DETAILED CORRESPONDENCE
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 .
Response to Amendment
As to the amended claims filed on 2/17/26, the previous 112(b) rejections are withdrawn.
Based on the claim amendments and remarks filed on 2/17/26, the previous prior art rejection is withdrawn and a new prior art rejection has been set forth to address the amendments.
Claim Status
Claims 1-15 are pending with claims 1-7 being examined and claims 8-15 deemed withdrawn.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.
Claims 1-7 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.
As to claim 1, line 6 recites “receiving the circumferential notch or groove therein” where it is unclear which circumferential notch or groove is attempting to be recited since multiple notches/grooves have been recited previously. The claims recite a notch or groove on both the upper column and lower column, and it is unclear which notch/groove is attempting to be referenced.
Claims 2-7 are rejected based on further claim dependency.
Claim Rejections - 35 USC § 103
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.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Haglund et al (US 20150198568; hereinafter “Haglund”; already of record) in view of Gebauer et al (US 20190154639; hereinafter “Gebauer”; already of record) alone, or alternatively in view of Lefebvre et al (US 20130228501; hereinafter “Lefebvre”; already of record).
As to claim 1, Haglund teaches an apparatus for bio-product processing (Haglund; Title, Figs. 1-10), comprising: a processing column comprising an upper column tube coupled to a lower column tube having a processing chamber provided therein (Haglund teaches a processing column 130 having an upper tube as the top region and a lower tube/processing chamber as the bottom portion; Fig. 2-3, [37, 40]); an adapter for moving within the processing column so as to vary the volume of the processing chamber within the lower column tube (Haglund teaches adapter 141 on a rod 138 moving within the column; [38-41], Fig. 2-3, 5-6); and a column stand for supporting the adapter (Haglund teaches support stand/frame 104 to support the adapter; Fig. 1, 4-7, [35, 36, 42]).
Note: The instant Claims contain a large amount of functional language (ex: “configured to…”). However, functional language does not add any further structure to an apparatus beyond a capability. Apparatus claims must distinguish over the prior art in terms of structure rather than function (see MPEP 2114 and 2173.05(g)). Therefore, if the prior art structure is capable of performing the function, then the prior art meets the limitation in the claims.
Haglund does not specifically teach that the upper column tube is releasably coupled to the lower column tube, said upper column tube comprising a radially outwardly disposed circumferential notch or groove and said lower column tube comprising a radially outwardly disposed circumferential groove or notch, respectively, for receiving the circumferential notch or groove therein, the processing column further comprising one or more sealing arrangements therein for bringing the upper column tube and the lower column tube into sealing arrangement automatically due to the weight of the upper column tube when the upper column tube is stacked with the lower column tube, but Haglund does teach that the top and bottom components of the column can be separated for maintenance; [44, 45]. However, Gebauer teaches the analogous art of an apparatus for bio-product processing (Gebauer; Title) with a processing column having the upper column tube is releasably coupled to the lower column tube, said upper column tube comprising a radially outwardly disposed circumferential notch or groove and said lower column tube comprising a radially outwardly disposed circumferential groove or notch, respectively, for receiving the circumferential notch or groove therein, the processing column further comprising one or more sealing arrangements therein for bringing the upper column tube and the lower column tube into sealing arrangement automatically due to the weight of the upper column tube when the upper column tube is stacked with the lower column tube (Gebauer teaches a processing column through which an adapter 9 moves through, the column having an upper tube 21 releasable coupled to lower tube 19 via connection 23; Figs. 1a-b, 2a-b, [28, 42, 50]. Gebauer teaches the upper tube and lower tube mechanically clamping or interlocking via bayonets which would include a radially extending notch on one piece that interacts with a radially extending groove on the other piece; Fig. 1-2, [28]. Further, Gebauer teaches various interlocking means which can be seen in Figures 1-2 where both sides have circumferential grooves formed that through which the connection means 23 passes through such that the bottom groove receives the top groove; Fig. 1-2. Further, Gebauer teaches interlocking means 23 as part of the lower tube where the vertical protrusion 23 creates a vertical notch and a groove with 20b, and where upper tube includes a groove receives the notch 23 and also has a corresponding horizontal flange/notch which is received by the groove; Fig. 1-2. Gebauer teaches that the upper column tube and lower column tube, when stacked, are in a sealed arrangement because Gebauer teaches that when providing pressure that the liquid flows through the bottom outlet [50] thereby showing that the connection between the two components 19/21 was sealed. Further, one of ordinary skill in the art would recognize the o-ring seal depicted in Figures 1-2 of Gebauer). It would have been obvious to one of ordinary skill in the art to have modified the upper tube and the lower tube forming the processing column of Haglund to have been releasably coupled together as in Gebauer because Gebauer teaches that it is known to configure the column into two separate components (Gebauer; Figs 1, [28, 42, 50]) and also because Gebauer teaches that when connectors are provided that the device can be cleaned stored and reused (Gebauer; [49]) thereby providing another advantage of efficient cleaning (Gebauer; [49]).
If it is deemed that modified Haglund does not specifically teach said upper column tube comprising a radially outwardly disposed circumferential notch or groove and said lower column tube comprising a radially outwardly disposed circumferential groove or notch, respectively, for receiving the circumferential notch or groove therein, the processing column further comprising one or more sealing arrangements therein for bringing the upper column tube and the lower column tube into sealing arrangement automatically due to the weight of the upper column tube when the upper column tube is stacked with the lower column tube, then Lefebvre teaches the analogous art of a stand for the processing column and also separate upper and lower components for the column tube (Lefebvre; Fig. 2-9, 14-17), and said upper column tube comprising a radially outwardly disposed circumferential notch or groove and said lower column tube comprising a radially outwardly disposed circumferential groove or notch, respectively, for receiving the circumferential notch or groove therein, the processing column further comprising one or more sealing arrangements therein for bringing the upper column tube and the lower column tube into sealing arrangement automatically due to the weight of the upper column tube when the upper column tube is stacked with the lower column tube (Lefebvre teaches the upper column tube and lower column tube connected; Fig. 2-9, 14-17. Lefebvre teaches upper column tube 106 includes notch 109 that fits into a groove formed by the groove of the lower tube wall 105 and also fits into a groove formed by 108 when 108 is part of the lower tube 105. Lefebvre teaches the importance of sealing the column, and where the pressure of the column is maintained, thereby showing that the connection is sealed; [7, 74, 70]). It would have been obvious to one of ordinary skill in the art to have modified the upper tube and the lower tube forming the processing column of modified Haglund to have included the releasable coupling of the notch and groove as in Lefebvre because Lefebvre teaches that it is known to configure the column into two separate components (Lefebvre; [7, 74, 70]) and also because Lefebvre teaches that the connection between upper and lower tubes enables the components to be held together (Lefebvre; [74]) and because Lefebvre teaches that sealing of the parts in important for the column to function properly; (Lefebvre; [7]).
As to claim 2, modified Haglund teaches the apparatus according to claim 1, wherein the column stand comprises a frame (Haglund teaches support stand/frame 104 to support the adapter; Fig. 1, 4-7, [35, 36, 42]).
As to claim 3, modified Haglund teaches the apparatus according to claim 2, wherein the frame comprises a top plate holder (Haglund teaches that the adapter, adapter rod, and the top plate 132 can be moved together through driving means 172; [45, 48], Fig. 5-7. Haglund teaches that the top plate is separately connected to the frame structure as the top plate and the rod move with respect to each other and also together, while both connecting to the frame; Fig. 1-10, [37, 38, 41, 42, 45, 48]. The portion connecting top plate 132 to the frame 104/112 is the top plate holder that holds the top plate; Fig. 1-10).
As to claim 4, modified Haglund teaches the apparatus according to claim 1, wherein the adaptor comprises an adaptor rod, and the adaptor rod comprises a rod locking mechanism for retaining the adapter in a raised position (Haglund teaches an operating/driving means 148 for moving the adapter rod 138 and adapter; [38, 41, 42]. Because the operating/driving means controls the lowering/raising, then it would serve as a brake to stop/lock the adapter in a position when it was not being moved; Fig. 2, 4-7, 9).
As to claim 5, modified Haglund teaches the apparatus according to claim 1, wherein the lower column tube is provided as part of a column processing module upon a support for retaining the lower column tube in a substantially level position during use of the apparatus (Haglund teaches a support at 134 or 142 that supports the lower column; Fig. 4, 5, 8, [37, 46, 48]. The support 134 can be seen to be substantially level as the device needs to be upright in order to function, and also is supported by wheels that enables the safe movement to keep the device substantially level and upright).
As to claim 6, modified Haglund teaches the apparatus according to claim 5, wherein the column processing module further comprises a wheel or a plurality of wheels that enable the column processing module to be moved on a floor surface and/or at least one tilt mechanism for moving the lower column tube to and from said substantially level position (Haglund teaches a support at 134 or 142 that supports the lower column; Fig. 4, 5, 8, [37, 46, 48]. The support 134 can be seen to be substantially level as the device needs to be upright in order to function, and also is supported by wheels that enables the safe movement to keep the device substantially level and upright).
As to claim 7, modified Haglund teaches the apparatus according to claim 1, wherein the adapter is hydraulically actuatable and comprises an adapter rod that is removably connectable to a lower chamber casing through an opening provided in an upper plate, such that the adapter rod can slide through the opening, wherein an outer periphery of the upper plate is releasably couplable to an upper end of the upper column tube, and wherein the upper plate and the lower chamber casing define a fluid-tight hydraulic chamber therebetween (Haglund teaches an operating/driving means 148/172, which can be hydraulically actuated, for moving the adapter rod 138 and adapter via an opening 140 in the upper plate 132; [37, 38, 41, 42, 45]. Haglund teaches the upper plate 132 releasably couples to the upper end of the upper column; [37, 44-49], Fig. 2, 5, 6. Haglund teaches that the rod and adapter are removably connected to the column, including the internal casing of the lower tube serving as the lower chamber casing; Fig. 1-10. Further, the modification of the upper tube and the lower tube forming the processing column of Haglund to have been releasably coupled together as in Gebauer has already been discussed above in claim 1. Therefore, the rod and adapter that removably connects to the column of Haglund would removably connect to the lower tube of Gebauer as Gebauer also teaches the adapter removably connecting to the lower chamber; [28, 42, 50], Figs. 1. Haglund teaches the chamber is fluid tight; [37, 40]. Gebauer also teaches the upper plate and lower chamber defining a sealed and fluid tight chamber; [26, 28, 42, 50], Figs. 1).
Other References Cited
The prior art of made of record and not relied upon is considered pertinent to applicant's disclosure include;
Ma et al (US 20190092555; hereinafter “Ma”) teaches the analogous art of connecting two components to be fluid tight where the connections include various components fitting together via notches/grooves; Fig. 6.
Response to Arguments
Applicant's arguments filed 2/17/26 have been fully considered, but they are moot as they are towards the claim amendments and not the current grounds of rejection.
However, because the examiner has used prior art Gebauer in an alternative rejection and because applicants argue against Gebauer, then applicants arguments are addressed for the sake of compact prosecution. Thus, applicants arguments have been considered, but they are not persuasive. Applicants argue on page 8 of their remarks that Gebauer’s connection means do not include the claimed “groove and notch”. However, although an alternative rejection has been set forth, the examiner respectfully disagrees. Haglund does not specifically teach that the upper column tube is releasably coupled to the lower column tube, said upper column tube comprising a radially outwardly disposed circumferential notch or groove and said lower column tube comprising a radially outwardly disposed circumferential groove or notch, respectively, for receiving the circumferential notch or groove therein, the processing column further comprising one or more sealing arrangements therein for bringing the upper column tube and the lower column tube into sealing arrangement automatically due to the weight of the upper column tube when the upper column tube is stacked with the lower column tube, but Haglund does teach that the top and bottom components of the column can be separated for maintenance; [44, 45]. However, Gebauer teaches the analogous art of an apparatus for bio-product processing (Gebauer; Title) with a processing column having the upper column tube is releasably coupled to the lower column tube, said upper column tube comprising a radially outwardly disposed circumferential notch or groove and said lower column tube comprising a radially outwardly disposed circumferential groove or notch, respectively, for receiving the circumferential notch or groove therein, the processing column further comprising one or more sealing arrangements therein for bringing the upper column tube and the lower column tube into sealing arrangement automatically due to the weight of the upper column tube when the upper column tube is stacked with the lower column tube (Gebauer teaches a processing column through which an adapter 9 moves through, the column having an upper tube 21 releasable coupled to lower tube 19 via connection 23; Figs. 1a-b, 2a-b, [28, 42, 50]. Gebauer teaches the upper tube and lower tube mechanically clamping or interlocking via bayonets which would include a radially extending notch on one piece that interacts with a radially extending groove on the other piece; Fig. 1-2, [28]. Further, Gebauer teaches various interlocking means which can be seen in Figures 1-2 where both sides have circumferential grooves formed that through which the connection means 23 passes through such that the bottom groove receives the top groove; Fig. 1-2. Further, Gebauer teaches interlocking means 23 as part of the lower tube where the vertical protrusion 23 creates a vertical notch and a groove with 20b, and where upper tube includes a groove receives the notch 23 and also has a corresponding horizontal flange/notch which is received by the groove; Fig. 1-2. Gebauer teaches that the upper column tube and lower column tube, when stacked, are in a sealed arrangement because Gebauer teaches that when providing pressure that the liquid flows through the bottom outlet [50] thereby showing that the connection between the two components 19/21 was sealed. Further, one of ordinary skill in the art would recognize the o-ring seal depicted in Figures 1-2 of Gebauer). It would have been obvious to one of ordinary skill in the art to have modified the upper tube and the lower tube forming the processing column of Haglund to have been releasably coupled together as in Gebauer because Gebauer teaches that it is known to configure the column into two separate components (Gebauer; Figs 1, [28, 42, 50]) and also because Gebauer teaches that when connectors are provided that the device can be cleaned stored and reused (Gebauer; [49]) thereby providing another advantage of efficient cleaning (Gebauer; [49]). If it is deemed that modified Haglund does not specifically teach said upper column tube comprising a radially outwardly disposed circumferential notch or groove and said lower column tube comprising a radially outwardly disposed circumferential groove or notch, respectively, for receiving the circumferential notch or groove therein, the processing column further comprising one or more sealing arrangements therein for bringing the upper column tube and the lower column tube into sealing arrangement automatically due to the weight of the upper column tube when the upper column tube is stacked with the lower column tube, then Lefebvre teaches the analogous art of a stand for the processing column and also separate upper and lower components for the column tube (Lefebvre; Fig. 2-9, 14-17), and said upper column tube comprising a radially outwardly disposed circumferential notch or groove and said lower column tube comprising a radially outwardly disposed circumferential groove or notch, respectively, for receiving the circumferential notch or groove therein, the processing column further comprising one or more sealing arrangements therein for bringing the upper column tube and the lower column tube into sealing arrangement automatically due to the weight of the upper column tube when the upper column tube is stacked with the lower column tube (Lefebvre teaches the upper column tube and lower column tube connected; Fig. 2-9, 14-17. Lefebvre teaches upper column tube 106 includes notch 109 that fits into a groove formed by the groove of the lower tube wall 105 and also fits into a groove formed by 108 when 108 is part of the lower tube 105. Lefebvre teaches the importance of sealing the column, and where the pressure of the column is maintained, thereby showing that the connection is sealed; [7, 74, 70]). It would have been obvious to one of ordinary skill in the art to have modified the upper tube and the lower tube forming the processing column of modified Haglund to have included the releasable coupling of the notch and groove as in Lefebvre because Lefebvre teaches that it is known to configure the column into two separate components (Lefebvre; [7, 74, 70]) and also because Lefebvre teaches that the connection between upper and lower tubes enables the components to be held together (Lefebvre; [74]) and because Lefebvre teaches that sealing of the parts in important for the column to function properly; (Lefebvre; [7]).
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 BENJAMIN R WHATLEY whose telephone number is (571)272-9892. The examiner can normally be reached Mon- Fri 8am-5pm.
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/BENJAMIN R WHATLEY/Primary Examiner, Art Unit 1798