DETAILED ACTION
Claim Rejections - 35 USC § 112
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 60-71 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 60, line 9, “one or more compartments” is not clear. There is no recitation of the cartridge including compartments. On line13, “engaged with interface” is not clear. On line 25, “wherein detection comprises” is not clear. Applicant claims “a detector”, not a step of detection. To clarify, the examiner recommends the following changes to claim 60:
60. (Currently Amended) A system comprising:
a) an instrument comprising a cartridge interface configured to engage a cartridge; wherein the instrument comprises:
i) a source of non-polar, organic solvent to extract THC reversibly bound to a phase transfer assembly;
ii) a port in the cartridge interface connected to the source of non-polar, organic solvent that engages a solvent transfer port in the cartridge; and
iii) one or more pumps, which pumps provide positive and/or negative pressure to one or more compartments in the cartridge;
b) a cartridge engaged with the cartridge interface, wherein the cartridge comprises:
i) one or more compartments;
ii) a sample collector port configured to engage a sample collector;
iii) a solvent transfer interface port engaged with the cartridge interface;
iv) a product port; and
1) a filter layer comprising media configured to filter out particles;
2) a desiccant layer comprising media that adsorbs water, and
3) a phase transfer layer comprising media, wherein the media is reversibly bound to tetrahydrocannabinol (THC);
wherein the sample collector port and the solvent transfer interface port communicate with a port at a first end of the phase transfer assembly, and the product port communicates with a port at a second end of the phase transfer assembly; and
c) a detector communicating with the product port to detect THC eluted from the cartridge, wherein the detector uses thin layer chromatography.
In claim 67, “sand and quartz sand” is unclear, as these items appear to overlap. Examiner suggests the following language from [0025]:
67. (Currently Amended) The system of claim 60, wherein the filter layer comprises inert beads comprising polystyrene, quartz, alumina or silica
Claims 70-71 are clear, but amendments are suggested:
70. (Currently Amended) The system of claim 60, wherein the filter layer comprises first and second layers, wherein the first filter layer comprises particles having larger diameters than particles of the second layer.
71. (Currently Amended) The system of claim 60, wherein the cartridge further comprises a liquid sample comprising THC.
Allowable Subject Matter
Claims 60-71 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Applicant’s arguments, filed 06 October 2025, with respect to the art rejection(s) of claim(s) have been fully considered and are persuasive, as they apply to new claims 60-71. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made under 35 USC 112(b).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/JILL A WARDEN/Supervisory Patent Examiner, Art Unit 1798