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 § 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.
Claim(s) 6-16 is/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 pre-AIA the applicant regards as the invention.
Claim 6 recites the limitations "said arcs" in line 1. It is suggested to be “said plurality of arcs.”
Dependent claims 7-10 is rejected due to their dependencies on claim 6.
Claim 7 recites the limitations "said first arcs" in line 1 and "said second arcs" in line 2. It is suggested to be “said first plurality of arcs” and “said second plurality of arcs” respectively.
Claim 8 recites the limitations "said first arcs" in line 1 and "said second arcs" in lines 1-2. It is suggested to be “said first plurality of arcs” and “said second plurality of arcs” respectively.
Claim 9 recites the limitations "said first arcs" (p. 3, ll. 13, 15; p. 4, l. 5) and "said second arcs" (p. 3, l. 18; p. 4, ll. 2, 5-6). It is suggested to be “said first plurality of arcs” and “said second plurality of arcs” respectively.
Dependent claim 10 is rejected due to its dependency on claim 9.
Claim 10 recites the limitations "said first arcs" in line 4 and "said second arcs" in lines 5-6. It is suggested to be “said first plurality of arcs” and “said second plurality of arcs” respectively.
Claim 11 recites the limitations "said arcs" in line 7 and "said first arcs" and "said second arcs" in line 9. It is suggested to be “said plurality of arcs” and “said first plurality of arcs” and “said second plurality of arcs” respectively.
Dependent claim 12-13 are rejected due to their dependencies on claim 11.
Claim 12 recites the limitations "said first arcs" (p, 5, ll. 13, 15, 16; p. 6, ll. 5, 6, 11) and "said second arcs" (p. 5, l. 18; p. 6, ll. 2, 3, 5-6, 7, 12). It is suggested to be “said first plurality of arcs” and “said second plurality of arcs” respectively.
Dependent claim 13 is rejected due to its dependency on claim 12.
Claim 14 recites the limitations "said arcs" (p. 8, l. 10), "said first arcs" (p. 8, ll. 16, 18, p. 9, ll. 2, 4, 5, 12, 13), and "said second arcs" (p. 8, ll. 17, 18, p. 9, ll. 7, 9, 10, 12-13, 14). It is suggested to be “said plurality of arcs” and “said first plurality of arcs” and “said second plurality of arcs” respectively.
Dependent claim 15-16 are rejected due to their dependencies on claim 14.
Claim 15 recites the limitations "said first arcs" (p. 10, l. 1) and "said second arcs" (p. 10, l. 2). It is suggested to be “said first plurality of arcs” and “said second plurality of arcs” respectively.
Dependent claim 16 is rejected due to its dependency on claim 15.
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.
Claim(s) 1, 3-11, and 17-18 is/are rejected under 35 U.S.C. 103 as being anticipated by Cheng (US 2014/0083855).
Regarding claim 1, Cheng teaches a biochip (Fig. 4; ¶45) for measuring a cell density of target bio-particles in a sample (this preamble is a statement with regard to the intended use and are not further limiting in so far as the structure of the product is concerned. In article claims, a claimed intended use must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. MPEP § 2111.02(II)), said biochip comprising:
a spiral electrode pair including a first spiral electrode and a second spiral electrode (Fig. 4; ¶43: the first and second outer electrodes 131 and 132) that are parallel to each other and that are spaced apart from each other, each of said first spiral electrode and said second spiral electrode being shaped in a spiral extending in one of clockwise and counterclockwise directions (Fig. 4: the first spiral electrode 131 having a clockwise direction and the second spiral electrode 132 having a counterclockwise direction); and
a concentric electrode array (Fig. 4; ¶46: the auxiliary electrode units 15) including a plurality of arcs that are concentric and extend in a circular direction around said spiral electrode pair (Fig. 4: the auxiliary electrode unit 15 including concentric arcs surrounding the first and second spiral outer electrodes 131 and 132).
Regarding claim 3, Cheng teaches wherein said first spiral electrode is made of a first conductive strip (Fig. 4; ¶40: gold or platinum) that is substantially shaped in a spiral (Fig. 4: the first outer electrode 131), and said second spiral electrode is made of a second conductive strip (Fig. 4; ¶40: gold or platinum) that is substantially shaped in a spiral (Fig. 4: the first outer electrode 132), and
wherein said first conductive strip and said second conductive strip are arranged as two intertwined spirals (See Fig. 4).
Regarding claim 4, Cheng teaches wherein:
said first spiral electrode (Fig. 4: the first outer electrode 131) has a central end close to a center of the spiral (Fig. 4: the end of the first outer electrode 131 closer to the inner electrode 12), and an exterior end extending away from said central end in the one of clockwise and counterclockwise directions (figure 4: the other end of the first outer electrode 131 connected to the connecting lines leading to the power source 14); and
said second spiral electrode (Fig. 4: the second outer electrode 132) has a central end close to a center of the spiral (Fig. 4: the end of the second outer electrode 132 closer to the inner electrode 12), and an exterior end extending away from said central end in the one of clockwise and counterclockwise directions (figure 4: the other end of the second outer electrode 132 connected to the power source 14).
Regarding claim 5, Cheng teaches a first receiving line and a second receiving line (Fig. 4: the connecting lines leading to the power source 14) that extend in a radial direction and that are parallel to and spaced apart from each other (see Fig. 4), wherein said exterior end of said first spiral electrode is connected to said first receiving line (Fig. 4: the left connecting line), and said exterior end of said second spiral electrode is connected to said second receiving line (Fig. 4: the right connecting line).
Regarding claim 6, Cheng teaches wherein said arcs of said concentric electrode array includes a plurality of first arcs (Fig. 4: second auxiliary outer electrode 152), each of which is made of a first conductive arc-shaped strip that has a first width (figure 4; paragraph 46: gold or platinum), and a plurality of second arcs (Fig. 4: first auxiliary outer electrode 151), each of which is made of a second conductive arc-shaped strip that has a second width (figure 4; paragraph 46: gold or platinum), and the first width of each of said first conductive arc-shaped strips is greater than the second width of each of said second conductive arc-shaped strips (figure 5; paragraph 46).
Regarding claim 7, Cheng teaches wherein said first arcs are spaced apart from each other at regular intervals, and said second arcs are spaced apart from each other at regular intervals (see Fig. 4-5).
Regarding claim 8, Cheng teaches wherein said first arcs and said second arcs are arranged alternately in a radial direction (see Fig. 4).
Regarding claim 9, Cheng teaches wherein:
each of said first arcs (Fig. 4: second auxiliary outer electrode 152) has a connected end (Fig. 4: the end connected to the connecting lines leading to the power source 14) and a free end (figure 4: the free end of each arc) that are opposite to each other in the circular direction, said connected ends respectively of said first arcs are connected to each other (figure 4: the connected ends of each arc each are connected to the same connecting line) and said free ends respectively of said first arcs are aligned with and spaced apart from each other in a radial direction (Fig. 4: indicating the free ends of each arc are aligned with and spaced apart from each other in the radial direction);
each of said second arcs (Fig. 4: first auxiliary outer electrode 151) has a connected end (Fig. 4: the end connected to the connecting lines leading to the power source 14) and a free end (figure 4: the free end of each arc) that are opposite to each other in the circular direction, said connected ends respectively of said second arcs are connected to each other (figure 4: the connected ends of each arc each are connected to the same connecting line), and said free ends respectively of said second arcs are aligned with and spaced apart from each other in the radial direction (Fig. 4: indicating the free ends of each arc are aligned with and spaced apart from each other in the radial direction); and
said connected ends of said first arcs and said free ends of said second arcs are arranged alternatively, and said free ends of said first arcs and said connected ends of said second arcs are arranged alternatively (see Fig. 4).
Regarding claim 10, Cheng teaches a first receiving line and a second receiving line (Fig. 4: the connecting lines leading to the power source 14) that extend in a radial direction and that are parallel to and spaced apart from each other,
wherein said connected ends of said first arcs are connected to each other via said first receiving line (Fig. 4: the left connecting line), and said connected ends of said second arcs are connected to each other via said second receiving line (Fig. 4: the right connecting line).
Regarding claim 11, Cheng teaches wherein:
said first spiral electrode is made of a first conductive strip (Fig. 4; ¶40: gold or platinum) that is substantially shaped in a spiral (Fig. 4: the first outer electrode 131), and said second spiral electrode is made of a second conductive strip (Fig. 4; ¶40: gold or platinum) that is substantially shaped in a spiral (Fig. 4: the first outer electrode 132);
said first conductive strip and said second conductive strip are arranged as two intertwined spirals (See Fig. 4);
said arcs of said concentric electrode array include a plurality of first arcs and a plurality of second arcs (Fig. 4: the auxiliary outer electrode unit 15 including the first auxiliary outer electrode 151 and the second auxiliary outer electrode 152); and
said first arcs and said second arcs are arranged alternately in a radial direction (See Fig. 4).
Regarding claims 17-18, Cheng teaches wherein the target bio-particles are bacteria and where the sample is a blood sample (Fig. 6; ¶31).
Further, claims 17-18 are directed to a material or article worked upon. "Expressions relating the apparatus to contents thereof during an intended operation are of no significance in determining patentability of the apparatus claim." Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969). Furthermore, "[i]nclusion of material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Young, 75 F.2d. 25 USPQ 69 (CCPA 1935) (as restated in In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963)). MPEP 2115.
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 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cheng in view of Becker (US 5,858,192).
Regarding claim 2, Cheng discloses all limitations of claim 1, including wherein said first spiral electrode is made of a first conductive strip (Fig. 4; ¶40: gold or platinum) that is substantially shaped in a spiral and that has a first width (Fig. 4: the first outer electrode 131 in a spiral shape having a width), and said second spiral electrode is made of a second conductive strip (Fig. 4; ¶40: gold or platinum) that is substantially shaped in a spiral and that has a second width (Fig. 4: the second outer electrode 132 in a spiral shape having a width).
Cheng does not disclose that the second width identical to the first width because the width of the second outer electrode 132 is greater than that of the first outer electrode 131 (e.g., Fig. 2, 5).
However, Becker teaches manipulation of particulate matter utilizing a combination of electrical, hydrodynamic or gravitational forces in diagnostic procedures (col. 1, ll. 9-12), using a spiral electrode array (Fig. 2B). Fig. 2B shows the width of each spiral electrode having the same width. The circumstance, width, thickness, number of windings and spacing of electrode arrays may be altered to create electric fields of differing intensities and different inhomogeneity ([0032] lines 1-4), rendering the electrode width is a result-effective variable.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Cheng by adjusting the widths of each spiral electrode to be identical as claimed because the electrode width is a result-effective variable and can be optimized through routine experimentation to obtained the desired magnitude of the electric field. MPEP 2144.05 (II)(B).
Regarding claim 14, Cheng teaches wherein:
said first spiral electrode is made of a first conductive strip (Fig. 4; ¶40: gold or platinum) that is substantially shaped in a spiral and that has a first width (Fig. 4: the first outer electrode 131 having a width), and said second spiral electrode is made of a second conductive strip (Fig. 4; ¶40: gold or platinum) that is substantially shaped in a spiral and that has a second width (Fig. 4: the first outer electrode 132 having a width);
said first conductive strip and said second conductive strip are arranged as two intertwined spirals (See Fig. 4);
said first spiral electrode has a central end close to a center of the spiral (Fig. 4: the end of the first outer electrode 131 closer to the inner electrode 12), and an exterior end extending away from said central end in the one of clockwise and counterclockwise directions (figure 4: the other end of the first outer electrode 131 connected to the connecting line leading to the power source 14);
said second spiral electrode has a central end close to a center of the spiral (Fig. 4: the end of the second outer electrode 132 closer to the inner electrode 12), and an exterior end extending away from said central end in the one of clockwise and counterclockwise directions (figure 4: the other end of the second outer electrode 132 connected to the connecting line leading to the power source 14);
said arcs of said concentric electrode array include a plurality of first arcs (Fig. 4: second auxiliary outer electrode 152), each of which is made of a first conductive arc-shaped strip that has a first width (figure 4; paragraph 46: gold or platinum strip having a width), and a plurality of second arcs (Fig. 4: first auxiliary outer electrode 151), each of which is made of a second conductive arc-shaped strip that has a second width (figure 4; paragraph 46: gold or platinum having a width), the first width of each of said first conductive arc-shaped strips being greater than the second width of each of said second conductive arc-shaped strips (figure 5; paragraph 46);
said first arcs are spaced apart from each other at regular intervals, and said second arcs are spaced apart from each other at regular intervals (see Fig. 4);
said first arcs and said second arcs are arranged alternately in a radial direction (see Fig. 4);
each of said first arcs (Fig. 4: second auxiliary outer electrode 152) has a connected end (Fig. 4: the end connected to the connecting lines leading to the power source 14) and a free end (figure 4: the free end of each arc) that are opposite to each other in the circular direction, said connected ends respectively of said first arcs are connected to each other (figure 4: the connected ends of each arc each are connected to the same connecting line), and said free ends respectively of said first arcs are aligned with and spaced apart from each other in the radial direction (Fig. 4: indicating the free ends of each arc are aligned with and spaced apart from each other in the radial direction);
each of said second arcs (Fig. 4: first auxiliary outer electrode 151) has a connected end (Fig. 4: the end connected to the connecting lines leading to the power source 14) and a free end (figure 4: the free end of each arc) that are opposite to each other in the circular direction, said connected ends respectively of said second arcs are connected to each other (figure 4: the connected ends of each arc each are connected to the same connecting line), and said free ends respectively of said second arcs are aligned with and spaced apart from each other in the radial direction (Fig. 4: indicating the free ends of each arc are aligned with and spaced apart from each other in the radial direction); and
said connected ends of said first arcs and said free ends of said second arcs are arranged alternatively, and said free ends of said first arcs and said connected ends of said second arcs are arranged alternatively (see Fig. 4).
Cheng does not disclose that the second width identical to the first width because the width of the second outer electrode 132 is greater than that of the first outer electrode 131 (e.g., Fig. 2, 5).
However, Becker teaches manipulation of particulate matter utilizing a combination of electrical, hydrodynamic or gravitational forces in diagnostic procedures (col. 1, ll. 9-12), using a spiral electrode array (Fig. 2B). Fig. 2B shows the width of each spiral electrode having the same width. The circumstance, width, thickness, number of windings and spacing of electrode arrays may be altered to create electric fields of differing intensities and different inhomogeneity ([0032] lines 1-4), rendering the electrode width is a result-effective variable.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Cheng by adjusting the widths of each spiral electrode as claimed because the electrode width is a result-effective variable and can be optimized through routine experimentation to obtained the desired magnitude of the electric field. MPEP 2144.05 (II)(B).
Claim(s) 12-13 and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cheng.
Regarding claim 12, Cheng discloses all limitations of claim 11, and further discloses wherein:
said first spiral electrode (Fig. 4: the first outer electrode 131) has a central end close to a center of the spiral (Fig. 4: the end of the first outer electrode 131 closer to the inner electrode 12), and an exterior end extending away from said central end in the one of clockwise and counterclockwise directions (figure 4: the other end of the first outer electrode 131 connected to the connecting lines leading to the power source 14); and
said second spiral electrode (Fig. 4: the second outer electrode 132) has a central end close to a center of the spiral (Fig. 4: the end of the second outer electrode 132 closer to the inner electrode 12), and an exterior end extending away from said central end in the one of clockwise and counterclockwise directions (figure 4: the other end of the second outer electrode 132 connected to the connecting lines leading to the power source 14);
each of said first arcs (Fig. 4: second auxiliary outer electrode 152) has a connected end (Fig. 4: the end connected to the connecting lines leading to the power source 14) and a free end (figure 4: the free end of each arc) that are opposite to each other in the circular direction, said connected ends respectively of said first arcs are connected to each other (figure 4: the connected ends of each arc each are connected to the same connecting line), and said free ends respectively of said first arcs are aligned with and spaced apart from each other in a radial direction (Fig. 4: indicating the free ends of each arc are aligned with and spaced apart from each other in the radial direction);
each of said second arcs (Fig. 4: first auxiliary outer electrode 151) has a connected end (Fig. 4: the end connected to the connecting lines leading to the power source 14) and a free end (figure 4: the free end of each arc) that are opposite to each other in the circular direction, said connected ends respectively of said second arcs are connected to each other (figure 4: the connected ends of each arc each are connected to the same connecting line), and said free ends respectively of said second arcs are aligned with and spaced apart from each other in the radial direction (Fig. 4: indicating the free ends of each arc are aligned with and spaced apart from each other in the radial direction); and
said connected ends of said first arcs and said free ends of said second arcs are arranged alternatively, and said free ends of said first arcs and said connected ends of said second arcs are arranged alternatively (see Fig. 4);
said biochip further comprises a first receiving line (Fig. 4: the left connecting line), a second receiving line (Fig. 4: the right connecting line), parallel to and spaced apart from each other and extending in the radial direction (see Fig. 4);
said connected ends of said first arcs are connected to each other via said first receiving line, and said connected ends of said second arcs are connected to each other via said second receiving line (see Fig. 4).
Cheng does not disclose a third receiving line and a fourth receiving line which are parallel to and spaced apart from each other, together with the first receiving line and the second receiving line, and extending in the radial direction or said exterior end of said first spiral electrode is connected to said third receiving line, and said exterior end of said second spiral electrode is connected to said fourth receiving line.
However, Cheng teaches the top portion of the first receiving line (Fig. 4: the left connecting line) and the top portion of the second receiving line (Fig. 4: the left connecting line) connected to the exterior end of the first spiral electrode and the exterior end of the first spiral electrode respectively.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Cheng by incorporating two additional separate and parallel receiving lines connected to each electrode of the spiral electrode pair because the additional two receiving lines connected to the first receiving line and the second receiving line would function in the same way as the top portions of the first receiving line and the second receiving line for connecting each electrode to the power source. Here, the claimed limitations are obvious because all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results. MPEP 2143(I)(A). Further, the substitution of one known element in the prior art for another as recited would yield nothing more than predictable results. MPEP 2141(III)(B).
The designation “said biochip is configured to operate in a pre-sensing mode for concentrating the target bio-particles around said spiral electrode pair when said first receiving line receives a first pre-sensing voltage, said second receiving line receives a second pre-sensing voltage, said third receiving line receives a third pre-sensing voltage and said fourth receiving line receives a fourth pre-sensing voltage, the first pre-sensing voltage being greater than the second pre-sensing voltage, the second pre-sensing voltage being greater than the third pre-sensing voltage, the third pre-sensing voltage being not smaller than the fourth pre-sensing voltage” is functional limitation in apparatus claims. MPEP 2114 (II). It does not differentiate the claimed apparatus from a prior art apparatus because the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Regarding claim 13, the designation “wherein said biochip is further configured to operate in a sensing mode for measuring the cell density of target bio-particles in the sample when the first pre-sensing voltage, the second pre-sensing voltage, the third pre-sensing voltage and the fourth pre-sensing voltage are all changed to zero and then said third receiving line receives a first sensing sub-signal and said fourth receiving line receives a second sensing sub-signal” is functional limitation in apparatus claims. MPEP 2114 (II). It does not differentiate the claimed apparatus from a prior art apparatus because the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Regarding claim 15, Cheng discloses all limitations of claim 14, and further discloses:
a first receiving line (Fig. 4: the left connecting line), a second receiving line (Fig. 4: the right connecting line), parallel to and spaced apart from each other and extending in the radial direction (see Fig. 4), wherein:
said connected ends of said first arcs are connected to each other via said first receiving line, and said connected ends of said second arcs are connected to each other via said second receiving line (see Fig. 4).
Cheng does not disclose a third receiving line and a fourth receiving line which are parallel to and spaced apart from each other, together with the first receiving line and the second receiving line, and extending in the radial direction or said exterior end of said first spiral electrode is connected to said third receiving line, and said exterior end of said second spiral electrode is connected to said fourth receiving line.
However, Cheng teaches the top portion of the first receiving line (Fig. 4: the left connecting line) and the top portion of the second receiving line (Fig. 4: the left connecting line) connected to the exterior end of the first spiral electrode and the exterior end of the first spiral electrode respectively.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Cheng by incorporating two additional separate and parallel receiving lines connected to each electrode of the spiral electrode pair because the additional two receiving lines connected to the first receiving line and the second receiving line would function in the same way as the top portions of the first receiving line and the second receiving line for connecting each electrode to the power source. Here, the claimed limitations are obvious because all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results. MPEP 2143(I)(A). Further, the substitution of one known element in the prior art for another as recited would yield nothing more than predictable results. MPEP 2141(III)(B).
The designation “said biochip is configured to operate in a pre-sensing mode for concentrating the target bio-particles around said spiral electrode pair when said first receiving line receives a first pre-sensing voltage, said second receiving line receives a second pre-sensing voltage, said third receiving line receives a third pre-sensing voltage and said fourth receiving line receives a fourth pre-sensing voltage, the first pre-sensing voltage being greater than the second pre-sensing voltage, the second pre-sensing voltage being greater than the third pre-sensing voltage, the third pre-sensing voltage being not smaller than the fourth pre-sensing voltage” is functional limitation in apparatus claims. MPEP 2114 (II). It does not differentiate the claimed apparatus from a prior art apparatus because the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Regarding claim 16, the designation “wherein said biochip is further configured to operate in a sensing mode for measuring the cell density of target bio-particles in the sample when the first pre-sensing voltage, the second pre-sensing voltage, the third pre-sensing voltage and the fourth pre-sensing voltage are all changed to zero and then said third receiving line receives a first sensing sub-signal and said fourth receiving line receives a second sensing sub-signal” is functional limitation in apparatus claims. MPEP 2114 (II). It does not differentiate the claimed apparatus from a prior art apparatus because the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Conclusion
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/C. SUN/Primary Examiner, Art Unit 1795
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