DETAILED ACTION
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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Germany on 8/20/2021. It is noted, however, that applicant has not filed a certified copy of the DE102021121631.1 application as required by 37 CFR 1.55.
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 9 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 9 recites the limitation, “a method of mixing a liquid” in line 1. It is unclear whether “a liquid of claim 9 is the same or different as “a liquid” as recited in claim 8, line 9, upon which claim 9 includes or depends. As such the claim is indefinite for failing to distinctly claim the invention.
Claim 9 recites the limitation, “a liquid” in line 3. It is unclear whether “a liquid of claim 9, line 2 is the same or different as “a liquid” as recited in claim 8, line 9, upon which claim 9 includes or depends and/or the same or different as “a liquid” as recited in line 1 of the claim. As such the claim is indefinite for failing to distinctly claim the invention.
Claim 9 recites the limitation, “an acoustic wave” in line 4. It is unclear whether “an acoustic wave of claim 9 is the same or different as “an acoustic wave” as recited in claim 8, line 5, upon which claim 9 includes or depends. As such the claim is indefinite for failing to distinctly claim the invention.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 8, 9, 12, 13, 14, 19 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Witt et al. (DE102013218818A1) (with line reference to machine translation).
Regarding claim 8, Witt et al. discloses a liquid chromatography system (abstract) comprising a mixing assembly for mixing a fluid (abstract; figure 2), wherein the mixing assembly comprises:
a fluid accommodation portion configured to accommodate the fluid (figure 2, pumping chamber 220),
a wave source, wherein the wave source is configured to generate an acoustic wave (page 4, lines 32-34 (vibrating sonicator produces wave); page 9, lines 42-43),
wherein the mixing assembly is configured to inject at least part of the acoustic wave into the fluid accommodated in the fluid accommodation portion to thereby cause mixing of the fluid in the fluid accommodation portion (page 4, lines 32-34 (active mixing element, which is in the fluid accommodation portion that causes mixing of the fluid, comprises vibrator that produces a wave and therefore is capable to inject at least part of acoustic wave into fluid in fluid accommodation part for mixing); page 9, lines 42-43);
wherein the fluid is a liquid (page 1), and wherein the mixing assembly is configured for mixing the liquid in the liquid chromatography system (abstract), and wherein the liquid chromatography system comprises a pump and wherein the pump comprises the fluid accommodation portion (figure 2, pump 200 has pumping chamber 220).
Regarding claim 9, Witt et al. discloses a method of mixing a liquid, wherein the method comprises providing a liquid chromatography system according to claim 8 (abstract; figure 2; see rejection to claim 8 above), providing a liquid into the liquid accommodation portion (figure 2, inlet 210; page 1), the wave source generating an acoustic wave (page 4, lines 32-34 (vibrating sonicator produces wave); page 9, lines 42-43), injecting at least a part of the acoustic wave into the liquid accommodated in the liquid accommodation portion and thereby mixing the liquid in the liquid accommodation portion (page 4, lines 32-34 (active mixing element, which is in the fluid accommodation portion that causes mixing of the fluid, comprises vibrator that produces a wave and therefore injects at least part of acoustic wave into fluid in fluid accommodation part for mixing); page 9, lines 42-43).
Regarding claim 12, Witt et al. discloses wherein the fluid accommodation portion forms a high-pressure chamber, configured to withstand pressures exceeding 100 bar (page 4, lines 42-45).
Regarding claim 13, Witt et al. discloses wherein the fluid accommodation portion forms a high-pressure chamber, configured to withstand pressures exceeding 500 bar (page 4, lines 42-45).
Regarding claim 14, Witt et al. discloses wherein the fluid accommodation portion forms a high-pressure chamber, configured to withstand pressures exceeding 1000 bar (page 4, lines 42-45).
Regarding claim 19, Witt et al. discloses wherein the liquid chromatography system is a high-performance liquid chromatography system or an ion chromatography system (title; abstract; page 1).
Regarding claim 21, Witt et al. discloses wherein the fluid accommodation portion forms a piston chamber of the pump (figure 2, pump 200 with pumping chamber 220 and reciprocating element 230; page 4, lines 47-56); wherein the acoustic wave is configured to excite a component of the pump to vibrate, wherein the component is inside the piston chamber in direct contact with the fluid and mechanical deflection of this component mixes the fluid by its vibration (vibrate mixing element which is inside piston chamber and in direct contact with fluid and causes mixing of the fluid; comprises vibrator that produces a wave and therefore is capable to inject at least part of acoustic wave into fluid in fluid accommodation part for mixing); page 9, lines 42-43).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 11 and 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Witt et al. in view of Brink (WO0010011A1) (with line reference to machine translation).
Regarding claims 11 and 15-18, Witt et al. discloses all the limitations as set forth above. Witt et al. further discloses wherein the fluid accommodation part is configured as a fluid-tight container having at least one opening (figure 2, pump 200 is fluid tight container 220 with inlet 210), wherein the fluid accommodation portion comprises a solid section (figure 2, right end section of chamber 220 with mixer 280 at end wall) and wherein the wave source is disposed on the solid section to inject at least part of the acoustic wave into the fluid via the solid section (page 4, lines 32-34 (active mixing element, which is part of solid section, comprises vibrator that produces a wave and therefore is capable to inject at least part of acoustic wave into fluid in fluid accommodation part for mixing); page 9, lines 42-43), wherein the fluid is in contact with the inner surface (figure 2, chamber 220 with fluid in contact with inner surface of chamber 220), wherein the fluid accommodation portion comprises a wall which is defined by the inner surface and an outer surface (figure 2, wall of chamber 220). While the reference discloses the wave source comprises a transducer (page 9, lines 42-43), Witt et al. is silent as to the specific details of the wave source.
Brink teaches another fluid mixing assembly using a wave source for mixing (abstract; figure 3, piezoelectric substrate 21 and electrodes 24; page 2, lines 9-12; page 2, lines 54-58; page 3, lines 25-29).
Brink discloses wherein the wave source is configured to generate the acoustic wave with a power in the range of 10 μW to 10 W (figure 3, piezoelectric substrate 21 and electrodes 24; page 2, lines 36-37);
wherein the wave source comprises a transducer configured to convert an electrical signal into an acoustic wave (figure 3, piezoelectric substrate 21 and electrodes 24; pages 102, lines 56-4; page 3, lines 25-29),
wherein the wave source comprises a piezoelectric substrate (figure 3, piezoelectric substrate 21)
wherein the piezoelectric substrate has the form of a chip (figure 3, piezoelectric substrate 21 and electrodes 24),
wherein the transducer comprises an electrically conducting structure which is disposed on the piezoelectric substrate (figure 3, electrodes 24; page 3, lines 25-29),
wherein the electrically conducting structure is configured to receive an electrical signal (figure 3, electrodes 24; page 3, lines 25-29),
wherein the transducer is configured to induce a mechanical displacement of the piezoelectric substrate based on the received electrical signal (figure 3, electrodes 24; page 3, lines 25-29),
wherein the transducer has at least one resonant vibration mode which is excitable by the electrical signal and wherein the transducer is configured to generate a sound wave when the transducer is excited resonantly on the basis of the electrical signal (figure 3, electrodes 24; page 2, lines 54-58; page 3, lines 25-29),
wherein the transducer is configured to generate an acoustic wave (AW) (figure 3, electrodes 24; page 2, lines 54-58; page 3, lines 25-29),
wherein the fluid accommodation portion is removably disposed on the surface of the chip (figure 3, surface 23),
wherein a coupling layer is disposed between the fluid accommodation portion and the surface of the chip, and wherein the coupling layer is configured to increase the matching of an acoustic impedance of the transducer and a further acoustic impedance of the fluid accommodation portion to acoustically couple the transducer and the fluid accommodation portion, and wherein the surface acoustic wave is refracted into the fluid accommodation portion via the coupling layer (figure 3, substrate 22);
wherein the acoustic wave is an ultrasound wave (page 1, lines 52-57; page 2, lines 28-44);
wherein the fluid accommodation portion is configured as a fluid-tight container having at least one opening (figure 3, #23 with opening at top),
wherein the fluid accommodation portion comprises a solid section (figure 3, #23 bottom wall) and wherein the wave source is disposed on the solid section to inject at least part of the acoustic wave into the fluid via the solid section (figure 3, piezoelectric substrate 21),
wherein the fluid is in contact with the inner surface and the wave source is disposed on an outer surface of the solid section (figure 3, piezoelectric substrate 21 and cuvette 23),
wherein the fluid accommodation portion comprises a wall which is defined by the inner surface and an outer surface (figure 3, bottom wall of cuvette 23),
wherein the mixing assembly comprises a transmission material which is disposed between the wave source and the wall, wherein the transmission material is configured to transmit at least a part of the wave to the wall (figure 3, #22; pages 1-2, lines 56-4).
Brink teaches mixing by means of ultrasound that can be applies to several possibilities of micro or macro flow systems and the use of surface acoustic waves for mixing that can be generated in piezoelectric materials via electrodes for liquid movement and mixture close to the surface that may also be coupled into the liquid in various ways (Brink page 1, lines 49-54; page 2, lines 39-58). It would have been obvious to one of ordinary skill in the art before the time of filing to provide the parts of the acoustic wave generator, including piezoelectric substrate chip, electrically conducting structure and coupling layer of Brink on the fluid accommodation portion of Witt et al. One of ordinary skill in the art would reasonably expect such a combination to be suitable given that both references teach fluid mixing assemblies using a wave source for mixing. One of ordinary skill in the art would be motivated to provide all the foregoing parts of the wave generator, as those are well known parts that make up a wave generator as is well known in the art before the time of filing, as evidenced by Brink, and because it would provide an efficient mixing of the fluid in the chamber.
Claim(s) 17 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Witt et al. in view of Laugharn, Jr. et al. (U.S. Patent No. 9,126,177).
Regarding claims 17 and 20, Witt et al. discloses all the limitations as set forth above. However, Witt et al. is silent as to the wavelength and acoustic wave pulses.
Laugharn, Jr. et al. teaches another system for applying acoustic waves to fluid mixing systems that may be used in liquid chromatography (abstract; column 14, lines 59-65; column 28, lines 2-14; columns 28-29, lines 63-19). Laugharn, Jr. et al. teaches wherein the acoustic wave is an ultrasound wave (columns 12-13, lines 50-7); and wherein the wave source is configured to generate acoustic wave pulses (column 13, lines 8-15; column 14, lines 59-65); and wherein the acoustic wave pulses are capable to be synchronized with a motion of the pump (column 17, lines 35-61; column 29, lines 22-28).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the wave source to have the wavelength as recited and generate acoustic wave pulses that are synchronized with a motion of piston of Witt et al., as taught by Laugharn, Jr. et al. One of ordinary skill in the art would reasonably expect such a combination to be suitable given that both references teach fluid mixing assemblies using a wave source for mixing that may be applied to chromatography. One of ordinary skill in the art would be motivated to do the foregoing in order to better control the energy transfer into the sample for better mixing and to control and enhance the flow rate of the fluid without significant cost in energy (Laugharn, Jr. et al. column 14, lines 59-65; column 29, lines 22-28).
Response to Arguments
Applicant’s arguments with respect to claim(s) 8 and 9 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
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH INSLER whose telephone number is (571)270-0492. The examiner can normally be reached Monday-Friday 9:00am-5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire X Wang can be reached at 571-270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ELIZABETH INSLER/Primary Examiner, Art Unit 1774
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