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 .
DETAILED ACTION4
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.
(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) 1-8, 10-11, 13, 15-18 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CARRAGHER et al. (US 20150090899 A1).
Regarding claim 1, CARRAGHER discloses a grid (figs. 1-3, “EM grid”) for sampling a liquid specimen [0013], the grid comprising:
a first layer (figs. 1-3, shaded layer) comprising a plurality of lanes (figs. 1-3, lanes/wells/chambers/receptacle extending into shaded layer), each lane having a first end (open end of well) configured to receive a droplet of the liquid specimen (from inkjet head), a second end (bottom end of well) opposite the first end, and a length extending from the first end to the second end (figs. 1-3, wells/chambers in shaded layer are three dimensional); and
a backing material (figs. 1-3, unshaded layer) supporting the first layer
(figs. 1-3; “ink jet head” dispenses liquid droplets to “EM grid” lanes/wells/chambers/receptacle composed of first layer (shaded layer) and backing material (unshaded layer))
[0026].
Regarding claim 11, CARRAGHER discloses a transmission electron microscopy (TEM) sample preparation system (figs. 1-3, “EM grid”) [0022] comprising:
a grid (figs. 1-3, “EM grid”) configured for sampling a liquid specimen [0013], the grid including a first layer (figs. 1-3, shaded layer) comprising a plurality of lanes (figs. 1-3, lanes/wells/chambers/receptacle extending into shaded layer)and
a backing material (figs. 1-3, unshaded layer) supporting the first layer,
each lane having a first end (open end of well) configured to receive the liquid specimen (from inkjet head), a second end (bottom end of well) opposite the first end, and a length extending from the first end to the second end (figs. 1-3, wells/chambers in shaded layer are three dimensional), the backing material defining a bottom of each lane; and
an applicator (inkjet head), configured to apply a droplet of the liquid specimen onto each lane such that spontaneous capillary flow [0016] [0029] of the liquid specimen occurs
(figs. 1-3; “ink jet head” dispenses liquid droplets to “EM grid” lanes/wells/chambers/receptacle composed of first layer (shaded layer) and backing material (unshaded layer))
[0026].
Regarding claim 16, CARRAGHER discloses a method of preparing a liquid specimen [0013], the method comprising:
providing a grid (figs. 1-3, “EM grid”), the grid including a first layer (figs. 1-3, shaded layer) comprising a plurality of lanes (figs. 1-3, lanes/wells/chambers/receptacle extending into shaded layer) and
a backing material (figs. 1-3, unshaded layer) supporting the first layer,
each lane having a first end (open end of well) configured to receive the liquid specimen (from inkjet head), a second end (bottom end of well) opposite the first end, and a length extending from the first end to the second end (figs. 1-3, wells/chambers in shaded layer are three dimensional), the backing material defining a bottom of each lane; and
applying droplets (from inkjet head) of the liquid specimen onto the first end of each of the plurality of lanes such that the plurality of lanes is filled via spontaneous capillary flow [0016] [0029]
(figs. 1-3; “ink jet head” dispenses liquid droplets to “EM grid” lanes/wells/chambers/receptacle composed of first layer (shaded layer) and backing material (unshaded layer))
[0026].
Regarding claim 2, CARRAGHER discloses that the first layer (figs. 1-3, patterned shaded layer) is a mesh [0013 Note porous membrane for blotting material], and wherein the backing material (figs. 1-3, unshaded layer) is a foil [0013 Note EM grid].
Regarding claim 3, CARRAGHER discloses that the foil (figs. 1-3, unshaded layer) [0013 Note EM grid] [0003] includes a plurality of holes [0013 Note EM grid] [0003 Note grid open windows]..
Regarding claim 4, CARRAGHER discloses that the backing material (figs. 1-3, unshaded layer) defines a bottom of each lane (fig. 3, of well in shaded layer).
Regarding claim 5, CARRAGHER discloses that the first layer (figs. 1-3, shaded layer) is a foil [0013 Note porous membrane for blotting material],, and wherein the lanes (figs. 1-3, lanes/wells/chambers/receptacle extending into shaded layer) are etched into the foil [0013 Note laser machined].
Regarding claim 6, CARRAGHER discloses that the first layer (figs. 1-3, shaded layer) defines a ridge relative to the backing material (figs. 1-3, unshaded layer) , the ridge defining a thickness of the liquid specimen (see fig. 3).
Regarding claim 7, CARRAGHER discloses that at least one of the plurality of lanes (figs. 1-3, lanes/wells/chambers/receptacle extending into shaded layer) is linear (from top to bottom).
Regarding claim 8, CARRAGHER discloses that at least one of the plurality of lanes (figs. 1-3, lanes/wells/chambers/receptacle extending into shaded layer) is curved (sides of lanes/wells/chambers are curved/circular/rounded).
Regarding claim 10, CARRAGHER discloses that the liquid specimen is a first liquid specimen (fig. 3, sample), and wherein the second end (bottom end of well) is configured to receive a second droplet of a second liquid specimen (fig. 3, droplet of sample, buffer, and/or stain).
Regarding claim 13, CARRAGHER discloses that the applicator (inkjet head), applies droplets having a droplet size of 1 picoliter to 1 nanoliter (abstract).
Regarding claim 15, CARRAGHER discloses that the applicator (inkjet head), is an inkjet printer [0029].
Regarding claim 17, CARRAGHER discloses vitrifying the liquid specimen [0024].
Regarding claim 18, CARRAGHER discloses applying the droplets includes printing, using an inkjet printer (figs. 1-3; inkjet head) [0029], the droplets of the liquid specimen.
Regarding claim 20, CARRAGHER discloses blotting (fig. 3) [0013] [0016] [0029] the liquid specimen to control specimen thickness (fig. 3).
Claim Rejections - 35 USC § 103
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.
2. Claim(s) 9 is/are rejected under 35 U.S.C. 103(a) as being unpatentable over CARRAGHER et al. (US 20150090899 A1) in view of HOLMES et al. (US 20210382077 A1).
Regarding claim 9, CARRAGHER discloses wherein at least one of the plurality of lanes (figs. 1-3, lanes/wells/chambers extending into shaded layer)
But CARRAGHER fails to disclose lanes/receptacles/wells tapers from the first end (open end of well) to the second end .
HOLMES, however, discloses liquid sample lanes/receptacles/wells that tapers from the first end (open end of well) to the second end [1081-1082] (fig. 28, liquid storage well tapered at 2808).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA applications) to combine/modify the invention of CARRAGHER, with lanes/receptacles/wells tapers from the first end (open end of well) to the second end, as taught by HOLMES, to use as a substitution of one known sample receptacle shape (i.e. tapered) for another to obtain predictable liquid sample holding results.
2. Claim(s) 12 and 14 is/are rejected under 35 U.S.C. 103(a) as being unpatentable over CARRAGHER et al. (US 20150090899 A1) in view of MINO (US 20050233366 A1).
Regarding claim 12, CARRAGHER discloses the elements of claim 11, see previous.
But CARRAGHER fails to disclose wherein a volume of the droplet is substantially the same as a volume of the lane .
MINO, however, discloses a sample analyzing device that loads liquid droplets from a dispenser (50) into receptacles/wells/ lane /dents (3) for analysis; and
wherein a volume of the droplet is substantially the same as a volume of the lane/dent (3) [0109]
[0109 Note the volume of the droplet stored in the dent 3 is 0.01 to 1,000 pL … , the capacity of the dent 3 is preferably 2.times.10.sup.-6 to 1 pL; Note if the droplet volume is 1pL and the dent is 1pL then they are equal volume].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA applications) to combine/modify the invention of CARRAGHER, with volume of the droplet is substantially the same as a volume of the lane/dent, as taught by MINO, to prevent spillage/overflow from one storage lane/dent receptacle to another for ensuring adequate storage volume for accurate analysis of a sample droplet.
Regarding claim 14, CARRAGHER discloses
But CARRAGHER fails to disclose an electronic controller coupled to the applicator, to control the applicator.
MINO, however, discloses an electronic controller (fig. 1, 4) (fig. 4, 501, 502) [0210-0212] coupled to the applicator (50) to control the applicator [0215] [0217] [0284]
(figs. 1-7).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA applications) to combine/modify the invention of CARRAGHER, with an electronic controller coupled to the applicator, as taught by MINO, to use for controlling the applicator for automation to reduce operator/user workload.
2. Claim(s) 19 is/are rejected under 35 U.S.C. 103(a) as being unpatentable over CARRAGHER et al. (US 20150090899 A1) in view of (JP 6338869 B2).
Regarding claim 19, CARRAGHER discloses the elements of claim 16, see previous.
But CARRAGHER fails to disclose controlling evaporation of the liquid specimen.
(JP 6338869 B2), however, discloses a sample liquid droplet dispenser (figs. 1, 103), and a vacuum drying control device (107) and controlling evaporation (via 107) of the liquid specimen (pg. 8).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA applications) to combine/modify the invention of CARRAGHER, with controlling evaporation of the liquid specimen, as taught by (JP 6338869 B2), to use for drying rapidly the solvent of the liquid sample droplet (pg. 8).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Andrew Smyth whose telephone number is 571-270-1746. The examiner can normally be reached between 9:00AM - 6:00PM; Monday thru Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Georgia Epps can be reached on (571) 272-2328. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW SMYTH/Primary Examiner, Art Unit 2878
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