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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/13/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The limitation “wherein the membrane tube and the container are configured such that an annular liquid-tight seal is formed by direct circumferential contact between an outer circumferential surface of the membrane tube and an inner circumferential surface of the container along a portion of an axial length of the membrane tube upon insertion” is not present in the specification or the drawings. Specification paragraph [004] discloses that “In the operation method, an appropriate amount of liquid is added into a container, and then the membrane tube is pushed into the container and a liquid-tight seal is formed between the membrane tube and the container”, however, does not mention the claimed structure of “an annular liquid-tight seal is formed by direct circumferential contact between an outer circumferential surface of the membrane tube and an inner circumferential surface of the container along a portion of an axial length of the membrane tube upon insertion”.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Nogami et al. (US 2015/0231536).
Regarding claim 1, Nogami teaches a device (refer fig. 1) (the limitation “for extracting biomolecules” is intended use limitation without imparting additional structure to the filter device), comprising:
a membrane tube (101), comprising an upper portion (refer upper portion having cap 103) and a lower portion (refer lower portion having membrane 102), the upper portion having an upper opening (a cap is provided in/on the opening), the lower portion accommodating a permeable membrane (102), and having a lower opening (membrane 102 is provided at the opening); and
a container (105), comprising an upper portion (through which membrane tube 101 is inserted) and a lower portion (105B), the upper portion having an opening configured to receive the membrane tube (refer fig. 1), and the lower portion of the container having a closed end (refer 105B);
wherein the membrane tube and the container are configured such that an annular liquid-tight seal is formed by direct circumferential contact between an outer circumferential surface of the membrane tube and an inner circumferential surface of the container along a portion of an axial length of the membrane tube upon insertion (refer circumferential seal 104 providing seal between tube 101 and container 105, refer [0069]-[0074]).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Khalifa (US 2010/0224078) teaches a device comprising an outer container (20) having closed end, an inner tube/container (30) having a filter (perforated) at its end and a seal (42) provided on its circumferential surface, wherein inner tube/container is pushed into the outer container to filter liquid that is contained in the outer container.
Ellis et al. (US 7790117) teaches a device comprising an outer container (40) having closed end (46), an inner tube (10 with filter 40) having a seal (38), wherein inner tube is pushed into the outer container to filter liquid that is contained in the outer container.
Wilhite (US 2007/0137494) teaches a device comprising an outer container (110) having closed end, an inner tube (120 with filter 130) having a seal (142), wherein inner tube is pushed into the outer container to filter liquid that is contained in the outer container.
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/PRANAV N PATEL/Primary Examiner, Art Unit 1777
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