DETAILED ACTION
Examiner has received and accepted the amended claims and remarks filed on 14 November 2025. These amended claims and remarks are the claims and remarks being referred to in the instant Office Action.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 14 November 2025 has been entered.
Response to Arguments
Regarding Claims 1, 6, and 12, Applicant argues Huber fails to disclose liquid collector is a waste liquid collector. Examiner respectfully disagrees.
“[A]pparatus claims cover what a device is, not what a device does.” See MPEP 2114.II. Note: examiner acknowledges Claim 1 is a method claim, however the claim language at issue is a structural limitation.
There is no structural difference, as recited by the claim, between a “waste liquid collector” and a “liquid collector”. As Huber’s fraction collector is a liquid collector, it is inherently a waste liquid collector, thus meeting the instant claim limitations.
Applicant’s amendments have been addressed in the claim rejections below.
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.
Claims 2, 7, 11, 13, and 17 – 19 are 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.
Regarding Claims 2, 7, 11, and 13, the claims recite “a liquid inlet”. It is unclear as to if this inlet is the same as that recited in their respective independent claims or some other inlet, thus rendering the claims indefinite.
Regarding Claims 11 and 17, the claims recite “a multi-pot valve”. It is unclear as to if this multi-port valve the same as that recited in their respective independent claims or some other valve, thus rendering the claims indefinite.
Regarding Claims 11 and 17, the claims recite “a liquid discharge port”. It is unclear as to if this discharge port is the same as that recited in their respective independent claims or some other port, thus rendering the claims indefinite.
Claims dependent upon a rejected claim are therefore rejected as well.
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 – 4 and 6 - 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over by Huber et al., “Principles in preparative HPLC,” Agilent Technologies, Inc., Publication No. 5989-6639EN, 85 pages (April 2007), in view of Njamfa (US 2016/0069720).
Regarding Claim 1, Huber discloses a method for determining the volume of a pipeline in a liquid chromatography system (3.2.), the liquid chromatography system comprising a liquid chromatograph (HPLC) (3.1.) and a fraction collector connected thereto (Figure 15), the liquid chromatograph comprising a liquid chromatography detector (Detector) located therein (Figure 15), and the fraction collector comprising a fraction valve (Diverter valve), a collection needle (see needle between diverter valve and fraction collector) (Figure 15), and a first sensor (Fraction [d]elay sensor) (Figure 15), the first sensor provided on a flow path of the fraction collector leading to a waste liquid collector (e.g. to the fraction collector where a user inherently determines whether or not a substance is waste) (Figure 15), characterized in that the method comprises: inserting a detectable marker (dye) into a liquid flow of the liquid chromatograph (3.2.), wherein the marker is inserted into the liquid flow before the liquid chromatography detector (Figure 15); and by means of a time difference (T2-T1) between a first moment at which the liquid chromatography detector detects the marker and a second moment at which the first sensor detects the marker (3.2.), and the flow rate of the liquid flow (3.2.), determining the total volume of pipelines between the liquid chromatography detector and the first sensor (3.2.); wherein the fraction valve is a multi-port valve (see multiple ports in the Diverter valve) (Figure 15), which at least includes a liquid inlet connected to the liquid chromatography detector (left port), a liquid discharge port that is selectively in fluid communication with a flow path where the first sensor is located (bottom port), and a collection port (also bottom port) connected to the collection needle of the fraction collector (Figure 15).
Huber fails to expressly disclose the detectable marker is a bubble.
Njamfa teaches the detectable marker is a bubble [0049].
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to utilize the detectable marker being a bubble for the benefit of an improved flow meter, as Huber requires knowing the flow rate, that operates quickly, does not require diversion, does not interrupt the analytical process, directly measures the flow rate, and can be effectively used with very low flow rates, as taught by Njamfa [0028].
Regarding Claim 2, Huber discloses a pipeline between a liquid inlet of the fraction valve and the first sensor has a known predetermined volume (VD2 + VD3), wherein the method further comprises determining the volume (VD1) of a pipeline between the liquid inlet of the fraction valve and the liquid chromatography detector on the basis of the total volume and the predetermined volume (3.2.).
Regarding Claim 4 and 19, Huber discloses the liquid chromatograph further comprises a pump for pumping the liquid flow, and the flow rate of the liquid flow is the pump flow rate of the pump (3.4.).
Regarding Claim 6, Huber discloses a liquid chromatography system (HPLC) (3.1.), characterized in that the liquid chromatography system comprises: a liquid chromatograph comprising: a marker insertion device for inserting a detectable marker into a liquid flow of the liquid chromatograph (inherently present to provide the dye) (3.2.), and a liquid chromatography detector (Detector) located in the liquid chromatograph (3.2.); a fraction collector comprising: a fraction valve (Diverter valve) arranged after the liquid chromatograph along a flow path direction (Figure 15), a first sensor (Fraction [d]elay sensor) arranged after the fraction valve along the flow path direction (Figure 15), a collection needle (see needle between diverter valve and fraction collector) (Figure 15) and a control device (inherently in the Agilent 1200 series performing the calculations) configured to enable the total volume of pipelines between the liquid chromatography detector and the first sensor to be determined by means of a time difference (T2-T1) between a first moment at which the liquid chromatography detector detects the marker and a second moment at which the first sensor detects the marker, and the flow rate of the liquid flow (3.2.); wherein the first sensor is arranged on the flow path of the fraction collector leading to a waste liquid collector (e.g. to the fraction collector where a user inherently determines whether or not a substance is waste) (Figure 15); wherein the marker is configured to be inserted into the liquid flow before the liquid chromatography detector (Figure 15) .); wherein the fraction valve is a multi-port valve (see multiple ports in the Diverter valve) (Figure 15), which at least includes a liquid inlet connected to the liquid chromatography detector (left port), a liquid discharge port that is selectively in fluid communication with a flow path where the first sensor is located (bottom port), and a collection port (also bottom port) connected to the collection needle of the fraction collector (Figure 15).
Huber fails to expressly disclose the detectable marker is a bubble.
Njamfa teaches the detectable marker is a bubble [0049].
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to utilize the detectable marker being a bubble for the benefit of an improved flow meter, as Huber requires knowing the flow rate, that operates quickly, does not require diversion, does not interrupt the analytical process, directly measures the flow rate, and can be effectively used with very low flow rates, as taught by Njamfa [0028].
Regarding Claim 7, Huber discloses a pipeline between a liquid inlet of the fraction valve and the first sensor has a known predetermined volume (VD2 + VD3), wherein the control device is configured to enable the volume (VD1) of a pipeline between the liquid inlet of the fraction valve and the liquid chromatography detector the be determined on the basis of the total volume and the predetermined volume (3.2.).
Regarding Claim 10, Huber discloses the liquid chromatography system further comprises a pump for pumping the liquid flow, and the flow rate of the liquid flow is the pump flow rate of the pump (3.4.).
Regarding Claim 12, Huber discloses a pipeline volume determination device (Figure 15), characterized in that the pipeline volume determination device comprises: a liquid chromatography detector (Detector) located in a liquid chromatograph (HPLC) (3.1.) (Figure 15); a fraction collector including a fraction valve (Diverter valve) arranged after the liquid chromatograph along a flow path direction (Figure 15), and including a connection needle (see needle between diverter valve and fraction collector) (Figure 15); a marker insertion device for inserting a detectable marker into a liquid flow of the liquid chromatograph (inherently present to provide the dye) (3.2.); a first sensor (Fraction [d]elay sensor) arranged after the fraction valve along the flow path direction (Figure 15); and a control device (inherently in the Agilent 1200 series performing the calculations) configured to enable the total volume of pipelines between the liquid chromatography detector and the first sensor to be determined by means of a time difference (T2-T1) between a first moment at which the liquid chromatography detector detects the marker and a second moment at which the first sensor detects the marker, and the flow rate of the liquid flow (3.2.); wherein the first sensor is arranged on the flow path of the fraction collector leading to a waste liquid collector (e.g. to the fraction collector where a user inherently determines whether or not a substance is waste) (Figure 15); wherein the marker is configured to be inserted into the liquid flow before the liquid chromatography detector (Figure 15); wherein the fraction valve is a multi-port valve (see multiple ports in the Diverter valve) (Figure 15), which at least includes a liquid inlet connected to the liquid chromatography detector (left port), a liquid discharge port that is selectively in fluid communication with a flow path where the first sensor is located (bottom port), and a collection port (also bottom port) connected to the collection needle of the fraction collector (Figure 15)..
Huber fails to expressly disclose the detectable marker is a bubble.
Njamfa teaches the detectable marker is a bubble [0049].
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to utilize the detectable marker being a bubble for the benefit of an improved flow meter, as Huber requires knowing the flow rate, that operates quickly, does not require diversion, does not interrupt the analytical process, directly measures the flow rate, and can be effectively used with very low flow rates, as taught by Njamfa [0028].
Regarding Claim 13, Huber discloses a pipeline between a liquid inlet of the fraction valve and the first sensor has a known predetermined volume (VD2 + VD3), wherein the control device is configured to enable the volume (VD1) of a pipeline between the liquid inlet of the fraction valve and the liquid chromatography detector the be determined on the basis of the total volume and the predetermined volume (3.2.).
Regarding Claim 16, Huber discloses the liquid chromatography system further comprises a pump for pumping the liquid flow, and the flow rate of the liquid flow is the pump flow rate of the pump (3.4.).
Regarding Claims 3, 8, 14, and 18, Huber fails to expressly disclose fraction collector further comprises a second sensor, and a pipeline between the first sensor and the second sensor has a known inter-sensor pipeline volume (V2), wherein the flow rate of the liquid flow is determined on the basis of a time difference (T3-T2) between the second moment and a third moment at which the second sensor detects the marker, and the inter-sensor pipeline volume (V2), including being enabled by a control device (as recited in Claims 8 and 14).
Njamfa teaches first sensor (151), a second sensor (152), and a pipeline between the first sensor and the second sensor has a known inter-sensor pipeline volume (V2) [0049], wherein the flow rate of the liquid flow is determined on the basis of a time difference (T3-T2) between the second moment and a third moment at which the second sensor detects a marker (bubble), and the inter-sensor pipeline volume (V2) [0049].
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify Huber to have the fraction collector further comprises a second sensor, and a pipeline between the first sensor and the second sensor has a known inter-sensor pipeline volume, wherein the flow rate of the liquid flow is determined on the basis of a time difference between the second moment and a third moment at which the second sensor detects the marker, and the inter-sensor pipeline volume and being enabled by the control device for the benefit of an improved flow meter, as Huber requires knowing the flow rate, that operates quickly, does not require diversion, does not interrupt the analytical process, directly measures the flow rate, and can be effectively used with very low flow rates, as taught by Njamfa [0028].
Regarding Claims 9 and 15, Njamfa teaches the second sensor is arranged behind the first sensor along the flow path direction (Figures 4, 6).
The combination would have been obvious for the same reasons regarding the rejection of Claims 8 and 14 above.
Regarding Claims 11 and 17, Huber discloses the fraction valve is a multi-port valve (Figure 15), the liquid chromatograph is connected to a liquid inlet of the multi-port valve through a pipeline (Figure 15), and a pipeline through which the marker flows so as to be detected by the first sensor (Figure 15) is connected to a liquid discharge port in the multi-port valve (Figure 15), wherein the fraction valve has a first position in which the liquid inlet is in fluid communication with the liquid discharge port (Figure 15), wherein use of the second sensor with the first sensor is rendered obvious according to the rejection of Claims 8 and 14 above.
Conclusion
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ALEXANDER A. MERCADO
Primary Examiner
Art Unit 2855
/ALEXANDER A MERCADO/Primary Examiner, Art Unit 2855