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 § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-8 are rejected under 35 U.S.C. 102(a)(1) based upon a public use or sale or other public availability of the invention. The instant invention is anticipated by Katano et al. (US20230417781A1).
Regarding Claim 1, Katano et al. teaches a control method for an automatic analyzer (See the Abstract, the multi-stream liquid chromatograph mass spectrometer, and Claim(s) 1-6 in [0010], [0029]-[0038], [0046]-[0057], in Fig. 1-7), the automatic analyzer (Illustrated in Fig. 1) including:
a pretreatment unit executing pretreatment of a sample (See the pretreatment system 102 in [0030] in Fig. 1);
a separation unit executing a separation process of separating the sample using plural kinds of solvent by a liquid chromatograph including plural analysis flow passages arranged to be parallel to each other, the sample being processed by the pretreatment unit (See how the multi-stream liquid chromatograph mass spectrometer includes: a pretreatment system 102 that purifies a sample by pretreating a specimen, a streams 103/107/111, a liquid chromatograph switching valve 115 that dispenses the sample obtained by the pretreatment system 102 to the streams 103/107,/111 in [0029]-[0038] in Fig. 1);
a detection unit detecting the sample separated by the separation unit (See the detector flow path switching valve 116, and the detector 117 in [0030],[0035] in Fig. 1); and
a control unit controlling the pretreatment unit, the separation unit, and the detection unit (See the control unit 101 in [0030] in Fig. 1), wherein an analysis schedule is prepared in the control unit before execution of an analysis, and the sample is analyzed based on the analysis schedule prepared (See the analysis schedule created by the control unit 101 in [0010], [0039]-[0045] in Fig. 1-2),
the control method for an automatic analyzer (See Fig. 4-5 in Claim(s) 1-6) comprising steps of:
determining which one of the plural analysis flow passages is to be used in introducing plural separation processes using solvents whose kind is different from each other with a time lag relative to one another (See in Claim 1 and S1 in Fig. 4 in [0010], [0050], [0070]);
comparing a solvent used in a next separation process executed at timing after starting the plural separation processes determined to be introduced with a time lag relative to one another with each of the solvents used in the plural separation processes determined to be introduced with a time lag relative to one another (See S2 in Fig. 4 in [0054]);
determining whether or not a solvent substitution process is required for the analysis flow passage used in the plural separation processes (See S3 in Fig. 4 in [0050]-[0054]; Also, see the stream definition screens in [0063]-[0075] in Fig. 6-7); and
determining an analysis flow passage used in the next separation process out of the plural analysis flow passages according to the determination whether or not the solvent substitution process is required, to prepare the analysis schedule the analysis schedule. (See S4-5 in Fig. 4 in [0039]-[0075]; Also, see the analysis item switching buttons 701, eluent switching buttons 702, column switching buttons 703, initial stream switching buttons 704, and substitute stream switching buttons 705 in [0072] in Fig. 7).
Regarding Claim(s) 2-3, Katano et al. teaches the method limitation of Claim 1.
Katano et al. teaches a control method for an automatic analyzer (See the Abstract, the multi-stream liquid chromatograph mass spectrometer, and Claim(s) 1-6 in [0010], [0029]-[0038], [0046]-[0057], in Fig. 1-7), comprising wherein an analysis flow passage used in the next separation process out of the plural analysis flow passages is an analysis flow passage where the solvent substitution process is determined not to be required (See in [0051] in Fig. 4);
determining whether or not a solvent substitution process is required for the analysis flow passage used in the plural separation processes (See in [0048]-[0051] in Fig. 4); and
when the solvent substitution process is determined to be required for all of the analysis flow passages, determining an analysis flow passage where a cycle required for the solvent substitution process is minimum out of the plural analysis flow passages as an analysis flow passage used in the next separation process (See in [0051]-[0057] in Fig. 4; Also, see the stream definition screens in [0063]-[0075] in Fig. 6-7).
Regarding Claim 4, Katano et al. teaches the method limitation of Claim 1.
Katano et al. teaches a control method for an automatic analyzer (See the Abstract, the multi-stream liquid chromatograph mass spectrometer, and Claim(s) 1-6 in [0010], [0029]-[0038], [0046]-[0057], in Fig. 1-7), wherein the analysis schedule (See the analysis schedule created by the control unit 101 in [0010], [0039]-[0045] in Fig. 1-2) includes: a first scheduling method of determining that an analysis flow passage to be used in the next separation process out of the plural analysis flow passages is an analysis flow passage determined not to require the solvent substitution process (See in [0048]-[0051], [0063]-[0075] in Fig. 2-7 in Fig. 2-4); and
a second scheduling method of determining that an analysis flow passage used in the next separation process out of the plural analysis flow passages is an analysis flow passage where a separation process is determined to be completed earliest out of separation process completion timing of an analysis flow passage determined not to require the solvent substitution process and separation process completion timing of an analysis flow passage determined to require the solvent substitution process (See in [0052]-[0075] in Fig. 1-7), and
the automatic analyzer includes an input/output device, and either of the first scheduling method and the second scheduling method is selected by the input/output device (See the stream definition screens in n [0063]-[0075] in Fig. 6-7).
Regarding Claim 5, Katano et al. teaches an automatic analyzer (See the Abstract, the multi-stream liquid chromatograph mass spectrometer, and Claim(s) 1-6 in [0010], [0029]-[0038], [0046]-[0057], in Fig. 1-7), comprising:
a pretreatment unit executing pretreatment of a sample (See the pretreatment system 102 in [0030] in Fig. 1);
a separation unit executing a separation process of separating the sample using plural kinds of solvent by a liquid chromatograph including plural analysis flow passages arranged to be parallel to each other, the sample being processed by the pretreatment unit (See how the multi-stream liquid chromatograph mass spectrometer includes: a pretreatment system 102 that purifies a sample by pretreating a specimen, a streams 103/107/111, a liquid chromatograph switching valve 115 that dispenses the sample obtained by the pretreatment system 102 to the streams 103/107,/111 in [0029]-[0038] in Fig. 1);
a detection unit detecting the sample separated by the separation unit (See the detector flow path switching valve 116, and the detector 117 in [0030],[0035] in Fig. 1); and
a control unit controlling the pretreatment unit, the separation unit, and the detection unit (See the control unit 101 in [0030] in Fig. 1), wherein an analysis schedule is prepared in the control unit before execution of an analysis, and the sample is analyzed based on the analysis schedule prepared (See the analysis schedule created by the control unit 101 in [0010], [0039]-[0045] in Fig. 1-2),
wherein an analysis schedule is prepared in the control unit before execution of an analysis, and the sample is analyzed based on the analysis schedule prepared (See the analysis schedule created by the control unit 101 in [0010], [0039]-[0045] in Fig. 1-2), and
the control unit determines which one of the plural analysis flow passages is to be used in introducing plural separation processes using solvents whose kind is different from each other with a time lag relative to one another (See in Claim 1 and S1 in Fig. 4 in [0010], [0050], [0070]), compares a solvent used in a next separation process executed at timing after starting the plural separation processes determined to be introduced with a time lag relative to one another and each of the solvents used in the plural separation processes determined to be introduced with a time lag relative to one another (See S2 in Fig. 4 in [0054]), determines whether or not a solvent substitution process is required for the analysis flow passage used in the plural separation processes (See S3 in Fig. 4 in [0050]-[0054]; Also, see the stream definition screens in [0063]-[0075] in Fig. 6-7), determines an analysis flow passage used in the next separation process out of the plural analysis flow passages according to the determination whether or not the solvent substitution process is required, and prepares the analysis schedule (See S4-5 in Fig. 4 in [0039]-[0075]; Also, see the analysis item switching buttons 701, eluent switching buttons 702, column switching buttons 703, initial stream switching buttons 704, and substitute stream switching buttons 705 in [0072] in Fig. 6-7).
Regarding Claim(s) 6-7, Katano et al. teaches the device limitation of Claim 5.
Katano et al. teaches an automatic analyzer (See the Abstract, the multi-stream liquid chromatograph mass spectrometer, and Claim(s) 1-6 in [0010], [0029]-[0038], [0046]-[0057], in Fig. 1-7), wherein the control unit determines that an analysis flow passage used in the next separation process out of the plural analysis flow passages is an analysis flow passage where the solvent substitution process is determined not to be required (See in [0051] in Fig. 4);
wherein the control unit determines whether or not a solvent substitution process is required for the analysis flow passage used in the plural separation processes (See in [0048]-[0051] in Fig. 4), and, when the solvent substitution process is determined to be required for all of the analysis flow passages, determines an analysis flow passage where a cycle required for the solvent substitution process is minimum out of the plural analysis flow passages as an analysis flow passage used in the next separation process (See in [0051]-[0057] in Fig. 4; Also, see the stream definition screens in [0063]-[0075] in Fig. 6-7).
Regarding Claim 8, Katano et al. teaches the device limitation of Claim 5.
Katano et al. teaches an automatic analyzer (See the Abstract, the multi-stream liquid chromatograph mass spectrometer, and Claim(s) 1-6 in [0010], [0029]-[0038], [0046]-[0057], in Fig. 1-7), wherein the analysis schedule (See the analysis schedule created by the control unit 101 in [0010], [0039]-[0045] in Fig. 1-2) includes: a first scheduling method of determining that an analysis flow passage to be used in the next separation process out of the plural analysis flow passages is an analysis flow passage determined not to require the solvent substitution process (See in [0048]-[0051], [0063]-[0075] in Fig. 2-7); and
a second scheduling method of determining that an analysis flow passage used in the next separation process out of the plural analysis flow passages is an analysis flow passage where a separation process is determined to be completed earliest out of separation process completion timing of an analysis flow passage determined not to require the solvent substitution process and separation process completion timing of an analysis flow passage determined to require the solvent substitution process (See in [0052]-[0075] in Fig. 1-7), the automatic analyzer includes an input/output device, and the control unit prepares the analysis schedule according to a scheduling method in which either of the first scheduling method and the second scheduling method is selected by the input/output device (See the stream definition screens in n [0063]-[0075] in Fig. 6-7).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following prior art teaches similar devices and methods: Fujita (US11821879B2), Marks (US20130014566A1), and Maekawa (US20210223218A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRITNEY N WASHINGTON whose telephone number is (703)756-5959. The examiner can normally be reached Monday-Friday 7:00am - 3:30pm CT.
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/BRITNEY N. WASHINGTON/Examiner, Art Unit 1797
/JENNIFER WECKER/Primary Examiner, Art Unit 1797