DETAILED ACTION
A complete action on the merits of pending claims 3-21 appears below.
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 .
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.
Election/Restrictions
Claims 52-28, 60-61, and 63-66 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected method and method of fabrication, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 1/15/26.
Applicant's election with traverse of a device in the reply filed on 1/15/26 is acknowledged. The traversal is on the ground(s) that the examination of all claims would not pose an undue burden. This is not found persuasive because the applicant has not made any arguments just an assertion that there would be no burden. The applicant has the ability to state the claim sets are obvious over one another which would prove there is no burden but the applicant has failed to do so. This is the only way to overcome this Restriction Requirement since it is not a normal restriction it is a Unity of Invention restriction. Thus, it cannot be overcome by an assertion that there is no search burden.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claims 7-20 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 7 states “wherein the microfluidic system further comprises transcutaneous colinear interconnects that deliver the fluid to the at least one fluidic chamber in a completely sealed system that provides fluidic access at the ends”. The examiner is unclear what this claim is trying to say. Transcutaneous usually has something to do with the skin. Colinear is in the same line but in the same line with what? If it is that the applicant is positively reciting skin of a patient that would be a 101 issue. Further, what interconnects that delivers fluid. Additionally, “at the ends” lacks antecedent basis. Further, how is there fluid access to the ends if it is completely sealed? The examiner is not able to make an educated guess on how to interpret this claim. Therefore, an art rejection is not given. Claims 8-20 are rejected as being dependent on claim 7.
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.
(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 3-6 and 21 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Monazami US 20210123641.
Regarding claim 3, Monazami teaches a microfluidic system configured to route a fluid around the target region to change a local temperature of the target region so as to reversibly block activities of the target region (par. [0006]), wherein the microfluidic system is operably in communication with the target region (par. [0002] cooling and heating of material such as tissue); and wherein the microfluidic system utilizes a liquid to gas phase transition as a cooling mechanism to change the local temperature of the target region (par. [0004]).
Regarding claim 4, Monazami teaches wherein the microfluidic system comprises at least one fluidic chamber formed in a microfluidic layer (Fig. 1C chambers 150a-c).
Regarding claim 5, Monazami teaches wherein the at least one fluidic chamber has a length, a footprint and a volume, wherein the length defines a coverage angle of the microfluidic system when wrapping around the target region (Fig. 1C chambers 150a-c with microchannels 153).
Regarding claim 6, Monazami teaches wherein a cooled area in the target region is confined predominately to a surface directly associated with the at least one fluidic chamber (Fig. 1A).
Regarding claim 21, Monazami teaches being configured such that a phase change prompts a temperature of the device in a planar (par. [0163]), uncurled configuration to drop to about -20°C within about 2 min or less after initializing flow in ambient, room temperature conditions (par. [0057]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN T. CLARK whose telephone number is (408)918-7606. The examiner can normally be reached on Monday-Friday 7AM-3PM MT.
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/R.T.C./Examiner, Art Unit 3794
/LINDA C DVORAK/Primary Examiner, Art Unit 3794