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 ACTION
Allowable Subject Matter
Claim(s) 19 is/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.
Concerning claim 19, the search did not find or make obvious the method of claim 17, wherein spacing each hole of the subset from the outer perimeter of the corresponding opening includes filling any holes of the subset that partially overlap the plurality of grid bars.
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) 1-3, 5-6, 8-11, 13-14, 16-18 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CLOSS et al. (WO 2021067940 A1).
Regarding claim 1, CLOSS discloses a grid (10) for sampling a liquid specimen (fig. 9) [0121-0122],, the grid comprising:
a mesh (10) including a plurality of grid bars (10) defining a plurality of openings (between 10), the plurality of grid bars forming an outer perimeter of each opening; and
a foil (340) coupled to the mesh, the foil including a plurality of holes (360), wherein a subset of the plurality of holes is aligned with each of the plurality of openings, and wherein each hole of the subset is spaced from (see fig. 9, 360) the outer perimeter of the corresponding opening defined by the plurality of grid bars (10) [0121-0122].
Regarding claim 9, CLOSS discloses that a grid (10) for sampling a liquid specimen (fig. 9) [0121-0122],, the grid comprising:
a mesh (10) including a plurality of grid bars (10) defining a plurality of openings (between 10s), the plurality of grid bars forming an outer perimeter of each opening; and
a foil (340) coupled to the mesh, the foil including a plurality of holes (360), wherein a subset of the plurality of holes is aligned with each of the plurality of openings (see fig. 9), and wherein none of the holes (360) of the subset partially overlaps the plurality of grid bars (10) forming the outer perimeter of the corresponding opening (between 10s), [0121-0122].
Regarding claim 17, CLOSS discloses that a method of fabricating a grid (10) for sampling a liquid specimen (fig. 9) [0121-0122],,, the method comprising:
providing a foil (340) including a plurality of holes (360);
coupling a mesh (10) to the foil, the mesh including a plurality of grid bars (10) defining a plurality of openings (between 10s),, the plurality of grid bars forming an outer perimeter of each opening (between 10s),, wherein a subset of the plurality of holes (360) is aligned with each of the plurality of (between 10s) [0121-0122].; and
spacing each hole (360) of the subset from the outer perimeter of the corresponding opening defined by the plurality of grid bars (10) [0121-0122]..
Regarding claims 2 and 10, CLOSS discloses that each of the plurality of openings (between 10s) is generally square (fig. 9).
Regarding claims 3 and 11,, CLOSS discloses that each of the plurality of holes (360) is generally circular (fig. 9).
Regarding claim(s) 5 and 13, CLOSS discloses that the mesh (copper /Au/gold grid/mesh 10) [0119-0120] is hydrophilic (Note copper/clean gold/gold is hydrophilic).
Regarding claims 6 and 14, CLOSS discloses wherein each subset of the plurality of holes (fig. 9, 360) is arranged in a cluster separated from adjacent clusters (see fig. 9, of 360s) of the plurality of holes by a distance greater than a width of one of the plurality of grid bars (10s).
Regarding claims 8 and 16, CLOSS discloses that the foil has a foil thickness of 10-15 nanometers [0106].
Regarding claim(s) 18, CLOSS discloses wherein spacing each hole (fig. 9, 360) of the subset from the outer perimeter of the corresponding opening (in grid 10) includes aligning (see fig. 9) the foil (340) with the mesh/grid (10) such that none of the holes (360) of the subset partially overlaps the plurality of grid bars (of 10) [0121-0122].
Regarding claim(s) 20, CLOSS discloses wherein spacing each hole (fig. 9, 360) of the subset from the outer perimeter of the corresponding opening (in mesh/grid 10) includes forming the plurality of holes (360) in the foil (340) after [0126] the foil is coupled to the mesh (10) [0121-0122] [0126].
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) 4 and 12 is/are rejected under 35 U.S.C. 103(a) as being unpatentable over CLOSS et al. (WO 2021067940 A1) in view of Freitag et al. (US 20110006208 A1).
Regarding claims 4 and 12, CLOSS discloses that the foil (340) is a
But CLOSS fails to disclose the foil is a plastic film.
Freitag, however, discloses use of a plastic film for a foil [0079].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine/modify the invention of CLOSS, with a plastic film for a foil, as taught by Freitag, to use as a substitution of one known foil material (i.e. plastic) for another to obtain predictable results of reducing charging [0079].
2. Claim(s) 7 and 15 is/are rejected under 35 U.S.C. 103(a) as being unpatentable over CLOSS et al. (WO 2021067940 A1) in view of BUIJSSE et al. (EP 2757402 B1).
Regarding claims 7 and 15, CLOSS discloses the mesh (10) has a mesh thickness
But CLOSS fails to disclose the mesh has a mesh thickness of 5-35 micrometers
BUIJSSE, however, discloses a foil (16) coupled to a mesh (12), and the mesh (12 of 10) has a mesh thickness of 5-35 micrometers [0032].
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 CLOSS, with a mesh that has a mesh thickness of 5-35 micrometers, as taught by BUIJSSE , to use as a substitution of one known mesh thickness (i.e., of 5-35 micrometers) for another to obtain predictable sample support and structural stability results [0032].
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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