Annex E.1 1.3.10 Annexes Modified Date: 01 November 2012 INTERNATIONAL PRELIMINARY REPORT ON PATENTABILITY International Application No. PCT/SG2012/XXXXXX Box No. V Reasoned statement under Article 35(2) with regard to novelty, inventive step and industrial applicability; citations and explanations supporting such statement 1. Statement Novelty (N) Inventive step (IS) Industrial applicability (IA) Claims 1–60 YES Claims NONE NO Claims 1–60 YES Claims NONE NO Claims 1–60 YES Claims NONE NO 2. CITATIONS AND EXPLANATIONS: CITATIONS D1: GB 2430393 A (ASTON UNIVERSITY) 28 March 2007 D2: CHO, B. S. et al., ‘Passively Driven Integrated Microfluidic System for Separation of Motile Sperm’, Analytical Chemistry. 2003, vol. 75, pages 1671–1675 NOVELTY (N) None of the above prior art documents discloses a passive counter flow free microfluidic device and method of forming the same for sorting a sample of flagellated cells by means of the flagellated cells' intrinsic motility difference, wherein a plurality of microchannel sections arranged sequentially and in fluid communication with each other define a closed microchannel system between an input reservoir and a downstream output reservoir, wherein the total volume of microchannels in one of the plurality of microchannel sections is larger than that of the subsequent downstream microchannel section(s) for sorting the flagellated cells by means of the flagellated cells' intrinsic motility difference when the flagellated cells move through a stationary fluid medium from the input reservoir to the output reservoir. Therefore, the subject matter of Claims 1, 28 and 60 is new and meets the requirements of Article 33(2) of the PCT with regard to novelty. Claims 2–27 and 55–59 ultimately depend on claim 1 and claims 29–54 ultimately depend on claim 28 and define further features to those defined in the independent claims. Therefore, the subject matter of claims 2–27 and 29–59 is also new and meets the requirements of Article 33(2) of the PCT with regard to novelty. INVENTIVE STEP (IS) None of the above prior art documents either individually or in combination obviously suggests to a person skilled in the art a passive counter flow free microfluidic device and method of forming the same for sorting a sample of flagellated cells by means of the flagellated cells' intrinsic motility difference, wherein a plurality of microchannel sections arranged sequentially and in fluid communication with each other define a closed microchannel system between an input reservoir and a downstream output reservoir, wherein the total volume of microchannels in one of the plurality of microchannel sections is larger than that of the subsequent downstream microchannel section(s) for sorting the flagellated cells by means of the flagellated cells' intrinsic motility difference when the flagellated cells move through a stationary fluid medium from the input reservoir to the output reservoir. Therefore, the subject matter of Claims 1, 28 and 60 is not obvious and meets the requirements of Article 33(3) of the PCT with regard to inventive step. Claims 2–27 and 55–59 ultimately depend on claim 1 and claims 29–54 ultimately depend on claim 28 and add further aspects of the inventive concept. Therefore, the subject matter of claims 2–27 and 29–59 is also not obvious and meets the requirements of Article 33(3) of the PCT with regard to inventive step. INDUSTRIAL APPLICABILITY (IA) Form PCT/IPEA/409 (Box V) (July 2011) Effective Date: 01 November 2012 Annex E.2 1.3.10 Annexes INTERNATIONAL PRELIMINARY REPORT ON PATENTABILITY Modified Date: 01 November 2012 International Application No. PCT/SG2012/XXXXXX The invention defined in the claims is considered to meet the requirements of Industrial Applicability under Article 33(4) of the PCT because it can be made by, or used in, industry. Form PCT/IPEA/409 (Box V) (July 2011) Effective Date: 01 November 2012
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