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
Applicant's election with traverse of Group I in the reply filed on 03/20/26 is acknowledged. The traversal is on the ground(s) that the amendment changes the dependency of claims of Group II to be dependent on claim 20, which is part of the elected Group I. This is found to be persuasive and the requirement mailed on 03/06/26 is withdrawn.
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.
Claim(s) 26-27 is/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 26-27, the claims recite “the reagent cartridge”. There is insufficient antecedent basis for this limitation as it is unclear if the reagent assembly is referring to the apparatus, the non-contact dispenser assembly, or another feature/system.
Claim Rejections - 35 USC § 102
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) 1-8, 16-17, 20-27, 39, 44, and 47 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Greisch (US 5593290 A).
Regarding claim 1, Greisch discloses an apparatus (pump 78; "operation of pump 78 is identical with that of pumps 10 and 52"; col. 8, lines 42 – 55; Fig. 10), comprising:
a non-contact dispenser (metering pump), comprising:
a body (pump body) defining an inlet (col. 5, line 67: inlet conduit 24; Fig. 1), an outlet (col. 6, line 1: dispensing conduit 30), and a flow path fluidly coupling the inlet and the outlet (col. 5, line 67 - col. 6, line 1: metering inlet conduit 26, metering outlet conduit 28);
a valve to control flow out of the flow path (Fig. 10: piston 92 and recess 86 correspond to the valve of the outlet conduit described in col. 4, lines 2 – 5 or the part of diaphragm 14 denoted as 22 in Fig. 1-6);
a system, comprising:
a receptacle to receive the non-contact dispenser (implicitly
disclosed as plate 16, Fig. 1);
a first displacement member (col. 8, line 47: piston 88, Fig. 10; or part of diaphragm 14 denoted as 18 in Fig. 1, Fig. 1-6) positionable within the flow path (Fig. 10); and
a second displacement member positionable within the flow path (col. 8, line 47: piston 84, Fig. 10 or part of diaphragm 14 denoted as 20 in Fig. 1, Fig. 1-6),
wherein the valve is actuatable to enable fluid to flow out of the flow path (col. 4, lines 2-7) and the first displacement member is movable from a first position to a second position within the flow path to urge a first volume of the fluid out of the outlet (col. 3, lines 44 - 56) and the second displacement member is movable from a first position to a second position within the flow path to urge a second volume of the fluid out of the outlet (col. 3, line 57 - col. 4, line 2).
Regarding claim 2, Greisch discloses the claimed invention as discussed above in claim 1. Greisch discloses the body defines a first aperture and a second aperture, and the first displacement member is positionable within the first aperture and the second displacement member is positionable within the second aperture (interpreted as the spaces accommodating the two pistons in Fig. 10 or vacuum conduits 36 and 38 in Fig. 1-6).
Regarding claim 3, Greisch discloses the claimed invention as discussed above in claim 2. Greisch discloses the first aperture is coupled to the flow path and the second aperture is coupled to the flow path (See Fig. 10, the positionings of the piston block the flow within the conduit).
Regarding claim 4, Greisch discloses the claimed invention as discussed above in claim 2. Greisch discloses the apparatus further comprises a pair of seals surrounding of one of the first and second apertures (O-rings 42, Fig. 9).
Regarding claim 5, Greisch discloses the claimed invention as discussed above in claim 4. Greisch discloses the pair of seals is over molded to the body (In a preferred embodiment, diaphragm 14 is a continuous sheet of silicone elastomer which is provided by molding with raised "O-ring" features 42 on the side 44 facing the pressure/vacuum plate 16, col. 6, lines 37-41).
Regarding claim 6, Greisch discloses the claimed invention as discussed above in claim 4. Greisch discloses the system comprises a clamping plate (plate 70, Fig. 1, col. 8, lines 35-40) positionable to compress the first seal and the second seal and urge the seals into sealing engagement with the corresponding first displacement member or the second displacement member (Col. 6, lines 10-12).
Regarding claim 7, Greisch discloses the claimed invention as discussed above in claim 6. Greisch discloses the clamping plate comprises a pair of apertures (any two apertures selected from apertures 72, 74, or 76, Fig. 7) through which the corresponding first displacement member and the second displacement member pass (…which apertures function as extensions of the recesses. The diaphragm acts through the apertures and is prevented thereby from being deformed into the channels. Col. 8, lines 39-42).
Regarding claim 8, Greisch discloses the claimed invention as discussed above in claim 1. Greisch discloses the apparatus further comprises an actuator (pump/air pressure 52, Fig. 7) to actuate at least one ofc the first displacement member or the second displacement member between the first position and the second position (…by air pressure 52 exerted through conduit 40. (Preferably, air pressure in the range of 1.4×105 Pa has been found sufficient to actuate the diaphragms of pump 10 quickly and precisely). Col. 7, lines 31-34).
Regarding claim 16, Greisch discloses the claimed invention as discussed above in claim 1. Greisch discloses a nozzle coupled to the outlet of the non-contact dispenser (col. 6, lines 5 - 6: dispensing tip 34).
Regarding claim 17, Greisch discloses the claimed invention as discussed above in claim 1. Greisch discloses the chambers are spherical (col. 3 line 28) and variable in volume (…the apparatus of the invention comprises at least three interconnected variable-volume chambers whose volume can be varied according to a sequence… col. 3 lines 19-23) with diameter/cross-sectional area of the chambers/diaphragms to be different.
Regarding claims 20, 22, and 24, Greisch discloses an apparatus (pump 78; "operation of pump 78 is identical with that of pumps 10 and 52"; col. 8, lines 42 – 55; Fig. 10), comprising:
a non-contact dispenser (metering pump), comprising:
a body (pump body) defining an inlet/first end (col. 5, line 67: inlet conduit 24; Fig. 1), an outlet/second end (col. 6, line 1: dispensing conduit 30), a first aperture, a second aperture (interpreted as the spaces accommodating the two pistons in Fig. 10 or vacuum conduits 36 and 38 in Fig. 1-6), and a flow path fluidly coupling the inlet and the outlet (col. 5, line 67 - col. 6, line 1: metering inlet conduit 26, metering outlet conduit 28);
a pair of seals surrounding of one of the first and second apertures (O-rings 42, Fig. 9);
a valve to control flow out of the flow path (Fig. 10: piston 92 and recess 86 correspond to the valve of the outlet conduit described in col. 4, lines 2 – 5 or the part of diaphragm 14 denoted as 22 in Fig. 1-6);
wherein the first aperture is to receive a first displacement member (col. 8, line 47: piston 88, Fig. 10; or part of diaphragm 14 denoted as 18 in Fig. 1, Fig. 1-6) positionable within the flow path (Fig. 10) to urge a first volume of the fluid out of the outlet (col. 3, lines 44 – 56, and the second aperture is to receive a second displacement member positionable within the flow path (col. 8, line 47: piston 84, Fig. 10 or part of diaphragm 14 denoted as 20 in Fig. 1, Fig. 1-6) to urge a second volume of the fluid out of the outlet (col. 3, line 57 - col. 4, line 2).
Regarding claim 21, Greisch discloses the claimed invention as discussed above in claim 20. Greisch discloses the body comprises a first portion and a second portion (a plurality of annular grooves 46, Fig. 8), the first portion having a first inner tapered surface defining the first aperture and a second inner tapered surface defining the second aperture (The areas within features 42 define the active areas of diaphragm 14. Plate 16 is provided with a plurality of annular grooves 46 which mate with O-rings 42 to position the diaphragm correctly and to seal the edges of the pressure/vacuum region above the active areas. Col. 6, lines 40-45).
Regarding claim 23, Greisch discloses the claimed invention as discussed above in claim 20. Greisch discloses the body has a wall having an inner surface that defines the flow path and wherein the inner surface is contoured (channel 62, 64, 66, 68, Fig. 7).
Regarding claim 25, Greisch discloses the claimed invention as discussed above in claim 20, Greisch discloses the apparatus comprises a non-contact dispenser assembly, comprising:
a body defining a plurality of reservoirs (sources 100, 102, and 104, Fig. 11); and
the non-contact dispenser, comprising:
a body (pump body) defining an inlet/first end (col. 5, line 67: inlet conduit 24; Fig. 1), an outlet/second end (col. 6, line 1: dispensing conduit 30), a first aperture, a second aperture (interpreted as the spaces accommodating the two pistons in Fig. 10 or vacuum conduits 36 and 38 in Fig. 1-6), and a flow path fluidly coupling the inlet and the outlet (col. 5, line 67 - col. 6, line 1: metering inlet conduit 26, metering outlet conduit 28); and
a valve to control flow out of the flow path (Fig. 10: piston 92 and recess 86 correspond to the valve of the outlet conduit described in col. 4, lines 2 – 5 or the part of diaphragm 14 denoted as 22 in Fig. 1-6).
Regarding claim 26, Greisch discloses the claimed invention as discussed above in claim 25. Greisch discloses the reagent cartridge comprises a manifold assembly, comprising:
an outlet (single dispensing destination 108, Fig. 12);
a common fluidic line fluidly coupled to the outlet (the fluidic line between 106 and 108, Fig. 12);
a plurality of reagent fluidic lines coupled to the corresponding outlet of the reservoirs (lines between inlet recesses 18 and corresponding sources 100, 102, and 104, Fig. 12); and
a plurality of membrane valves selectively fluidly coupling the common fluidic line and a corresponding one of the plurality of reagent fluidic lines (interpreted as the diaphragm members covering individual metering recesses/chambers 20 of the embodiment in Fig. 12).
Regarding claim 27, Greisch discloses the claimed invention as discussed above in claim 26. Greisch discloses the cartridge comprises opposing membranes coupled to the body thereof (membranes/diaphragms covering chambers/recesses 18), the body defining a portion of common fluidic line, a portion of the plurality of reagent fluidic lines, and a plurality of valve seats (interpreted as recesses 20, Fig. 12) that each separate the common fluidic line and a corresponding one of the plurality of reagent fluidic lines (Embodiment 98, Fig. 12).
Regarding claim 39, Greisch discloses an apparatus (pump 78; "operation of pump 78 is identical with that of pumps 10 and 52"; col. 8, lines 42 – 55; Fig. 10), comprising:
a non-contact dispenser (metering pump), comprising:
a body (pump body) defining an inlet (col. 5, line 67: inlet conduit 24; Fig. 1), an outlet (col. 6, line 1: dispensing conduit 30), a first aperture, a second aperture (interpreted as the spaces accommodating the two pistons in Fig. 10 or vacuum conduits 36 and 38 in Fig. 1-6), and a flow path fluidly coupling the inlet and the outlet (col. 5, line 67 - col. 6, line 1: metering inlet conduit 26, metering outlet conduit 28);
a valve to control flow out of the flow path (Fig. 10: piston 92 and recess 86 correspond to the valve of the outlet conduit described in col. 4, lines 2 – 5 or the part of diaphragm 14 denoted as 22 in Fig. 1-6);
a first displacement member (col. 8, line 47: piston 88, Fig. 10; or part of diaphragm 14 denoted as 18 in Fig. 1, Fig. 1-6) positioned within the first aperture (Fig. 10); and
a second displacement member positioned within the second aperture (col. 8, line 47: piston 84, Fig. 10 or part of diaphragm 14 denoted as 20 in Fig. 1, Fig. 1-6),
wherein the first displacement member is movable from a first position to a second position within the flow path to urge a first volume of the fluid out of the outlet (col. 3, lines 44 - 56) and the second displacement member is movable from a first position to a second position within the flow path to urge a second volume of the fluid out of the outlet (col. 3, line 57 - col. 4, line 2).
Regarding claim 44, Greisch discloses the claimed invention as discussed above in claim 39. Greisch discloses the dispenser comprises a housing that surrounds the body and retains the firsyt displacement member and the second displacement member within the housing (plate 16, Fig. 7).
Regarding claim 47, Greisch discloses the claimed invention as discussed above in claim 39. Greisch discloses the apparatus further comprises a pair of seals surrounding of one of the first and second apertures (O-rings 42, Fig. 9), further comprising a clamping plate (plate 70, Fig. 1, col. 8, lines 35-40) positionable to compress the first seal and the second seal and urge the seals into sealing engagement with the corresponding first displacement member or the second displacement member (Col. 6, lines 10-12).
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.
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) 9 and 41 is/are rejected under 35 U.S.C. 103 as being unpatentable over Greisch in view of Ogawa (US 20080024040 A1).
Regarding claim 9, Greisch discloses the claimed invention as discussed above in claim 8. Greisch does not explicitly disclose a piezoelectric actuation mechanism.
Analogous art Ogawa discloses a piezoelectric drive device (displacement expanding plate 10, Fig. 12) comprising piezoelectric actuators (piezoelectric elements 17 and 18, Fig. 12) for displacement members (displacement members 31 and 32, Fig. 12) for displacing diaphragm (diaphragm 50, Fig. 12) of a liquid discharging device (40, Fig. 12).
It would have been obvious to one of ordinary skill in the art to have utilized the piezoelectric drive device of Ogawa to replace the air actuation mechanism of Greisch for actuation of diaphragm of Greisch to develop the claimed invention, doing so derive an embodiment in which the movement of the diaphragm can be controlled by voltage instead of air pressure (Ogawa, para. [0014]).
Regarding claim 41, Greisch discloses the claimed invention as discussed above in claim 39. Greisch does not explicitly disclose a first spring and a second spring carried by the non-contact dispenser, the first spring to bias the first displacement member to the first position and the second spring to bias the second displacement member to the first position.
Analogous art Ogawa discloses a piezoelectric drive device (displacement expanding plate 10, Fig. 12) comprising piezoelectric actuators (piezoelectric elements 17 and 18, Fig. 12) for displacement members (displacement members 31 and 32, Fig. 12) for displacing diaphragm (diaphragm 50, Fig. 12) of a liquid discharging device (40, Fig. 12), wherein the piezoelectric actuators are connected to biasing unit (springs 81, Fig. 20; After the inlet valve is closed, owing to the reaction force produced due to the further expansion of the piezoelectric element 17, the displacement expanding plate 10 is moved against the biasing force applied by the spring 81 in the direction to be away from the diaphragm 50. Para. [0173]).
It would have been obvious to one of ordinary skill in the art to have utilized the piezoelectric drive device comprising a biasing spring system for each displacement member of Ogawa to replace the air actuation mechanism of Greisch for actuation of diaphragm of Greisch to develop the claimed invention, doing so derive an embodiment in which the movement of the diaphragm can be controlled by voltage instead of air pressure (Ogawa, para. [0014]).
Claim(s) 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Greisch.
Regarding claim 12, Greisch discloses the claimed invention as discussed above in claim 1. Greisch does not explicitly disclose the apparatus comprises a second valve to control flow into the inlet and the flow path. Greisch discloses the apparatus of the invention comprises at least three interconnected variable-volume chambers, with possibility of incorporating more chambers (and diaphragm) (Col. 3, lines 19-22).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have duplicated number of chambers (followed by subsequent diaphgram/piston that serves as a second valve) in the device of Greisch to derive the claimed invention. Mere duplication of parts has no patentable significance unless a new and unexpected result is produced (See MPEP 2144.04, VI, B).
Regarding claim 13, Greisch discloses the claimed invention as discussed above in claim 12. Greisch discloses the first and the second valve are check valves (the diaphragm/piston are designed to acts like check valve; col. 3, lines 39-43; Fig. 5-6).
Regarding claim 14, Greisch discloses the claimed invention as discussed above in claim 13. Greisch does not explicitly disclose the two valves have their own cracking pressure. However, Greisch discloses the volume of each chamber can be varied in sequence (…the apparatus of the invention comprises at least three interconnected variable-volume chambers whose volume can be varied according to a sequence… col. 3 lines 19-23). As volumetric flow is dependent on the pressure differential by relationship such as:
Q
=
C
v
∆
P
S
G
Wherein Q is the volumetric flow rate, CV is the valve flow coefficient, and SG is the specific gravity. The two valves with two different volumes would also have two cracking pressures.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICKEY HUANG whose telephone number is (571)272-7690. The examiner can normally be reached M-F 9:30-5:30 PM ET.
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/M.H./Examiner, Art Unit 1758 /LYLE ALEXANDER/Supervisory Patent Examiner, Art Unit 1797
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