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 .
Status of Claims
The claims set submitted on 03 JUNE 2024. In the claim set, Claims 1-19 are presented and are considered on the merits below.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03 JUNE 2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
The information disclosure statement (IDS) submitted on 03 JUNE 2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
The information disclosure statement (IDS) submitted on 03 JUNE 2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
The information disclosure statement (IDS) submitted on 03 JUNE 2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,372,016. Although the claims at issue are not identical, they are not patentably distinct from each other because both are directed towards an apparatus that comprises: a fluidic circuit, a bypass fluidic circuit, at least one set of fluid wells, a first valve having a first valve outlet, a second value having a second valve outlet and a plurality of well ports, the second valve outlet operatively associated with the fluidic circuit, the bypass selector channel operatively associated with the fluidic circuit and the first valve outlet, the second valve selectively fluidly connecting the bypass selector channel to the bypass fluidic circuit when in a bypass position.
The instant invention discloses only “a set of wells” while the ‘016 reference discloses “ a first set of fluid wells and a second set of fluid wells’. All the other structural features of the instant invention and ‘016 are the same.
It would be obvious to one having ordinary skill in the art before the effective filing date to modify the ‘016 so that there is only a single set fluid wells rather than two sets as taught by ‘016 to minimize the processing time when the apparatus in in use.
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.
Claims 1-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by MULLER, US Patent 5,273,905, submitted on the Information Disclosure Statement on 24 APRIL 2020, US Patent Cite No. 1.
Applicant’s invention is drawn towards a device, an apparatus.
Regarding Claim 1, the reference MULLER discloses an apparatus, abstract, comprising: a fluidic circuit, Figure 20 and 21, Column 36 line 63-67, subassemblies 141.1; a bypass fluidic circuit, Figure 21A, conduit 267, Column 42 line 45-48; a set of fluid wells, Figure 20 and 21, R1-R11, reservoir, Column 41 line 31-34; a first valve having a first valve outlet, Figure 21A, valve 129 to conduit 143, Column 43 line 10-16, and a plurality of first well ports, Figure 21 ports to channels C1-C11, Column 47 line 44-50, and a second valve having a second valve outlet, Figure 21, valve 142 to conduit 133.1, Column 38 line 4-12, a bypass selector channel, Figure 21A, conduit 267, Column 42 line 32-47, and a plurality of second well ports, Figure 21, Column 38 line 13-16, 35-42, conduit 133.2-133.11, the second valve outlet operatively associated with the fluidic circuit, the bypass selector channel operatively associated with the bypass fluidic circuit and the first valve outlet, the second valve selectively fluidly connecting a first well of the second set of fluid wells to the fluidic circuit when in a first well position and selectively fluidly connecting the bypass selector channel to the bypass fluidic circuit when in a bypass position, Figure 20 and 21, R1-R11, reservoir, Column 41 line 31-34.
Additional Disclosures Included are: Claim 2: wherein the apparatus of claim 1 further comprising a common channel fluidly connecting the first valve outlet to the second valve, Figure 21A, conduit 143,Column 37 line 22-35.; Claim 3: wherein the apparatus of claim 1, wherein the second valve is rotatable between a plurality of positions, Figure 21, valve 142, 12-position valve, Column 37 line 22-30; Claim 4: wherein the apparatus of claim 1, wherein the second valve selectively fluidly connects the first valve outlet to the fluidic circuit when in a first valve position, Figure 21, valve 142, 12-position valve connects direct and indirectly channels 133.2-133.1 as well as reservoir 116 in assemblies 141.2-141.11.; Claim 5: wherein the apparatus of claim 1, wherein the second valve selectively fluidly connects a second well of the set of fluid wells to the fluidic circuit when in a second well position, Figure 21, valve 142, 12-position valve connects direct and indirectly channels 133.2-133.1 as well as reservoir 116 in assemblies 141.2-141.11, Column 43 line 7-16.; Claim 6: wherein the apparatus of claim 1, wherein the first valve is rotatable between a plurality of positions, Figure 21A and 21, valve 129, 12 position valve 129, Column 32 line 1-13.; Claim 7: wherein the apparatus of claim 1 further comprising: an outlet channel fluidly connecting the bypass fluidic circuit and the fluidic circuit to a pump, Column 42 line 59-Column 43 line 3.; Claim 8: wherein the apparatus of claim 7, wherein the outlet channel is fluidly connected to a waste outlet, Figure 21, Column 42 line 59-Column 43 line 3.; Claim 9: wherein the apparatus of claim 8 further comprising: a valve array comprising one or more valves disposed along the outlet channel to selectively control flow between the bypass fluidic circuit, the fluidic circuit, the pump, and the waste outlet, Figure 21, valve 144.; Claim 10: wherein the apparatus of claim 1, wherein the bypass fluidic circuit comprises a bypass cache reservoir to hold a first predetermined volume of fluid, Figure 21A, reservoir 136, Column 42 line 32-54.; and Claim 11: wherein the apparatus of claim 1, wherein the fluid circuit comprises a fluidic device and a fluidic cache reservoir, Figure 21, reservoir 116 in assembly 141.1, the fluidic cache reservoir holding a second predetermined volume of fluid downstream from the fluidic device, Column 38 line 43-46.
Applicant’s invention is drawn towards a device, an apparatus.
Regarding Claim 12, the reference MULLER discloses an apparatus, abstract, comprising: a fluidic circuit, Figure 20 and 21, Column 36 line 63-67, subassemblies 141.1, fluidly connected to a flow cell, Figure 21, reservoir 116; a bypass channel, Figure 21A, conduit 267, Column 42 line 45-48; a fluid well, Figure 20 and 21, R1-R11, reservoir, Column 41 line 31-34; a first valve comprising a first valve outlet port, Figure 21A, valve 129 to conduit 143, Column 43 line 10-16, a second valve, Figure 21, valve 142, comprising: a second valve outlet port fluidly connected to the fluidic circuit, Figure 21, valve 142 to conduit 133.1, Column 38 line 4-12, a bypass port fluidly connected to the bypass channel, Figure 21A, conduit 267, Column 42 line 32-47, a valve inlet port, Figure 21, conduit 143, Column 37 line 30-35, fluidly connected to the first valve outlet port, Figure 21, valve 129 connected to valve V12, Column 31 line 20-27, a fluid well port, Figure 21, conduit 133.2-133.11, Column 38 line 13-16, 35-42, fluidly connected to the fluid well, Figure 20 and 21, R1-R11, reservoir, Column 41 line 31-34, and a valve rotary body, Figure 21, valve 142, Column 42 line 22-35, to rotate to a plurality of valve positions such that the second valve selectively permits flow from a selected one of the fluid well port and the valve inlet port to the second valve outlet port or from the valve inlet port to the bypass port, Figure 21, valve 142, 12-position valve, Column 37 line 22-30, Column 31 line 20-42, Column 36 line 55 – Column 37 line 24, Column 42 line 32-54.
Additional Disclosures Included are: Claim 13: wherein the apparatus of claim 12, wherein the bypass port, the valve inlet port, and the fluid well port are arranged in a circumferential pattern, Figure 21, and the valve rotary body comprises: a valve selector channel fluidly connecting the second valve outlet port to one of the valve inlet port or the fluid well port, and a bypass selector channel fluidly connecting the valve inlet port to the bypass port when the valve rotary body is set at a bypass position, Figure 21.; Claim 14: wherein the apparatus of claim 12, wherein the second valve selectively fluidly connects the first valve outlet to the fluidic circuit when in a first valve position, Figure 21, valve 142, 12-position valve connects direct and indirectly channels 133.2-133.1 as well as reservoir 116 in assemblies 141.2-141.11.; Claim 15: wherein the apparatus of claim 12, wherein the second valve selectively fluidly connects the fluid well to the fluidic circuit when in one of the value positions, Figure 21, valve 142, 12-position valve connects direct and indirectly channels 133.2-133.1 as well as reservoir 116 in assemblies 141.2-141.11, Column 43 line 7-16.; Claim 16: wherein the apparatus of claim 12, wherein the fluid well comprises a plurality of fluid wells, Figure 20 and 21, R1-R11, reservoir, Column 41 line 31-34, and wherein the second valve includes a plurality of fluid well ports, Figure 21, Column 38 line 13-16, 35-42, conduit 133.2-133.11, each fluidly connected to one of the plurality of fluid wells, Figure 20 and 21, R1-R11, reservoir, Column 41 line 31-34.; Claim 17: wherein the apparatus of claim 12 further comprising: an outlet channel fluidly connecting the bypass fluidic circuit and the fluidic circuit to a pump, Column 42 line 59-Column 43 line 3.; Claim 18: wherein the apparatus of claim 17, wherein the outlet channel is fluidly connected to a waste outlet, Figure 21, Column 42 line 59-Column 43 line 3.; Claim 19: wherein the apparatus of claim 18, further comprising: a valve array comprising one or more valves disposed along the outlet channel to selectively control flow between the bypass fluidic circuit, the fluidic circuit, the pump, and the waste outlet, Figure 21, valve 144.
and Claim 19: wherein the apparatus of claim 18, wherein the first valve comprises a first valve rotary body to rotate to a plurality of first valve positions such that the first valve selectively controls flow from a selected one of the plurality of first well ports to the first valve outlet port, Figure 21A and 21, valve 129, 12 position valve 129, Column 32 line 1-13; and wherein the first valve rotary body comprises a first valve selector channel fluidly connecting a selected one of the plurality of first well ports to the first valve outlet port, Figure 21A and 21, 12 position valve 129.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE T MUI whose telephone number is (571)270-3243. The examiner can normally be reached M-Th 5:30 -15:30 EST.
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CTM
/CHRISTINE T MUI/Primary Examiner, Art Unit 1797
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