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 .
Election/Restrictions
Applicant’s election without traverse of group I comprising claims 54 - 57 in the reply filed on 6/11/2026 is acknowledged.
Claims 58 – 63 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/11/2026.
Note Regarding Prior Art
Examiner cites particular sections, columns, line numbers, paragraphs and figures, in the references as applied to the claims below for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the Applicant fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
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) 54 – 57 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Davey et al. (US 2012/0143531 A1; hereinafter “Davey”).
Regarding claim 54, Davey teaches a workstation for biological or chemical analysis (instrument 1001 configured to engage a biosensor cartridge (sensor cartridge (1002 and 904); figures 1A, 9A, 10A and 10B; paragraphs 36 and 84 - 87), the workstation comprising:
a workstation housing (e.g., the outer housing of instrument 1001; paragraph 87; figure 10A);
a fluidic-control system (e.g., a fluidics controller (118 and 718) and fluidic interface system; paragraph 36, 43, 64 – 67, 71, 72, 85, 87, 117) at least partially positioned within the housing and comprising an upstream conduit for delivering fluid to a biosensor cartridge and a downstream conduit for removing the fluid from the biosensor cartridge; and
a system receptacle configured to receive the biosensor cartridge (instrument 1001 configured to engage a biosensor cartridge (sensor chip 1002/sensor cartridge 904); figures 1A, 9A, 10A and 10B; paragraphs 36 and 84 - 87), the system receptacle comprising:
an alignment assembly (socket 1004 (paragraph 87; claim 12); or a mechanically floating fluid manifold (paragraph 86; claim 13)) configured to hold the biosensor cartridge (sensor chip 1002/sensor cartridge 904) in a predetermined orientation;
upstream and downstream nozzles fluidicly coupled to the upstream and downstream conduits, respectively (inlet 102 of sensor array 100 in sensor chip 1002; figure 1A; or inlet 916 in sensor cartridge 904 as shown in figure 9A) for providing fluid to the biosensor cartridge and a downstream conduit (outlet 103 or outlet 918) for removing the fluid from the biosensor cartridge, the upstream and downstream conduits including respective nozzles (e.g., fluid connectors 928 for connecting to sensor cartridge 904 as shown in figure 9A); and
an actuation device (actuator or lever 1008 or clamp member 1000 including fluidic connectors 1005; paragraphs 85, 87, 89 and 90) configured to move the nozzles of the upstream and downstream conduits toward the alignment assembly in an axial direction to establish a fluidic connection with the biosensor cartridge.
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Regarding claim 55, Davey teaches the system receptacle in accordance with claim 54 further comprising a temperature-control system (e.g., paragraphs 106, 111 and 150) at least partially positioned within the housing, the temperature-control system including a thermal element of the system receptacle that is configured to engage and control a temperature of the biosensor cartridge.
Regarding claim 56, Davey teaches the system receptacle in accordance with claim 54 further comprising an electrical connector (e.g., paragraphs 64, 72, 74, 76 – 83, 85, 90 and 105) that is configured to electrically engage the biosensor cartridge, the electrical connector comprising system contacts configured to electrically engage cartridge contacts of the biosensor cartridge.
Regarding claim 57, Davey teaches the system receptacle in accordance with claim 56 wherein the electrical connector (e.g., paragraphs 64, 72, 74, 76 – 83, 85, 90 and 105) is moveable from an unmated position, wherein the system contacts of the electrical connector are spaced apart from cartridge contacts of the biosensor cartridge, to a mated position where the system and cartridge contacts are electrically engaged.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN J. SINES whose telephone number is (571)272-1263. The examiner can normally be reached 9 AM-5 PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lyle Alexander can be reached at (571) 272-1254. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BRIAN J. SINES
Primary Patent Examiner
Art Unit 1796
/BRIAN J. SINES/Primary Examiner, Art Unit 1796
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