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 § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 15 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claim is directed to a “usage” claim. Applicant is urged to recite, “A method of sealing a microfluidic device” with the appropriate positive process limitations for example. Claim 15 does not recited any steps in a positive manner (see 112 below).
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 15 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 15 does not set out any positive steps that is direct to a process claim and therefore is indefinite. The claim merely recites a use without any active, positive steps delimiting how this use is actually practiced. Claim 15 for example should set out positive process limitations such as, A method of sealing a microfluidic device that comprises: adding a substance in the device via an opening and sealing the opening with the adhesive film; or removing a substance from the device through the opening and sealing the opening with the adhesive film.
Claim Rejections - 35 USC § 102
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.
Claims 1-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cohen et al. (US 2012/0195810).
Regarding claim 1, Cohen discloses an adhesive film (fig. 1, ref. 140) for sealing an opening of a microfluidic device, in particular an opening for feeding or removing substances (this limitation is drawn to a process or intended use limitation which does not further structurally limit the instant claim. The microfluidic device is not positively recited in the claim. For examination, claim 1 is drawn to only the adhesive film which can be applied to a microfluidic device at a later time. The prior art discloses an adhesive film that is applied to a microfluidic device), wherein the adhesive film comprises a protective film (this limitation does not further structurally limit the instant claim as an adhesive film is capable of being protective in that it structurally capable of covering an opening or by being protective by shielding a component. A “protective” film does not provide any further structure; Cohen discloses a top layer 132 and an adhesive layer 130).
Regarding claim 2, the adhesive film according to claim 1, wherein the adhesive film comprises a first tab (any corner of the cover can be interpreted as a first tab, due to the structure being capable of being grabbed in order to remove the adhesive film), in particular for covering the opening, wherein the tab preferably comprises at least a section of the protective film (the corner of the film).
Regarding claim 3, the adhesive film according to claim 2, wherein the first tab comprises a first incised region of the adhesive film (para, 13, a first hooking component to a tension wire that is attached to the cover through the adhesive sheet and cover plate, this is interpreted as the first incised region of the adhesive film).
Regarding claim 4, the adhesive film according to claim 2, wherein the adhesive film comprises a second tab (a second corner different than the first tab corner), in particular for covering a further opening of the device (The microfluidic device is not positively recited in the claim. For examination, claim 1 is drawn to only the adhesive film which can be applied to a microfluidic device at a later time. The prior art discloses an adhesive film that is applied to a microfluidic device).
Regarding claim 5, the adhesive film according to claim 4, wherein the first tab and/or the second tab comprise a protrusion for respectively moving the first or the second tab (para, 13, a first hooking component to a tension wire that is attached to the cover through the adhesive sheet and cover plate, this is interpreted as the first incised region of the adhesive film).
Regarding claim 6, the adhesive film according to claim 1, wherein the adhesive film comprises no adhesive (area at chamber 136 is provided with no adhesive, para. 41) in a region covering the opening.
Regarding claim 7, the adhesive film according to claim 1, wherein a section of the adhesive film is separated from a remainder of the adhesive film by an incision or gap and connected via a section of the protective film (see fig. 1b, ref. 128a is separate from a remainder of the adhesive film by a gap).
Regarding claim 8, the adhesive film according to claim 1, wherein the adhesive film, in particular the first tab, comprises a marking for attaching/adhering a substance (the middle area is a marking where the adhesive film is provided around the opening 136).
Regarding claim 9, a microfluidic device (abstract, fig. 1), in particular a microfluidic cartridge, comprising an adhesive film according to claim 1 (See rejection of claim 1).
Regarding claim 10, the device according to claim 9, wherein an opening (136) covered by the adhesive film leads into a reagent chamber (138), in particular into a mastermix reagent chamber (138).
Regarding claim 11, the device according to claim 10, wherein the reagent chamber (136) comprises a reagent (138, in particular a mastermix reagent (para 40).
Regarding claim 12, the device according to claim 1, wherein the adhesive film is arranged on the device such that a first tab of the adhesive film covers an opening (see fig. 1-3, ref. 136 opening is covered by adhesive film 140), and a second tab preferably covers a further opening (multiple openings for reagents are disclosed), wherein at least portions of the first tab and/or the second tab are preferably formed by incisions in the adhesive film (para, 13, a first hooking component to a tension wire that is attached to the cover through the adhesive sheet and cover plate, this is interpreted as the first incised region of the adhesive film).
Regarding claim 13, the device according to claim 12, wherein the tab comprises a protective film (140) that is able to be peeled away, wherein the protective film (140) that is able to be peeled away is preferably arranged on a side facing the opening (see fig. 1).
Regarding claim 14, the device according to claim 1, wherein the adhesive film is structured and/or trimmed such that no entire surface of the device is covered by the adhesive film, and at least one chamber of the device is preferably not covered by the adhesive film (see fig. 1, opening 136 is not covered by the adhesive film).
Regarding claim 15, usage of an adhesive film according to one 1, by a microfluidic device, wherein an opening (136) of a microfluidic device (fig. 1) is covered by the adhesive film 140) and preferably sealed after a substance has been introduced into the device via the opening (138) or after a substance has been removed from the device (fig. 1) through the opening (136).
Regarding claim 16, the adhesive film according to claim 1, wherein the opening of the microfluidic device is an opening for feeding or removing substances (the microfluidic device is not positively recited in claim 1 and is not part of the invention. Claim 1 is drawn to the adhesive film which can be added to a microfluidic device at a later time. Further Cohen provides an opening 136 which is capable of accepting reagents therethrough).
Regarding claim 17, the adhesive film according to claim 9, wherein the microfluidic device is a microfluidic cartridge (abstract, fig. 1).
Regarding claim 18, the device according to claim 11, wherein: the reagent chamber is a mastermix reagent chamber (reagent 138 is added to the reagent chamber 136), and the mastermix reagent chamber comprises a mastermix reagent (mastermix does not provide any further structure to what the reagent is composed of. Applicant is urged to claim specific reagents or generally reagents directed to PCR. Cohen discloses PCR reagents that are used in the microfluidic device, para 104).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL P SIEFKE whose telephone number is (571)272-1262. The examiner can normally be reached Monday-Friday 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Maris Kessel can be reached at 571-270-7698. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAMUEL P SIEFKE/Primary Examiner, Art Unit 1758
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