Response to Amendment
This communication is in response to the amendment filed on 4/27/2026. Claims 1-19 are pending. Because new grounds of rejection not necessitated by Applicant’s amendment are being made, another non-final Office Action is being issued.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-5, 7-9, and 11-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akieda et al (U.S. Pub. No. 2021/0389287, hereinafter “Akieda”) in view of Vuong et al (U.S. Pub. No. 2005/0054083, hereinafter “Vuong”) and Agilent (EP-2085775-A1, previously cited in Non-Final Rejection dated 11/7/2024).
Regarding Claim 1, Akieda teaches a sample separation network (Fig. 9), comprising: a server node (server PC 901); a plurality of client nodes communicatively coupled with the server node (client PCs 902 and 915); and a plurality of sample separation devices (LCs 910, 923, and 928) communicatively coupled with the server node and comprising a previously connected sample separation device and a newly connected sample separation device (it is noted that each of LCs 910, 923, and 928 would at some point have been newly connected to the system of Fig. 9, such that at least one of the plurality of LCs would be a previously connected sample separation device when another LC is newly connected), wherein each sample separation device is configured to perform a respective sample separation task comprising processing and separating a respective fluidic sample separately and independently from the other sample separation devices of the plurality of sample separation devices (paragraph [0087], the LC systems being apart from each other), and wherein: each sample separation device comprises an injector configured to inject a respective fluidic sample into a mobile phase (paragraphs [0002] and [0091], mobile phase; Fig. 9, liquid feeding devices 911, 924, 928 and sample dispensing mechanism 912, 925, and 930), a sample separation unit configured to receive the respective fluidic sample injected into the mobile phase and separate the fluidic sample (Fig. 9, separation columns 913, 926, and 931), and a detector configured to detect fractions of the respective fluidic sample separated by the sample separation unit (Fig. 9, detectors 914, 927, and 932).
Akieda does not specifically teach device-specific control software configured to control the respective sample separation device to perform the sample separation task specific to the respective sample separation device; at least one of the server node or the client nodes comprises generic control software configured for generically controlling the sample separation devices in a non-device-specific way; and at least one of the server node, the client nodes, or the newly connected sample separation device is configured for loading the device-specific control software to at least one of the server node or the client nodes upon connection of the newly connected sample separation device to the sample separation network. However, Vuong teaches device-specific control software configured to control the respective sample separation device to perform the sample separation task specific to the respective sample separation device (paragraph [0051], driving code for each module, which is equated to device-specific control software, provides “plug and play” capability); at least one of the server node or the client nodes comprises generic control software configured for generically controlling the sample separation devices in a non-device-specific way (computer/system controller 165 runs a control program, which is equated to the generic control software, see paragraphs [0087] and [0088]); and at least one of the server node, the client nodes, or the newly connected sample separation device is configured for loading the device-specific control software to at least one of the server node or the client nodes upon connection of the newly connected sample separation device to the sample separation network (paragraph [0051], the program references the driving code for each module on insertion so as to provide “plug and play” capability). It would have been obvious to one skilled in the art before the effective filing date of the invention to include the plug and play functionality described in Vuong in the multiple LC system of Akieda, in order to allow new measurement modules to be incorporated into the system with high versatility and flexibility, depending on the needed functionalities (see Vuong, paragraph [0069]).
Akieda in view of Vuong does not specifically teach each sample separation device comprises device-specific control software configured to control the respective sample separation device to perform the sample separation task specific to the respective sample separation device; and at least one of the server node and the client nodes and the newly connected sample separation device is configured for loading the device-specific control software from the newly connected sample separation device…upon connection of the newly connected sample separation device to the sample separation network (emphasis added). However, Agilent teaches each sample separation device (hosted modules 304 and 309) comprises device-specific control software configured to control the respective sample separation device to perform the sample separation task specific to the respective sample separation device (paragraph [0037]); at least one of the server node and the client nodes and the newly connected sample separation device is configured for loading the device-specific control software from the newly connected sample separation device…upon connection of the newly connected sample separation device to the sample separation network (paragraphs [0037], [0049], and [0057], whenever a new hosted module is connected, the new hosted module is recognized). It would have been obvious to one skilled in the art before the effective filing date of the invention to load driver software from the newly connected device, as is taught in Agilent, in the system of Akieda and Vuong, in order to allow devices which are not related to a specific manufacturer of modules of an analysis system to be easily connected to a system (see Agilent, paragraph [0025]), and also because it has been held that rearranging parts of an invention involves only routine skill in the art (i.e., loading the driver software from the module, as taught in Agilent, rather than from some other location that is accessible to the controlling program, as is taught in paragraph [0088] of Vuong), see In re Japikse, 86 USPQ 70 C (CCPA 1950).
Regarding Claim 2, Akieda in view of Vuong and Agilent teaches everything that is claimed above with respect to Claim 1. Akieda does not specifically teach comprising at least one of the following: wherein the generic control software is incapable of controlling the sample separation devices in a device-specific manner; or wherein the generic control software is incapable of providing sample separation specific control commands to the sample separation devices (claim feature not given patentable weight due to “at least one of”). However, Vuong teaches comprising at least one of the following: wherein the generic control software is incapable of controlling the sample separation devices in a device-specific manner (paragraph [0051], before the driving code is referenced by the control program from the module, the control program is incapable of controlling the module in a device-specific manner). It would have been obvious to one skilled in the art before the effective filing date of the invention to include the plug and play functionality described in Vuong in the multiple LC system of Akieda, in order to allow new measurement modules to be incorporated into the system with high versatility and flexibility, depending on the needed functionalities (see Vuong, paragraph [0069]).
Regarding Claim 3, Akieda in view of Vuong and Agilent teaches everything that is claimed above with respect to Claim 1. Akieda does not specifically teach wherein the generic control software is incapable of controlling a respective one of the sample separation devices without the device-specific control software. However, Vuong teaches wherein the generic control software is incapable of controlling a respective one of the sample separation devices without the device-specific control software (paragraph [0051], before the driving code is referenced by the control program from the module, the control program is incapable of controlling the module in a device-specific manner). It would have been obvious to one skilled in the art before the effective filing date of the invention to include the plug and play functionality described in Vuong in the multiple LC system of Akieda, in order to allow new measurement modules to be incorporated into the system with high versatility and flexibility, depending on the needed functionalities (see Vuong, paragraph [0069]).
Regarding Claim 4, Akieda in view of Vuong and Agilent teaches everything that is claimed above with respect to Claim 1. Akieda does not specifically teach wherein the device-specific control software is configured for controlling any of the sample separation devices. However, Vuong teaches wherein the device-specific control software is configured for controlling any of the sample separation devices (paragraph [0051], the driving code is configured to control each module on insertion). It would have been obvious to one skilled in the art before the effective filing date of the invention to include the plug and play functionality described in Vuong in the multiple LC system of Akieda, in order to allow new measurement modules to be incorporated into the system with high versatility and flexibility, depending on the needed functionalities (see Vuong, paragraph [0069]).
Regarding Claim 5, Akieda in view of Vuong and Agilent teaches everything that is claimed above with respect to Claim 1. Akieda does not specifically teach wherein a part of the generic control software is installed on the server node and another part of the generic control software is installed on at least one of the client nodes. However, Akieda does teach server and client nodes (Fig. 9, server PC 901 and client PCs 902 and 915). Further, Agilent teaches wherein a part of the generic control software for a liquid chromatography device is installed on a server node, and another part of the generic control software is installed on a client node (paragraphs [0084] and [0089], the control device, which is equated to a server node, contains generic communications protocols, and the hosting devices, which are equated to client nodes, contain protocols for communicating with hosted devices). It would have been obvious to one skilled in the art before the effective filing date of the invention to include the device-specific and generic control software described in Agilent in the multiple LC system of Akieda, in order to allow devices which are not related to a specific manufacturer of modules of an analysis system to be easily connected to a system (see Agilent, paragraph [0025]).
Regarding Claim 7, Akieda in view of Vuong and Agilent teaches everything that is claimed above with respect to Claim 1. Akieda further teaches wherein the server node is configured for controlling the sample separation devices simultaneously (server PC 901, paragraphs [0087]-[0089]).
Regarding Claim 8, Akieda in view of Vuong and Agilent teaches everything that is claimed above with respect to Claim 1. Akieda does not specifically teach wherein the generic control software comprises a driver interface for driving the sample separation devices. However, Vuong teaches wherein the generic control software comprises a driver interface for driving the sample separation devices (paragraph [0051], driving code). It would have been obvious to one skilled in the art before the effective filing date of the invention to include the plug and play functionality described in Vuong in the multiple LC system of Akieda, in order to allow new measurement modules to be incorporated into the system with high versatility and flexibility, depending on the needed functionalities (see Vuong, paragraph [0069]).
Regarding Claim 9, Akieda in view of Vuong and Agilent teaches everything that is claimed above with respect to Claim 1. Akieda does not specifically teach wherein the at least one of the server node, the client nodes, or the newly connected sample separation device is configured for loading the device-specific control software from the newly connected sample separation device triggered by the event of connecting the newly connected sample separation device to the sample separation network without additional user intervention. However, Vuong teaches wherein the at least one of the server node, the client nodes, or the newly connected sample separation device is configured for loading the device-specific control software triggered by the event of connecting the newly connected sample separation device to the sample separation network without additional user intervention (paragraph [0051], on insertion). It would have been obvious to one skilled in the art before the effective filing date of the invention to include the plug and play functionality described in Vuong in the multiple LC system of Akieda, in order to allow new measurement modules to be incorporated into the system with high versatility and flexibility, depending on the needed functionalities (see Vuong, paragraph [0069]).
Akieda in view of Vuong does not specifically teach wherein the at least one of the server node, the client nodes, or the newly connected sample separation device is configured for loading the device-specific control software from the newly connected sample separation device (emphasis added). However, Agilent teaches wherein the at least one of the server node, the client nodes, or the newly connected sample separation device is configured for loading the device-specific control software from the newly connected sample separation device (paragraphs [0037], [0049], and [0057], hosted module stores a program for running the hosted module that is supplied to a hosting module; whenever a new hosted module is connected, the new hosted module is recognized). It would have been obvious to one skilled in the art before the effective filing date of the invention to load driver software from the newly connected device, as is taught in Agilent, in the system of Akieda and Vuong, in order to allow devices which are not related to a specific manufacturer of modules of an analysis system to be easily connected to a system (see Agilent, paragraph [0025]), and also because it has been held that rearranging parts of an invention involves only routine skill in the art (i.e., loading the driver software from the module, as taught in Agilent, rather than from some other location that is accessible to the controlling program, as is taught in paragraph [0088] of Vuong), see In re Japikse, 86 USPQ 70 C (CCPA 1950).
Regarding Claim 11, Akieda in view of Vuong and Agilent teaches everything that is claimed above with respect to Claim 1. Akieda does not specifically teach wherein the device-specific control software is configured for controlling the respective sample separation device to carry out a sample separation process of separating a fluidic sample. However, Akieda does teach separating a fluidic sample (paragraph [0002]). Further, Vuong teaches wherein the device-specific control software is configured for controlling the respective sample separation device to carry out a sample separation process of separating a fluidic sample (paragraphs [0051], [0069], and [0073]). It would have been obvious to one skilled in the art before the effective filing date of the invention to include the plug and play functionality described in Vuong in the multiple LC system of Akieda, in order to allow new measurement modules to be incorporated into the system with high versatility and flexibility, depending on the needed functionalities (see Vuong, paragraph [0069]).
Regarding Claim 12, Akieda in view of Vuong and Agilent teaches everything that is claimed above with respect to Claim 1. Akieda further teaches wherein at least one of the sample separation devices comprises a fluid drive configured to drive the mobile phase and the fluidic sample to be separated when injected in the mobile phase (paragraph [0002], liquid for a mobile phase is fed, i.e. driven, into a separation column).
Regarding Claim 13, Akieda in view of Vuong and Agilent teaches everything that is claimed above with respect to Claim 1. Akieda further teaches wherein at least one of the sample separation devices comprises at least one of the following features: the at least one of the sample separation devices is configured as a device selected from the group consisting of: a chromatography sample separation device; a liquid chromatography sample separation device (paragraph [0002]); a supercritical fluid chromatography sample separation device; and an electrophoresis device; or the at least one sample separation device comprises a fractionating unit configured to collect separated fractions of a fluidic sample (no patentable weight due to “or”).
Regarding Claim 14, Akieda teaches a method of operating a sample separation network, the method comprising: communicatively coupling a plurality of client nodes with a server node (Fig. 9, server PC and client PCs 902 and 915); communicatively coupling a plurality of sample separation devices with the server node (LCs 910, 923, and 928), the plurality of sample separation devices and comprising a previously connected sample separation device and a newly connected sample separation device (it is noted that each of LCs 910, 923, and 928 would at some point have been newly connected to the system of Fig. 9, and at least one of the plurality of LCs would be a previously connected sample separation device when another LC is newly connected), wherein: each sample separation device is configured to perform a respective sample separation task comprising processing and separating a respective fluidic sample separately and independently from the other sample separation devices of the plurality of sample separation devices (paragraph [0087], the LC systems being apart from each other); and each sample separation device comprises an injector configured to inject a respective fluidic sample into a mobile phase (paragraphs [0002] and [0091], mobile phase; Fig. 9, liquid feeding devices 911, 924, 928 and sample dispensing mechanism 912, 925, and 930), a sample separation unit configured to receive the respective fluidic sample injected into the mobile phase and separate the fluidic sample (Fig. 9, separation columns 913, 926, and 931), and a detector configured to detect fractions of the respective fluidic sample separated by the sample separation unit (Fig. 9, detectors 914, 927, and 932).
Akieda does not specifically teach providing each sample separation device with device-specific control software configured to control the respective sample separation device to perform the sample separation task specific to the respective sample separation device; providing at least one of the server node or the client nodes with generic control software configured for generically controlling the sample separation devices in a non-device-specific way; and loading the device-specific control software to at least one of the server node or the client nodes upon connection of the newly connected sample separation device to the sample separation network. However, Vuong teaches providing each sample separation device with device-specific control software configured to control the respective sample separation device to perform the sample separation task specific to the respective sample separation device (paragraph [0051], driving code for each module, which is equated to device-specific control software, provides “plug and play” capability); providing at least one of the server node or the client nodes with generic control software configured for generically controlling the sample separation devices in a non-device-specific way (computer/system controller 165 runs a control program, which is equated to the generic control software, see paragraphs [0087] and [0088]); and loading the device-specific control software to at least one of the server node or the client nodes upon connection of the newly connected sample separation device to the sample separation network (paragraph [0051], the program references the driving code for each module on insertion so as to provide “plug and play” capability). It would have been obvious to one skilled in the art before the effective filing date of the invention to include the plug and play functionality described in Vuong in the multiple LC system of Akieda, in order to allow new measurement modules to be incorporated into the system with high versatility and flexibility, depending on the needed functionalities (see Vuong, paragraph [0069]).
Akieda in view of Vuong does not specifically teach loading the device-specific control software…from the newly connected sample separation device upon connection of the newly connected sample separation device to the sample separation network (emphasis added). However, Agilent teaches loading the device-specific control software…from the newly connected sample separation device upon connection of the newly connected sample separation device to the sample separation network (paragraphs [0037], [0049], and [0057], hosted module stores a program for running the hosted module that is supplied to a hosting module; whenever a new hosted module is connected, the new hosted module is recognized). It would have been obvious to one skilled in the art before the effective filing date of the invention to load driver software from the newly connected device, as is taught in Agilent, in the system of Akieda and Vuong, in order to allow devices which are not related to a specific manufacturer of modules of an analysis system to be easily connected to a system (see Agilent, paragraph [0025]), and also because it has been held that rearranging parts of an invention involves only routine skill in the art (i.e., loading the driver software from the module, as taught in Agilent, rather than from some other location that is accessible to the controlling program, as is taught in paragraph [0088] of Vuong), see In re Japikse, 86 USPQ 70 C (CCPA 1950).
Regarding Claim 15, Akieda in view of Vuong and Agilent teaches everything that is claimed above with respect to Claim 14. Akieda does not specifically teach wherein the method comprises loading the device-specific control software and subsequently operating the newly connected sample separation device in terms of separating a fluidic sample without previously updating the server node and/or the plurality of client nodes in accordance with the device-specific control software of the sample separation device connected to the sample separation network. However, Vuong teaches wherein the method comprises loading the device-specific control software and subsequently operating the newly connected sample separation device in terms of separating a fluidic sample without previously updating the server node and/or the plurality of client nodes in accordance with the device-specific control software of the sample separation device connected to the sample separation network (paragraphs [0051], driving code for module is referenced upon insertion to provide plug and play capability, see also paragraphs [0069] and [0073]). It would have been obvious to one skilled in the art before the effective filing date of the invention to include the plug and play functionality described in Vuong in the multiple LC system of Akieda, in order to allow new measurement modules to be incorporated into the system with high versatility and flexibility, depending on the needed functionalities (see Vuong, paragraph [0069]).
Regarding Claim 16, Akieda in view of Vuong and Agilent teaches everything that is claimed above with respect to Claim 14. Akieda does not specifically teach wherein the method comprises controlling the newly connected sample separation device after its connection to the sample separation network by at least one of the server node and the client nodes without previously carrying out a software update either on the server node or on the client nodes after said connecting. However, Vuong teaches wherein the method comprises controlling the newly connected sample separation device after its connection to the sample separation network by at least one of the server node and the client nodes without previously carrying out a software update either on the server node or on the client nodes after said connecting (paragraphs [0051], driving code for module is referenced upon insertion to provide plug and play capability, see also paragraphs [0069] and [0073]). It would have been obvious to one skilled in the art before the effective filing date of the invention to include the plug and play functionality described in Vuong in the multiple LC system of Akieda, in order to allow new measurement modules to be incorporated into the system with high versatility and flexibility, depending on the needed functionalities (see Vuong, paragraph [0069]).
Regarding Claim 17, Akieda in view of Vuong and Agilent teaches everything that is claimed above with respect to Claim 14. Akieda does not specifically teach wherein the method comprises controlling a respective sample separation device to carry out a sample separation process of separating a fluidic sample using said device-specific control software. However, Akieda does teach carryout out sample separation processes (Fig. 9) Further, Vuong teaches wherein the method comprises controlling a respective sample separation device to carry out a sample separation process of separating a fluidic sample using said device-specific control software (paragraphs [0051], driving code for module is referenced upon insertion to provide plug and play capability, see also paragraphs [0069] and [0073]). It would have been obvious to one skilled in the art before the effective filing date of the invention to include the plug and play functionality described in Vuong in the multiple LC system of Akieda, in order to allow new measurement modules to be incorporated into the system with high versatility and flexibility, depending on the needed functionalities (see Vuong, paragraph [0069]).
Regarding Claim 18, Akieda in view of Vuong and Agilent teaches everything that is claimed above with respect to Claim 14. Akieda does not specifically teach wherein neither the server node nor the client nodes stores the device-specific control software for specifically controlling a respective sample separation device before connecting the respective sample separation device to the network. However, Vuong teaches wherein neither the server node nor the client nodes stores the device-specific control software for specifically controlling a respective sample separation device before connecting the respective sample separation device to the network (paragraphs [0051], driving code for module is referenced upon insertion to provide plug and play capability, see also paragraphs [0069], [0073], and [0088]). It would have been obvious to one skilled in the art before the effective filing date of the invention to include the plug and play functionality described in Vuong in the multiple LC system of Akieda, in order to allow new measurement modules to be incorporated into the system with high versatility and flexibility, depending on the needed functionalities (see Vuong, paragraph [0069]).
Regarding Claim 19, Akieda in view of Vuong and Agilent teaches everything that is claimed above with respect to Claim 14. Akieda further teaches a non-transitory computer-readable medium with instructions stored thereon, that when executed by a processor, control the steps of the method of claim 14 (Fig. 9, server PC and client PCs 902 and 915).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akieda in view of Vuong, Agilent, and Hyckenberg et al (U.S. Pub. No. 2020/0381112, hereinafter “Hyckenberg”).
Regarding Claim 6, Akieda in view of Vuong and Agilent teaches everything that is claimed above with respect to Claim 1. Akieda discloses the claimed invention except for wherein the client nodes are communicatively coupled with the sample separation devices only indirectly via the server node. However, Akieda does teach client nodes, sample separation devices, and a server node that are communicatively coupled to one another (Fig. 9). Further, Hyckenberg teaches in Fig. 1 a plurality of chromatography instruments 3 that are controlled by clients 9 via a server 5 (i.e., the clients communicate with the devices via the server). it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to include communication via the server, as is taught in Hyckenberg, in the system of Akieda, in order to provide a central monitoring point, and in order to know about failures as soon as possible in a large installation (see Hyckenberg, paragraphs [0002]-[0003])
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akieda in view of Vuong, Agilent, and Osaka et al (U.S. Pub. No. 2003/0229475A1, hereinafter “Osaka”, cited on Applicant’s IDS dated 9/16/2022).
Regarding Claim 10, Akieda in view of Vuong and Agilent teaches everything that is claimed above with respect to Claim 1. Akieda does not teach wherein the generic control software comprises a browser. However, Osaka teaches controlling analyzing apparatuses via a browser in paragraphs [0049], [0053], [0056], [0065], and [0073]. It would have been obvious to one skilled in the art before the effective filing date of the invention to include a browser, such as is taught in Osaka, in the system of Akieda, because a browser can be used to retrieve information regarding various apparatuses (see Osaka, paragraph [0049]).
Response to Arguments
Applicant's arguments filed 4/27/2026, on pages 13-17, regarding the 103 rejections of independent Claims 1 and 14 over the Akieda and Vuong reference have been fully considered and found persuasive. Therefore, the previous rejections are withdrawn. However, new grounds of rejection are made above based on the Agilent reference.
Regarding the 103 rejection of dependent Claims 2, Applicant argues on pages 18-20 that Vuong does not teach “wherein the generic control software is incapable of controlling the sample separation devices in a device-specific manner”. The Examiner disagrees. The generic control software is equated to the controlling program of Vuong, which does not initially include the code necessary to communicate with or operate a specific module in a device-specific manner, because that module-specific code is in a different location (e.g. a hard disk file), and is not part of the controlling program until the specific module is inserted and the module-specific code is referenced (see paragraphs [0087]-[0088]).
Regarding the 103 rejections of dependent Claim 3, Applicant argues on pages 20-21 that Vuong does not teach “wherein the generic control software is incapable of controlling a respective one of the sample separation devices, without the device-specific control software”. The Examiner disagrees. The generic control software is equated to the controlling program of Vuong, which does not initially include any device-specific control software, because that module-specific code is in a different location (e.g. a hard disk file), and is not part of the controlling program until the specific module is inserted and the module-specific code is referenced (see paragraphs [0087]-[0088]). The controlling program of Vuong is incapable of controlling a module until the module-specific code is referenced.
Regarding the 103 rejection of Claim 9, Applicant argues on page 21 that Vuong does not teach “loading the device-specific control software from the newly connected sample separation device”. The Examiner agrees. However, new grounds of rejection are provided above in light of the Agilent reference.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CYNTHIA L DAVIS whose telephone number is (571)272-1599. The examiner can normally be reached Monday-Friday, 7am to 3pm.
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/CYNTHIA L DAVIS/Examiner, Art Unit 2857
/SHELBY A TURNER/Supervisory Patent Examiner, Art Unit 2857
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