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 .
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 (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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-15 are rejected under 35 U.S.C. 102(a)(1) based upon a public use or sale or other public availability of the invention.
The instant invention is anticipated by Juncker et al. (US20200346211A1).
Regarding Claim 1, Juncker et al. teaches a fluid capillary device intended to control the flow of at least two fluids according to a preprogrammed path sequence (See the Abstract, the domino microfluidic chip 100, and the Claim(s) 1, 4, 6-8, 10-11, 14-17, 19, and 21-29 in [0042]-[0078] in Fig. 6a-7), comprising a body (See in Fig. 1a-7) comprising:
- a main reservoir intended to house a first fluid (See the inlet 14, i.e. a main reservoir, in [0042] in Fig. 1a-b);
- a main channel connected to the main reservoir (See the main channel 14 in [0042] in Fig. 1a-b);
- at least one second reservoir intended to house a second fluid (See the reservoirs 12 in [0042] in Fig. 1a-b);
- at least one secondary channel connected to the second reservoir (See the channels 40 in [0072] in Fig. 6b);
- a fluid liquid attraction element connected to the main channel that provides an external pressure generating a flow of the fluids through the channels capillary action (See the capillary pump 16, i.e. a fluid liquid attraction element, in [0042] in Fig. 1a-c and 6a-b),
wherein the body (See in Fig. 6a-7) comprises:
- an air chamber connected to the secondary channel (See the air traps 42, i.e. an air chamber, in [0072] in Fig.6b);
- at least one capillary check valve, which is connected to the end of each secondary channel and faces the air chamber, wherein the capillary check valve is intended to retain the second fluid (See the stop valves 44 in [0072] in Fig. 6b);
- at least two valve channels, connecting the air chamber and the main channel (See the trigger valve 39, i.e. valve channels, in [0072] in Fig. 6b), wherein the capillary pressure between the valve channels is different enabling the fluids to pass according to a predetermined sequence (See in [0042]-[0053] in Fig. 1a-2 and in Claim 1).
Regarding Claim(s) 2-5, Juncker et al. teaches the device limitations of instant claim 1.
Juncker et al. further teaches a fluid capillary device intended to control the flow of at least two fluids according to a preprogrammed path sequence (See the Abstract, the domino microfluidic chip 100, and the Claim(s) 1, 4, 6-8, 10-11, 14-17, 19, and 21-29 in [0042]-[0078] in Fig. 6a-7), wherein the capillary check valve is a protrusion that extends from the bottom of the secondary channel reducing the depth of the same (See the stop valves 44 and the channels 40 in [0072] in Fig. 6b).
wherein the capillary check valve is an intermediate channel of smaller width than the secondary channel (See in Fig. 6a-7).
wherein the valve channels are a first valve channel and a second valve channel for each second reservoir, wherein the first valve channel has a larger cross section than the second valve channel (See the trigger valve 39, i.e. valve channels, in [0072] in Fig. 6b);
wherein the first valve channel has a greater depth than the second valve channel (See in Fig. 1a-7)
Note what is discussed in MPEP § 2144 IV. A. concerning changes in the size or portions of a claimed invention. In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. The current claim limitations regarding the cross section of valve channels and the width of channels, does not change the function of the claimed invention in comparison to the prior art.
Regarding Claim(s) 6-8, Juncker et al. teaches the device limitations of instant claim 1.
Juncker et al. further teaches a fluid capillary device intended to control the flow of at least two fluids according to a preprogrammed path sequence (See the Abstract, the domino microfluidic chip 100, and the Claim(s) 1, 4, 6-8, 10-11, 14-17, 19, and 21-29 in [0042]-[0078] in Fig. 6a-7), wherein the valve channels are parallel to each other (See the trigger valve 39, i.e. valve channels, in [0072] in Fig. 6b);
wherein the body comprises a single second reservoir, a secondary channel, an air chamber joined respectively to the secondary channel and two valve channels joined to the air chamber (See how the chip 200 having 96 reservoirs 12. The reservoirs 12, valves 39, channels 40, air pockets 42, stop valve 44, air vents 48 are identical to the chip 100 in [0072]-[0078] in Fig. 6a-7);
wherein the body comprises two second reservoirs arranged on each side of the main channel, two secondary channels, two vacuum chambers joined respectively to the secondary channels and two valve channels joined to each air chamber (See in Claim(s) 1, 4, 6-8, 10-11, 14-17, 19, and 21-29 in [0042]-[0078] in Fig. 6a-7).
Regarding Claim(s) 9-15, Juncker et al. teaches the device limitations of instant claim 1.
Juncker et al. further teaches a fluid capillary device intended to control the flow of at least two fluids according to a preprogrammed path sequence (See the Abstract, the domino microfluidic chip 100, and the Claim(s) 1, 4, 6-8, 10-11, 14-17, 19, and 21-29 in [0042]-[0078] in Fig. 6a-7), wherein the body comprises three second reservoirs arranged on one side of the main channel , three secondary channels , an air chamber joined to the secondary channels and four valve channels joined to the air chamber (See how the chip 200 having 96 reservoirs 12. The reservoirs 12, valves 39, channels 40, air pockets 42, stop valve 44, air vents 48 are identical to the chip 100 in [0072]-[0078] in Fig. 6a-7);
wherein the body comprises a reservoir between the liquid attraction element and the main channel (See how the chip 10″ further includes a reaction zone 36 fluidly connected to the main channel 14 and upstream of the capillary pump 16 in [0070] in Fig. 5a-b).
wherein the fluid attraction element is a capillary pump (See the capillary pump 16, i.e. a fluid liquid attraction element, in [0042], [0052] in Fig. 1a-c and 6a-b).
wherein the body comprises a retention protrusion housed in the main channel between the main reservoir and the valve channels (See the retention burst valve 26 in [0046]-[0048] in Fig. 1a).
wherein the body is formed by a hydrophilic material or at least a portion of the device (See the hydrophilic hydraulic layer 10a in [0060], [0072] in Fig. 1c, 6b).
wherein the body is formed either by three-dimensional printing or polydimethylsiloxane (PDMS) from a mould made with three-dimensional printing (See in [0062]-[0063], [0074] in Fig. 2).
wherein the air chamber is a channel arranged transversely to the check valves (See the air traps 42, i.e. an air chamber, and the stop valves 44 in [0072] in Fig.6a-b).
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: Delamarche et al. (US20080003572A1) and Zhang (US20200353462A1).
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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