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 .
Election/Restrictions
Claims 4-5, 11-13, 15-26 and 29-30 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention or specie, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/8/25.
Applicant indicated that specie 1 includes claims 1-10, 14 and 27-28. However, claims 4-5 are directed to the embodiment shown in figure 1b and therefore are not part of the elected specie of figure 1a.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: positioning unit in claims 9-10 and 27.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 6, 9-10, 27-28 and 31 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.
Claim 6 recites the limitation "the capillary tube" and “the inner diameter of the column tube”. There is insufficient antecedent basis for this limitation in the claim. For examination purposes the claim is assumed to recite, “the capillary tubes” and “an inner diameter of the column tube”.
Claim 6 defines the inner diameter of the column tube in relation to the outer diameter of the capillary tubes. The capillary tubes are not part of the claimed invention as claim 1 is directed to a microcolumn, “…for use in a connection structure, the connection structure comprising the microcolumn and two capillary tubes…” Therefore, it is clear from the claim language that, the two capillary tubes are not part of the claimed invention. Thus, the claims are indefinite as the claims are defined in relation to structure the invention is intended to be used with.
Claim 9 recites the limitation "the capillary tube". There is insufficient antecedent basis for this limitation in the claim. For examination purposes the claim is assumed to recite, “the capillary tubes”.
Claim 10 recites the limitation "the capillary tube". There is insufficient antecedent basis for this limitation in the claim. For examination purposes the claim is assumed to recite, “the capillary tubes”.
Claim 27 recites the limitation "the capillary tube". There is insufficient antecedent basis for this limitation in the claim. For examination purposes the claim is assumed to recite, “the capillary tubes”.
Claim 28 recites the limitation "the capillary tube". There is insufficient antecedent basis for this limitation in the claim. For examination purposes the claim is assumed to recite, “the capillary tubes”.
Claim 31 recites the limitation "the porous member". There is insufficient antecedent basis for this limitation in the claim. For examination purposes the claim is assumed to recite, “the porous members”.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 9-10 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 1 is directed to a microcolumn, “…for use in a connection structure, the connection structure comprising the microcolumn and two capillary tubes…” Therefore, it is clear from the claim language that, the two capillary tubes are not part of the claimed invention. The positioning unit in claim 9 is disclosed in the specification as being located on the capillary tube and therefore, any limitation directed to the positioning unit is a limitation directed to structure that is not part of the claimed invention and not further limiting.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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) 1-2, 6-7, 9-10, 14, 27-28 and 31 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Michienzi et al. WO 2013/032832.
Claim 1, Michienzi teaches a microcolumn (pg. 10) comprising a column tube (24) and a packing material (28) packed inside the column tube and porous members (30) disposed within the column in contact with both ends of the packing material, the microcolumn comprising openings at both ends thereof capable of receiving capillary tubes (fig. 2-3).
Claims 2, 6-7 and 14, Michienzi further teaches the porous member comprises a porous material (pg. 10); the inner diameter of the column can be substantially the same diameter of capillary tubes (pg. 10); the packing material is a particulate packing material (pg. 8); the column tube is composed of a single tube (fig. 2-3).
Claims 9-10 do not provide any further limitations to the claimed invention.
Claim 27, Michienzi teaches a microcolumn kit comprising: the microcolumn of claim 1, capillary tubes (44a, 44b), and a positioning unit (32 or 33 or the end surface of the capillary tubes) that defines a position where the capillary tubes are received in the microcolumn (fig. 2-3).
Claim 28, Michienzi further teaches the positioning unit (the end surfaces of the capillary tube) is a stopper attached to the capillary tubes respectively (fig. 2-3).
Claim 31, Michienzi teaches a method for manufacturing a microcolumn of claim 1 comprising: packing the inside of the column tube with the packing material (28) and inserting the porous members into the column tube being in contact with the packing material (fig. 2-3).
Claim(s) 1-3, 6-7, 9-10, 14, 27-28 and 31 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al. US 2021/0172913.
Claim 1, Wang teaches a microcolumn (par 1) comprising a column tube (210) and a packing material (220) packed inside the column tube and porous members (230) disposed within the column in contact with both ends of the packing material, the microcolumn comprising openings at both ends thereof capable of receiving capillary tubes (fig. 2).
Claims 2-3, 6-7 and 14, Wang further teaches the porous member comprises a porous and fibrous material (par 41); the inner diameter of the column can be substantially the same diameter of capillary tubes (fig. 2); the packing material is a particulate packing material (par 40); the column tube is composed of a single tube (fig. 2).
Claims 9-10 do not provide any further limitations to the claimed invention.
Claim 27, Wang teaches a microcolumn kit comprising: the microcolumn of claim 1, capillary tubes (270), and a positioning unit (280 or the end surface of the capillary tubes) that defines a position where the capillary tubes are received in the microcolumn (fig. 2).
Claim 28, Wang further teaches the positioning unit (the end surfaces of the capillary tube) is a stopper attached to the capillary tubes respectively (fig. 2).
Claim 31, Wang teaches a method for manufacturing a microcolumn of claim 1 comprising: packing the inside of the column tube with the packing material (220) and inserting the porous members into the column tube being in contact with the packing material (fig. 2).
Claim(s) 1-2, 6-10, 14, 27-28 and 31 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Benevides et al. US 2011/0278214.
Claim 1, Benevides teaches a microcolumn (par 43) comprising a column tube (420) and a packing material (450) packed inside the column tube and porous members (par 83) disposed within the column in contact with both ends of the packing material, the microcolumn comprising openings at both ends thereof capable of receiving capillary tubes (fig. 4a-b).
Claims 2, 6-8 and 14, Benevides further teaches the porous member comprises a porous material (par 83); the inner diameter of the column can be substantially the same diameter of capillary tubes (fig. 4a-b); the packing material is a particulate packing material (par 100); the column tube is made of a fluororesin material (par 39-41); the column tube is composed of a single tube (fig. 4a-b).
Claims 9-10 do not provide any further limitations to the claimed invention.
Claim 27, Benevides teaches a microcolumn kit comprising: the microcolumn of claim 1, capillary tubes (432, 433), and a positioning unit (440 or the end surface of the capillary tubes) that defines a position where the capillary tubes are received in the microcolumn (fig. 2).
Claim 28, Benevides further teaches the positioning unit (the end surfaces of the capillary tube) is a stopper attached to the capillary tubes respectively (fig. 4a-b).
Claim 31, Benevides teaches a method for manufacturing a microcolumn of claim 1 comprising: packing the inside of the column tube with the packing material (450) and inserting the porous members into the column tube being in contact with the packing material (fig. 4a-b, par 83).
Claim(s) 1-2, 6-10, 27-28 and 31 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schick US 5,482,628.
Claim 1, Schick teaches a microcolumn (col. 9, lines 25-45) comprising a column tube (20) and a packing material (abstract) packed inside the column tube and porous members (36, 38) disposed within the column in contact with both ends of the packing material, the microcolumn comprising openings at both ends thereof capable of receiving capillary tubes (fig. 2-5).
Claims 2 and 6-8, Schick further teaches the porous member comprises a porous material (col. 7, lines 15-30; the inner diameter of the column can be substantially the same diameter of capillary tubes (fig. 2-5); the packing material is a particulate packing material (col. 1, lines 25-50); and the column tube is made of a fluororesin material (col. 6, line 52 – col. 7, line 3).
Claims 9-10 do not provide any further limitations to the claimed invention.
Claim 27, Schick ng teaches a microcolumn kit comprising: the microcolumn of claim 1, capillary tubes (60, 70), and a positioning unit (66, 76) that defines a position where the capillary tubes are received in the microcolumn (fig. 2-5).
Claim 28, Schick further teaches the positioning unit are stoppers attached to the capillary tubes respectively (fig. 5).
Claim 31, Schick teaches a method for manufacturing a microcolumn of claim 1 comprising: packing the inside of the column tube with the packing material and inserting the porous members into the column tube being in contact with the packing material (fig. 2-5).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2023/0358705 Shimura
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/BENJAMIN M KURTZ/Primary Examiner, Art Unit 1779