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 .
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 (i.e., changing from AIA to pre-AIA ) 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.
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) 1-3, 9-18 and 30-32 is/are rejected under 35 U.S.C. 103 as being unpatentable over United States Application Publication No. 2017/0043346, hereinafter Welch in view of United States Application Publication No. 2015/0132841, hereinafter Sampson
Regarding claim 1, Welch teaches a support fixture (item 308) for chromatography columns (intended use MPEP § 2114 (II) and chromatography columns could be inserted into the openings) operated by a liquid handling robot (intended use MPEP § 2114 (II) and is taught in paragraph [0081]), the support fixture comprising: a frame (item 360) having at least one column stand (item 364) extending upward from a base (the bottom of item 360) of the frame and terminating at an upper portion (the top of item 360) (figures 25-27), the at least one column stand comprising a plurality of bores (item 364 and figures 25-27) extending vertically between the base and the upper portion of the at least one column stand (figures 25-27); a lid (item 306) movably attached to the upper portion of the at least one column stand (figures 25-27); wherein the lid (item 306) is movable between an open position configured to allow insertion of chromatography columns into the plurality of bores (figure 25) and a closed position configured to secure the chromatography columns in the plurality of bores (paragraph [0077]).
Welch fails to teach the lid includes a plurality of openings that axially align with the plurality of bores with the lid in the closed position.
Sampson teaches a vessel holder which has a cap that includes openings which contact the upper surface of each of the vessels and snap-fits on that provide access to the vessel so that material can be added or removed from the vessel (Sampson, paragraph [0052]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have replaced the lid of Welch with the lid of Sampson because it would allow for material to be added or removed from the containers (Sampson, paragraph [0052]).
Regarding claim 2, Welch teaches wherein the frame further comprises a seat portion (item 208) protruding into a lower section of the plurality of bores (figure 24) for supporting a bottom portion of the chromatography columns inserted in the plurality of bores (item 208 would be supporting the entire column and therefore also supporting the bottom).
Regarding claim 3, Welch teaches wherein the plurality of bores comprises a first set of bores disposed in a row across the at least one column stand (figures 25-27).
Regarding claim 9, Welch teaches wherein the upper portion of the at least one column stand (item 208) comprises a peripheral surface (the area of item 208 that surrounds each opening) that borders at least one bore of the plurality of bores (figure 24), the peripheral surface configured to support a collar of at least one of the chromatography columns inserted into the plurality of bores (paragraph [0070]).
Regarding claim 10, Welch teaches wherein the at least one bore (item 364) of the plurality of bores comprises a continuous interior surface extending between the peripheral surface and a seat portion disposed at a lower section of the at least one bore (figure 24).
Regarding claim 11, modified Welch teaches wherein the lid comprises a lower surface that surrounds at least one of the plurality of openings (the lower surface of the lid of Sampson), and wherein with the lid in the closed position, the lower surface is configured to contact the collar of at least one of the chromatography columns in the plurality of bores (see supra).
Regarding claim 12, modified Welch teaches wherein the lid is pivotally coupled at a hinge connection with the upper portion of the at least one column stand and is configured to pivot between the open and closed positions (Welch, figures 25-27 and Sampson, figures 17 and 18).
Regarding claim 13, modified Welch teaches wherein the lid comprises an engagement feature that snap-fits to the at least one column stand when the lid is moved to the closed position (see supra).
Regarding claim 14, Welch teaches the plurality of bores comprise 10 or fewer holders (paragraph [0092]).
The claimed range overlaps or falls within the prior art range; in cases where the claimed range overlaps or falls within the prior art range, a prima facie case of obviousness of the range exists. It would have been obvious to one having ordinary skill in the art to have selected the portion of the number of bores in the range that corresponds to the claimed range. See MPEP 2144.05(I).
Regarding claim 15, these limitations are directed to the function of the apparatus and/or the manner of operating the apparatus, all the structural limitations of the claim has been disclosed by Welch and Sampson and the apparatus of modified Welch is capable of holding chromatography columns with a volume of 200 or 600 pl. As such, it is deemed that the claimed apparatus is not differentiated from the apparatus of modified Welch (see MPEP §2114). Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to determine, through routine experimentation, the optimum size of the bores such that they would hold chromatography columns with a volume of 200 or 600 pl (MPEP § 2144.05 (II)).
Regarding claim 16, Welch teaches wherein the plurality of bores each comprise a bottom hole in the base of the frame (the bottom opening of item 364 as seen in figure 24) that is configured for liquid in the chromatography columns to dispense down through the bottom holes into a well plate disposed below the support fixture (intended use MPEP § 2114 (II) and opening would allow for liquid to be dispensed through), and wherein the bottom holes are each configured to receive a tip of a chromatography column (figure 24).
Regarding claim 17, Welch, as modified above, teaches all limitations of claim 1; however, Welch, as modified above, fails to teach wherein the plurality of bores each comprise a widened upper section in the at least one column stand, the widened upper section configured to prevent interference with labels or indicia disposed at an upper portion of the inserted chromatography columns.
Welch further teaches each passage has a slightly larger top opening and a slightly smaller lower end of the passage to make it easier to insert the holder into the passage (paragraph [0065]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have made the upper section of each bore have a widened upper section because it would make it easier to insert the holder into the passage (paragraph [0065]).
Regarding the limitation that the widened upper section configured to prevent interference with labels or indicia disposed at an upper portion of the inserted chromatography columns, these limitations are directed to the function of the apparatus and/or the manner of operating the apparatus, all the structural limitations of the claim has been disclosed by Welch and Sampson and the apparatus of modified Welch is capable of having the widened upper section not to interfere with labels or indicia. As such, it is deemed that the claimed apparatus is not differentiated from the apparatus of modified Welch (see MPEP §2114).
Regarding claim 18, Welch teaches wherein the frame comprises a mounting feature for attaching the support fixture to a worktable (figure 16, the frame is mounted to a worktable and therefore has a mounting feature).
Regarding claim 30, Welch teaches a support fixture (item 308) for chromatography columns (intended use MPEP § 2114 (II) and chromatography columns could be inserted into the openings) operated by a liquid handling robot (intended use MPEP § 2114 (II) and is taught in paragraph [0081]), the support fixture comprising: a first piece (item 360) and a second piece (item 306) pivotally connected to each other (paragraph [0077]); and a plurality of cylindrical cavities (item 364) extending within the support fixture (figure 24) and configured to hold the chromatography columns in a vertical orientation relative to a worktable of the liquid handling robot (intended use MPEP § 2114 (II) and item 364 would be capable of holding chromatography columns in a vertical direction as the bores are in the vertical direction); wherein with the first and second pieces of the support fixture pivoted relative to each other to an open position (figure 25), the cylindrical cavities are exposed for insertion or removal of the chromatography columns (figure 25); and wherein with the first and second pieces of the support fixture pivoted relative to each other to a closed position (paragraph [0077]).
Welch fails to teach wherein with the first and second pieces of the support fixture pivoted relative to each other to a closed position, an upper portion of the support fixture engages a collar of the chromatography column to secure the chromatography column in the support fixture.
Sampson teaches a vessel holder which has a cap that includes openings which contact the upper surface of each of the vessels and snap-fits on that provide access to the vessel so that material can be added or removed from the vessel (Sampson, paragraph [0052]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have replaced the lid of Welch with the lid of Sampson because it would allow for material to be added or removed from the containers (Sampson, paragraph [0052]).
Regarding claim 31, Welch teaches wherein the first piece of the support fixture comprises a frame (item 360) having a base (the bottom of item 360) and a column stand (item 364) extending upward from the base (figure 24), wherein the column stand comprises the plurality of cylindrical cavities (figure 24).
Regarding claim 32, modified Welch teaches wherein the second piece of the support fixture comprises a lid (see supra) pivotally attached to the upper portion of the column stand, the lid having a plurality of openings that axially align with the plurality of cylindrical cavities (see supra).
Claim(s) 4 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Welch and Sampson as applied to claim 3 above, and further in view of United States Application Publication No. 2014/0038192, hereinafter Buse.
Regarding claims 4 and 5, Welch and Sampson teach all limitations of claim 3; however, they fail to teach wherein the frame comprises a second column stand extending upward from the base and terminating at an upper portion, the second column stand comprising a second set of bores extending vertically between the base and the upper portion of the second column stand, and wherein the second set of bores are sized to support a different sized chromatography column than the first set of bores and a second lid movably attached to the upper portion of the second column stand, the second lid having a plurality of openings that axially align with the second set of bores with the second lid in a closed position.
Buse teaches a device which has multiple rows of holders with receptacles which allows for the automated processing of multiple of the samples at once (Buse, paragraph [0061]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have added a second column extending upward form the base with a second lid movably attached because it would allow for the automated processing of multiple samples at once.
Claim(s) 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Welch and Sampson as applied to claim 1 above, and further in view of WO 2013/135878, hereinafter Carrera.
Regarding claim 6, Welch teaches wherein the frame comprises a drainage reservoir (item 304) disposed adjacent to the at least one column stand (figure 24).
Welch and Sampson fail to teach the lid comprises a sloped surface descending from the plurality of openings toward the drainage reservoir to retain liquid that escapes a top opening of one of the chromatography columns in the plurality of bores.
Carrera teaches a test cartridge with lids which provide sloped surface to help drain any liquid within the device (Carrera, paragraph [0094]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have added a sloped surface which slopes from the openings to the drainage reservoir because it would help to drain any liquid within the device (Carrera, paragraph [0094]).
Regarding claim 7, Welch teaches wherein the upper portion of the at least one column stand comprises channels (where items 363 are) that extend from the plurality of bores toward the drainage reservoir (figure 24).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW D KRCHA whose telephone number is (571)270-0386. The examiner can normally be reached M-Th 7am-5pm.
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/MATTHEW D KRCHA/ Primary Examiner, Art Unit 1796