Appln. No.: 11/388,723
`Office Action Mailed September 5, 2008
`OffiCe Action Reply Filed on December 5, 2008
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`REMARKS
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`The following remarks are in response to Examiner’s Office Action mailed on September 5,
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`2008. Claim 1 is amended. Claims 12-20 have been previously withdrawn. New claims 22-23 are
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`added. Non—limiting support for new claims can be found, e.g., page 6 para. 0058. No new matter is
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`introduced by this Response, and thus entry thereof is respectfully requested. Claims 1—11 and 21—23
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`are currently pending. Reconsideration is respectfully requested in light of the following remarks.
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`Claims Rejection Under 35 US. C. §103
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`.
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`Claims 1-11 and 21 are rejected under 35 U.S.C. §103(a) as allegedly being unpatentable
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`over Childers et- al. (US Pat. Appln. No. 2004/0086872 hereinafter “Childers”) in View of Parce et
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`al., (US. Patent No. 5,942,443 “Parce” hereinafter). Applicants hereby respectfully traverse for the
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`following reasons.
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`Claim 1 of the instant application is drawn to an apparatus for detecting an analyte in a
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`biological fluid of a subject. The claim as amended requires a sample collection unit for introducing
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`a biological fluid in fluid communication with a plurality of reaction sites through which optical
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`signals are detected, as well as at least one channel connecting said plurality of reaction sites
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`comprising an optical barrier effective in reducing the amount of optical cross-talk between said
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`plurality of said reaction sites during detection of an analyte.
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`The combined teachings of Childers and Parce do not teach or suggest all claim elements.
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`Childers is cited for providing an assay chamber and a cover over the assay chamber. However, as is
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`acknowledged by the Office Action, Childers does not teach the incorporation of a plurality of assay
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`chambers. Thus, Childers fails to disclose at least one channel connecting a plurality of reaction
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`sites. Moreover, Childers does not teach or suggest at least one such channel comprising an optical
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`barrier effective in reducing the amount of optical cross-talk between the plurality of reaction sites
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`during detection of an analyte.
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`Parce is cited for disclosing that opaque materials may be used in microfluidic device
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`fabrication. Parce discloses a planar substrate with a plurality of reservoirs 208, 210, 212, 216, 220,
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`226, 228 along with a detection window 230 for detecting the transit of fluorescent or other dyes, as
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`shown in Figure 2 below. See co]. 12, lines 21-39. Parce’s design has one detection window.
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`350825 8_1.DOC
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`Atty. Docket No. 30696-712201
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`-5-
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`
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`Appln. No.: 11/388,723
`Office Action Mailed September 5, 2008
`Office Action Reply Filed on December 5, 2008
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`Parce’s design also appears to have chambers feeding into one common channel where, presumably,
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`a reaction takes place. Parce does not recognize the need to minimize optical cross—talk between a
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`plurality of reaction sites.
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`Independent claim 1 requires a sample collection unit for introducing a biological fluid in
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`fluid communication with a plurality of reaction sites through which optical signals are detected.
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`The cited disclosure of Parce does not teach a plurality of reaction sites through which optical
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`signals are detected. By contrast, Parce discloses a single optical detection window for detecting the
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`transit of fluorescent or other dyes.
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`Claim 1 also requires a system of fluidic channels wherein at least one channel connecting a
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`plurality of reaction sites comprises an optical barrier effective in reducing the amount of optical
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`cross-talk between the plurality of reaction sites during detection of an analyte. The cited disclosure
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`of Parce does not teach or suggest a channel connecting a plurality of reaction sites, let alone such a
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`channel comprising an optical barrier effective in reducing the amount of optical cross-talk between
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`the plurality of reaction sites during detection of an analyte. Parce teaches away from such a channel
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`by highlighting the use of a single detection window over a channel. Nothing in the cited disclosure
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`of Parce would motivate one skilled in the art to design a fluidic system in which an optical barrier is
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`used to reduce optical cross—talk between a plurality of reaction sites during detection of an analyte.
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`3508258_1.DOC
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`Atty. Docket No. 30696-712201
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`Appln. No.: 11/388,723
`Office Action Mailed September 5, 2008
`Office Action Reply Filed on December 5, 2008
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`Because the combined teachings of Childers and Parce do not suggest all elements of
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`independent claim 1, related dependent claims 2—11 and 21 can not be rendered obvious in View of
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`such combinations. Applicants respectfully request withdrawal of this rejection.
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`3508258_1.DOC
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`Atty. Docket No. 30696-712201
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`Appln. No.: 11/388,723
`Office Action Mailed September 5, 2008
`Office Action Reply Filed on December 5, 2008
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`CONCLUSION
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`Applicants submit that this paper fully addresses the issues raised in the Office Action mailed
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`on September 5, 2008. Applicants believe that the pending claims are under condition for
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`allowance. Should the Examiner have any questions, the Examiner is encouraged to contact the
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`undersigned attorney at (650) 565—3 808. The Commissioner is authorized to charge any additional
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`fees which may be required, including petition fees and extension of time fees, to Deposit Account
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`No. 23-2415 (Docket No. 30696-712201).
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`Respectfully submitted,
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`WILSON SONSINI GOODRICH & ROSATI
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`By: % ?
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`Elaine A. Kim
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`Reg. No. 57,613
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`Dated: DecemberS 2008
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`
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`650 Page Mill Road
`Palo Alto, CA 94304—1050
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`(650) 493-9300
`Customer No. 021971
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`350825 8_1.DOC
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`Atty. Docket No. 30696-712201
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