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). The certified copy has been filed in parent Application No. BE2021/5745, filed on 09/21/2021.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
Claim(s) 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Leslie et al. (US20200240898A1) and Huang (US20210387198A1).
Regarding Claim 1, Leslie et al. teaches a cassette configured to contain a microfluidic chip (See the Abstract, the miniaturized nanofluidic flow cell 1 and 50, and the Claim(s) 1-2, 4-18, and 26-28 in [0081]-[0176] in Fig. 1-22), the cassette (See the manifold assembly 100, i.e. a cassette, in [0127]-[0149] in Fig. 12-19) comprising a base made of rigid material and provided with a first wall and a cover made of rigid material and provided with a second wall (See the mounting base 90 and the rigid piece 110, i.e. a cover, in [0128] in Fig. 12-19),
said cassette having an analysis position and an introduction position (See in [0127]-[0149] in Fig. 12-19),
said analysis position being a closed position wherein said first wall is opposite said second wall and is spaced apart from the second wall by a predetermined distance and forms a receiving cavity configured to receive a microfluidic chip (See how for receiving the imaging chip 50 and nanofluidic flow cell 1, the rigid piece 110 comprises a central empty space 112 defining an area configured for receiving the imaging chip 50 carrying the nanofluidic flow cell 1, when loaded onto a microscope in [0129] in Fig. 12-20),
said first wall and said second wall each comprising an optically transparent viewing area, the viewing area of said first wall being positioned to be at least partially aligned transversally with the viewing area of said second wall when the cassette is in the analysis position (See how the combined empty space 95 at the center of the rigid piece 110, i.e. a viewing areas, is further configured to receive, indirectly, an imaging chip 50 carrying a nanofluidic flow cell 1 in [0127]-[0149] in Fig. 12-20),
said cassette comprising a series of connection ports (See how the base also comprises side walls with apertures 93 for providing access to connectors 152a, 152b, 154a, 154b and 150 in [0128] in Fig. 12-19), each port of said series of connection ports being arranged to be passed through by a connection tube enabling a fluid to pass through (See how the rigid piece 110 comprises four corresponding bores 111 extending through the rigid piece 110 that are positioned and adapted for defining channels providing a fluid connection between the fluid ports of the microchannels and an exterior of the rigid piece via optional connectors 152a, 152b, 154a, 154b in [0130] in Fig. 12-20),
said second wall further comprising at least one sample introduction port (See the bore 111, i.e. a sample introduction port, in [0130]-[0132] in Fig. 12-20),
said sample introduction port having a diameter greater than 1mm (See in [0099]-[0100]) and being configured to receive a conical reservoir (See how the rigid piece 110 further comprises a central bore 120 extending inside the central empty space 112 of the rigid piece 110, the central bore 120 being configured to be positioned over the central bore 52 of the carrier 50 in [0128]-[0136] in Fig. 12-20).
Leslie et al. fails to explicitly teach a cassette configured to contain a microfluidic chip, the cassette comprising a sample introduction port having a diameter greater than 1mm and being configured to receive a tapered tank, wherein a tip of said tank projects on both sides of said sample introduction port, and said cassette comprises a tank holder comprising (i) an outer side wall defining a cavity, (ii) an upper end provided with an upper port and (iii) a lower end provided with a lower port, said tank holder being in fluid communication with said sample introduction port when the cassette is in the analysis position and therefore arranged to be connected to said sample introduction port, said lower port having a diameter smaller than a diameter of said upper port and being sized to abuttingly receive a side portion of the tapered tank and house the tapered tank so that a most pointed end of said tapered tank projects from the sample introduction port and ends in the receiving cavity while a residual portion of the tapered tank is housed in the tank holder.
However, in the analogous art of matching reservoir and holder platforms for microfluidic chips, Huang teaches a cassette configured to contain a microfluidic chip (See the Abstract, the microfluidic chip 20, and the Claim(s) 1-12 in [0025]-[0040] in Fig. 1-7C), the cassette (See the microfluidic chip 20, i.e. a cassette, that contains the microfluidic chip 22, the body 23, and the upper plate 21 in [0026] in Fig. 1A-G) comprising:
a sample introduction port having a diameter greater than 1mm and being configured to receive a tapered tank (See how the reservoir 10 includes at least one first coupling unit 110, i.e. a sample introduction port, and at least one second coupling unit 120 in [0027] in Fig. 1A-G),
wherein a tip of said tank projects on both sides of said sample introduction port (See the pipette 30 in [0026]-[0039] in Fig. 1A-7C), and
said cassette comprises a tank holder (See the second coupling unit 120, i.e. a tank holder, having different designs of the groups 120A, 120B or 120 in [0027] in Fig. 1A-G) comprising
(i) an outer side wall defining a cavity (See the pipe 123, i.e. a cavity, in [0029] in Fig 1B-C),
(ii) an upper end provided with an upper port (See the fourth end 122 in [0029] in Fig. 1B-C) and (iii) a lower end provided with a lower port (See the third end 121 in [0029] in Fig. 1B-C),
said tank holder being in fluid communication with said sample introduction port when the cassette is in the analysis position and therefore arranged to be connected to said sample introduction port (See in [0025]-[0040] in Fig. 1-7C),
said lower port having a diameter smaller than a diameter of said upper port and being sized to abuttingly receive a side portion of the tapered tank and house the tapered tank so that a most pointed end of said tapered tank projects from the sample introduction port and ends in the receiving cavity while a residual portion of the tapered tank is housed in the tank holder (See in [0025]-[0040] in Fig. 1-7C).
Thus, it would be obvious to one with ordinary skills in the arts to modify the cassette of Leslie et al. a incorporating a sample introduction port and a tank holder (as taught by Huang) for the benefit of transferring fluids onto a microfluidic chip inside a cassette.
Regarding Claim(s) 2-3, The combination of Leslie et al. and Huang teaches the device limitations of instant claim 1.
Leslie et al. further teaches a cassette configured to contain a microfluidic chip (See the Abstract, the miniaturized nanofluidic flow cell 1 and 50, and the Claim(s) 1-2, 4-18, and 26-28 in [0081]-[0176] in Fig. 1-22), wherein said series of connection ports comprises a first set of connection ports positioned on said first wall and a second set of connection ports positioned on the second wall (See how the base also comprises side walls with apertures 93 for providing access to connectors 152a, 152b, 154a, 154b and 150 in [0128] in Fig. 12-19), said first set of connection ports and said second set of connection ports having an identical number of connection ports (See how the rigid piece 110 comprises four corresponding bores 111 extending through the rigid piece 110 that are positioned and adapted for defining channels providing a fluid connection between the fluid ports of the microchannels and an exterior of the rigid piece via optional connectors 152a, 152b, 154a, 154b in [0130] in Fig. 12-20), said number of connection ports being selected from 1, 2,3,4,5,6, 7, 8, 9, 10, at least one port of said first set of connection ports and at least one connection port of said second set of connection ports being aligned transversally when the cassette is in the analysis position (See how the rigid piece 110 further comprises a central bore 120 extending inside the central empty space 112 of the rigid piece 110, the central bore 120 being configured to be positioned over the central bore 52 of the carrier 50 in [0128]-[0136] in Fig. 12-20);
wherein said series of connection ports further comprises a set of fluid connection ports, each fluid connection port being arranged to enable an inlet or outlet connection tube for a fluid configured to circulate in a microfluidic circuit of the microfluidic chip to pass through (See the connections 111 and 120 in [0128]-[0131] in Fig. 12-20).
Regarding Claim(s) 4-5, The combination of Leslie et al. and Huang teaches the device limitations of instant claim 1.
Leslie et al. further teaches a cassette configured to contain a microfluidic chip (See the Abstract, the miniaturized nanofluidic flow cell 1 and 50, and the Claim(s) 1-2, 4-18, and 26-28 in [0081]-[0176] in Fig. 1-22), wherein said base and/or the cover has/have one or more baffles delimiting a receiving area arranged to receive and confine the microfluidic chip in a predetermined analysis position when the cassette is in the analysis position (See in [0128]-[0135] in Fig. 12, 19);
wherein said base and/or the cover has/have one or more baffles delimiting a receiving area arranged to receive and confine the microfluidic chip in a predetermined analysis position when the cassette is in the analysis position, and the fluid connection ports of said set of fluid connection ports are located in an area of the first wall or the second wall so as to end in the receiving area (See in Fig. 12-20).
Regarding Claim(s) 6-8, The combination of Leslie et al. and Huang teaches the device limitations of instant claim 1.
Leslie et al. fails to explicitly teach a cassette configured to contain a microfluidic chip, wherein said cavity is a cavity having a diameter which tapers from the upper end towards the lower end, the inner side wall of said cavity being arranged to be in contact with an outer surface of a side wall of said tapered tank; wherein said sample introduction port is provided with attachment means arranged to attach the tank or the tank holder; wherein the lower end of the tank holder is arranged to be screwed into a thread formed in the sample introduction port, or fitted, glued or welded.
However, in the analogous art of matching reservoir and holder platforms for microfluidic chips, Huang further teaches a cassette configured to contain a microfluidic chip (See the Abstract, the microfluidic chip 20, and the Claim(s) 1-12 in [0025]-[0040] in Fig. 1-7C), wherein said cavity is a cavity having a diameter which tapers from the upper end towards the lower end, the inner side wall of said cavity being arranged to be in contact with an outer surface of a side wall of said tapered tank (See how the pipe 123, i.e. a cavity, has a third end 121 and a fourth end 122 opposed to the third end 121, and a pipe 123 connected between the third end 121 and the fourth end 122. The third end 121 of the second coupling unit 120 is coupled to the second end 112 of the first coupling unit 110 in [0029] in Fig 1B-C, 3A-B; Also, see the second coupling unit 120, i.e. a tank holder, having different designs of the groups 120A, 120B or 120 in [0027] in Fig. 1A-G);
wherein said sample introduction port is provided with attachment means arranged to attach the tank or the tank holder (See how the second end 112 of the first coupling unit 110 is a protrude ring fastener in [0027]-[0030] in Fig. 1B-C, 3A-B);
wherein the lower end of the tank holder is arranged to be screwed into a thread formed in the sample introduction port, or fitted, glued or welded (See [0027]-[0039] in Fig. 1B-C, 3A-B).
Thus, it would be obvious to one with ordinary skills in the arts to modify the cassette of Leslie et al. a tank holder comprising a cavity and an attachment means (as taught by Huang) for the benefit of transferring fluids onto a microfluidic chip inside a cassette.
Regarding Claim(s) 9-10, The combination of Leslie et al. and Huang teaches the device limitations of instant claim 1.
Leslie et al. further teaches a cassette configured to contain a microfluidic chip (See the Abstract, the miniaturized nanofluidic flow cell 1 and 50, and the Claim(s) 1-2, 4-18, and 26-28 in [0081]-[0176] in Fig. 1-22), wherein said spacing means is selected from a plurality of spacer blocks, a plurality of stops, a side wall, a set of side walls and combinations thereof, said spacing means being present on the cover and/or on the base of said cassette (See how for receiving the imaging chip 50 and nanofluidic flow cell 1, the rigid piece 110 comprises a central empty space 112 defining an area configured for receiving the imaging chip 50 carrying the nanofluidic flow cell 1, when loaded onto a microscope in [0129] in Fig. 12-20);
wherein said cover is removably connected to said base by connecting means selected from at least one hinge, a plurality of stud inserts, a plurality of clamps, a plurality of tubes and tenons, a plurality of tongues and mortises to enable the cover and the base to be joined (See in Fig. 12-20).
Regarding Claim(s) 11-15, The combination of Leslie et al. and Huang teaches the device limitations of instant claim 1.
Leslie et al. further teaches an assembly (See the Abstract, the miniaturized nanofluidic flow cell 1 and 50, and the Claim(s) 1-2, 4-18, and 26-28 in [0081]-[0176] in Fig. 1-22), wherein the cassette and the tank holder are assembled or to be assembled (See in Claim(s) 1-2, 4-18, and 26-28);
further comprising a microfluidic chip housed in the receiving cavity (See the miniaturized nanofluidic flow cell 1, 50, 60 in [0128] in Fig. 12,19);
wherein the base and the cover are sealed (See the mounting base 90 and the rigid piece 110, i.e. a cover, in [0128] in Fig. 12-19);
wherein in the analysis position, said first wall is spaced apart from the second wall by a spacing means (See in [0128]-[0135] in Fig. 12, 19);
wherein the most pointed end of said tapered tank ends in a receiving area (See how the combined empty space 95 at the center of the rigid piece 110, i.e. a viewing areas, is further configured to receive, indirectly, an imaging chip 50 carrying a nanofluidic flow cell 1 in [0127]-[0149] in Fig. 12-20).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following prior art teaches similar devices and methods: Boyd et al. (US20170014824A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRITNEY N. WASHINGTON whose telephone number is (703)756-5959. The examiner can normally be reached Monday-Friday 9:00am - 5:30pm CT.
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/BRITNEY N. WASHINGTON/Examiner, Art Unit 1797
/JENNIFER WECKER/Primary Examiner, Art Unit 1797
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