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 § 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.
Claim 20 recites the limitation “a second selector valve in fluid communication with said second plurality of pre-calibrated flow modules”. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102/103
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 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.
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.
Claim(s) 1-10, 16 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over US 5240603 to Frank.
Regarding Claim 1, Frank discloses a system for adjusting flow rate of at least one mobile phase delivered to a liquid chromatography (LC) column (Figs. 1-3 and 10, nozzle assembly 108/216 with plurality of static restrictors 114 for flow control to liquid chromatograph 510; Col. 8, line 28 – Col. 11, line 36, Col. 13, line 24 – Col. 15, line 37), comprising: a first plurality of pre-calibrated flow modules each configured to receive a first mobile phase at an inlet port thereof and to provide a pre-calibrated range of output flow rates of said first mobile phase at its outlet port (Figs. 1-3 and 10, nozzle assembly 108/216 with plurality of static restrictors 114 each having a flow setpoint and disposed between and connected to two multiple port valves 115,116 that selectively connect the pressurized fluid stream from cylinders 100 to one of the static restrictors 114; Col. 8, line 28 – Col. 11, line 36, Col. 13, line 24 – Col. 15, line 37), wherein said first plurality of flow modules are configured to provide different ranges of output flow rates of said first mobile phase (Figs. 1-3 and 10, nozzle assembly 108/216 with plurality of static restrictors 114 for different flow rates; Col. 8, line 28 – Col. 11, line 36, Col. 13, line 24 – Col. 15, line 37), and a first selector valve in fluid communication with said first plurality of pre-calibrated flow modules for selecting from among said first plurality of pre-calibrated flow modules for selective delivery of said first mobile phase to said LC column, thereby adjusting the flow rate of the first mobile phase delivered to said LC column (Figs. 1-3 and 10, nozzle assembly 108/216 with plurality of static restrictors 114 disposed between and connected to two multiple port valves 115,116 that selectively connect the pressurized fluid stream from cylinders 100 to one of the static restrictors 114 for flow control to liquid chromatograph 510; Col. 8, line 28 – Col. 11, line 36, Col. 13, line 24 – Col. 15, line 37).
Regarding Claim 2, Frank discloses a first container for storing said first mobile phase, said first container being in fluid communication with said first plurality of pre-calibrated flow modules for delivering said first mobile phase thereto (Figs. 1-3 and 10, nozzle assembly 108/216 with plurality of static restrictors 114 disposed between and connected to two multiple port valves 115,116 that selectively connect the pressurized fluid stream from cylinders 100; Col. 8, line 28 – Col. 11, line 36, Col. 13, line 24 – Col. 15, line 37).
Regarding Claim 3, Frank discloses a first pump for delivering said first mobile phase from said first container to said first plurality of flow modules (Figs. 1-3 and 10, nozzle assembly 108/216 with plurality of static restrictors 114 that selectively connect the pressurized fluid stream from cylinders 100 via pump 102/202; Col. 8, line 28 – Col. 11, line 36, Col. 13, line 24 – Col. 15, line 37).
Regarding Claim 4, Frank discloses a controller for adjusting a speed of said first pump for tuning the flow rate of said first mobile phase delivered to said first plurality of the flow modules (Figs. 1-3 and 10, nozzle assembly 108/216 with plurality of static restrictors 114 that selectively connect the pressurized fluid stream from cylinders 100 via pump 102/202 controlled by pump controller 103; Col. 8, line 28 – Col. 11, line 36, Col. 13, line 24 – Col. 15, line 37).
Regarding Claim 5, Frank discloses said first selector valve comprises a first plurality of inlet ports each of which is in fluid communication with an outlet port of one of said first plurality of flow modules and a first outlet port through which the first mobile phase exits the first selector valve (Figs. 1-3 and 10, nozzle assembly 108/216 with plurality of static restrictors 114 disposed between and connected to two multiple port valves 115,116; Col. 8, line 28 – Col. 11, line 36, Col. 13, line 24 – Col. 15, line 37).
Regarding Claim 6, Frank discloses a second plurality of pre-calibrated flow modules each configured to receive a second mobile phase at an inlet port thereof and to provide a pre-calibrated range of output flow rates of said second mobile phase at its outlet port (Figs. 1-3 and 10, nozzle assembly 108/216 with others of the plurality of static restrictors 114 each having a flow setpoint and disposed between and connected to two multiple port valves 115,116 that selectively connect the pressurized fluid stream from another of cylinders 100 to one of the static restrictors 114; Col. 8, line 28 – Col. 11, line 36, Col. 13, line 24 – Col. 15, line 37), wherein said second plurality of flow modules are configured to provide different ranges of output flow rates of said second mobile phase relative to the flow rates provided by said first plurality of flow modules for the first mobile phase (Figs. 1-3 and 10, nozzle assembly 108/216 with others of the plurality of static restrictors 114 each having a flow setpoint and disposed between and connected to two multiple port valves 115,116 that selectively connect the pressurized fluid stream from another of cylinders 100 to one of the static restrictors 114 for different flow rates; Col. 8, line 28 – Col. 11, line 36, Col. 13, line 24 – Col. 15, line 37).
Regarding Claim 7, Frank discloses a second container for storing said second mobile phase, said second container being in fluid communication with said second plurality of pre-calibrated flow modules for delivering said second mobile phase thereto (Figs. 1-3 and 10, nozzle assembly 108/216 with plurality of static restrictors 114 disposed between and connected to two multiple port valves 115,116 that selectively connect the pressurized fluid stream from two or more cylinders 100; Col. 8, line 28 – Col. 11, line 36, Col. 13, line 24 – Col. 15, line 37).
Regarding Claim 8, Frank discloses said first selector valve is fluidly coupled to said second plurality of pre-calibrated flow modules for selecting from among said second plurality of flow modules for delivery of the second mobile phase to said LC column, thereby adjusting the flow rate of the second mobile phase delivered to said LC column (Figs. 1-3 and 10, nozzle assembly 108/216 with others of the plurality of static restrictors 114 each having a flow setpoint and disposed between and connected to two multiple port valves 115,116 that selectively connect the pressurized fluid stream from another of cylinders 100 to one of the static restrictors 114 for different flow rates; Col. 8, line 28 – Col. 11, line 36, Col. 13, line 24 – Col. 15, line 37).
Regarding Claim 9, Frank discloses a second pump for delivering said second mobile phase from said second container to said second plurality of flow modules (Figs. 1-3 and 10, nozzle assembly 108/216 with plurality of static restrictors 114 that selectively connect the pressurized fluid stream from cylinders 100 via pump 102/202 and further pumps; Col. 8, line 28 – Col. 11, line 36, Col. 13, line 24 – Col. 15, line 37, Col. 22, line 64 – Col. 23, line 12).
Regarding Claim 10, Frank discloses said controller is configured to adjust a speed of said second pump for tuning the flow rate of said second mobile phase (Figs. 1-3 and 10, nozzle assembly 108/216 with plurality of static restrictors 114 that selectively connect the pressurized fluid stream from cylinders 100 via pump 102/202 and further pumps controlled by pump controller 103; Col. 8, line 28 – Col. 11, line 36, Col. 13, line 24 – Col. 15, line 37, Col. 22, line 64 – Col. 23, line 12).
Regarding Claim 16, Frank discloses a first pressure sensor disposed between said first pump and said first plurality of fluid flow modules for measuring fluid pressure delivered to said first plurality of fluid flow modules (Figs. 1-3 and 10, pressure transducer 112 between nozzle assembly 108/216 with plurality of static restrictors 114 and pump 102/202; Col. 8, line 28 – Col. 11, line 36, Col. 13, line 24 – Col. 15, line 37).
Regarding Claim 20, Frank discloses a second selector valve in fluid communication with said second plurality of pre-calibrated flow modules for selecting from among said second plurality of pre-calibrated flow modules for selective delivery of said second mobile phase to said LC column (Figs. 1-3 and 10, nozzle assembly 108/216 with others of the plurality of static restrictors 114 each having a flow setpoint and disposed between and connected to two multiple port valves 115,116 that selectively connect the pressurized fluid stream from another of cylinders 100 to one of the static restrictors 114 for different flow rates; Col. 8, line 28 – Col. 11, line 36, Col. 13, line 24 – Col. 15, line 37).
Claim(s) 11-15 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Frank as applied to claim 8 above, and further in view of US 20090205409 to Ciavarini.
Regarding Claim 11, Frank discloses the system of claim 8, but is silent regarding said second pump is configured to provide a different dynamic range of fluid flow rate than a dynamic range of fluid flow rate provided by said first pump. Ciavarini discloses said second pump is configured to provide a different dynamic range of fluid flow rate than a dynamic range of fluid flow rate provided by said first pump (Figs. 1 and 2-5, pumps 115a, 115b with control means 125/225 which establishes bulk flow to the instrument 211 (Set Flow) and compositional solvent ratios (% A and % B) through two flow controllers 250A, 250B for each solvent pump 235A, 235B setting appropriate motor velocity signal, which drives the necessary pump volumetric flow rate (Qpa, Qpb) into the instrument 211 so that the reference flow (Qr) is satisfied; ¶¶ [0081]-[0087], [0120]-[0126]). It would have been obvious to one of ordinary skill in the art before the effective filing of the application to modify the invention of Frank by providing said second pump is configured to provide a different dynamic range of fluid flow rate than a dynamic range of fluid flow rate provided by said first pump as in Ciavarini in order to provide for greater stability in maintaining gradient flow of solvents differing in compressibility.
Regarding Claim 12, Ciavarini discloses said controller is configured to adjust a speed of any of said first and said second pump to change dynamically during run-time a flow rate of fluid delivered to said LC column (Figs. 1 and 2-5, pumps 115a, 115b with control means 125/225 which establishes bulk flow to the instrument 211 (Set Flow) and compositional solvent ratios (% A and % B) through two flow controllers 250A, 250B for each solvent pump 235A, 235B setting appropriate motor velocity signal, which drives the necessary pump volumetric flow rate (Qpa, Qpb) into the instrument 211 so that the reference flow (Qr) is satisfied; ¶¶ [0081]-[0087], [0120]-[0126]).
Regarding Claim 13, Frank discloses said first selector valve comprises a first plurality of inlet ports each of which is in fluid communication with an outlet port of one of said first plurality of flow modules and a first outlet port through which the first mobile phase exits said first selector valve (Figs. 1-3 and 10, nozzle assembly 108/216 with plurality of static restrictors 114 disposed between and connected to two multiple port valves 115,116 that selectively connect the pressurized fluid stream from cylinders 100 to one of the static restrictors 114 for flow control to liquid chromatograph 510; Col. 8, line 28 – Col. 11, line 36, Col. 13, line 24 – Col. 15, line 37).
Regarding Claim 14, Frank discloses said first selector valve further comprises a second plurality of inlet ports each of which is in fluid communication with an outlet port of one of said second plurality of flow modules to receive said second mobile phase and further comprises a second outlet port through which the second mobile phase exits the selector valve (Figs. 1-3 and 10, nozzle assembly 108/216 with others of the plurality of static restrictors 114 each having a flow setpoint and disposed between and connected to two multiple port valves 115,116 that selectively connect the pressurized fluid stream from another of cylinders 100 to one of the static restrictors 114 for different flow rates; Col. 8, line 28 – Col. 11, line 36, Col. 13, line 24 – Col. 15, line 37).
Regarding Claim 15, Ciavarini discloses a mixing element having a first inlet port for receiving said first mobile phase and a second inlet port for receiving said second mobile phase to generate a mixed mobile phase (Figs. 1 and 4-5, outputs of the pumps 115a/215a, 115b/215b flow into a tee fitting 123/223 via conduit means 117a-117g with restrictors 240A, 240B where solvent A and solvent B come together at the tee fitting 123 to form a mixture; ¶¶ [0085]-[0088], [0114]-[0117]); said mixing element having an outlet port for delivering said mixed mobile phase to said LC column (Figs. 1 and 4-5, tee fitting 123/223 output mixture to one or more separation columns 167, 265, 267; ¶¶ [0085]-[0088], [0114]-[0117]), whereas Frank discloses the mobile phases exit from said first outlet port of the first selector valve (Figs. 1-3 and 10, nozzle assembly 108/216 with plurality of static restrictors 114 disposed between and connected to two multiple port valves 115,116 that selectively connect the pressurized fluid stream from cylinders 100 to one of the static restrictors 114 for flow control to liquid chromatograph 510; Col. 8, line 28 – Col. 11, line 36, Col. 13, line 24 – Col. 15, line 37).
Regarding Claim 17, Ciavarini discloses a second pressure sensor disposed between said second pump and said fluid flow modules for measuring fluid pressure delivered to said second plurality of fluid flow modules (Figs. 1 and 4-5, pressure transducer 131b between pump 115b and flow transducer 133b and/or pressure transducer 231B between pump 215B and flow transducer 233B and restrictor of conduit 240B; ¶¶ [0085]-[0088], [0114]-[0117]), whereas Frank discloses said second plurality of fluid flow modules (Figs. 1-3 and 10, nozzle assembly 108/216 with plurality of static restrictors 114 disposed between and connected to two multiple port valves 115,116; Col. 8, line 28 – Col. 11, line 36, Col. 13, line 24 – Col. 15, line 37).
Claim(s) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Frank in view of Ciavarini as applied to claim 14 above, and further in view of US 5630706 to Yang.
Regarding Claim 18, Frank in view of Ciavarini discloses the system of claim 14, but does not disclose a third pressure sensor disposed between the outlet ports of any of said first and said second plurality of fluid flow modules and said mixing element for measuring pressure of fluid delivered from any of said first and said second plurality of flow modules to said mixing element. Yang discloses a third pressure sensor disposed between the outlet ports of any of said fluid flow modules and said mixing element for measuring pressure of fluid delivered from any of said flow modules to said mixing element (Figs. 1 and 8, pressure transducers 161, 163, 165, 167 for sensing the pressure in tubing interfaces 151, 153, 155, 157 upstream of mixing unit 170 and downstream of pulse dampening means 160, 162, 164, 166; Col. 5, line 57 – Col. 7, line 17), whereas Frank discloses said fluid flow modules are a first and said second plurality of fluid flow modules (Figs. 1-3 and 10, nozzle assembly 108/216 with plurality of static restrictors 114 disposed between and connected to two multiple port valves 115,116; Col. 8, line 28 – Col. 11, line 36, Col. 13, line 24 – Col. 15, line 37). It would have been obvious to one of ordinary skill in the art before the effective filing of the application to modify the invention of Frank in view of Ciavarini by providing a third pressure sensor disposed between the outlet ports of any of said first and said second plurality of fluid flow modules and said mixing element for measuring pressure of fluid delivered from any of said first and said second plurality of flow modules to said mixing element as in Yang in order to provide for greater stability in maintaining gradient flow of solvents.
Regarding Claim 19, Yang discloses said second pump is configured to provide a dynamic range of fluid flow that is different than a dynamic range of fluid flow provided by said first pump (Figs. 1 and 8, piston modules dimensioned to provide flow rates in a plurality of different flow rate ranges; Col. 11, lines 45-58).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J BOLDUC whose telephone number is (571)270-1602. The examiner can normally be reached M-F, 10am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Walter Lindsay, Jr. can be reached at (571) 272-1672. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID J BOLDUC/Primary Examiner, Art Unit 2852