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 Status
Claims 1-6 are pending:
Claims 1-6 are rejected.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP 2021-072572 filed on 04/22/2021.
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.
Claims 1-3 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Nogami (WO 2020/175651).
The applied reference has a common inventor with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Regarding claim 1, Nogami teaches a chromatograph (column oven of analyzing device, see ABS) comprising:
a separation column (Fig. 1, column 102) that incorporates a stationary phase;
a column cartridge (Fig. 1, column cartridge 104) that accommodates the separation column and is detachably provided in a predetermined column installation position (see Figs. 6A-6B);
an upstream pipe (Fig. 1, pipe 208) that is detachably provided on the column cartridge (i.e. column cartridge 104) in a state of being installed at the column installation position (see Fig. 6C), and configured to supply a mobile phase to the separation column of the column cartridge (see Fig. 6C);
a downstream pipe (pipe 208 on the other side of cartridge 104) that is detachably provided on the column cartridge in a state of being installed at the column installation position, and configured to deliver the mobile phase that has passed through the separation column of the column cartridge (see Figs. 6C-6E); and
a cover (Fig. 1, 105A and 105B) that integrally covers the column installation position, the upstream pipe, and the downstream pipe to separate an inner side and an outer side of the cover from each other (see Figs. 1-2 and 6A-6E),
wherein the cover has an insertion hole that penetrates the cover and allows the column cartridge to be installed from the outer side of the cover to the column installation position (see black arrow in Fig. 6B which indicates the installing direction for cartridge 104 from an outer side to column installation position).
Regarding claim 2, Nogami teaches the chromatograph according to claim 1,
wherein the chromatograph includes a plurality of the column installation positions where a plurality of the column cartridges (Figs. 7-8, a plurality of columns 102) are capable of being installed, respectively, and
a plurality of the upstream pipes and a plurality of the downstream pipes that are detachably provided on the column cartridges in a state of being installed at the plurality of the column installation positions, respectively, the cover integrally covers the plurality of the column installation positions, the plurality of the upstream pipes, and the plurality of the downstream pipes to separate the inner side and the outer side of the cover from each other (each column will have upstream piping and downstream piping, similar to the column arrangement shown in Fig. 1 because each column is arranged in parallel and would require separate piping), and
the cover has a plurality of the insertion holes that penetrate the cover and allow the plurality of the column cartridges to be installed from the outer side of the cover to the plurality of the column installation positions (see black arrow in Fig. 6B which indicates the installing direction for cartridge 104 from an outer side to column installation position for a single column, see Fig. 3 of the row of columns and Fig. 7 of each column inserted in a cover system).
Regarding claim 3, Nogami teaches the chromatograph according to claim 1, further comprising: an upstream pipe movement mechanism configured to move the upstream pipe in an axial direction to attach and detach the upstream pipe to and from the column cartridge in the state of being installed at the column installation position; and a downstream pipe movement mechanism configured to move the downstream pipe in the axial direction to attach and detach the downstream pipe to and from the column cartridge in the state of being installed at the column installation position (see Fig. 6C which indicates with an arrow the axial movement of the pipes, see ¶65 which states that the movable portio 105B is moved from left to right in Fig. 6C).
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamazaki (JP S 50-150497).
Regarding claim 1, Yamazaki teaches a chromatograph (a liquid chromatography apparatus, see ¶2) comprising: a separation column (column 1) that incorporates a stationary phase (filler 2); a column cartridge (upper and lower covers 3,4 form the cartridge) that accommodates the separation column and is detachably provided in a predetermined column installation position (see Fig. 2); an upstream pipe (includes liquid guide channel 15) that is detachably provided on the column cartridge in a state of being installed at the column installation position, and configured to supply a mobile phase to the separation column of the column cartridge (see Fig. 3 and ¶3); a downstream pipe (includes liquid guide channel 16) that is detachably provided on the column cartridge in a state of being installed at the column installation position, and configured to deliver the mobile phase that has passed through the separation column of the column cartridge (see Fig. 3 and ¶3); and a cover (holder base 10) that integrally covers the column installation position, the upstream pipe, and the downstream pipe to separate an inner side and an outer side of the cover from each other, wherein the cover has an insertion hole that penetrates the cover and allows the column cartridge to be installed from the outer side of the cover to the column installation position (see Fig. 3).
Regarding claim 2, Yamazaki teaches the chromatograph according to claim 1, wherein the chromatograph includes a plurality of the column installation positions where a plurality of the column cartridges are capable of being installed (columns can be attached and detached extremely easily, see ¶2), respectively, and a plurality of the upstream pipes (includes channels 13 and 15, it is suggested that additional piping can be connected with additional columns in ¶2 and Fig. 3) and a plurality of the downstream pipes that are detachably provided on the column cartridges in a state of being installed at the plurality of the column installation positions, respectively, the cover integrally covers the plurality of the column installation positions, the plurality of the upstream pipes, and the plurality of the downstream pipes (includes channels 14 and 16, it is suggested that additional piping can be connected with additional columns in ¶2 and Fig. 3) to separate the inner side and the outer side of the cover from each other, and the cover (i.e. holder base 10) has a plurality of the insertion holes that penetrate the cover and allow the plurality of the column cartridges to be installed from the outer side of the cover to the plurality of the column installation positions (see Fig. 3).
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.
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.
Claims 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Yamazaki (JP S 50-150497) in view of Nakagawa (US 2019/0317061).
Regarding claim 3, Yamazaki teaches the chromatograph according to claim 1.
Yamazaki does not teach an upstream pipe movement mechanism configured to move the upstream pipe in an axial direction to attach and detach the upstream pipe to and from the column cartridge in the state of being installed at the column installation position; and a downstream pipe movement mechanism configured to move the downstream pipe in the axial direction to attach and detach the downstream pipe to and from the column cartridge in the state of being installed at the column installation position.
In a related field endeavor, Nakagawa teaches a column and exchange device (see ABS) teaches an upstream pipe movement mechanism configured to move the upstream pipe in an axial direction to attach and detach the upstream pipe to and from the column cartridge in the state of being installed at the column installation position; and a downstream pipe movement mechanism configured to move the downstream pipe in the axial direction to attach and detach the downstream pipe to and from the column cartridge in the state of being installed at the column installation position (motors 41 and 43 may be used to cause the entrance connecting part and the exit concocting part to be close to or apart from the column, attachment and detachment is possible by only one of the motor 41 and the motor 43 when the column can move to right and left, see ¶22 and Fig. 6).
Regarding claims 3-5, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device of Yamazaki by incorporating pipe movement devices as disclosed by Nakagawa because the connections can be automated and it allows for long-term operation (Nakagawa, see ¶9).
Regarding claim 4, Yamazaki teaches the chromatograph according to claim 1.
Yamazaki does not teach an upstream pipe movement mechanism configured to move the upstream pipe in an axial direction to attach and detach the upstream pipe to and from the column cartridge in the state of being installed at the column installation position, wherein the downstream pipe is connected to the column cartridge in association with the installation of the column cartridge at the column installation position via the insertion hole, and the upstream pipe is connected to the column cartridge by the upstream pipe movement mechanism thereafter.
In a related field endeavor, Nakagawa teaches a column and exchange device (see ABS) teaches an upstream pipe movement mechanism configured to move the upstream pipe in an axial direction to attach and detach the upstream pipe to and from the column cartridge in the state of being installed at the column installation position, wherein the downstream pipe is connected to the column cartridge in association with the installation of the column cartridge at the column installation position via the insertion hole, and the upstream pipe is connected to the column cartridge by the upstream pipe movement mechanism thereafter (motors 41 and 43 may be used to cause the entrance connecting part and the exit concocting part to be close to or apart from the column, attachment and detachment is possible by only one of the motor 41 and the motor 43 when the column can move to right and left, see ¶22 and Fig. 6).
Regarding claim 5, Yamazaki teaches the chromatograph according to claim 1.
Yamazaki does not teach a downstream pipe movement mechanism configured to move the downstream pipe in an axial direction to attach and detach the downstream pipe to and from the column cartridge in the state of being installed at the column installation position, wherein the upstream pipe is connected to the column cartridge in association with the installation of the column cartridge at the column installation position via the insertion hole, and the downstream pipe is connected to the column cartridge by the downstream pipe movement mechanism thereafter.
In a related field endeavor, Nakagawa teaches a column and exchange device (see ABS) teaches a downstream pipe movement mechanism configured to move the downstream pipe in an axial direction to attach and detach the downstream pipe to and from the column cartridge in the state of being installed at the column installation position, wherein the upstream pipe is connected to the column cartridge in association with the installation of the column cartridge at the column installation position via the insertion hole, and the downstream pipe is connected to the column cartridge by the downstream pipe movement mechanism thereafter (motors 41 and 43 may be used to cause the entrance connecting part and the exit concocting part to be close to or apart from the column, attachment and detachment is possible by only one of the motor 41 and the motor 43 when the column can move to right and left, see ¶22 and Fig. 6).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Yamazaki (JP S 50-150497) in view of Komori (JP 3-4165).
Regarding claim 6, Yamazaki teaches the chromatograph according to claim 1.
Yamazaki does not teach wherein the column cartridge includes a handle that protrudes outward from the insertion hole of the cover in the state of being installed at the column installation position.
In a related field of endeavor, Komori teaches a gas chromatograph cassette (see ABS) teaches wherein the column cartridge (cassette 2) includes a handle (handle 34) that protrudes outward from the insertion hole of the cover in the state of being installed at the column installation position (see Fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the column cartridge of Yamazaki by incorporating a handle as disclosed by Komori because it is the simple of a known handle device for the benefit of grasping when attaching and detaching the cassette (Komori, see ¶1).
Translations
Translation to prior art citations in this Office Action are provided in the IDSes filed 04/10/2025, 12/13/2023 and 10/12/2023.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EKANDRA S. MILLER-CRUZ whose telephone number is (571)270-7849. The examiner can normally be reached M-Th 7 am - 6 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin L. Lebron can be reached at (571) 272-0475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EKANDRA S. MILLER-CRUZ/ Primary Examiner, Art Unit 1773