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 1 is objected to because of the following informalities: in line 4, “teach” should be –each--. Appropriate correction is required.
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 6 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 6 recites “each/at least one multi-directional valves are 6-way valves.”
It is not clear whether the claim requires that each multi-directional valve is a 6-way valve, or whether the claim requires at least one is a 6-way valve.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-7 and 18 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by US 20070193375 (hereinafter “Pandori”).
Applicant’s claim 1 recites:
a fluid handling device comprising:
a fluid directing manifold comprising an array of interconnected multi-directional valves, and a plurality of ports in fluid connection with the array,
wherein teach multi-directional valve has three or more valve positions;
and (b) a controller to set the position of the multi-directional valves,
wherein the manifold is configured to provide at least two independent flow paths between a pair of ports within the manifold,
and wherein the manifold is configured to provide a flow path between at least two of the three or more valve positions.
Pandori discloses the following.
Embodiments of the invention are directed to a system for sampling sterile liquids in a pharmaceutical environment. The system can include a nesting station, the nesting station including one or more divert valves, a manifold, disposed partially within the nesting station, the manifold comprising one or more tubes, an input valve, coupled to the manifold, the valve being designed and dimensioned to control the flow of liquid into the manifold, and one or more sampling pouches, each sampling pouch coupled to one of the tubes. Each of the divert valves can be used to selectively control the flow of liquid from the manifold, into the sampling pouches. See abstract.
Regarding Applicant’s claim 1, Pandori discloses the claimed limitations as follows.
Pandor discloses a fluid handling device comprising:
a fluid directing manifold comprising an array of interconnected multi-directional valves,
[see para. 13 disclosing the “manifold is designed as a multi-directional flow station”]
[see para. 26 disclosing divert valves 350, positioned at, and being a part of, nesting station 300, that selectively control the flow of liquid out of the manifold 200, through tubes 204; thus, liquid samples can be selectively collected in sampling pouches 500]
[see fig. 3 disclosing a plurality of valves 350, which Examiner notes is equivalent to an array of multi-directional valves, since there are multiples of the valves in a row, and the manifold is disclosed as a “multi-direction flow station” (para. 26)]
and a plurality of ports in fluid connection with the array
[Examiner notes that each valve 350 is connected to a plurality of ports, as the valves are used to connect liquids flowing into the manifold 200 and out through tubes 204, which can be collected in sampling pouches 500 (see para. 26)],
wherein each multi-directional valve has three or more valve positions
[see para. 44 disclosing that nesting station 300 and divert valves 350 can be used in conjunction with a disposable internal element, such as a manifold 200; nesting station 300 and divert valves 350 can provide for multi-directional flow control, with a large number of flow path combinations]
[Examiner notes that it is understood that different valve positions are necessary to provide for this large number of flow path combinations]
and (b) a controller to set the position of the multi-directional valves,
[see para. 26 disclosing clamps; or see para. 29 disclosing levers to compress tube 204; Examiner notes that the clamps, or alternatively the levers, together are equivalent to the claimed controller]
wherein the manifold is configured to provide at least two independent flow paths between a pair of ports within the manifold,
[Examiner notes that the Pandori manifold provides at least two independent flow paths between ports within the manifold since it can allow for liquid to flow from the manifold [i.e., a port within the manifold through which fluid flows into the manifold (para. 26)] through divert valves 350 and into various sampling pouches 500 (para. 26)]
and wherein the manifold is configured to provide a flow path between at least two of the three or more valve positions
[see para. 44 disclosing that nesting station 300 and divert valves 350 can be used in conjunction with a disposable internal element, such as a manifold 200; nesting station 300 and divert valves 350 can provide for multi-directional flow control, with a large number of flow path combinations]
[Examiner notes that it is understood that different valve positions are necessary to provide for this large number of flow path combinations].
As to claim 2, at least one of the multi-directional valves (350) in the manifold is connected to at least three other multi-directional valves in the manifold (see fig. 3 for example).
As to claim 3, the manifold comprises at least four multi-directional valves (350) (see fig. 3).
As to claim 4, Applicant recites that the manifold has a partial mesh topology.
Applicant’s specification discloses in paragraph 0078 of the specification (of the US PreGrant Publication 20230149882):
“In a full mesh topology, each multi-directional valve in the manifold is a directly connected to all other multi-directional valves in the manifold. An example of a manifold with a full mesh topology is shown in FIG. 4. In such case, there are multiple flow paths between each port on the manifold.”
The Pandori valve system has a partial mesh topology, as the valves 350 may be used such that some of the valves 350 may be connected to other valves 350 (see para. 44).
As to claim 5, Applicant recites that the manifold has a non-hierarchical topology.
Applicant’s specification in paragraph 0085 discloses:
“Typically, the manifold does not have a hierarchical or tree topology. In a tree topology, a parent valve is connected to one or more child valves, and each child valve may be reclusively connected to one or more grandchild valves. A manifold with a tree topology is shown in FIG. 7.”
The Pandori valve system including the manifold has a non-hierarchical topology (see figures 3 and 4).
As to claim 6, each or at least one multi-directional valves are 6-way valves.
See paragraph 44 disclosing that nesting station 300 and divert valves 350 can be used in conjunction with a disposable internal element, such as a manifold 200n Nesting station 300 and divert valves 350 can provide for multi-directional flow control, with a large number of flow path combinations.
As to claim 7, the fluid handling device of claim 1, wherein the flow path through the manifold for a given fluid movement is not predetermined [since it can be changed, thus providing for multiple flow path combinations, see para. 0044].
As to claim 18, Applicant recites: “The fluid handling device of claim 1, which is a component of an automated chemical synthesis platform.”
Examiner notes that the automated chemical synthesis platform is not claimed and is not a required component of the claimed invention of the fluid handling device.
Rather, claim 18 is interpreted to mean that the fluid handling device is capable of being a component of an automated chemical synthesis platform. The Pandori fluid handling device is capable of being such a component, since it is capable of being attached to another platform (see for example paragraph 0026 disclosing that the fluid moving through the manifold can be selectively collected in sampling pouches).
Response to Arguments
Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ann Montgomery whose telephone number is (571)272-0894. The examiner can normally be reached Mon-Fri, 9-5:30 PM PST.
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/Ann Montgomery/Primary Examiner, Art Unit 1678