Ex Parte Jung et al

Patent Trial and Appeal Board

Oct 25, 2012

11729276 (P.T.A.B. Oct. 25, 2012)

UNITED STATES PATENT AND TRADEMARK OFFICE
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
11/729,276 03/27/2007 Edward K.Y. Jung SE1-0180-US 4144
80118 7590 10/25/2012
Constellation Law Group, PLLC
P.O. Box 220
Tracyton, WA 98393
EXAMINER
EDWARDS, LYDIA E
ART UNIT PAPER NUMBER
1775
MAIL DATE DELIVERY MODE
10/25/2012 PAPER
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
PTOL-90A (Rev. 04/07)

UNITED STATES PATENT AND TRADEMARK OFFICE
________________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
________________

Ex parte EDWARD K.Y. JUNG, ERIC C. LEUTHARDT,
ROYCE A. LEVIEN, ROBERT W. LORD,
MARK A. MALAMUD, JOHN D. RINALDO, JR., and
LOWEL L. WOOD, JR.
________________

Appeal 2011-008752
Application 11/729,276
Technology Center 1700
________________

Before FRED E. MCKELVEY, JEFFREY T. SMITH, and
DONNA M. PRAISS, Administrative Patent Judges.

PRAISS, Administrative Patent Judge.

DECISION ON APPEAL

Appeal 2011-008752
Application 11/729,276

2

STATEMENT OF THE CASE
This is an appeal under 35 U.S.C. § 134 from the final rejection of
claims 1-4 and 6-30. We have jurisdiction under 35 U.S.C. § 6.
Appellant’s claimed invention relates to a device for detection of one
or more pathogens.1 Spec. 3. Claim 1 is illustrative:
1. A device comprising:
one or more detection units configured to detachably connect to one
or more microfluidic chips and configured to detect one or more pathogen
indicators that are associated with one or more samples and that are
translocatable from the one or more samples into one or more substantially
segregated separation fluids.
The Examiner relied on the following references in rejecting the
appealed subject matter:
Wu US 6,221,677 B1 Apr. 24, 2001
Blankenstein US 2003/0044832 A1 Mar. 6, 2003
Terstappen US 2004/0118757 A1 Jun. 24, 2004
Adelman US 6,037,167 Mar. 14, 2000
Humphries US 2004/0004523 A1 Jan. 8, 2004
Case Jr. US 2007/0011919 A1 Jan. 18, 2007
The Examiner maintains, and Appellant appeals, the following
rejections:2

1 Related US Application 11/729,301 is the subject of Appeal Number 2011-
008345 (Ans. 2; Reply Br. 8) and related US Application 11/729,275 is the
subject of Appeal Number 2012-005307.
2 The rejections of claims 1, 17-22 and 27-30 under 35 U.S.C. 112, second
paragraph, have been withdrawn by the Examiner. Ans. 4.
Appeal 2011-008752
Application 11/729,276

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1. Claims 1-4 and 6-14 stand rejected under 35 U.S.C. § 103(a) as
being unpatentable over Wu in view of Blankenstein.
2. Claim 15 stands rejected under 35 U.S.C. § 103(a) as being
unpatentable over Wu in view of Blankenstein in view of
Terstappen.
3. Claim 16 stands rejected under 35 U.S.C. § 103(a) as being
unpatentable over Wu in view of Blankenstein in view of Adelman
in view of Terstappen.
4. Claims 17-18, 22-23, and 27-30 stand rejected under 35 U.S.C. §
103(a) as being unpatentable over Wu in view of Adelman in view
of Humphries.
5. Claims 21 and 26 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Wu in view of Adelman in view of Humphries
in view of Terstappen.
6. Claims 20 and 25 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Wu in view of Adelman in view of Humphries
in view of Blankenstein.
7. Claims 19 and 24 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Wu in view of Adelman in view of Humphries.

OPINION
Upon consideration of the appeal, and for the reasons given by the
Examiner in the Answer, the decision of the Examiner rejecting all of the
claims over the prior art is affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(v).
Appeal 2011-008752
Application 11/729,276

4

AFFIRMED

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