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 .
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.
Claims 1-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ferrante et al. (US 8,308,340). Regarding claim 1, Ferrante discloses an apparatus comprising a storage part (for example the barrel or other container of 102 and the barrel or other container of 104; see col. 5 lines 30-50 and Fig. 1); and a main body (108, 114, 116) capable of accommodating an object that is not a required element of the claimed apparatus, wherein the storage part includes a first storage part (the barrel or other container of 102) and a second storage part (the barrel or other container of 104). It is understood that the microchip discussed in the claim is not a required element of the claimed apparatus. Regarding claim 2, the apparatus further comprises a driving part (the piston part of 110 or the piston part of 112). Regarding claim 3, the apparatus further comprises a control part (the handle part of 110 or the handle part of 112). Claim 4 has been amended to no longer further structurally limit the claimed structure. It is understood that the microchip and the fluids are not required elements of the claimed structure. Claim 5 solely discusses fluids that are not elements of the claimed structure. Claim 6 solely discusses fluids that are not elements of the claimed structure. Claim 7 solely discusses a microchip that is not a required element of the claimed structure. Claim 8 solely discusses a microchip that is not a required element of the claimed structure. Regarding claim 9, a first coupling part is provided at the bottom of the first storage part and a second coupling part is provided at the bottom of the second storage part (see col. 5, lines 30-52). Regarding claim 10, the main body includes: a first main body (108 or a portion thereof) in which a first insertion hole providing a space is formed; and a second main body (114) in which a second insertion hole providing a space into which the storage part is inserted is formed. Claims 11-13 solely discuss microchips that are not required elements of the claimed structure.
Response to Arguments
As stated in the previous office action “It is understood that the microchip discussed in the claim is not a required element of the claimed apparatus.” In claim 1, the microchip is discussed regarding what the body is configured to accommodate during an intended operation. Underlining “microchip” is applicant’s remarks does not make the microchip a required element of the claimed structure. In claim 1 as currently amended the only required elements are a first storage part, a second storage part and a main body. Ferrante discloses all the required elements of the claimed structure exactly as claim. Applicant’s arguments only pretrain to elements that applicant chose not to require, such as the microchip and the microfluidic passages thereof.
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 DAVID L SORKIN whose telephone number is (571)272-1148. The examiner can normally be reached 7am-3:30pm.
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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DAVID L. SORKIN
Examiner
Art Unit 1774
/DAVID L SORKIN/Primary Examiner, Art Unit 1774