DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 Information Disclosure Statements, filed 30 September 2024, 05 December 2024, 04 April 2025, 23 July 2025 have been fully considered by the examiner. Signed copies are attached.
Claims 1-21 are pending.
Claims 1-21 are rejected, grounds follow.
Priority
Examiner acknowledges that instant application is a Continuation of Application 18/559,769 (now US patent # 12,136,283) and has been accorded the benefit of the original priority date.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Examiner notes that drawings figs. 1-5B describe only the embodiment where the probe is moved and not the stage, which is not the embodiment claimed. Therefore, the embodiment where the stage is moved in lieu of the probe must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 12,136,283 in view of Fang et al., Chinese Patent Application Publication CN 113,373,104, Because, as illustrated in the table below, the reference patent, in view of the secondary reference(s), discloses, teaches, and/or fairly suggests all of the limitations of the claims at issue in the instant application:
18/901,990
US 12,136,283
1. A particle manipulation system, comprising:
1. A particle manipulation system, comprising:
an optical imaging system configured to acquire an image of a sample of particles;
an optical imaging system configured to acquire an image of a sample of particles;
a processor configured to analyze the image, the image analysis comprising at least identifying a target particle or a target cluster of particles in the image and determining or recording the lateral position of the target particle or target cluster of particles in the sample of particles;
a processor configured to analyze the image, the image analysis comprising at least identifying a target particle in the image and determining or recording the lateral position of the target particle in the sample of particles; and
a sample movement system, wherein the sample of particles may be disposed on the sample movement system; and
(obvious in view of CN 113373104 [0015] "the probe-cell driving module and a container for spreading cell samples and an array chip for carrying the captured cells can be moved relative to each other using a moving stage;")
a vacuum-based probe system comprising:
a vacuum-based probe system comprising:
a probe comprising a hollow needle having an opening at a distal end thereof, the opening having a diameter that is smaller than the target particle or target cluster of particles; and
a moveable probe comprising a hollow needle having an opening at a distal end thereof, the opening having a first diameter that is smaller than the size of the target particle; and
a vacuum pump configured to apply a vacuum up through the probe;
a vacuum pump configured to apply a vacuum up through the probe;
wherein the processor is further configured to instruct the vacuum-based probe system, the sample movement system, or both to:
wherein the processor is further configured to instruct the vacuum-based probe system to:
move the probe, the sample movement system, or both, such that the probe is located at the lateral position of the target particle or target cluster of particles in the sample of particles; and
move the moveable probe to the lateral position of the target particle; and
apply a vacuum up through the probe such that the target particle or target cluster of particles is pulled away from the sample of particles and held against the tip of the probe.
apply a vacuum up through the probe such that the target particle is pulled away from the sample of particles and held against the tip of the moveable probe.
2. The particle manipulation system of claim 1, wherein the diameter of the opening is in the range of from about 0.01 to about 1000 micrometers.
2. The particle manipulation system of claim 1, wherein the first diameter of the opening is in the range of from 0.01 to 1000 micrometers.
3. The particle manipulation system of claim 1, wherein:
3. The particle manipulation system of claim 1, wherein:
the vacuum-based probe system further comprises a flow meter configured to monitor air flow through the probe;
the vacuum-based probe system further comprises a flow meter configured to monitor air flow through the moveable probe;
the probe is configured to move vertically; and
the moveable probe is configured to move vertically; and
the processor is further configured to instruct the vacuum-based probe system to:
the processor is further configured to instruct the vacuum-based probe system to:
after the probe is located at the lateral position of the target particle or target cluster of particles in the sample of particles and the vacuum has been applied, move the probe in a vertical direction towards the target particle or target cluster of particles;
after the moveable probe has been moved to the lateral position of the target particle and the vacuum has been applied, move the moveable probe in a vertical direction towards the target particle;
monitor the airflow through the probe via the flow meter while the probe moves in a vertical direction towards the target particle or target cluster of particles; and
monitor the airflow through the moveable probe via the flow meter while the probe moves in a vertical direction towards the target particle; and
terminate vertical movement of the probe when a drop in airflow through the probe is measured by the flow meter.
terminate vertical movement of the moveable probe when a drop in airflow through the moveable probe is measured by the flow meter.
4. The particle manipulation system of claim 1, further comprising:
4. The particle manipulation system of claim 1, further comprising:
a particle retrieval tray configured for receiving the target particle or target cluster of particles from the probe.
a particle retrieval tray configured for receiving the target particle from the moveable probe.
5. The particle manipulation system of claim 4, wherein the processor is further configured to instruct the vacuum-based probe system to:
5. The particle manipulation system of claim 4, wherein the processor is further configured to instruct the vacuum-based probe system to:
move the probe having the target particle or target cluster of particles held against the tip thereof to a lateral position over the particle retrieval tray; and
move the moveable probe having the target particle held against the tip thereof to a lateral position over the particle retrieval tray; and
terminate the vacuum such that the target particle or target cluster of particles releases from the tip of the probe on to the particle retrieval tray.
terminate the vacuum such that the target particle releases from the tip of the moveable probe on to the particle retrieval tray.
6. The particle manipulation system of claim 4, wherein the processor is further configured to instruct the sample movement system to:
move the sample movement system away from the probe having the target particle or target cluster of particles held against the tip thereof;
(obvious in view of CN 113373104 [0015] "the probe-cell driving module and a container for spreading cell samples and an array chip for carrying the captured cells can be moved relative to each other using a moving stage;")
move the particle retrieval tray such that the probe is located at a lateral position over the particle retrieval tray; and
(nb. The retreival tray is the array chip 8., which is indicated as movable relative to the probe-cell driving module by the moving stage)
terminate the vacuum such that the target particle or target cluster of particles releases from the tip of the probe on to the particle retrieval tray.
(in view of 12,136,283 Claim 5, "terminate the vacuum such that the target particle releases from the tip of the moveable probe on to the particle retrieval tray.")
7. The particle manipulation system of claim 1, wherein the optical imaging system comprises:
6. The particle manipulation system of claim 1, wherein the optical imaging system comprises:
an optical microscope configured to acquire an image of the sample of particles;
an optical microscope configured to acquire an image of the sample of particles;
a light source configured to illuminate the sample of particles; and
a light source configured to illuminate the sample of particles; and
a camera configured to receive and record the image.
a camera configured to receive and record the image.
8. The particle manipulation system of claim 7, wherein the optical imaging system is configured to perform dark field optical microscopy.
7. The particle manipulation system of claim 6, wherein the optical imaging system is configured to perform dark field optical microscopy.
9. The particle manipulation system of claim 1, wherein the optical imaging system is configured to acquire a high-resolution image of a sample of particles comprising a plurality of particles having a size in the range of from about 0.01 to about 1,000 micrometers.
8. configured to acquire a high-resolution image of a sample of particles comprising a plurality of particles having a size in the range of from 0.01 to 1,000 micrometers.
10. The particle manipulation system of claim 1, wherein the processor is configured to:
(obvious in view of CN 113373104)
move the sample movement system while maintaining the probe in a stationary position to locate the probe at the lateral position of the target particle or target cluster of particles in the sample of particles.
(CN 113373104 [0015] "the probe-cell driving module and a container for spreading cell samples and an array chip for carrying the captured cells can be moved relative to each other using a moving stage;")
11. A method of manipulating nano- and micrometer scale particles, comprising:
9. A method of manipulating nano-and micrometer scale particles, comprising:
acquiring a magnified image of a sample of particles, the sample of particles comprising a plurality of particles having a size in the range of from about 0.01 to about 1,000 micrometers;
acquiring a magnified image of a sample of particles, the sample of particles comprising a plurality of particles having a size in the range of from 0.01 to 1,000 micrometers;
analyzing the magnified image to identify a target particle or a target cluster of particles;
analyzing the magnified image to identify a target particle;
determining the lateral position of the target particle or target cluster of particles in the sample of particles;
determining the lateral position of the target particle in the sample of particles;
moving a vacuum-based probe, a sample movement system on which the sample of particles is disposed, or both, such that the vacuum-based probe is located at the lateral position of the target particle or target cluster of particles in the sample of particles; and
moving a vacuum-based probe to the lateral position of the target particle; and
applying a vacuum up through the vacuum-based probe to thereby pull the target particle or target cluster of particles away from the sample of particles and hold the target particle or target cluster of particles against a tip of the vacuum-based probe;
applying a vacuum up through the vacuum-based probe to thereby pull the target particle away from the sample of particles and hold the target particle against a tip of the probe;
wherein the vacuum-based probe comprises a hollow needle having an opening at a distal end thereof, the opening having a diameter that is smaller than the size of the target particle or target cluster of particles.
wherein the vacuum-based probe comprises a hollow needle having an opening at a distal end thereof, the opening having a first diameter that is smaller than the size of the target particle.
12. The method of claim 11, further comprising:
10. The method of claim 9, further comprising:
moving the vacuum-based probe having the target particle or target cluster of particles held against the tip thereof to a lateral position over a particle retrieval tray; and
moving the vacuum-based probe having the target particle held against the tip thereof to a lateral position over a particle retrieval tray; and
terminating the vacuum such that the target particle or target cluster of particles releases from the tip of the vacuum-based probe on to the particle retrieval tray.
terminating the vacuum such that the target particle releases from the tip of the vacuum-based probe on to the particle retrieval tray.
13. The method of claim 11, further comprising:
moving the sample movement system away from the vacuum-based probe having the target particle or target cluster of particles held against the tip thereof;
(obvious in view of CN 113373104 [0015] "the probe-cell driving module and a container for spreading cell samples and an array chip for carrying the captured cells can be moved relative to each other using a moving stage;")
moving the particle retrieval tray such that the vacuum-based probe having the target particle or target cluster of particles held against the tip thereof is located at a lateral position over the particle retrieval tray; and
(nb. The retreival tray is the array chip 8., which is indicated as movable relative to the probe-cell driving module by the moving stage)
terminating the vacuum such that the target particle or target cluster of particles releases from the tip of the vacuum-based probe on to the particle retrieval tray.
(in view of 12,136,283 Claim 5, "terminate the vacuum such that the target particle releases from the tip of the moveable probe on to the particle retrieval tray.")
14. The method of claim 11, further comprising:
11. The method of claim 9, further comprising:
after locating the vacuum-based probe at the lateral position of the target particle or target cluster of particles in the sample of particles and applying a vacuum up through the vacuum-based probe, moving the vacuum-based probe in a vertical direction towards the target particle or target cluster of particles;
after moving the vacuum-based probe to the lateral position of the target particle and applying a vacuum up through the vacuum-based probe, moving the vacuum-based probe in a vertical direction towards the target particle;
monitoring air flow through the vacuum-based probe while the vacuum-based probe moves in a vertical direction towards the target particle or target cluster of particles; and
monitoring air flow through the vacuum-based probe while the probe moves in a vertical direction towards the target particle; and
when a drop in airflow is measured, terminating vertical movement of the vacuum-based probe.
when a drop in airflow is measured, terminating vertical movement of the vacuum-based probe.
15. The method of claim 11, wherein acquiring the magnified image of the sample of particles comprises using dark field imaging.
12. The method of claim 9, wherein acquiring the magnified image of the sample of particles comprises using dark field imaging.
16. The method of claim 15, wherein the plurality of particles are refractory particles.
13. The method of claim 12, wherein the plurality of particles are refractory particles.
17. The method of claim 16, wherein dark field imaging comprises directing a light source at the sample of particles at a predetermined angle of incidence.
14. The method of claim 13, wherein dark field imaging comprises directing a light source at the sample of particles at a predetermined angle of incidence.
18. The method of claim 11, wherein the diameter of the opening is in the range of from about 0.01 to about 1000 micrometers.
15. The method of claim 9, wherein the first diameter of the opening is in the range of from 0.01 to 1,000 micrometers.
19. The method of claim 11, further comprising:
16. The method of claim 9, further comprising:
displaying the magnified image of the sample of particles on a display; and
displaying the magnified image of the sample of particles on a display; and
wherein analyzing the magnified image to identify a target particle or a target cluster of particles comprises receiving a user input selecting a particle or cluster of particles displayed on the display to thereby identify the particle as the target particle or identify the cluster of particles as the target cluster of particles.
wherein analyzing the magnified image to identify a target particle comprises receiving a user input selecting a particle displayed on the display to thereby identify the particle as the target particle.
20. The method of claim 11, wherein analyzing the magnified image to identify a target particle or target cluster of particles comprises using machine vision algorithms to analyze the magnified image and identify the target particle or target cluster of particles.
17. The method of claim 9, wherein analyzing the magnified image to identify a target particle comprises using machine vision algorithms to analyze the magnified image and identify the target particle.
21. The method of claim 11, wherein moving the vacuum-based probe, the sample movement system on which the sample of particles is disposed, or both, such that the vacuum-based probe is located at the lateral position of the target particle or target cluster of particles in the sample of particles comprises moving the sample movement system while maintaining the vacuum-based probe in a stationary position.
(obvious in view of CN 113373104 [0015] "the probe-cell driving module and a container for spreading cell samples and an array chip for carrying the captured cells can be moved relative to each other using a moving stage;")
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Moore et al., US Pg-Pub 2004/0056194 particularly [0035] which also describes moving the sample stage while only raising or retracting the probe slightly to execute a transfer of a microscopic particle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA T SANDERS whose telephone number is (571)272-5591. The examiner can normally be reached Generally Monday through Friday.
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, Mohammad Ali can be reached at 571-272-4105. 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.
/J.T.S./Examiner, Art Unit 2119
/MOHAMMAD ALI/Supervisory Patent Examiner, Art Unit 2119
Prosecution Insights