: internal chamber 11 in the interior of the sample cell container C) comprising: a first set of fittings (Fig. 5B; ¶72: caps 22, 21) that can be firmly coupled with the injection portions 17 and extraction portion 18 using threaded fittings (Fig. 1, 8, ¶82), channels (Fig. 5; ¶68: internal space 11) coupled to the first set of fittings (Fig. 5B), wherein the channels comprise electrodes (Fig. 5B: 14; Fig. 9: 14a; ¶68: a pair of embedded electrodes 14). None of these references teaches flow-through cylindrical electrodes inside the channels, shown as electrodes 130 (Fig. 2B: electrodes 130A and 130B along the channels 104A and 104B) in the instant application. Therefore, the cited references neither disclose nor render obvious all of the cumulative limitations of claims 1-9, particular to the limitation “flow-through cylindrical electrodes” in combination with other limitations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAITLYN M SUN whose telephone number is (571)272-6788. The examiner can normally be reached M-F: 8:30am - 5:30pm.
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/C. SUN/Primary Examiner, Art Unit 1795
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