DETAILED ACTION
Application Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This action is in response to Applicant’s submission dated 06/25/2026. Claim(s) 28–48 are pending.
Election/Restrictions
Claims 29–38 & 43–48 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a non-elected invention, there being no allowable generic or linking claim at this time. Election was made without traverse in the reply filed on 06/25/2026.
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) 28 & 39–41 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2020-517884 to Ludwig et al.
With regard to claim 28, Ludwig discloses a freeze dryer (¶ 0001), comprising: a freeze-drying chamber (12) having an inlet for allowing material to be dried to be introduced into the freeze-drying chamber (12) and configured for being evacuated at least partially (Fig. 1; ¶¶ 0051–0069); and a vacuum source (18) in fluid communication with the drying chamber (12) and configured for evacuating the freeze-drying chamber at least partially (Fig. 1; ¶¶ 0051–0069), wherein a vacuum fluid path (16, 30) is defined between the freeze-drying chamber (12) and the vacuum source (18) (Fig. 1; ¶¶ 0051–0069), wherein the freeze dryer further comprises a material collector (34) configured for collecting dried material from the freeze-drying chamber (12) (Fig. 1; ¶¶ 0051–0069), which material collector (34) is arranged outside the freeze-drying chamber (12) and within the vacuum fluid path (16, 30) between the freeze-drying chamber (12) and the vacuum source (18) (Fig. 1; ¶¶ 0051–0069).
With regard to claim 39, Ludwig further discloses the material collector (34) is arranged at a first height (Fig. 1; ¶¶ 0051–0069), and the freeze-drying chamber (12) is arranged at a second height (Fig. 1; ¶¶ 0051–0069) (the claim does not require that the first height be different than the second height).
With regard to claim 40, Ludwig further discloses a valve (36) arranged within the vacuum fluid path (16, 30) and between the freeze-drying chamber (12) and the material collector (34) (Fig. 1; ¶¶ 0051–0069), wherein the valve (36) is configured to be moved between an open position for allowing fluid flow from the freeze-drying chamber (12) to the material collector (34) (Fig. 1; ¶¶ 0051–0069), a closed position for preventing fluid flow from the freeze-drying chamber (12) to the material collector (34) (Fig. 1; ¶¶ 0051–0069), and/or an intermediate position for restricting fluid flow from the freeze-drying chamber (12) to the material collector (34) (Fig. 1; ¶¶ 0051–0069).
With regard to claim 41, Ludwig further discloses the valve (36) is further configured for temporarily holding material collected by the material collector (34), when in the closed position (Fig. 1; ¶¶ 0051–0069).
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 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.
Claim 42 is rejected under 35 U.S.C. 103 as being unpatentable over Ludwig in view of WO 0040910 to Bronshtein.
With regard to claim 42, Ludwig fails to disclose a fluid bypass conduit provided between the freeze-drying chamber and the material collector, and providing a bypassing fluid path between the freeze-drying chamber and the material collector which bypasses the valve. Bronshtein teaches a fluid bypass conduit (8) provided between the drying chamber (1) and the [vacuum pump] (5) (Fig. 1; Pg. 4, lines 21–31), and providing a bypassing fluid path (8) between the drying chamber (1) and the [vacuum pump] which bypasses the valve (6) (Fig. 1; Pg. 4, lines 21–31). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the freeze dryer of Ludwig with the bypass conduit of Bronshtein because such a combination would have had the added benefit of allowing the valve to be bypassed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: see attached PTO-892. Applicant is encouraged to review the cited references prior to submitting a response to this office action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J LAUX whose telephone number is (571)270-7619. The examiner can normally be reached 8:30-5:30 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached at (571) 272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID J LAUX/Primary Examiner, Art Unit 3762
July 10, 2026
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