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 .
Priority
The instant claims herein are examined utilizing the accepted effective filing date of 11/3/2020 for the basis of any prior art rejections. The instant application is a CON of 17/167,744, now US Pat. No. 12,090,481.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 9/4/2024 is acknowledged. The IDS has been considered except where noted in the IDS. The Non-Patent Literature document number 22, Tsutsui et al., was not considered because a copy was not provided to the Office.
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.
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Claims 1-2, 4-12, and 14-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,090,481 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the invention of ‘481 would read on the instant claims if it were available as prior art.
Regarding instant claim 1, patented claim 1 of ‘481 recites “A microfluidic system for separating biological entities comprising: a cooling device including a thermoelectric heat pump, a first fan, and a first heat exchanger disposed between the first fan and the thermoelectric heat pump; a first housing structure having a first shell that encases the first fan and the first heat exchanger, the first housing structure having first and second cavities that respectively expose two sides of the first heat exchanger and a third cavity formed adjacent to the first fan opposite the first heat exchanger; a microfluidic device and one or more piezoelectric transducers attached thereto; and a second housing structure reversibly attached to the first housing structure and having a second shell that encloses therein the microfluidic device and the one or more piezoelectric transducers, the second housing structure including fourth and fifth cavities that respectively expose two ends of the microfluidic device and a sixth cavity, wherein when the first and second housing structures are coupled, the first and second cavities are respectively aligned to the fourth and fifth cavities to form first and second air passages between the two sides of the first heat exchanger and the two ends of the microfluidic device, the third and sixth cavities are aligned to form a third air passage between the first fan and the one or more piezoelectric transducers, thereby allowing air to circulate between the third air passage and the first and second air passages, and wherein the microfluidic device and the one or more piezoelectric transducers attached thereto are hermetically sealed when the first and second housing structures are coupled”.
Regarding claims 2, patented claim 2 recites “wherein the first heat exchanger includes a thermal conductor plate with multiple convection fins protruded therefrom.”
Regarding claim 4, patented claim 3 recites “ wherein the microfluidic device is in the form of an elongated strip of chip and is supported at the two ends thereof in the second housing structure.”
Regarding claim 5, patented claim 4 recites “wherein the one or more piezoelectric transducers are directly cooled by incident air from the first fan.”
Regarding claim 6, patented claim 5 recites “wherein heat generated by the one or more piezoelectric transducers is transferred to the first heat exchanger by convection of air circulating between the third air passage and the first and second air passages.”
Regarding claim 7, patented claim 6 recites “wherein the microfluidic device includes a substrate with trenches formed therein and a lid covering the trenches, the one or more piezoelectric transducers being attached to the lid opposite the substrate.”
Regarding claim 8, patented claim 7 recites “wherein the thermoelectric heat pump is a Peltier device.”
Regarding claim 9, patented claim 8 recites “wherein the cooling device further comprises a second fan and a second heat exchanger disposed between the second fan and the thermoelectric heat pump.”
Regarding claim 10, patented claim 9 recites “wherein the thermoelectric heat pump transfers heat from the first heat exchanger to the second heat exchanger.”
Regarding claim 11, patented claim 10 recites “A microfluidic system for separating biological entities comprising: a cooling device including a thermoelectric heat pump, a first fan, and a first heat exchanger disposed between the first fan and the thermoelectric heat pump; a first housing structure having a first shell that encases the first fan and the first heat exchanger, the first housing structure having a first cavity exposing a side of the first heat exchanger and a second cavity formed adjacent to the first fan opposite the first heat exchanger; a microfluidic device and one or more piezoelectric transducers attached thereto; and a second housing structure reversibly attached to the first housing structure and having a second shell that encloses therein the microfluidic device and the one or more piezoelectric transducers, the second housing structure including a third cavity exposing an end of the microfluidic device and a fourth cavity, wherein when the first and second housing structures are coupled, the first and third cavities are aligned to form a first air passage between the side of the first heat exchanger and the end of the microfluidic device, the second and fourth cavities are aligned to form a second air passage between the first fan and the one or more piezoelectric transducers, thereby allowing air to circulate between the first and second air passages, and wherein the microfluidic device and the one or more piezoelectric transducers attached thereto are hermetically sealed when the first and second housing structures are coupled.”
Regarding claim 12, patented claim 11 recites “wherein the first heat exchanger includes a thermal conductor plate with multiple convection fins protruded therefrom.”
Regarding claim 14, patented claim 12 recites “wherein the microfluidic device is in the form of an elongated strip of chip and is supported at the two ends thereof in the second housing structure.”
Regarding claim 15, patented claim 13 recites “ wherein the one or more piezoelectric transducers are directly cooled by incident air from the first fan.”
Regarding claim 16, patented claim 14 recites “wherein heat generated by the one or more piezoelectric transducers is transferred to the first heat exchanger by convection of air circulating between the first and second air passages.”
Regarding claim 17, patented claim 15 recites “wherein the microfluidic device includes a substrate with trenches formed therein and a lid covering the trenches, the one or more piezoelectric transducers being attached to the lid opposite the substrate.”
Regarding claim 18, patented claim 16 recites “wherein the thermoelectric heat pump is a Peltier device.”
Regarding claim 19, patented claim 17 recites “wherein the cooling device further comprises a second fan and a second heat exchanger disposed between the second fan and the thermoelectric heat pump.”
Regarding claim 20, patented claim 18 recites “wherein the thermoelectric heat pump transfers heat from the first heat exchanger to the second heat exchanger.”
As such, it is clear that the claimed invention and the patented invention are obvious variants of each other.
Claims 3 and 13 rejected on the ground of nonstatutory double patenting as being unpatentable over U.S. Patent No. 12,090,481 B2 in view of Nettesheim et al (US 9,788,404 B2, 7/22/2015; published 10/10/2017).
As stated above, ‘418 patent would read on of instant claims 1 and 12 of which claims 3 and 13 depend.
‘481 patent does not teach or disclose that the “largest surface of each of the one or more piezoelectric transducers faces the first cooling fan” as recited in instant claims 3 and 13.
However, Nettesheim teaches an apparatus for producing a plasma with a control circuit, which is electrically connected to a piezoelectric transformer, in order to excite piezoelectric transformer, and a printed circuit board, on which the control circuit is realized. The piezoelectric transformer is mounted with a region of a first end with respect to the printed circuit board, a high voltage can be impressed on a second free end of the piezoelectric transformer, and the plasma can be ignited at atmospheric pressure. A current of a working gas for forming the plasmas and for cooling the piezoelectric transformer flows (Summary of the invention, para 2). The housing bears a fan, with which an air current can be produced through the piezoelectric transformer and towards the opening in the housing. While the figures of Nettesheim show that fan in a particular orientation to the piezoelectric transducer, the reference states the arrangement of the fan that is shown in FIG. 1 is not to be construed as limiting the invention. It should be appreciated that the fan can be mounted at any point on the housing (i.e., the fan can be mounted in any position/orientation, including above/below the surface of the piezoelectric transducer).
Therefore, it would have been obvious for one of ordinary skill to create the microfluidic system as in co-pending ‘418 and mount the fan such that it faces the surface of the piezoelectric transducer as taught by Nettesheim.
Closest Prior Art
The examiner notes that no prior art rejections have been posited against the instant claims. The instant claims require “first housing structure that has a first cavity exposing a side of the first heat exchanger,” “a second housing structure reversibly attached to a first housing structure,” “a third cavity exposing an end of the microfluidic device,” and “fourth and fifth cavities that respectively expose two ends of the microfluidic device and a sixth cavity.” The closest prior art, Wada et al (WO 2019142343 A1, 28 Jan 2018) teaches a temperature control space for containing the sample therein and controlling the temperature of the sample; a thermal insulation layer surrounding the periphery of the temperature control space such that the inside of the temperature control space is thermally separated from the outside air; a cooling unit for cooling the inside of the temperature control space; a heat transfer plate covering at least a part of the outer surface of the heat insulating layer; and a heater for heating the heat transfer plate so that condensation does not occur on the surface of the heat transfer plate. Zhou (US 10,449,553 B2; 3 Mar 2018; in IDS filed 9/4/2024) teaches a microfluidic device attached to a piezoelectric transducer (PZT). The transducer applies ultrasound vibration to the microfluidic device to dissociate the magnetic conglomeration. Pierson (US 3,555,297 A, 10 Oct 2012; in IDS filed 9/4/2024) teaches an ultrasonic transducer having one or more piezoelectric crystal discs sandwiched between a back and front body. Kunc et al (US 20210310914, 30 Mar 2018; in IDS filed 9/4/2024) teaches a device for a biological sample grinding apparatus comprising a first enclosure having and internal chamber and comprising an opening making it possible for a fluidic communication with an internal chamber of a second enclosure through an opening of it, the device further comprising an air circuit making the outside air communicate with the internal chamber of the first enclosure, and a blasting means (i.e., a fan) making it possible for an air circulation in the air circuit from the outside up into the internal chamber of the first enclosure. Finally, Lenehan et al (US 7591302 B1, 8 Dec 2003; in IDS filed 9/4/2024) teaches a cooling system, for a heat-generating device and contains a heat exchanger which absorbs heat from the heat-generating device, attached to a heat rejector that transfers heat to the surrounding ambient environment (col 4, lines 33-40). The heat rejector can include a plurality of fins for assisting in conducting heat away from the system. However, none of the references, alone or in combination, teach or suggest the above limitations of the instant invention.
Conclusion
No claim is allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GILLIAN C REGLAS whose telephone number is (571)270-0320. The examiner can normally be reached M-F 9-5.
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/DAVID A MONTANARI/Examiner, Art Unit 1632
/G.R./Examiner, Art Unit 1632
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