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 with traverse of the species embodied in claims 16-18 and 21-33 in the reply filed on 10 December 2025 is acknowledged. The traversal is on the ground(s) that the Examine has not made a proper lack of unity because prior art was not applied to show that claim 16 lacks a technical link to justify a single general inventive concept.
Applicant’ argument is persuasive and the restriction requirement is being withdrawn.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 25 July 2023, 11 November 2025, and 26 December 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the feature(s) canceled from the claim(s).
Providing a centrifuge (as a means for changing the pore diameter of the pores of the at least one filter element), as recited in claims 16 and 18-19.
No new matter should be entered.
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 disclosure is objected to because of the following informalities:
Page 3, page line 29: Reference to specific claims should be avoided as the claim numbers change during prosecution of an application or during final numbering at allowance.
Page 4, page line 1: Reference to specific claims should be avoided as the claim numbers change during prosecution of an application or during final numbering at allowance.
Page 18, page line 1: Reference numeral – 16 – should replace the first occurrence of reference numeral “15”.
Page 18, page line 5: Reference to reference numeral “17” should be made in the detailed description of the invention.
Pages 15-18: Reference to reference letters “Z” and “R” should be made in the detailed description of the invention.
Appropriate correction is required.
Claim Objections
Claims 16-33 are objected to because of the following informalities:
Re claim 16, claim line 1: The term – configured – should be inserted prior to the term “for” to positively recite the functionality of the device.
Re claim 16, claim line 3: The term – configured – should be inserted prior to the term “for” to positively recite the functionality of the receptacle.
Re claim 16, claim line 13: The term – configured – should be inserted prior to the term “for” to positively recite the functionality of the opening.
Re claim 19, claim line 8: The phrase – at least one – should be inserted prior to the term “filter.”
Re claim 20, claim line 12: The phrase – at least one – should be inserted prior to the term “filter.”
Re claim 21, claim line 3: The phrase – at least one – should be inserted prior to the term “filter.”
Re claim 22, claim lines 4, 6, 7, and 9: The phrase – at least one – should be inserted prior to the term “filter.”
Re claim 31, claim lines 4, 6, 9, 12, 13, and 16: The phrase – at least one – should be inserted prior to the term “filter.”
Re claim 32, claim lines 2, 4, and 6: The phrase – at least one – should be inserted prior to the term “filter.”
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
The claim limitations invoking 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph include means for changing the pore diameter of the pores of the at least one filter element, as recited in claim 16, which encompasses a centrifuge and accompanying structure, as recited in the specification; or an electric voltage source and all its accompanying structure, as recited in the specification.
The claim limitations invoking 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph include means for withdrawing liquid from the lower compartment, as recited in claim 28, which encompasses a valve, as recited in the specification and shown in the drawing figures.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 22 and 32 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 22 recites that a control unit is configured to change the pore diameter of the at least one filter element by changing a centrifugal speed of a centrifuge; and changing an electrical voltage of a voltage source. The specification and Figures 1-2 of the instant application describe/show an embodiment of increasing the pore diameter of the at least one filter element by using a centrifuge. The specification and Figure 3 of the instant application describe/show an embodiment of increasing the pore diameter by using an electrical voltage source. These two different embodiments do not appear to be used together, such that the use of the term “and” in claim 22 suggests otherwise. Because these two embodiments are not usable together, claim 22 contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention
Claim 32 recites that the pore diameter of the at least one filter element is increased by increasing a centrifugal speed of a centrifuge; and decreasing an electrical voltage of a voltage source. The specification and Figures 1-2 of the instant application describe/show an embodiment of increasing the pore diameter of the at least one filter element by using a centrifuge. The specification and Figure 3 of the instant application describe/show an embodiment of increasing the pore diameter by using an electrical voltage source. These two different embodiments do not appear to be used together, such that the use of the term “and” in claim 32 suggests otherwise. Because these two embodiments are not usable together, claim 32 contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
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 16-33 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 16, claim line 11 and 13: Is this “a liquid” the same liquid previously recited in claim line 1 and 3 of the claim? The Examiner only recalls one liquid undergoing separation/filtration.
Re claim 17, claim line 2: The term “suitable” is deemed to be indefinite because the term is not a positive recitation. The term only suggests that the function can be performed without actually claiming that the function is performed.
Re claim 18, claim line 5: The term “optionally” is deemed to be indefinite because the term is not a positive recitation. First, the term introduces ambiguity by suggesting that the claimed element or elements to which they relate are optional. Second, the claim is unclear when the claimed element or elements are not optional and are part of the claimed invention.
Re claim 18, claim line 6: Is this “an outer side… of the at least one filter element” the same outer side of the at least one side surface of the at least one filter element previously recited in claim line 18, claim lines 4-5? The phrase “at least one side surface allows for two side surfaces of the at least one filter element. The Examiner only recalls two side surfaces of the at least one filter element.
Re claim 18, claim line 8: The term “suitable” is deemed to be indefinite because the term is not a positive recitation. The term only suggests that the function can be performed without actually claiming that the function is performed.
Re claim 19, claim line 6: The term “suitable” is deemed to be indefinite because the term is not a positive recitation. The term only suggests that the function can be performed without actually claiming that the function is performed.
Re claim 20, claim lines 4, 6, and 10: The term “optionally” is deemed to be indefinite because the term is not a positive recitation. First, the term introduces ambiguity by suggesting that the claimed element or elements to which they relate are optional. Second, the claim is unclear when the claimed element or elements are not optional and are part of the claimed invention.
Re claim 20, claim line 9: The term “suitable” is deemed to be indefinite because the term is not a positive recitation. The term only suggests that the function can be performed without actually claiming that the function is performed.
Re claim 26, claim line 2: The term “suitable” is deemed to be indefinite because the term is not a positive recitation. The term only suggests that the function can be performed without actually claiming that the function is performed.
Re claim 26, claim lines 2-3: Is this “a liquid” the same liquid previously recited in claim line 1 and 3 of claim 16? The Examiner only recalls one liquid undergoing separation/filtration.
Re claim 27, claim line 2: The term “suitable” is deemed to be indefinite because the term is not a positive recitation. The term only suggests that the function can be performed without actually claiming that the function is performed.
Re claim 31, claim line 7: Is this “a liquid” the same liquid previously recited in claim lines 1 and 3 of claim 16? The Examiner only recalls one liquid undergoing separation/filtration.
Re claim 31, claim lines 10, 14, 19, and 21: The term “optionally” is deemed to be indefinite because the term is not a positive recitation. First, the term introduces ambiguity by suggesting that the claimed element or elements to which they relate are optional. Second, the claim is unclear when the claimed element or elements are not optional and are part of the claimed invention.
Re claim 31, claim line 16: Which “liquid” is being referenced here, the liquid without particles, or the liquid containing particles that is moving through the at least one filter element?
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 17-20 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claims 17-19 recite limitations stating that the means for changing the pore diameter of the pores of the at least one filter element exerts a force on the at least one filter element; and comprises a centrifuge and accompanying structure; however, this limitation has already been claimed as Applicants have invoked 35 USC 112(f) or 35 USC 112(6) by claiming a “means for changing the pore diameter of the pores of the at least one filter element” in claim 16. By invoking 112(f) or 112(6), the specification is reviewed to understand how the term “means” is defined. In this instance, the means are defined as a centrifuge and all its accompanying structure disclosed within the specification; or as an electric voltage source and all its accompanying structure. Thus, by already setting forth the definition of the means in the independent claim, any subsequent recitation of the means or portions of the means would fail to further limit the means that have already been recited, as defined by the specification. Applicant is unable to claim more than what has already been defined as the means.
Claims 17 and 20 recite limitations stating that the means for changing the pore diameter of the pores of the at least one filter element exerts a force on the at least one filter element; and comprises an electrical voltage source and accompanying structure; however, this limitation has already been claimed as Applicants have invoked 35 USC 112(f) or 35 USC 112(6) by claiming a “means for changing the pore diameter of the pores of the at least one filter element” in claim 16. By invoking 112(f) or 112(6), the specification is reviewed to understand how the term “means” is defined. In this instance, the means are defined as an electrical voltage source and all its accompanying structure disclosed within the specification; or as a centrifuge and all its accompanying structure. Thus, by already setting forth the definition of the means in the independent claim, any subsequent recitation of the means or portions of the means would fail to further limit the means that have already been recited, as defined by the specification. Applicant is unable to claim more than what has already been defined as the means.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claims 16-17, 20-25, and 28-33 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2007-175596 (Asahi Glass) (alternate translation) in view of US 6,312,950 (Ohmura et al.).
With respect to the limitations of claim 16, Asahi Glass discloses a membrane deformation system, comprising:
at least one filter/membrane element (20), having a top surface, a bottom surface, and at least one side surface connecting the top surface to the bottom surface, wherein the at least one filter/membrane element (20) includes through-pores (21) having a defined pore diameter; wherein the device comprises a means (30, 42) for changing the pore diameter of the pores (21) of the at least one filter/membrane element (20) (application of a voltage to comb-shaped actuators (30) joined to four sides of the membrane (20) stretch/deform the membrane (20) in four directions causing the through holes (21) to expand along with the deformation of the membrane (20) – paragraph [0027] and Figure 2). Asahi Glass disclose (paragraph [0061]) that by combining a plurality of membrane deformation systems, classification of fine particles can be made; however, Asahi Glass fails to expressly disclose that a receptacle for receiving a liquid; and arranging the at least one filter element in the receptacle so as to divide the receptacle, in the direction of the top surface of the at least one filter element, into an upper compartment and, in the direction of the bottom surface of the at least one filter element, into a lower compartment, so that particles of a liquid in the upper compartment can only reach the lower compartment if they pass through the at least one filter element, the upper compartment of the receptacle having an opening for receiving a liquid including particles.
Ohmura et al. disclose an apparatus and method for isolating and recovering cells comprising a filtering device (2) utilizing a housing/receptacle (22) for containing at least one filter element/member (211) so as to divide the receptacle (22), in the direction of the top surface of the at least one filter element (211), into an upper compartment and, in the direction of the bottom surface of the at least one filter element (211), into a lower compartment (Figures 1-3), so that particles of a liquid (blood) in the upper compartment can only reach the lower compartment if they pass through the at least one filter element (col. 7, lines 13-40), the upper compartment of the receptacle (22) having an opening (2211) for receiving a liquid including particles (col. 9, lines 9-13, col. 11, lines 20 and 32-38; and Figures 1-3). Modifying Asahi Glass with a receptacle to hold the at least one filter element would have been obvious to one of ordinary skill in the art at the time of filing the invention as a means of containing the liquid to be filtered by the at least one filter element so as to minimize messes and contamination.
With respect to the limitation of claim 17, the combination (Asahi Glass) further that the means for changing the pore diameter of the pores of the at least one filter element is suitable for exerting a force on the at least one filter element, which is either directed from the center of a surface of the at least one filter element toward the edges of this surface of the at least one filter element, or in an opposite direction (application of a voltage to comb-shaped actuators (30) joined to four sides of the membrane (20) stretch/deform the membrane (20) in four directions causing the through holes (21) to expand along with the deformation of the membrane (20) – paragraph [0027] and Figure 2).
With respect to the limitations of claim 20, the combination (Asahi Glass) discloses that wherein the means for changing the pore width of the pores (21) of the at least one filter element (20)
i) comprises an electrical voltage source (42) (power supply (42) is electrically connected to the comb-shaped actuator (30) – Figure 1); and
ii) comprises at least one electrically conductive layer, optionally at least two electrically conductive layers, the electrical voltage source is connected to the at least one electrically conductive layer (power supply (42) is electrically connected to the comb-shaped actuator (30) – Figure 1), optionally to the at least two electrically conductive layers, in an electrically conducting manner, and the at least one electrically conductive layer is arranged at the side surface of the filter element (comb-shaped actuators (30) are located on the side surfaces of the membrane (20)), wherein the electrical voltage source is suitable for exerting a compression force or tensile force on the at least one electrically conductive layer (application of a voltage to comb-shaped actuators (30) joined to four sides of the membrane (20) stretch/deform the membrane (20) in four directions causing the through holes (21) to expand along with the deformation of the membrane (20) – paragraph [0027] and Figure 2), optionally the at least two electrically conductive layers, by way of a change of the electrical voltage, so that the pores of the filter element are compressed or expanded (an increase in the electrical voltage causes the pores (21) of the membrane to expand and a decrease in the voltage causes the pores to compress – paragraph [0027]).
With respect to the limitation of claim 21, the combination (Asahi Glass) discloses that the device comprises a control unit which is configured to control the means for changing the pore diameter of the pores of the filter element (control unit controls the power supply (42) that is electrically connected to the comb-shaped actuators (30) used to change the pore diameter of the pores (21) of the filter/membrane element (20) - paragraphs [0011], [0022], and [0027]).
With respect to the limitation of claim 22, the combination (Asahi Glass) discloses that the control unit is configured in such a way that
i) a centrifugal speed of a centrifuge of the means for changing the pore diameter of the pores of the filter element is changed; and/or
ii) an electrical voltage of a voltage source of the means for changing the pore diameter of the pores of the filter element is changed (control unit controls the power supply (42) that is electrically connected to the comb-shaped actuators (30) used to change the pore diameter of the pores (21) of the filter/membrane element (20) - paragraphs [0011], [0022], and [0027]); and/or
iii) the pore diameter of the pores of the filter element is changed in a range of 100 nm to 100 um (the hole diameter of the through holes (21) of the membrane (20) are preferably equal to or less than 100 um, more preferably equal to or less than 5 um, and particularly preferably equal to or less than 0.2 um (paragraph [0012]), such that the expansion of the through holes (21) would reasonably stay within the claimed diameter); and/or
iv) the pore diameter of the pores of the filter element is incrementally changed, automatically over time or manually by input(s) of a user of the device, to a larger diameter (application of a voltage to comb-shaped actuators (30) joined to four sides of the membrane (20) stretch/deform the membrane (20) in four directions causing the through holes (21) to expand along with the deformation of the membrane (20) – paragraph [0027] and Figure 2).
With respect to the limitation of claim 23, the combination (Ohmura et al.) discloses that the device includes "n" further filter elements, which are arranged on the at least one filter element in the direction of the upper compartment of the receptacle and which in each case have through-pores having a defined pore diameter, the defined pore diameter of the n filter elements being larger than the defined pore diameter of the at least one filter element and being larger for each of the n filter elements the closer the respective filter element is located in the direction of the upper compartment of the receptacle (filter housing (22) contains a plurality of filter membranes (211) each having through pores having defined pore diameters, which can be manipulated to allow fluid to pass while capturing cells – col. 7, lines 13-67 and Figures 1-3. Additionally, utilizing membranes having different pore diameters is well within the purview of one of ordinary skill in the art as a means of increasing the filtering ability of the filtering device (2)).
With respect to the limitation of claim 24, the combination (Ohmura et al.) discloses that n is an integer > 2 (filter housing (22) contains a plurality of filter membranes (211)- Figures 1-3).
With respect to the limitation of claim 25, the combination (Asahi Glass) further discloses that the at least one filter element
i) comprises fibers that have through-pores; and/or
ii) comprises an elastic material having through-pores (Asahi Glass – membrane/film (20) made of an elastic body having through holes (21) – paragraph [0012]);
iii) comprises an electroactive material having through-pores;
iv) comprises a piezoelectric material having through-pores;
v) comprises a material that is selected from the group consisting of silicone elastomer, thermoplastic elastomer, magnetorheological elastomer, piezoelectric elastomer, thermoplastic urethane, and combinations thereof (Asahi Glass – elastic body include thermoplastic elastomers, such as silicone-based thermoplastic elastomers, urethane rubbers – paragraph [0013]); and/or
vi) comprises a composite material; and/or
vii) comprises a woven fabric or knitted fabric; and/or
viii) comprises a solid foam; and/or
ix) has an expansion from the top side thereof to the bottom side thereof of > 250 tm.
With respect to the limitation of claim 28, the combination (Ohmura et al.) further discloses that the lower compartment (2221) of the receptacle (22) of the device comprises a means for withdrawing liquid from the lower compartment (lower housing (2221) is provided with a drain/opening to remove liquid from the filtering device (2) – Figure 1).
With respect to the limitation of claim 29, the combination (Ohmura et al.) further discloses that the receptacle is selected from the group consisting of centrifuge tubes, blood collection syringes, blood donation bags, culture bags for the biotechnological production of pharmaceuticals, bioreactor for biotechnological production, sample vessel, culture vessel, and combinations thereof (filtering device (2) comprises a housing (222) that acts a sample vessel – Figure 1).
With respect to the limitation of claim 30, the combination (Ohmura et al.) further discloses that the particles are selected from the group consisting of vesicles, virus particles, and biological cells (lymphocytes are collected, which are biological cell as they are present in blood – col. 11, lines 32-38).
With respect to the limitation of claim 31, the combination further discloses that
providing a device according to claim 16; b) adjusting the pore diameter of the pores of the filter element of the device so that either no particles or only particles up to a desired particle diameter pass through the filter element (filter elements (211) have a desired pore size to allow certain particles to pass); c) filling the upper compartment of the receptacle of the device with a liquid containing particles having differing sizes (upper compartment (2211) of the receptacle (22) of the device (2) with a liquid (blood) containing particles having differing sizes); d) moving the liquid through the filter element (filtration); e) isolating the liquid, which optionally contains passed particles, from the lower compartment of the receptacle of the device; f) increasing the pore diameter of the pores of the filter element of the device so that particles up to a desired pore diameter can pass through the filter element (filter elements are engaged to change the pore diameter of the elements to allow particles up to a desired pore diameter to pass through the filter element); g) optionally filling the upper compartment of the receptacle of the device with a liquid that does not contain any particles; h) moving the liquid through the filter element (filtration using a larger pore size within the filter elements occurs); i) isolating the liquid, including the passed particles, from the lower compartment of the receptacle of the device (particles are collected); j) optionally dissolving a reversible bond of particles to a coating of at least one filter element of the device; and k) optionally repeating steps g) to j) until all particles of the liquid are present in separate liquids, separated according to size.
With respect to the limitations of claim 32, the combination (Ohmura et al.) further discloses that the pore diameter of the pores of the filter element is increased by at least one of the following steps:
i) increasing a centrifugal speed of a centrifuge of the means for changing the pore diameter of the pores of the filter element; and
ii) decreasing an electrical voltage of a voltage source of the means for changing the pore diameter of the pores of the filter element (increasing electrical voltage to change the pore diameter is functionally equivalent to decreasing an electrical voltage. Both result in the same functionality, which would be obvious to one of ordinary skill in the art at the time of the invention).
With respect to the limitation of claim 33, the combination (Ohmura et al.) further discloses that includes
i) isolating one or more blood cell fractions from blood (lymphocytes are isolated from blood); and/or
ii) isolating bacterial cells from blood; and/or
iii) isolating exosomes from blood, serum or bio-suspensions; and/or
iv) isolating tissue cells from mixed tissue cell fractions; and/or
v) isolating cells from mixed cell suspensions originating from bioreactors.
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 18-19 and 26-27 because the prior art of record fails to teach and/or make obvious the following:
Claim 18: Providing a device for separating differently sized particles in a liquid, comprising: means for changing the pore width of the pores of the at least one filter element i) comprises a centrifuge; and ii) includes at least one body that is connected to an outer side of the at least one side surface of the at least one filter element in a force-fit manner, optionally includes at least two bodies, each of which is connected to an outer side of two opposing side surfaces of the at least one filter element in a force-fit manner, the at least one body being suitable for exerting a compression force or tensile force on the at least one side surface of the at least one filter element by way of a change of the rotational speed of the centrifuge, so that the pores of the at least one filter element are compressed or expanded in combination with all of the limitations of the base claim.
Claim 19: Providing a device for separating differently sized particles in a liquid, comprising: means for changing the pore width of the pores of the at least one filter element i) comprises a centrifuge; and ii) includes at least one body which is arranged at the top side of the at least one filter element and/or in the at least one filter element, and the at least one body being suitable for exerting a compression force or tensile force on the pores of the at least one filter element by way of a change of the rotational speed of the centrifuge, so that the pores of the filter element are compressed or expanded in combination with all of the limitations of the base claim.
Claims 26-27: Providing a device for separating differently sized particles in a liquid, wherein the least one filter element of the device comprises a coating that is suitable for reversibly binding particles of a liquid in combination with all of the limitations of the base claim.
Conclusion
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/DANIEL S LARKIN/Primary Examiner, Art Unit 2855