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 6 is objected to because of the following informalities: in line 2, “valves” should be –valve--. Appropriate correction is required.
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 18-19 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; Examiner also notes that the limitation of “valve positions” does not specify what the positions are and thus encompass any various positions during movement of a valve part]
and (b) a controller to set the position of the multi-directional valves,
[see para. 26 disclosing a nesting station and 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; see also para. 0030 disclosing valve stem that twists; see also para. 0031 disclosing a turning knob to close a valve]
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. For example, given 4 valves, each in their open positions, there would be 2 flowpaths that are independent of each other in that the flowpaths do intersect. Also, with 4 valves, each in their open positions, there would be 2 flowpaths that are independent in that the flowpaths do not pass through the same valve].
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 claims 6 and 19, each or at least one multi-directional valves are 6-way valves.
See paragraph 0040 disclosing that manifold 200 is designed as a multi-directional flow station.
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 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 each divert valve can provide for flowpaths in multiple directions. A divert valve 350, or alternatively a divert valve and nesting station, shown in Figure 3, for example, can provide for flowpaths in at least 6 directions or more [between the divert valve 350 and any other divert valve or input valve 400], which thus meets Applicant’s limitation of a 6-way valve.
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 filed 6/24/26 have been fully considered but they are not persuasive.
Applicant argues that Pandori describes a fluidic network having a ‘bus topology’, with bidirectional valves controlling fluid flow along the branches of the network, in which all the branches connect to a common backbone via individual nodes. Applicant asserts that this means any flow path between branches must pass through the same backbone, and so the flow paths cannot be independent of each other. Applicant further asserts that the present invention requires that there are at least two independent flow paths between a pair of ports within the manifold which cannot be achieved using a fluidic network having a ‘bus topology’. Some valves will have three or more positions (i.e., are not bidirectional), and the additional connectivity creates at least two fully independent flow paths between ports. Applicant discloses examples with configurations of a ring, mesh and a fully connected embodiment.
Applicant argues that Pandor does not disclose that each multi-directional valve has three or more valve positions, wherein the manifold is configured to provide at least two independent flow paths between a pair of ports within the manifold and is configured to provide a flow path between at least two of the three or more valve positions.
Applicant asserts that the Pandori valves are not multi-directional valves having three or more valve positions, but instead each divert valve merely permits or prevents liquid flow through any given tube of the manifold. The flow path combinations of Pandor arise simply from having multiple tubes in the manifold, where each tube can be independently opened and closed using the divert valves to allow selective filling of different sample pouches. Applicant states that these flow paths do not arise from a multi-directional valve being used at different valve positions, but rather arise from different combinations of bi-directional valves being opened or closed. Applicant asserts that the present description makes clear that independent flow paths are exclusive (i.e., do not share their route); the description explains that “independent flow paths do not pass through the same valve” (see page 9, lines 31-32).
These arguments are not persuasive. Examiner notes that the limitation of “valve positions” does not specify what the positions are and thus encompass any various positions during movement of a valve part. Examiner also notes that a description that “independent flow paths do not pass through the same valve” is not the same as independent flow paths that are exclusive (i.e., do not share their route). In any case, for example, given 4 valves, each in their open positions, there would be 2 flowpaths that are independent of each other in that the flowpaths do intersect, i.e., do not share their route. Also, with 4 valves, each in their open positions, there would be 2 flowpaths that are independent in that the flowpaths do not pass through the same valve].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. These were references cited and used in the Written Opinion of the International Searching Authority.
WO 9920387 (Park). This reference teaches an array of liquid pathways and control bars inserted into channels and moved to open and close liquid pathways, obtaining independent liquid flow paths. (page 2, lines 15-25).
US 20110023971 (Rapp). This reference teaches controlling pathways in a plurality of microfluidic channels.
US 20070095413 (Zhu). This reference teaches a plurality of first valves logically arranged in an array, the first valves having a control port capable of enabling and disabling fluid flow through a first and second port. The system further includes a row control device connected in parallel to the control port of each first valve in a row of the first valves, and a second valve connected in parallel to one of the first port and second ports of each first valve in a column of the first valves. At least one of the plurality of first valves, row control device, and second valve provide one of a plurality of fluid flows of a fluidic medium through the first and second ports of each first valve in the array. See abstract.
The described systems and methods for controlling the flow of a fluidic medium can be used in a number of applications. Para. 0038.
Computer 102 includes logic for controlling the flow of a fluidic medium through a route structure defined by an interconnection of valves. This control is capable, for example, of controlling the positions of the pin-rods 112 by selectively controlling a plurality of valves, which may be housed within valve body 106. Para. 0043.
WO 0241988 (Wiegand). This reference teaches a common feed manifold and exhaust manifold, each valves that direct fluid flow through an array of vessels.
THIS ACTION IS MADE FINAL. 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.
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
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