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
Applicant’s election without traverse of Group I, claims 3-19 in the reply filed on 18 June 2026 is acknowledged.
Generic linking claim1 has allowable subject matter indicated. The restriction requirement between inventions, as set forth in the Office action mailed on 18 December 2025, has been reconsidered in view of the allowability of claims to the elected invention pursuant to MPEP § 821.04(a). The restriction requirement is hereby withdrawn as to any claim that requires all the limitations of an allowable claim. Specifically, the restriction requirement of 18 December 2025 is withdrawn. Claims 20-23, directed to a system and method are no longer withdrawn from consideration because the claim(s) requires all the limitations of an allowable claim.
In view of the above noted withdrawal of the restriction requirement, applicant is advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application.
Once a restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
Drawings
The drawings are objected to because of the following:
Figures 7A-17: Numbers and reference characters not plain and legible. See 37 C.F.R. 1.84(p).
- The figure lines and numbers representing structure are blurry.
Figures 2, 7A-17, 20, 23, and 25: Lines, numbers and letters not uniformly thick and well defined, clean, durable, and black (poor line quality).
- The reference numerals and lines are blurry as they have a dot matrix background, which distorts the view.
- Black background in some figures makes identifying details difficult.
Figures 5, 7A-17, 20, 23, and 25: Numbers, letters, and reference characters must be at least .32 cm (1/8 inch) in height. See 37 C.F.R. 1.84(p)(3).
-The numerals used to represent features are too small. Additionally, the figures contain information, such as parts lists, engineering information which is too small to read. Applicant should strongly consider removing all the information that is not the drawing figures.
- Photographs are not large enough large enough to see details.
Figures 8, 11, and 12: Sectional designation should be noted with Arabic or Roman numerals. See 37 C.F.R. 1.84(h)(3).
- Multiple drawings/views being shown as a single figure should be listed as separate figures.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
The disclosure is objected to because of the following informalities:
Page 6, page line 7: The term – show – should replace the term “shows.”
Page 10, page line 5: The term – described – has been misspelled.
Page 11, page line 14: Reference numeral – (4) – should be inserted after the term “member.”
Page 11, page lines 17, 21, 22: The term – member – should be inserted after the term “base.”
Page 11, page line 18: A close parenthesis – ( -- should be inserted prior to the numeral three.
Page 11, page line 23: The term “one” should be deleted.
Page 12, page lines 10, 11, 12, 13, 20, 22, and 23: The term – member – should be inserted after the term “base.”
Page 12, page line 14: Some transition term or something else is needed between the terms “holes” and “the.”
Page 12, page line 17: The third occurrence of the article “the” should be deleted.
Page 13, page lines 1, 5,10, 12, 15, 19, 24, and 26: The numeral – (4) – should be inserted after the term “member.”
Page 13, page lines 2, 6, 10, 13, 15, and 26: The numeral – (402) – should be inserted after the term “channels.”
Page 13, page line 16: The numeral – (1) – should be inserted after the term “member.”
Page 13, page line 30: Reference numeral – 4 – should replace numeral “402.”
Page 13, page line 32: The term – member – should be inserted after the term “base.”
Page 14, page line 5: Reference numeral – (13) – should be inserted after the term “screw.”
Page 14, page line 11: Reference numeral – (4) – should be inserted after the term “member.”
Page 15, page lines 5, 6, 7, 8, and 11: Reference numeral – (4) – should be inserted after the term “member.”
Page 15, page lines 15, 16, and 19: The term – member – should be inserted after the term “base.”
Page 15, page line 25: The term – member – has been misspelled.
Page 19, page line 15: A – space – should be inserted between the article “a” and the term “system.”
Page 19, page line 20: A – period – should be inserted after the term “valve.”
Appropriate correction is required.
Claim Objections
Claims 1-23 are objected to because of the following informalities:
Re claim 1, claim line 7: The term – configured – should be inserted prior to the term “for” to positively recite the functionality/intended use of the ports.
Re claim 1, claim line 9: The phrase “the base” lacks antecedent basis. The term – member – should be inserted after the term “base.”
Re claim 16, claim line 2: The first occurrence of the phrase “the base” lacks antecedent basis. The term – member – should be inserted after both occurrences of the term “base.”
Re claim 20, claim line 1: The term – configured – should be inserted prior to the term “for” to positively recite the functionality/intended use of the system.
Re claim 20, claim line 10: The term – configured – should be inserted prior to the term “for” to positively recite the functionality/intended use of the ports.
Re claim 20, claim line 13: The phrase “the base” lacks antecedent basis. The term – member – should be inserted after the term “base.”
Re claim 21, claim line 12: The term – configured – should be inserted prior to the term “for” to positively recite the functionality/intended use of the ports.
Re claim 21, claim line 15: The phrase “the base” lacks antecedent basis. The term – member – should be inserted after the term “base.”
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 9 and 12-15 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.
Re claim 9, claim line 2: The phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Re claim 12, claim line 2: Is this “a gas chromatography system” the same gas chromatography system previously recited in claim 1, claim line 8? The Examiner only recalls one gas chromatography system per calibration valve.
Re claim 13, claim line 2: Is this “a gas chromatography system” the same gas chromatography system previously recited in claim 1, claim line 8? The Examiner only recalls one gas chromatography system per calibration valve.
Re claim 14, claim line 2: Is this “a gas chromatography system” the same gas chromatography system previously recited in claim 1, claim line 8? The Examiner only recalls one gas chromatography system per calibration valve.
Re claim 14, claim line 3: Is this “a measured gas” the same measured gas previously recited in claim 1, claim line 4? The Examiner only recalls utilizing one measured gas per operation of the calibration valve.
Re claim 15, claim line 1: The phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Appropriate correction is required.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Prior art was not relied upon to reject claims 1-23 because the prior art of record fails to teach and/or make obvious the following:
Claims 1-19: Providing a calibration valve comprising: a rotatable volumes disk member comprising a plurality of internal channels formed therewithin, wherein each of the internal channels is dimensioned to house a different predetermined volume of a measured gas; a static base member comprising inlet ports and outlet ports for receiving compression fittings to fluidly connect the calibration valve to a gas chromatography system; and an alignment ring member affixed to the base to generate a compressive force on the sealing disk member in combination with all of the remaining limitations of the claim.
Claim 20: Providing a system utilizing a calibration valve comprising a rotatable volumes disk member comprising a plurality of internal channels formed therewithin, wherein each of the internal channels is dimensioned to house a different predetermined volume of a measured gas; a static base member comprising inlet ports and outlet ports for receiving compression fittings to fluidly connect the calibration valve to a gas chromatography system; and an alignment ring member affixed to the base to generate a compressive force on the sealing disk member in combination with all of the remaining limitations of the claim.
Claims 21-23: Providing a method utilizing a calibration valve comprising a rotatable volumes disk member comprising a plurality of internal channels formed therewithin, wherein each of the internal channels is dimensioned to house a different predetermined volume of a measured gas; a static base member comprising inlet ports and outlet ports for receiving compression fittings to fluidly connect the calibration valve to a gas chromatography system; and an alignment ring member affixed to the base to generate a compressive force on the sealing disk member in combination with all of the remaining limitations of the claim.
The closest prior art, US 10,401,330, discloses a valve comprising a rotatable volume disk containing a plurality of channels formed therein and other disk members for forming the valve. The reference fails to disclose that each of the internal channels is dimensioned to house a different predetermined volume of a measured gas; a static base member comprising inlet ports and outlet ports for receiving compression fittings to fluidly connect the calibration valve to a gas chromatography system; and an alignment ring member affixed to the base to generate a compressive force on the sealing disk member
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The prior art disclose various valves utilized in a chromatography environment whereby the valves contain a rotatable volume disk and other disk members forming the valve.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL SEAN LARKIN whose telephone number is 571-272-2198. The examiner can normally be reached M-F 9:00 AM - 5:30 PM.
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, Laura Sweeney can be reached at 571-272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL S LARKIN/Primary Examiner, Art Unit 2855
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