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 .
Specification
The abstract of the disclosure is objected to because the first sentence lacks ga subject-verb structure, which is grammatically improper. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claim 7 is objected to because of the following informalities: the limitation “second segment” should be rewritten as “the second segment” for proper grammar. Appropriate correction is required.
Claim 10 is objected to because of the following informalities: the limitation “second flow rate” should be rewritten as “a second flow rate” for proper grammar. Appropriate correction is required.
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 11, 12, 14-16, 19 and any of their dependent claims 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 11 recites the limitation “the fluid samples”. However, earlier recitations of this limitation state “a/the fluid sample”, which is singular instead of plural. It is unclear if this limitation indicates if there are plural instead of singular, in which case it lacks antecedent basis. Examiner interprets only one fluid sample to be required.
Claim 12 recites the limitation “the stationary phase”. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation “the detector”. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation “the flow rate” on line 4. It is not clear if this limitation is the same as the “first flow rate” recited earlier in the claim, or not. Examiner interprets it to be the same.
Claim 15 recites the limitation “the one or more molecules” on line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation “the sample” on line 2. It is not clear if this limitation is the same as a/the “fluid sample” or not. Examiner interprets it to be the same.
Claim 16 recites the limitation “the injector port or pre-concentrator” on line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 19 recites the limitation “the detector”. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 3-16 & 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Linker et al., (“Linker”, US 6,345,545), in view of Gygi et al., (“Gygi”, US 2002/0146349).
Regarding Claims 1, 3-8, & 12-14, Linker discloses a fluid chromatography device, comprising: a. a first segment of a tube configured to connect with an entry location that is configured to receive a fluid sample, (Funnel 42 or Pathway with Hole 66 in Housing 62, which can connect with Preconcentrator 10, See Figure 1, See column 3, lines 44-65, Linker); b. a second segment of the tube in fluid communication with the first segment at a connection, (Input Port 84 of Housing 82 joins with Housing 62/Pathway with Hole 66, See Figure 1, See column 3, lines 44-65, See column 4, lines 50-58, Linker); and c. an in-line exhaust in fluid communication with the first segment at the connection between the first and second segments, wherein the in-line exhaust is configured to vent the fluid sample from the first segment until closed, (Hole 68/Jet 52 between Pathway with Hole 66 and Pathway with Hole 84, See Figure 1, See column 3, lines 66-67, column 4, lines 1-17, Linker); wherein the in-line exhaust is configured to close after a period of time after a sample is injected into the first segment, (See column 3, lines 61-65, Linker).
Linker does not disclose the tube being a column wherein a flow rate of the fluid sample of the first segment before the in-line exhaust closes is higher than a flow rate of the fluid sample of the first and second segments after the in- line exhaust closes.
Gygi discloses a fluid chromatography device, (See Abstract, Gygi), where the tube being a column, (“Pre-concentration trapping column and chromatography separation column”, See Abstract, Gygi), wherein a flow rate of the fluid sample of the first segment before the in-line exhaust closes is higher than a flow rate of the fluid sample of the first and second segments after the in- line exhaust closes, (See Abstract, Gygi; Valve is open and flow rate is higher than when valve is closed and flow rate drops; “Thereafter, when the valve closes…the sample than passes…at a much slower flow rate”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the fluid chromatography device of Linker by incorporating the tube being a column wherein a flow rate of the fluid sample of the first segment before the in-line exhaust closes is higher than a flow rate of the fluid sample of the first and second segments after the in- line exhaust closes as in Gygi so it “alters the position and nature of the sample enrichment [preconcentrator] trap to obtain improved performance”, (See paragraph [0006], Gygi), and “throughput can be doubled by coupling” the columns “using a…valve”, (See Abstract, Gygi).
Additional Disclosures Included:
Claim 3: The fluid chromatography device of claim 1, further comprising: a. the entry location in fluid communication with the first segment and configured to receive the fluid sample before injection into the first segment, (First Preconcentrator 10 receives fluid from 34 before communicating it to Hole 66, See Figure 1, See column 2, lines 62-67, column 3, lines 31-45, Linker).
Claim 4: The fluid chromatography device of claim 3, further comprising: a. an injection exhaust in fluid communication with the entry location and configured to vent the fluid sample as the fluid sample is injected into the first segment so that a flow rate of the fluid sample into the first segment is controlled, (Fluid flow out of Valve 22’ at First Preconcentrator, See Figure 1, See column 2, lines 1-9, See column 5, lines 49-57, Linker).
Claim 5: The fluid chromatography device of claim 5, wherein the entry location is configured to concentrate the fluid sample before entry into the first segment, (Entry location is a preconcentrator 10, See Figure 1, See column 2, lines 61-67, column 3, lines 1-10, Linker).
Claim 6: The fluid chromatography device of claim 1, further comprising: a. a third segment in fluid communication with the in-line exhaust, the second segment, and the first segment at the connection, (Hole 64 or 68 in pathway with Hole 66 and continuing on to Pathway with Hole 84, See Figure 1, See column 3, lines 54-65, Linker).
Claim 7: The fluid chromatography device of claim 1, further comprising: a. a detector in fluid communication with second segment and configured to detect molecules of the fluid sample after the fluid sample has moved through the column, (Detector 36 in communication with Pathway with Hole 84, See Figure 1, See column 4, lines 57-58, and See column 6, lines 62-64, Linker).
Claim 8: The fluid chromatography device of claim 1, wherein the entry location is configured as an injection port or a pre-concentrator, (Entry location is a preconcentrator 10, See Figure 1, See column 2, lines 61-67, column 3, lines 1-10, Linker).
Claim 12: The fluid chromatography device of claim 1, further comprising: a. a temperature control device configured to adjust a temperature of the stationary phase of the column, (Coolers 99a/99b, See Figure 1, See column 4, lines 59-67, column 5, lines 1-3, Linker; See paragraph [0024], Gygi; “tubing packed with a bed of…particles”).
Claim 13: The fluid chromatography device of claim 12, wherein the temperature control device is configured to cool the temperature of the column and control the stationary phase, (Coolers 99a/99b, See Figure 1, See column 4, lines 59-67, column 5, lines 1-3, Linker).
Claim 14: The fluid chromatography device of claim 1, wherein the detector comprises a mass spectrometer, a flame ionization detector, a photoionization detector, electron capture detector, ion mobility spectrometer, thermal iconic detector, ultraviolet detector, fluorescence detector, thermal conductivity detector, flame photometric detectors, or any combination thereof, (Detector 36 in communication with Pathway with Hole 84, See Figure 1, See column 4, lines 57-58, and See column 6, lines 62-64, Linker).
Regarding Claims 9-11, Linker discloses a fluid chromatography device, comprising: a. an inlet configured to receive a fluid sample, (Funnel 42 or Pathway with Hole 66 in Housing 62, which can connect with Preconcentrator 10, See Figure 1, See column 3, lines 44-65, Linker); b. an outlet connectable with a detector, (Detector 36 in communication with Pathway with Hole 84, See Figure 1, See column 4, lines 57-58, and See column 6, lines 62-64, Linker); c. a tube that extends between the inlet and outlet, comprising: i. a first segment connected with the inlet, (Pathway with Hole 66 in Housing 62, See Figure 1, See column 3, lines 44-65, Linker); and ii. a second segment that is in fluid communication with the first segment and configured to connect with a detector at the outlet, (Pathway with Hole 84, See Figure 1, See column 4, lines 57-58, and See column 6, lines 62-64, Linker); and d. an in-line exhaust configured to vent the fluid sample from the first segment until closed, (Hole 68/Jet 52 between Pathway with Hole 66 and Pathway with Hole 84, See Figure 1, See column 3, lines 66-67, column 4, lines 1-17, Linker).
Linker does not disclose where the tube is a column or wherein after the in-line exhaust closes, the fluid flow rate of the fluid sample decreases in the column.
Gygi discloses a fluid chromatography device, (See Abstract, Gygi), where the tube being a column, (“Pre-concentration trapping column and chromatography separation column”, See Abstract, Gygi), wherein after the in-line exhaust closes, the fluid flow rate of the fluid sample decreases in the column, (See Abstract, Gygi; Valve is open and flow rate is higher than when valve is closed and flow rate drops; “Thereafter, when the valve closes…the sample than passes…at a much slower flow rate”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the fluid chromatography device of Linker by incorporating the tube being a column wherein after the in-line exhaust closes, the fluid flow rate of the fluid sample decreases in the column as in Gygi so it “alters the position and nature of the sample enrichment [preconcentrator] trap to obtain improved performance”, (See paragraph [0006], Gygi), and “throughput can be doubled by coupling” the columns “using a…valve”, (See Abstract, Gygi).
Additional Disclosures Included:
Claim 10: The fluid chromatography device of claim 9, wherein the fluid sample flows at a first flow rate through the first segment when the in-line exhaust is opened, wherein the fluid sample flow at second flow rate when the in-line exhaust is closed, and wherein the first flow rate is greater than the second flow rate, (See Abstract, Gygi; Valve is open and flow rate is higher than when valve is closed and flow rate drops; “Thereafter, when the valve closes…the sample than passes…at a much slower flow rate”).
Claim 11: The fluid chromatography device of claim 10, further comprising: a. an entry location in fluid communication with the first segment and configured to receive the fluid sample, (Funnel 42 or Pathway with Hole 66 in Housing 62, which can connect with Preconcentrator 10, See Figure 1, See column 3, lines 44-65, Linker); and b. an injection exhaust in fluid communication with the first segment, (Fluid flow out of Valve 22’ at First Preconcentrator, See Figure 1, See column 2, lines 1-9, See column 5, lines 49-57, Linker), and configured to vent the fluid samples so that the first and/or second flow rate is controlled, (See column 5, lines 49-57, Linker).
Regarding Claims 15, 16, & 18-20, Linker discloses a method, comprising: a. injecting a fluid sample into a first segment of a tube that is open to an external environment through an in-line exhaust at a first flow rate, (Funnel 42 or Pathway with Hole 66 in Housing 62, communicates with Hole 68/Jet 52 between Pathway with Hole 66 and Pathway with Hole 84, See Figure 1, See column 3, lines 44-65, See column 3, lines 66-67, column 4, lines 1-17, Linker); and c. detecting one or more molecules of the fluid sample after the one or more molecules have moved through the column, (Detector 36 in communication with Pathway with Hole 84, See Figure 1, See column 4, lines 57-58, and See column 6, lines 62-64, Linker).
Linker does not explicitly disclose the tube being a column, or b. closing the in-line exhaust to change the flow rate of the fluid sample to a second flow rate that is less than the first flow rate.
Gygi discloses a fluid chromatography device, (See Abstract, Gygi), where the tube being a column, (“Pre-concentration trapping column and chromatography separation column”, See Abstract, Gygi), and b. closing the in-line exhaust to change the flow rate of the fluid sample to a second flow rate that is less than the first flow rate, (See Abstract, Gygi; Valve is open and flow rate is higher than when valve is closed and flow rate drops; “Thereafter, when the valve closes…the sample than passes…at a much slower flow rate”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the fluid chromatography device of Linker by incorporating the tube being a column and b. closing the in-line exhaust to change the flow rate of the fluid sample to a second flow rate that is less than the first flow rate as in Gygi so it “alters the position and nature of the sample enrichment [preconcentrator] trap to obtain improved performance”, (See paragraph [0006], Gygi), and “throughput can be doubled by coupling” the columns “using a…valve”, (See Abstract, Gygi).
Additional Disclosures Included:
Claim 16: The method of claim 15, further comprising: a. before injecting the fluid sample into the first segment, injecting the sample into an entry location that is in fluid communication with the first segment, (Funnel 42 or Pathway with Hole 66 in Housing 62, which can connect with Preconcentrator 10, See Figure 1, See column 3, lines 44-65, Linker), and an injection exhaust, wherein the injection exhaust is configured to control the first flow rate, (Fluid flow out of Valve 22’ at First Preconcentrator, See Figure 1, See column 2, lines 1-9, See column 5, lines 49-57, Linker); and b. after injecting the fluid sample into the first segment, closing the first segment from the injection port or pre-concentrator, (See column 4, lines 13-17, Linker).
Claim 18: The method of claim 15, wherein the first segment and the second segment connect at a connection, (Input Port 84 of Housing 82 joins with Housing 62/Pathway with Hole 66, See Figure 1, See column 3, lines 44-65, See column 4, lines 50-58, Linker), and wherein the in-line exhaust connects to the connection through a third segment, (Hole 64 or 68 in pathway with Hole 66 and continuing on to Pathway with Hole 84, See Figure 1, See column 3, lines 54-65, Linker).
Claim 19: The method of claim 18, further comprising: a. opening the in-line exhaust to vent the fluid sample, after detecting one or more compounds at the detector, (See column 6, lines 20-42, Linker).
Claim 20: The method of claim 15, further comprising: a. while, before or after opening the in-line exhaust to vent the fluid sample, applying heat to the column, (See column 4, lines 18-26, Linker; and See column 5, lines 49-67, Linker).
Claim(s) 2 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Linker et al., (“Linker”, US 6,345,545), in view of Gygi et al., (“Gygi”, US 2002/0146349), in further view of Roques, (US 2006/0283324).
Regarding Claim 2, modified Linker discloses the fluid chromatography device of claim 1, but does not disclose further comprising: a. a temperature control device configured to lower a temperature of the first segment so that stationary phase in the column is controlled.
Roques discloses further comprising: a. a temperature control device configured to lower a temperature of the first segment so that stationary phase in the column is controlled, (See paragraph [0029], Roques).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the fluid chromatography device of modified Linker by incorporating further comprising: a. a temperature control device configured to lower a temperature of the first segment so that stationary phase in the column is controlled as in Roques to “provide a means to thermally modulate multiple individual…column assemblies independently” which is “useful in situation where it is necessary to perform ‘stream-splitting’,” or “backflushing”, (See paragraph [0029], Roques), as discussed in Gygi, (See paragraph [0030], Gygi).
Regarding Claim 17, modified Linker discloses the method of claim 15, but does not disclose further comprising: a. cooling the first segment before, while, or after injecting the fluid sample into the first segment.
Roques discloses further comprising: a. cooling the first segment before, while, or after injecting the fluid sample into the first segment, (See paragraph [0029], Roques; it must perform during one of the three scenarios listed).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the fluid chromatography device of modified Linker by incorporating further comprising: a. cooling the first segment before, while, or after injecting the fluid sample into the first segment as in Roques to “provide a means to thermally modulate multiple individual…column assemblies independently” which is “useful in situation where it is necessary to perform ‘stream-splitting’,” or “backflushing”, (See paragraph [0029], Roques), as discussed in Gygi, (See paragraph [0030], Gygi).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN M PEO whose telephone number is (571)272-9891. The examiner can normally be reached M-F, 9AM-5PM.
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/JONATHAN M PEO/Primary Examiner, Art Unit 1779