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 (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.
Claim(s) 60 and 63-64 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thom et al. (U.S. Patent No. 6,325,775).
Regarding claim 60, Thom et al. disclose a fluid handling cassette (Figs. 1-43) comprising: a midplate (188) positioned between a first plate (194) and a second plate (196), the midplate (184) comprising a fluid port (P1-13) and channel walls (Figs. 6-9, Column 7 lines 22-31), an axis (Fig. 7) of the fluid port being parallel to a face (Fig. 9) of the cassette (28), the channel walls (Figs. 6-9) projecting from a first side (190), and a second side (192) with a plurality of channel walls (Figs. 6-9) projecting from the second side (192), wherein the first plate (194) contacts the channel walls (Column 7 lines 14-21) on the first side (194) of the midplate (188) and the second plate (196) contacts the channel walls (Column 7 lines 14-21) on the second side (192) of the midplate (188); and a plurality of edges (Figs. 6-9, Column 7 lines 14-21), each of which is perpendicular and coinciding with an outer edge (Figs. 6-9) of the midplate (188); wherein the fluid port (P1-13) is located at a first edge (Fig. 7) of the cassette (28) and is fluidically connected to a fluid channel (Fig. 7 and 9) defined by at least two channel walls (Figs. 7-9).
Regarding claim 63, Thom et al. disclose the fluid handling cassette (Figs. 1-43), wherein the first plate (194) and second plate (196) are laser welded (Product by Process) to the midplate (188).
The cassette produced by laser welding does not limit the claim. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product in the prior art, the claim in unpatentable even though the prior product was made by a different process (see MPEP 2113).
Regarding claim 64, Thom et al. disclose the fluid handling cassette (Figs. 1-43), wherein the first and second plates (194 and 196) are laser welded (Product by Process) to the channel walls.
The cassette produced by laser welding does not limit the claim. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product in the prior art, the claim in unpatentable even though the prior product was made by a different process (see MPEP 2113).
Claim(s) 68 and 70 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wilt et al. (U.S. Patent No. 8,246,826).
Regarding claim 68, Wilt et al. disclose a liquid handling cassette assembly (Figs. 1-59) comprising: a middle cassette (600) interposed between a first outer cassette (500) and a second outer cassette (700), each said cassette (1200) comprising: a first plate (900); a second plate (1100); and a midplate (1000) positioned next to the first plate (900), the midplate (100) comprising: a perimeter wall (Fig. 33D or 44D) around a pump station (820 or 828) or valve station (808, 814, 816, 822, 832, 834, or 836) projecting from a first side (Fig. 33D or 44D) of the midplate (1000); and a plurality of liquid channels (Fig. 33C or 44C) projecting from a second side of the midplate (1000); a liquid handling pod (602 or 604) positioned in an inter-cassette space (Figs. 46A-E) between the middle cassette (600) and the first or second cassette (500 or 700); said pod (602 or 604) having a liquid connection (Column 38 lines 39-46) to a liquid channel in the middle, first or second cassette via a liquid conduit (Figs. 46A-E, Column 40 lines 1-15) penetrating the second plate of the middle, first or second cassette; wherein the first plate (900) is laser welded (Column 37 lines 14-22) to the perimeter walls on the first side of the midplate (1000), and the second plate (1100) is laser welded (Column 37 lines 14-22) to the channel walls on the second side of the midplate (1000).
Regarding claim 70, Wilt et al. disclose a liquid handling cassette assembly (Figs. 1-59), the midplate (1000) further comprising: an actuation channel (channel of 810 824, Fig. 31C); and an actuation port (810 or 824) located at an edge (Fig. 31C) of the midplate (1000), an axis (Fig. 31C) of the actuation port (810 or 824) oriented parallel to a face of the cassette (1200) containing the midplate (1000), wherein the actuation port (810 or 824) is fluidically connected to the pump station (820 or 828) or valve station (808, 814, 816, 822, 832, 834, or 836) via the actuation channel (all fluidly connected when assembled).
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 61, 62, and 65 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thom et al. (U.S. Patent No. 6,325,775) in view of Fulkerson et al. (Pub. No. US 2017/0258979).
Regarding claim 61, Thom et al. disclose the fluid handling cassette (Figs. 1-43), wherein the midplate (188) is formed of an opaque material (Column 7 lines 14-21, Fig. 8), but lacks disclosure wherein the first plate and second plate are transparent or translucent.
Fulkerson et al. teach a fluid handling cassette (Figs. 1-10C) comprising a midplate (304) connected to a first plate (301) and a second plate (305), wherein the first and second plate (301 and 305) are transparent (paragraph 81).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first and second plate of Thom et al. with a transparent plate as taught by Fulkerson et al. for the advantage of allowing the spectroscopic analysis of the fluid contained within (paragraph 81).
Regarding claim 62, Thom et al. disclose the fluid handling cassette (Figs. 1-43), wherein the midplate (188) is opaque (Fig. 8), but lacks disclosure wherein the first plate and second plate permit transmission of laser wavelengths.
Fulkerson et al. teach a fluid handling cassette (Figs. 1-10C) comprising a midplate (304) connected to a first plate (301) and a second plate (305), wherein the first and second plate (301 and 305) are transparent (paragraph 81) to permit transmission of laser wavelengths (paragraph 81).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first and second plate of Thom et al. with a transparent plate as taught by Fulkerson et al. for the advantage of allowing the spectroscopic analysis of the fluid contained within (paragraph 81).
Regarding claim 65, Thom et al. disclose a liquid handling cassette (Figs. 1-43), comprising: a first plate (194); a midplate (188) positioned next to the first plate (194), the mid-plate (188) comprising: a perimeter wall (Figs. 6-7) around a pump (PP1-3) or valve (V1-23) projecting from a first side (190) of the midplate (188), the perimeter wall including a wall port (perimeter wall port illustrated in Fig. 8); and an actuation channel (channel leading to port 206, Fig. 8) formed from two channel walls (Fig. 8) projecting from the first side (190) of the midplate (188), the actuation channel (Fig. 8) extending from the wall port in the perimeter wall (Fig. 8); wherein the first plate (194) contacts the perimeter wall (Column 7 line 14-Column 8 line 2) on the first side (190) of the midplate (188), and wherein the midplate (188) is opaque (Fig. 8), and the perimeter wall is laser welded (product by process) to the first plate (194), but lacks disclosure wherein the first plate permits transmission of laser wavelengths.
The cassette produced by laser welding does not limit the claim. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product in the prior art, the claim in unpatentable even though the prior product was made by a different process (see MPEP 2113).
Fulkerson et al. teach a fluid handling cassette (Figs. 1-10C) comprising a midplate (304) connected to a first plate (301) and a second plate (305), wherein the first and second plate (301 and 305) are transparent (paragraph 81) to permit transmission of laser wavelengths (paragraph 81).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first and second plate of Thom et al. with a transparent plate as taught by Fulkerson et al. for the advantage of allowing the spectroscopic analysis of the fluid contained within (paragraph 81).
Claim(s) 69 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilt et al. (U.S. Patent No. 8,246,826) in view of Fulkerson et al. (Pub. No. US 2017/0258979).
Regarding claim 69, Wilt et al. disclose a liquid handling cassette assembly (Figs. 1-59), wherein the midplate (1000) is opaque (Figs. 31A-D), but lacks disclosure wherein the first and second plates permit transmission of laser wavelengths.
Fulkerson et al. teach a fluid handling cassette (Figs. 1-10C) comprising a midplate (304) connected to a first plate (301) and a second plate (305), wherein the first and second plate (301 and 305) are transparent (paragraph 81) to permit transmission of laser wavelengths (paragraph 81).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first and second plate of Wilt et al. with a transparent plate as taught by Fulkerson et al. for the advantage of allowing the spectroscopic analysis of the fluid contained within (paragraph 81).
Allowable Subject Matter
Claims 66-67 and 71 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 72-79 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The cited prior art references do not render obvious in combination with the rest of the claim limitations a perimeter wall around a pump station or valve station with a wall port in the wall, the perimeter wall projecting from a first side of the midplate; and an actuation channel formed from two channel walls projecting from the first side of the midplate, the actuation channel extending from the wall port in the perimeter wall to the actuation port.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Steck et al. (Pub. No. US 2009/0012460) disclose a liquid handling cassette with a similar midplate connected to first and second plate.
Koppel et al. (Pub. No. US 2019/0255231) disclose a liquid handling cassette with a similar midplate connected to a first and second plate.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Reinaldo Sanchez-Medina, telephone number 571-270-5168, fax number 571-270-6168. The examiner can normally be reached on Monday-Friday (7:30AM-4:00PM EST).
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/REINALDO SANCHEZ-MEDINA/Primary Examiner, Art Unit 3753