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 .
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.
(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.
Claims 1-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vercruysse, US 2021/0072141 A1, cited in the IDS of December 13, 2024.
Regarding Claim 1, Vercruysse discloses: An optical apparatus for exciting a sample in a microfluidic device disposed in a receiving region of an analyzer, comprising (the Office notes that the term “comprising” is an open-ended transitional phrase which permits additional elements or features):
a light source which is designed to emit a light beam (radiation signal 203; paragraphs [0096], [0101] and FIG. 4 of Vercruysse); and
a holographic optical element configured to divert at least a part of the light beam onto a projection surface of the microfluidic device in order to excite the sample disposed in the microfluidic device when the microfluidic device is disposed in the receiving region of the analyzer (excitation grating 401 on surface 402 which spreads exiting excitation beam 404 onto region of interest 205 of microfluidic channel 410; paragraphs [0101], [0104] and FIG. 4 of Vercruysse);
wherein the holographic optical element comprises at least a first hologram region and a second hologram region (left side and right side of excitation grating 401; FIG. 4 of Vercruysse); and
wherein the first hologram region is designed to divert light of a first wavelength of the light beam in a first beam direction onto a first projection region of the projection surface, and the second hologram region is designed to divert light of a second wavelength of the light beam in a second beam direction onto the first projection region and/or a second projection region of the projection surface (the left side and right side of excitation grating 401 divert light towards left side and right side directions, respectively; paragraphs [0101], [0104] and FIG. 4 of Vercruysse).
Regarding Claim 2, Vercruysse discloses the limitations of Claim 1 and further discloses: further comprising a directing device designed to direct the light beam to one of the hologram regions in response to a directing signal (the radiation carrier which emits radiation signal 203 is optimized for carrying laser beams, wherein a laser would have a power switch for switching on and off the laser beam; paragraphs [0081], [0082] and FIG. 4 of Vercruysse).
Regarding Claim 3, Vercruysse discloses the limitations of Claim 2 and further discloses: further comprising a control device, which is designed to provide the directing signal and/or to provide an action signal in order to switch the light source on and off (the radiation carrier which emits radiation signal 203 is optimized for carrying laser beams, wherein a laser would have a power switch for switching on and off the laser beam; paragraphs [0081], [0082] and FIG. 4 of Vercruysse; the Office notes that the claims do not affirmatively require a “directing signal” to change an existing path of light from one direction to a different direction).
Regarding Claim 4, Vercruysse discloses the limitations of Claim 1 and further discloses: wherein the light source is designed to emit the light beam of at least one broad wavelength band and/or at a plurality of spaced-apart wavelength lines or wavelength bands (the device of Vercruysse may be designed for multiple wavelength ranges; paragraphs [0088], [0089], [0101], [0114]-[0120] and FIGS. 4, 6 of Vercruysse).
Regarding Claim 5, Vercruysse discloses the limitations of Claim 1 and further discloses: wherein the holographic optical element comprises at least one further hologram region, which is designed to divert light of a further wavelength of the light beam in a further beam direction onto the first projection region and/or the second projection region and/or a further projection region of the projection surface (first and second emission gratings 403a, 403b of surface 402 may correspond to different wavelength ranges and enable diversion of light onto further projection regions of detecting regions 406, 408; paragraphs [0101], [0104] and FIG. 4 of Vercruysse).
Regarding Claim 6, Vercruysse discloses the limitations of Claim 1 and further discloses: wherein the holographic optical element is designed to transmit at least a further part of the light beam (first and second emission gratings 403a, 403b of surface 402 may correspond to different wavelength ranges and enable transmission of light onto further projection regions of detecting regions 406, 408; paragraphs [0101], [0104] and FIG. 4 of Vercruysse).
Regarding Claim 7, Vercruysse discloses the limitations of Claim 1 and further discloses: wherein the device is designed to illuminate the projection surface without gaps (a continuous [gapless] illumination of excitation beam 404 onto an entire width of region of interest 205 of microfluidic channel 410 is shown in FIG. 4 of Vercruysse; see paragraphs [0101], [0104] and FIG. 4 of Vercruysse).
Regarding Claim 8, Vercruysse discloses the limitations of Claim 1 and further discloses: wherein the apparatus is designed to illuminate the first projection region and the second projection region at the same intensity (the excitation beam 404 which illuminates the region of interest 205 is shown uniform and thus laterally symmetrical, i.e., left side and right side receiving the same intensity of light; see paragraphs [0101], [0104] and FIG. 4 of Vercruysse).
Regarding Claim 9, Vercruysse discloses the limitations of Claim 1 and further discloses: wherein the holographic optical element comprises at least one additional first hologram region, and the additional first hologram region is designed to divert the light of the first wavelength of the light beam in an additional beam direction onto the first projection region and/or the second projection region of the projection surface (the left-side of excitation grating 401 on surface 402 may be further characterized as having a left region of the left-side and a right region of the left-side, wherein either of these portions may be identified as the claimed “additional first hologram region” which directs light onto the left side of the region of interest 205 of microfluidic channel 410; FIG. 4 of Vercruysse).
Regarding Claim 10, Vercruysse discloses the limitations of Claim 1 and further discloses: wherein the holographic optical element is shaped in a planar manner, and/or the hologram regions of the holographic optical element are disposed in a matrix-like manner (surface 402 containing excitation grating 401 is planar; FIG. 4 of Vercruysse).
Regarding Claim 11, Vercruysse discloses the limitations of Claim 1 and further discloses: An analyzer for analyzing a sample in a microfluidic device, comprising: a receiving region configured to receive the microfluidic device; and an optical apparatus according to claim 1 (a transparent substrate 409 comprises the microfluidic channel 410, and light which has interacted with the region of interest 205 of microfluidic channel 410 may be analyzed via the detector array 405; paragraphs [0101], [0104], [0105] and FIG. 4 of Vercruysse).
Regarding Claim 12, Vercruysse discloses: A method for exciting a sample in a microfluidic device disposed in a receiving region of an analyzer, comprising (the Office notes that the term “comprising” is an open-ended transitional phrase which permits additional elements or features):
emitting a light beam (excitation grating 401 on surface 402 spreads exiting excitation beam 404 from radiation signal 203; paragraphs [0096], [0101], [0104] and FIG. 4 of Vercruysse);
diverting light of at least a first wavelength of the light beam in a first beam direction onto a first projection region of a projection surface of the microfluidic device in order to excite the sample disposed in the first projection region when the microfluidic device is disposed in the receiving region (excitation grating 401 directs excitation beam 404 onto region of interest 205 of microfluidic channel 410; paragraphs [0096], [0101], [0104] and FIG. 4 of Vercruysse); and/or
diverting light of at least a second wavelength of the light beam in a second beam direction onto the first projection region and/or a second projection region of the projection surface of the microfluidic device in order to excite the sample disposed in the first projection region when the microfluidic device is disposed in the receiving region (the left side and right side of excitation grating 401 may be identified as first and second regions which divert light in left side and right side directions, respectively, towards left and right sides of region of interest 205 of microfluidic channel 410, whereby light scattered from region of interest 205 may be analyzed via a detector array 405; paragraphs [0096], [0101], [0104], [0105] and FIG. 4 of Vercruysse).
Examiner Note – Consider Entirety of Reference
Although various text and figures of the cited reference have been specifically cited in this Office Action to show disclosures and teachings which correspond to specific claim language, Applicant is advised to consider the complete disclosure of the reference, including portions which have not been specifically cited by the Examiner.
Related Art
The following reference is cited because it appears to disclose or suggest all of the limitations of the present claims, but is not available as prior art due to its filing date: U.S. Pat. No. 12,188,821 of Harvill.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN S DUNNING whose telephone number is 571-272-4879. The examiner can normally be reached Monday thru Friday 10:30AM to 7:00PM Eastern Time Zone. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, Applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BUMSUK WON can be reached at 571-272-2713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RYAN S DUNNING/Primary Examiner, Art Unit 2872
Prosecution Insights