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 species of figure 4, claims 1-8 and 10-20 in the reply filed on 5/12/2026 is acknowledged.
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 1-5, 8, and 10-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of U.S. Patent No. 12066372 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter of claims 1-5, 7-8, and 10-20 are also claimed in U.S. Patent No. 12066372 B2, because U.S. Patent No. 12066372 B2 claims:
Regarding claim 1, U.S. Patent No. 12066372 B2 claims a light excitation and collection device for a micro-fluidic system, comprising:
a light source configured to generate excitation light (claim 1);
a plurality of excitation waveguides (claim 1);
a plurality of flow channels (claims 1 and 5);
wherein each excitation waveguide of the plurality of excitation waveguides is associated with a respective flow channel of the plurality of flow channels, and wherein each of the plurality of excitation waveguides is arranged in an excitation waveguide plane such that each of the excitation waveguides has a longitudinal extension in the excitation waveguide plane and each of the plurality of flow channels is arranged in a flow channel plane such that each of the flow channels has a longitudinal extension in the flow channel plane, the excitation waveguide plane and the flow channel plane being parallel (claim 1) and separate from each other (separate is implied by parallel as a common ordinary meaning for parallel is “Of lines (esp. straight ones), planes, surfaces, or concrete things: lying or extending alongside each other and always at the same distance apart” [Oxford English Dictionary, “parallel (n., adj., & adv.),” June 2026, https://doi.org/10.1093/OED/8954533823.] and this is the meaning that is consistent with the specification and the prosecution record, as described on page 2 of the Office Action mailed 11/15/2023 in the application 17/544,300);
wherein each excitation waveguide of the plurality of excitation waveguides is configured to receive the excitation light from the light source, to guide the excitation light in the excitation waveguide plane, and at an output of the excitation waveguide to redirect the excitation light towards the flow channel associated with the excitation waveguide, such that the excitation light is elastically scattered by a sample in the flow channel forming forward scattered light and side scattered light (claim 1).
Regarding claim 2, U.S. Patent No. 12066372 B2 claims at least one forward scattered light collection point associated with each of the plurality of excitation waveguides, at which forward scattered light collection point at least part of the forward scattered light is collected; and wherein the forward scattered light collected at the forward scattered light collection point for all excitation waveguides of the plurality of excitation waveguides is detected by a first plurality of light sensitive areas (claim 1).
Regarding claim 3, U.S. Patent No. 12066372 B2 claims at least one side scattered light collection point associated with each of the plurality of excitation waveguides, at which side scattered light collection point at least part of the side scattered light is collected; and wherein the side scattered light collected at the side scattered light collection point for all excitation waveguides of the plurality of excitation waveguides is detected by a second plurality of light sensitive areas (claim 1).
Regarding claim 4, U.S. Patent No. 12066372 B2 claims at least one side scattered light collection point associated with each of the plurality of excitation waveguides, at which side scattered light collection point at least part of the side scattered light is collected; and wherein the side scattered light collected at the side scattered light collection point for all excitation waveguides of the plurality of excitation waveguides is detected by a second plurality of light sensitive areas, the first plurality of light sensitive areas and the second plurality of light sensitive areas form different groups of light sensitive areas (claim 1).
Regarding claim 5, U.S. Patent No. 12066372 B2 claims at least one of the first plurality of light sensitive areas and the second plurality of light sensitive areas are arranged in a detector array (claim 1).
Regarding claim 8, U.S. Patent No. 12066372 B2 claims one or more excitation waveguides of the plurality of excitation waveguides comprise an excitation grating coupler, and wherein the excitation grating coupler is arranged to redirect the excitation light, at the output of the excitation waveguide, towards the flow channel associated with the excitation waveguide (claim 2).
Regarding claim 10, U.S. Patent No. 12066372 B2 claims comprising a plurality of collection waveguides, wherein each collection waveguide of the plurality of collection waveguides is associated with a flow channel of the plurality of flow channels, and wherein the plurality of collection waveguides are arranged in a collection waveguide plane being parallel to the flow channel plane; wherein each collection waveguide of the plurality of collection waveguides is configured to receive light collected at at least one of the forward scattered light collection point or the side scattered light collection point, to guide the collected light in the collection waveguide plane, and at an output of the collection waveguide direct the light towards the detector array (claim 1).
Regarding claim 11, U.S. Patent No. 12066372 B2 claims the output of the collection waveguide is arranged at an edge of the collection waveguide, and wherein the detector array is arranged at the edge of the collection waveguide to detect the light (claim 4).
Regarding claim 12, U.S. Patent No. 12066372 B2 claims the excitation waveguide plane and the collection waveguide plane are arranged on a common substrate to form an opto-fluidic device, the opto-fluidic device further comprising the plurality of flow channels, and wherein the light source and the detector array are arranged externally to the opto-fluidic device (claim 5).
Regarding claim 13, U.S. Patent No. 12066372 B2 claims the forward scattered light collection point comprises a forward scattered collection grating coupler, and wherein the forward scattered collection grating coupler is arranged to redirect the forward scattered light such that the forward scattered light is guided in the collection waveguide plane in a direction towards the detector array, and wherein the side scattered light collection point comprises a side scattered collection grating coupler, and wherein the side scattered collection grating coupler is arranged to redirect the side scattered light such that the side scattered light is guided in the collection waveguide plane in a direction towards the detector array (claim 1).
Regarding claim 14, U.S. Patent No. 12066372 B2 claims a blocking layer is arranged in a surface facing the flow channel in locations other than the locations at which the forward scattered light collection point and the side scattered light collection point are located, such that the blocking layer blocks light impinging on the surface with an undesired angle of incidence (claim 7).
Regarding claim 15, U.S. Patent No. 12066372 B2 claims an interference filter is arranged in a surface facing the flow channel, such that the interference filter selectively reflects, towards at least one of the forward scattered light collection point or the side scattered light collection point, light impinging on the surface with a desired angle of incidence (claim 8).
Regarding claim 16, U.S. Patent No. 12066372 B2 claims the first plurality of light sensitive areas and the second plurality of light sensitive areas are arranged in a detector array (claim 9).
Regarding claim 17, U.S. Patent No. 12066372 B2 claims a micro-fluidic system comprising at least one light excitation and collection device according to claim 1 (claim 10).
Regarding claim 18, U.S. Patent No. 12066372 B2 claims a method for light excitation and collection for a micro-fluidic system, the method comprising: generating excitation light with a light source; receiving the excitation light from the light source at each of a plurality of excitation waveguides, wherein each excitation waveguide of the plurality of excitation waveguides is associated with a respective flow channel of a plurality of flow channels, and wherein each of the plurality of excitation waveguides is arranged in an excitation waveguide plane such that each of the excitation waveguides has a longitudinal extension in the excitation waveguide plane and each of the plurality of flow channels is arranged in a flow channel plane such that each of the flow channels has a longitudinal extension in the flow channel plane, the excitation waveguide plane and the flow channel plane being parallel and separate from each other; guiding the excitation light in the excitation waveguide plane; redirecting, at an output of the excitation waveguide, the excitation light towards the flow channel associated with the excitation waveguide, such that the excitation light is elastically scattered by a sample in the flow channel forming forward scattered light and side scattered light (claims 1 and 11).
Regarding claim 19, U.S. Patent No. 12066372 B2 claims collecting at least part of the forward scattered light, at least one forward scattered light collection point associated with each of the plurality of excitation waveguides; and detecting, by a first plurality of light sensitive areas, the forward scattered light collected at the forward scattered light collection point for all excitation waveguides of the plurality of excitation waveguides (claims 1 and 11).
Regarding claim 20, U.S. Patent No. 12066372 B2 claims collecting at least part of the side scattered light, at at least one side scattered light collection point associated with each of the plurality of excitation waveguides; and detecting, by a second plurality of light sensitive areas, the side scattered light collected at the side scattered light collection point for all excitation waveguides of the plurality of excitation waveguides (claims 1 and 11).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-6, 8, 10-12, and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (WO 2019122092 A10; cited by Applicant) in view of Vercruysse (WO 2018054852 A1; cited by Applicant).
Regarding claim 1, Liu teaches an light excitation and collection device for a micro-fluidic system, comprising:
a light source (111) configured to generate excitation light (page 13, lines 20-25);
a plurality of excitation waveguides (4, figure 1);
a plurality of flow channels (6; figure 1; page 13, lines 20-35);
wherein each excitation waveguide (4) of the plurality of excitation waveguides is associated with a respective flow channel (6) of the plurality of flow channels, and wherein each of the plurality of excitation waveguides is arranged in an excitation waveguide plane such that each of the excitation waveguides has a longitudinal extension in the excitation waveguide plane and each of the plurality of flow channels is arranged in a flow channel plane such that each of the flow channels has a longitudinal extension in the flow channel plane, the excitation waveguide plane and the flow channel plane being parallel and separate from each other (figure 1);
wherein each excitation waveguide (4) of the plurality of excitation waveguides is configured to receive the excitation light from the light source (111), to guide the excitation light in the excitation waveguide plane, and at an output of the excitation waveguide to redirect the excitation light towards the flow channel (6) associated with the excitation waveguide, such that the excitation light is elastically (forward scattering and side scattering in the context of Liu and Vercruysse [see below], where it is contrasted with Raman and fluorescence scattering, suggests to a person of ordinary skill in the art elastic scattering) scattered by a sample in the flow channel forming forward scattered light.
PNG
media_image1.png
606
811
media_image1.png
Greyscale
Liu doesn’t explicitly teach side scattered light.
Like Liu (and like the instant application), Vercruysse is directed to a light excitation and collection device for a microfluidic system and teaches side scattered light; at least one side scattered light collection point associated with each of the plurality of excitation waveguides, at which side scattered light collection point at least part of the side scattered light is collected; the side scattered light collected at the side scattered light collection point for all excitation waveguides of the plurality of excitation waveguides is detected by a second plurality of light sensitive areas, the first plurality of light sensitive areas and the second plurality of light sensitive areas form different groups of light sensitive areas (page 6, lines 1-10; page 19, lines 30-35; figures 4 and 7). Additionally, Vercruysse teaches that when a sample receives excitation radiation, it’s usual for both forward and side-scattering to take place (page 18, lines 19-21)
PNG
media_image2.png
405
509
media_image2.png
Greyscale
PNG
media_image3.png
458
542
media_image3.png
Greyscale
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the above combination by adding additional collection points and detectors to measure side scattered light in addition to forward scattered light in order to obtain additional and/or corroborating information about the sample by measuring both types of common scattering.
Regarding claim 2, Liu teaches at least one forward scattered light collection point (10) associated with each of the plurality of excitation waveguides, at which forward scattered light collection point at least part of the forward scattered light is collected; and wherein the forward scattered light collected at the forward scattered light collection point for all excitation waveguides of the plurality of excitation waveguides is detected by a first plurality of light sensitive areas (page 15, lines 5-17).
Regarding claim 3, in the above combination at least one side scattered light collection point associated with each of the plurality of excitation waveguides, at which side scattered light collection point at least part of the side scattered light is collected; and wherein the side scattered light collected at the side scattered light collection point for all excitation waveguides of the plurality of excitation waveguides is detected by a second plurality of light sensitive areas (Vercruysse: page 6, lines 1-10; page 19, lines 30-35; figures 4 and 7).
Regarding claim 4, in the above combination at least one side scattered light collection point associated with each of the plurality of excitation waveguides, at which side scattered light collection point at least part of the side scattered light is collected; and wherein the side scattered light collected at the side scattered light collection point for all excitation waveguides of the plurality of excitation waveguides is detected by a second plurality of light sensitive areas, the first plurality of light sensitive areas and the second plurality of light sensitive areas form different groups of light sensitive areas (Vercruysse: page 6, lines 1-10; page 19, lines 30-35; figures 4 and 7).
Regarding claim 5, in the above combination at least one of the first plurality of light sensitive areas and the second plurality of light sensitive areas are arranged in a detector array (Liu, page 15, lines 5-20; the combination comprises multiple multi-pixel detectors).
Regarding claim 6, Liu teaches the longitudinal extension of each respective excitation waveguide extends in parallel with the longitudinal extension of the flow channel with which the excitation waveguide is associated (figure 1).
Regarding claim 8, Liu teaches one or more excitation waveguides of the plurality of excitation waveguides comprise an excitation grating coupler (9), and wherein the excitation grating coupler is arranged to redirect the excitation light, at the output of the excitation waveguide, towards the flow channel (6) associated with the excitation waveguide.
Regarding claim 10, Liu teaches a plurality of collection waveguides, wherein each collection waveguide of the plurality of collection waveguides is associated with a flow channel of the plurality of flow channels, and wherein the plurality of collection waveguides are arranged in a collection waveguide plane being parallel to the flow channel plane (figure 1); wherein each collection waveguide of the plurality of collection waveguides is configured (10) to receive light collected at at least one of the forward scattered light collection point or the side scattered light collection point, to guide the collected light in the collection waveguide plane (page 15, lines 25-35), and at an output of the collection waveguide direct the light towards the detector array (Liu, page 15, lines 5-20; the combination comprises multiple multi-pixel detectors).
Liu doesn’t explicitly teach the collection waveguides are a plurality.
Official Notice is taken that is well known in the art to have a plurality of collection waveguides.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the above combination by having a plurality of collection waveguides in order to facilitate the measurement of multiple different samples at different regions of the substrate simultaneously.
Regarding claim 11, Liu teaches the output of the collection waveguide is arranged at an edge of the collection waveguide, and wherein the detector array is arranged at the edge of the collection waveguide to detect the light (e.g. top edge in figure 1).
Regarding claim 12, Liu teaches the excitation waveguide plane and the collection waveguide plane are arranged on a common substrate (3) to form an opto-fluidic device, the opto-fluidic device further comprising the plurality of flow channels, and wherein the light source and the detector array are arranged externally to the opto-fluidic device (page 11, lines 10-20; figure 1).
Regarding claim 16, in the above combination the first plurality of light sensitive areas and the second plurality of light sensitive areas are arranged in a detector array (Liu, page 15, lines 5-20; the combination comprises multiple multi-pixel detectors).
Regarding claim 17, the above combination teaches a micro-fluidic system comprising at least one light excitation and collection device according to claim 1 (see claim 1, above).
Regarding claim 18, claim 18 is unpatentable over the combination above (see the citations above for more details). For example, Liu teaches a method for light excitation and collection for a micro-fluidic system, the method comprising:
generating excitation light with a light source (111; page 13, lines 20-25);
receiving the excitation light from the light source at each of a plurality of excitation waveguides (4), wherein each excitation waveguide of the plurality of excitation waveguides is associated with a respective flow channel of a plurality of flow channels (6), and wherein each of the plurality of excitation waveguides is arranged in an excitation waveguide plane such that each of the excitation waveguides has a longitudinal extension in the excitation waveguide plane and each of the plurality of flow channels is arranged in a flow channel plane such that each of the flow channels has a longitudinal extension in the flow channel plane, the excitation waveguide plane and the flow channel plane being parallel and separate from each other (figure 1; page 13, lines 20-35);
guiding the excitation light in the excitation waveguide plane (figure 1);
redirecting, at an output of the excitation waveguide, the excitation light towards the flow channel associated with the excitation waveguide, such that the excitation light is elastically scattered by a sample in the flow channel forming forward scattered light (figure 1).
Liu doesn’t explicitly teach side scattered light.
Like Liu (and like the instant application), Vercruysse is directed to a light excitation and collection device for a microfluidic system and teaches side scattered light; at least one side scattered light collection point associated with each of the plurality of excitation waveguides, at which side scattered light collection point at least part of the side scattered light is collected; the side scattered light collected at the side scattered light collection point for all excitation waveguides of the plurality of excitation waveguides is detected by a second plurality of light sensitive areas, the first plurality of light sensitive areas and the second plurality of light sensitive areas form different groups of light sensitive areas (page 6, lines 1-10; page 19, lines 30-35; figures 4 and 7). Additionally, Vercruysse teaches that when a sample receives excitation radiation, it’s usual for both forward and side-scattering to take place (page 18, lines 19-21)
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the above combination by adding additional collection points and detectors to measure side scattered light in addition to forward scattered light in order to obtain additional and/or corroborating information about the sample by measuring both types of common scattering.
Regarding claim 19, Liu teaches collecting at least part of the forward scattered light, at least one forward scattered light collection point associated with each of the plurality of excitation waveguides (figure 1); and detecting, by a first plurality of light sensitive areas, the forward scattered light collected at the forward scattered light collection point for all excitation waveguides of the plurality of excitation waveguides (figure 1; page 15, lines 5-20).
Regarding claim 20, the above combination comprises collecting at least part of the side scattered light, at at least one side scattered light collection point associated with each of the plurality of excitation waveguides; and detecting, by a second plurality of light sensitive areas, the side scattered light collected at the side scattered light collection point for all excitation waveguides of the plurality of excitation waveguides (Vercruysse: page 6, lines 1-10; page 19, lines 30-35; figures 4 and 7).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Liu and Vercruysse as applied to claim 1 above, and further in view of Vercruysse2 (US 20170351034 A1; cited by Applicant).
Regarding claim 7, Liu teaches, wherein the plurality of excitation waveguides form an excitation waveguide arranged in an excitation waveguide plane, and configured to distribute the excitation light from the light source to different flow channels of the plurality of flow channels (page 13, line 20 to page 14, line 15).
PNG
media_image4.png
534
714
media_image4.png
Greyscale
Liu suggests but doesn’t explicitly teach a plurality of beam splitters forming a beam splitter arrangement arranged in an excitation waveguide plane, the plurality of beam splitters being configured to split the excitation light from the light source to the plurality of excitation waveguides (this is suggested by the light from a light source going to the plurality of excitation waveguides, as described on page 13, lines 20-35 as well as the splitting illustrated in figure 6 [note that beam splitter is interpreted in light of the definition provided in Applicant’s specification]). Additionally, like Liu and like the instant application, Vercruysse2 is directed to microfluidic channels (abstract) and teaches the excitation light from the light source is distributed to different excitation waveguides by means of a plurality of beam splitters, specifically teaches a plurality of beam splitters forming a beam splitter arrangement arranged in an excitation waveguide plane, the plurality of beam splitters being configured to split the excitation light from the light source to the plurality of excitation waveguides (paragraph 126 and figure 3).
PNG
media_image5.png
306
253
media_image5.png
Greyscale
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the above combination such that the device comprises a plurality of beam splitters, wherein the plurality of excitation waveguides and the plurality of beam splitters form an excitation waveguide and beam splitter arrangement arranged in an excitation waveguide plane, and configured to distribute the excitation light from the light source to different flow channels of the plurality of flow channels, by the plurality of beam splitters being configured to split the excitation light from the light source to the plurality of excitation waveguides – in order to be able to make multiple measurements at different locations using a common source that limits the number of sources needed while ensuring that the multiple measurements are as similar as possible, which also facilitates ease of calibration (since one is calibrating a single source instead of many).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Liu and Vercruysse as applied to claim 4 above, and further in view of Sharpe (US 9757726 B2; cited by Applicant).
Regarding claim 14, Liu doesn’t explicitly teach a blocking layer is arranged in a surface facing the flow channel in locations other than the locations at which the forward scattered light collection point and the side scattered light collection point are located, such that the blocking layer blocks light impinging on the surface with an undesired angle of incidence.
Like Liu (and like the instant application), Sharpe is directed to flow channels and microfluidics (abstract) and teaches a blocking layer is arranged in a surface facing the flow channel in locations other than the locations at which the forward scattered light collection point and the side scattered light collection point are located, such that the blocking layer blocks light impinging on the surface with an undesired angle of incidence (the blocking regions associated with each flow channel on the chip; column 6, lines 20-30).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the above combination such that it comprises a blocking layer is arranged in a surface facing the flow channel in locations other than the locations at which the forward scattered light collection point and the side scattered light collection point are located, such that the blocking layer blocks light impinging on the surface with an undesired angle of incidence in order to increase the signal to noise ratio by limiting the affect of stray light beams (i.e. light beams that aren’t following the intended beam path and/or light beams that come from somewhere besides the source).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Liu and Vercruysse as applied to claim 4 above, and further in view of Tomei (US 5037207 A) and Jeong (US 20100020312 A1).
Regarding claim 15, Liu doesn’t explicitly teach an interference filter is arranged in a surface facing the flow channel, such that the interference filter selectively reflects, towards at least one of the forward scattered light collection point or the side scattered light collection point, light impinging on the surface with a desired angle of incidence.
Like Liu (and like the instant application), Tomei is directed to a device for illuminating a sample and measuring forward scattered light and teaches an interference filter (34; column 6, lines 45-55) is arranged in a surface facing the sample area (20; column 5, lines 30-40), such that the interference filter selectively transmits, towards at least one of the forward scattered light collection point or the side scattered light collection point, light impinging on the surface with a desired angle of incidence (column 6, line 45 – column 7, line 20; figures 6-7).
PNG
media_image6.png
408
458
media_image6.png
Greyscale
PNG
media_image7.png
500
604
media_image7.png
Greyscale
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the above combination such that it comprises an interference filter is arranged in a surface facing the flow channel, such that the interference filter selectively transmits, towards at least one of the forward scattered light collection point or the side scattered light collection point, light impinging on the surface with a desired angle of incidence – in order to increase the signal to noise ratio by facilitating the detection of the desired measurement light while minimizing the light one is not interested in detecting at that moment.
The above combination differs from the claimed invention in that it transmits instead of reflects.
Like the above combination (and like the instant application), Jeong is directed to a device based on light scattering and teaches that interference filters (121) can also be used to reflect the elastically scattered light to the collection point (paragraphs 16 and 23; figure 1).
PNG
media_image8.png
358
482
media_image8.png
Greyscale
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the above combination such that it reflects instead of transmits in order to allow one a greater versatility with the placement of the optical components and detectors (since whether a reflective or transmissive filter is used is based at least partly on where one would like to position the corresponding detectors).
Allowable Subject Matter
Claim 13 would be allowable if it overcomes the double patenting, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record (taken alone or in combination) fails to anticipate or render obvious, “… wherein each of the plurality of excitation waveguides is arranged in an excitation waveguide plane such that each of the excitation waveguides has a longitudinal extension in the excitation waveguide plane and each of the plurality of flow channels is arranged in a flow channel plane such that each of the flow channels has a longitudinal extension in the flow channel plane, the excitation waveguide plane and the flow channel plane being parallel and separate from each other; wherein each excitation waveguide of the plurality of excitation waveguides is configured to receive the excitation light from the light source, to guide the excitation light in the excitation waveguide plane, and at an output of the excitation waveguide to redirect the excitation light towards the flow channel associated with the excitation waveguide, such that the excitation light is elastically scattered by a sample in the flow channel forming forward scattered light and side scattered light… at least one forward scattered light collection point associated with each of the plurality of excitation waveguides, at which forward scattered light collection point at least part of the forward scattered light is collected; and wherein the forward scattered light collected at the forward scattered light collection point for all excitation waveguides of the plurality of excitation waveguides is detected by a first plurality of light sensitive areas… at least one side scattered light collection point associated with each of the plurality of excitation waveguides, at which side scattered light collection point at least part of the side scattered light is collected; and wherein the side scattered light collected at the side scattered light collection point for all excitation waveguides of the plurality of excitation waveguides is detected by a second plurality of light sensitive areas, the first plurality of light sensitive areas and the second plurality of light sensitive areas form different groups of light sensitive areas… at least one of the first plurality of light sensitive areas and the second plurality of light sensitive areas are arranged in a detector array… a plurality of collection waveguides, wherein each collection waveguide of the plurality of collection waveguides is associated with a flow channel of the plurality of flow channels, and wherein the plurality of collection waveguides are arranged in a collection waveguide plane being parallel to the flow channel plane; wherein each collection waveguide of the plurality of collection waveguides is configured to receive light collected at at least one of the forward scattered light collection point or the side scattered light collection point, to guide the collected light in the collection waveguide plane, and at an output of the collection waveguide direct the light towards the detector array… the forward scattered light collection point comprises a forward scattered collection grating coupler, and wherein the forward scattered collection grating coupler is arranged to redirect the forward scattered light such that the forward scattered light is guided in the collection waveguide plane in a direction towards the detector array, and wherein the side scattered light collection point comprises a side scattered collection grating coupler, and wherein the side scattered collection grating coupler is arranged to redirect the side scattered light such that the side scattered light is guided in the collection waveguide plane in a direction towards the detector array,” in combination with the other claimed limitations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RUFUS L PHILLIPS whose telephone number is (571)270-7021. The examiner can normally be reached M-Th, 2 -10 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michelle Iacoletti can be reached at (571) 270-5789. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RUFUS L PHILLIPS/ Examiner, Art Unit 2877
Prosecution Insights