Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 14 is objected to because of the following informalities: “associated” in line 2 should be deleted to make the claim more clear that the collected magnetic particles is referring to the magnetic particles collected in the collecting step recited in claim 13. Appropriate correction is required.
Similarly, with claim 20, “associated” in line 2 should be deleted as it would be more clear for the reason mentioned above.
Claim 16 is objected to because of the following informalities: claim 16 should provide more sufficient antecedent basis for the limitation “sealed container” in line 2 of claim 16. A clearer antecedent basis can be provided, for example, by amending claim 1 to replace “a septum employed to seal a container” with –a septum of a sealed container--.
To elaborate, claim 16 recites “said septum of the sealed container”. Examiner understands that “the sealed container” refers to the container in line 10 of claim 1, which recites “a septum employed to seal a container”. Examiner notes that the claim includes two containers. One container is the sealed container (i.e., sealed by a septum) recited in claim 10, line 10, and claim 16, line 2, to which magnetic particles will be transferred, and another container is the container recited in claims 13 and claim 15, from which magnetic particles are collected. Therefore, it would be more clear to provide more sufficient antecedent basis for “sealed container” in claim 16, using language such as suggested above, or the like.
Claim Rejections - 35 USC § 112
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.
Claim 10 is 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.
Claim 10 recites “wherein said magnetic shielding material comprises one or more of a ferromagnetic metal and a ferromagnetic alloy” (emphasis added). It is unclear if claim 10 requires ferrogmagnetic metal or ferromagnetic alloy, or whether it requires both ferromagnetic metal and ferromagnetic alloy, or whether it requires ferromagnetic metal, ferromagnetic alloy, or a combination thereof. It appears that the last alternative above was intended by Applicant, and Examiner advises that incorporating such language would overcome this rejection.
Allowable Subject Matter
Claims 1-9 and 11-20 are allowed.
Claim 10 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter. It was not found in the prior art search a teaching or suggestion for a device or method of using a device, wherein the device comprises:
a needle comprising a hollow housing, and
an electromagnet comprising an electromagnetic coil and a metal core,
at least a portion of said metal core extending through said hollow housing of the needle and configured to transition between an extended position in which the distal end of the metal core extends beyond the distal end of the needle’s hollow housing and a retracted position in which the distal end of the metal core is positioned within the needle’s housing,
wherein an activation of said electromagnetic coil magnetizes the metal core, and
wherein a distal end of said needle housing is shaped and sized so as to allow its penetration through a septum employed to seal a container.
Applicant’s arguments filed 2/2/26 is found to be persuasive.
Moreover, Examiner notes that close prior art, such as the prior art mentioned below, does not teach or suggest a magnetizable core that retracts or extends in relation to a sleeve/needle wherein the sleeve/needle is sized and shaped so as to allow its penetration through a septum [i.e., is capable of piercing a septum].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 7,309,316 (cited in IDS of 8/11/26). This reference teaches an apparatus and method for performing biopsies in-vivo using magnetically labeled nanoparticles. The apparatus is a magnetic needle. When used in a biopsy, it collects cancer cells in-vivo which have been tagged with magnetic nanoparticles coated with antibodies for specific cancer or tumor cells. See abstract.
Claim 1 of this reference recites: “placing a magnetizable rod through the cannulae and into the biopsy site such that the end of the magnetizable rod partially extends past the cannulae and into the biopsy site to collect superparamagnetic nanoparticle/diseased cell complexes directly form the biopsy site when the rod is magnetized; magnetizing the rod; removing from the cannulae the magnetized rod with the superparamagnetic nanoparticles/diseased cell complexes magnetically attached to the rod; and obtaining the biopsy sample enriched for diseased cells from the patient.”
However, nowhere does the disclosure teach that the needle housing is shaped and sized so as to allow its penetration through a septum [interpreted to mean that the needle is configured to penetrate, i.e., is capable of penetrating, a septum]. Moreover, providing the needle in the shape and size such that it is capable of penetrating a septum appears to teach away from the teaching of the needle as a biopsy needle meant to attract magnetically labeled materials, since a needle that can pierce a septum would unintentionally pierce biological tissue during a biopsy.
US 20040166502 (cited in IDS of 8/11/26).
This invention relates to molecule transfer. The invention provides a microelectromagnetic dispenser head, which head comprises: a core comprising a magnetizable substance, said core surrounded by a microcoil suitable for transmitting electrical current and generating a magnetic field via said magnetizable substance and said core having a tip suitable for attracting a magnetic or magnetically labeled moiety; and preferably further comprising one or both of the following: i) a shell that substantially shields magnetic field, generated via said microcoil, from the non-tip portion of said core; and/or ii) a cooling means for cooling said tip. Microelectromagnetic dispensers comprising the heads and methods for transferring moieties using the heads and the microelectromagnetic dispensers are also provided. See abstract.
The tip is in a sharp shape, e.g., needle, cylinder or circular cone, etc. The tip can have any suitable dimension comparable to the magnetic or magnetically labeled moiety to be attracted. For example, the tip can have a diameter ranging from about 100 to about 0.5 microns. Para. 0058.
Examiner notes that the tip is sharp enough to pierce a septum. However, this reference does not teach retracting or extending the magnetizable core or tip.
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/Ann Montgomery/ Primary Examiner, Art Unit 1678
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