DETAILED ACTION
This detailed action is in response to the application filed on October 19, 2023 and any subsequent filings.
Claims 1-3 are pending.
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.
Claims 2-3 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth 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.
Regarding Claims 2 and 3, the liquid storage container, supply pipe, circulation pipe, and flow passage switching valve the applicant refers to each duplicate of the features listed prefaced with “another” or “other” renders the claim indefinite, as it is unclear to the Examiner.
For example, “liquid supply device includes another liquid storage container configured to store the liquid to be supplied to the liquid delivery device, another supply pipe configured to connect the supply pipe between the liquid delivery device and the flow passage switching valve and the other liquid storage container, another circulation pipe configured to connect the intermediate portion of the supply pipe and the other liquid storage container and return the liquid delivered through the other supply pipe to the other liquid storage container, another flow passage switching valve provided on a connection portion between the other supply pipe and the other circulation pipe, and configured to selectively switch between a liquid delivery state in which the other liquid storage container side.”
For Claims 2 and 3, Applicant may amend the claim(s) to clearly define which feature of the liquid chromatograph that is referred to in the Claims.
Claim Interpretation
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. For the purposes of examination, the Examiner will consider “another or other liquid storage container”, as referring to “liquid storage container 211,” “another or other supply pipe,” as referring to “supply pipe 212,” “another or other circulation pipe”, as referring to “circulation pipe 214,” and “another or other flow passage switching valve”, as referring to “flow passage switching valve 216.”
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Akieda, et al., U.S. Patent No. 20240201144 A1 ("Akieda"), in view of Abe, et al., U.S. Patent No. 20230324347 A1 ("Abe").
Regarding Claim 1, Akieda discloses a liquid chromatograph (liquid chromatograph 100, Akieda, paragraph 35), comprising: a separation column (separation column 106, Akieda, paragraph 35) incorporating a stationary phase (Akieda, paragraph 4); a liquid delivery device (liquid feeding device 104, Akieda, paragraph 35) configured to deliver a liquid, which is a mobile phase, to the separation column (separation column 106, Akieda, paragraph 35); a sample injection device (sample injection portion 105, Akieda, paragraph 35) configured to inject a sample to be analyzed into the liquid delivered from the liquid delivery device to the separation column (separation column 106, Akieda, paragraph 35); a liquid supply device (storage bottle 102 that is provided on the upstream part of the liquid feeding device 104 and stores the mobile phase, a monitoring sensor 109 that detects the remaining amount of the mobile phase in the storage bottle 102, a mobile phase supply bottle 101 that stores the mobile phase in order to supply the mobile phase to the storage bottle 102, Akieda, paragraph 36, Figure 1) configured to supply the liquid to the liquid delivery device (liquid feeding device 104, Akieda, paragraph 35); and a control device (control unit 111, Akieda, paragraph 36) configured to control operations of the liquid delivery device and the liquid supply device, where the liquid supply device includes a liquid storage container (storage bottle 102, Akieda, paragraph 36) configured to store the liquid to be supplied to the liquid delivery device, configured to connect the liquid delivery device (liquid feeding device 104, Akieda, paragraph 35) and the liquid storage container (storage bottle 102, Akieda, paragraph 36) to return the liquid delivered to the liquid storage container (storage bottle 102, Akieda, paragraph 36), and configured to selectively switch between a liquid delivery state on a liquid storage container (storage bottle 102, Akieda, paragraph 36) side, a bubble detection device (bubble detection sensor 303, Akieda, paragraph 50) between the liquid storage container (storage bottle 102, Akieda, paragraph 36) and a circulation liquid delivery device (supply pump 103, Akieda, paragraph 36) to perform a circulation liquid delivery by the circulation liquid delivery device (supply pump 103, Akieda, paragraph 36), to the liquid delivery state when the bubbles of the liquid are not detected by the bubble detection device (bubble detection sensor 303, Akieda, paragraph 50).
Akieda does not teach a circulation pipe configured to connect an intermediate portion of the supply pipe through the supply pipe a flow passage switching valve provided on a connection portion between the supply pipe and the circulation pipe, in which the supply pipe and the supply pipe on the liquid delivery device side communicate with each other and a circulation state in which the supply pipe and the circulation pipe on a liquid storage container side communicate with each other provided on the supply pipe and the flow passage switching valve and configured to detect presence or absence of bubbles of the liquid delivered through the supply pipe. The circulation pipe configured to deliver the liquid from a flow passage switching valve side to a liquid storage side, and the control device is configured to switch the flow passage switching valve to the circulation state and switch the flow passage switching valve.
Abe teaches a circulation pipe (main flow path 23, Abe, paragraph 228, Figure 11) configured to connect an intermediate portion of the supply pipe (flow path 21, Abe, paragraph 168, Figure 11) through the supply pipe (flow path 21, Abe, paragraph 168, Figure 11) a flow passage switching valve (first switch valve 13, Abe, paragraph 228) provided on a connection portion between the supply pipe (flow path 21, Abe, paragraph 168, Figure 11) and the circulation pipe (main flow path 23, Abe, paragraph 228, Figure 11), in which the supply pipe (flow path 21, Abe, paragraph 168, Figure 11) and the supply pipe (flow path 25, Abe, paragraph 231, Figure 11) on the liquid delivery device side communicate with each other and a circulation state in which the supply pipe (flow path 21, Abe, paragraph 168, Figure 11). The circulation pipe (main flow path 23, Abe, paragraph 228, Figure 11) on a liquid storage container side communicate with each other provided on the supply pipe (flow path 21, Abe, paragraph 168, Figure 11) and the flow passage switching valve (first switch valve 13, Abe, paragraph 228) and is configured to detect presence or absence of bubbles of the liquid delivered through the supply pipe (flow path 21, Abe, paragraph 168, Figure 11), provided on the circulation pipe (main flow path 23, Abe, paragraph 228, Figure 11) and configured to deliver the liquid from a flow passage switching valve (first switch valve 13, Abe, paragraph 228) side to a liquid storage container side. The control device (control unit 32, Abe, paragraph 235, Figure 11) is configured to switch the flow passage switching valve (first switch valve 13, Abe, paragraph 228, Figure 11) to the circulation state and switch the flow passage switching valve (first switch valve 13, Abe, paragraph 228, Figure 11).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to combine the references of Akieda with the reference of Abe because the invention of Abe falls within the same field of innovation regarding a liquid chromatograph. One of ordinary skill in the art prior to the effective filing date of the claimed invention would be motivated to combine these two inventions because adding the limitations of Abe improves detection accuracy through using the pumps, pipes and switching valves to transport the fluid to be separate the fluid into components so that unwanted components are not introduced to the detector (Abe, paragraph 19).
Claim 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Akieda, et al., U.S. Patent No. 20240201144 A1 ("Akieda"), in view of Abe, et al., U.S. Patent No. 20230324347 A1 ("Abe"), Harada, et al., U.S. Patent No. 20240094236 A1 ("Harada"), International Publication No. WO 2019003481 A1 ("Toshiki"), in further view of, “Automatic device for injection and multiple column switching in high-performance liquid chromatography.” Ramsteiner, et al ("Ramsteiner"), The machine translation for Toshiki is used in this office action in regards to claim mapping and a copy of the machine translation used is attached in this office action.
Regarding claim 2, paragraphs 15-19 in the office action discuss the references from Akieda and Abe, and the motivation of combining the references to achieve invention of claim 1. The combination of references does teach a liquid chromatograph (liquid chromatograph 100, Akieda, paragraph 35) where the liquid supply device, another supply pipe (flow path 27, Abe, paragraph 228, Figure 11) configured to connect the supply pipe (flow path 27, Abe, paragraph 228, Figure 11) configured to connect the intermediate portion of the supply pipe (flow path 27, Abe, paragraph 228, Figure 11) and return the liquid delivered through the other supply pipe (flow path 21, Abe, paragraph 168, Figure 11) to the other liquid storage container (storage bottle 102, Akieda, paragraph 36), provided on a connection portion between the other supply pipe (flow path 27, Abe, paragraph 228, Figure 11) and the other supply pipe (flow path 27, Abe, paragraph 228, Figure 11) on the liquid delivery device side communicate with each other and a circulation state in which the other supply pipe (flow path 27, Abe, paragraph 228, Figure 11) on the other liquid storage container side communicate with each other. Another bubble detection device (detector 31, Abe, paragraph 228, Figure 11) provided on the other supply pipe (flow path 27, Abe, paragraph 228, Figure 11) configured to detect presence or absence of bubbles of the liquid delivered through the other supply pipe (flow path 27, Abe, paragraph 228, Figure 11), the supply pipe (flow path 21, Abe, paragraph 168, Figure 11) and the other supply pipe (flow path 27, Abe, paragraph 228, Figure 11), and configured to selectively switch between a first liquid delivery state in which the supply pipe (flow path 21, Abe, paragraph 168, Figure 11) on the liquid storage container (storage bottle 102, Akieda, paragraph 36) side and the supply pipe (flow path 21, Abe, paragraph 168, Figure 11) on the liquid delivery device side communicate with each other and a second liquid delivery state in which the other supply pipe (flow path 27, Abe, paragraph 228, Figure 11) and the supply pipe (flow path 21, Abe, paragraph 168, Figure 11) on the liquid delivery device side communicate with each other, where the control device (control unit 32, Abe, paragraph 235, Figure 11) is configured to control the second liquid delivery state when a remaining amount of the liquid stored in the liquid storage container (storage bottle 102, Akieda, paragraph 36) is detected to be less than a predetermined amount.
The combination of references does not teach includes another liquid storage container configured to store the liquid to be supplied to the liquid delivery device between the liquid delivery device and the flow passage switching valve, the other liquid storage container, and another circulation pipe. The other liquid storage container, another flow passage switching valve, the other circulation pipe is configured to selectively switch between a liquid delivery state in which the other liquid storage container side and the other circulation pipe between the other liquid storage container, the other flow passage switching valve, and another circulation liquid delivery device provided on the other circulation pipe, configured to deliver the liquid from the other flow passage switching valve side. The other liquid storage container side and liquid delivery flow passage switching valve provided on a connection portion between on the other liquid storage container side in a case where the liquid delivery flow passage switching valve is in the first liquid delivery state.
Toshiki teaches another liquid storage container (liquid containers 2a, Toshiki, paragraph 20, Figure 1) configured to store the liquid to be supplied to the liquid delivery device (pumps 6a, Toshiki, paragraph 20, Figure 1), the other liquid storage container (liquid containers 2a, Toshiki, paragraph 20, Figure 1), and another circulation pipe (pipes 4a, Toshiki, paragraph 20, Figure 1).
Harada teaches a flow passage switching valve (solenoid valve 112, Harada, paragraph 25, Figure 1) and a liquid delivery flow passage switching valve (solenoid valve 110, Harada, paragraph 25, Figure 1) provided on in a case where the liquid delivery flow passage switching valve (solenoid valve 110, Harada, paragraph 25, Figure 1) is in the first liquid delivery state, switch the liquid delivery flow passage switching valve (solenoid valve 110, Harada, paragraph 25, Figure 1).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to combine the references of Akieda and Abe with the references of Toshiki because the invention of Toshiki falls within the same field of innovation regarding a liquid chromatograph. One of ordinary skill in the art prior to the effective filing date of the claimed invention would be motivated to combine these two inventions because the pump, pipe, and storage container added of Toshiki improves the detection accuracy through using pumps and pipes to transport the fluid to be separate the fluid into components so that unwanted components are not introduced to the detector (Abe, paragraph 19). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to combine the references of Akieda, Abe, and Toshiki with the references of Harada because the invention of Harada falls within the same field of innovation regarding a liquid chromatograph. One of ordinary skill in the art prior to the effective filing date of the claimed invention would be motivated to combine these two inventions because the switching valve added of Toshiki improves the accuracy of column switching through using pumps, pipes, and switching valves (Ramsteiner, Abstract).
Regarding claim 3, paragraphs 15-19 in the office action discuss the references from Akieda and Abe, and the motivation of combining the references to achieve invention of claim 1. Paragraphs 20-25 in the office action discuss the references from Akieda, Abe, Toshiki, and Harada, and the motivation of combining the references. The combination of references from Akieda, Abe, Toshiki, and Harada discloses another supply pipe (flow path 27, Abe, paragraph 228, Figure 11) configured to connect the flow passage switching valve (solenoid valve 112, Harada, paragraph 25, Figure 1) and the other liquid storage container (liquid containers 2a, Toshiki, paragraph 20, Figure 1), another circulation pipe (pipes 4a, Toshiki, paragraph 20, Figure 1) configured to connect the flow passage switching valve (solenoid valve 112, Harada, paragraph 25, Figure 1) and the other liquid storage container (liquid containers 2a, Toshiki, paragraph 20, Figure 1) and return the liquid delivered through the other supply pipe (flow path 27, Abe, paragraph 228, Figure 11) to the other liquid storage container (liquid containers 2a, Toshiki, paragraph 20, Figure 1), another bubble detection device (detector 31, Abe, paragraph 228, Figure 11) provided on the other supply pipe (flow path 27, Abe, paragraph 228, Figure 11) between the other liquid storage container (liquid containers 2a, Toshiki, paragraph 20, Figure 1) and the flow passage switching valve (solenoid valve 112, Harada, paragraph 25, Figure 1). The detector detects the presence or absence of bubbles of the liquid delivered through the other supply pipe (flow path 27, Abe, paragraph 228, Figure 11), and another circulation liquid delivery device (pump 6a, Toshiki, paragraph 20, Figure 1) provided on the other circulation pipe (pipes 4a, Toshiki, paragraph 20, Figure 1) and configured to deliver the liquid from the flow passage switching valve (solenoid valve 112, Harada, paragraph 25, Figure 1) side to the other liquid storage container side (liquid containers 2a, Toshiki, paragraph 20, Figure 1), where the flow passage switching valve (first switch valve 13, Abe, paragraph 228) is capable of selectively switching between a first liquid delivery circulation state in which the liquid storage container (storage bottle 102, Akieda, paragraph 36) side and the supply pipe (flow path 21, Abe, paragraph 168, Figure 11) on the liquid delivery device (supply pump 103, Akieda, paragraph 36) side to communicate with each other. The other supply pipe (flow path 27, Abe, paragraph 228, Figure 11) on the other liquid storage container (liquid containers 2a, Toshiki, paragraph 20, Figure 1) side and the other circulation pipe (pipes 4a, Toshiki, paragraph 20, Figure 1) communicate with each other and a second liquid delivery circulation state in which the other supply pipe (flow path 27, Abe, paragraph 228, Figure 11) and the supply pipe (flow path 21, Abe, paragraph 168, Figure 11) on the liquid delivery device side communicate with each other and the supply pipe (flow path 21, Abe, paragraph 168, Figure 11) on the liquid storage container (storage bottle 102, Akieda, paragraph 36) side and the circulation pipe (main flow path 23, Abe, paragraph 228, Figure 11) communicate with each other. The control device (control unit 32, Abe, paragraph 235, Figure 11) is configured to, in a case where the flow passage switching valve (first switch valve 13, Abe, paragraph 228) is in the first liquid delivery circulation state, switch the flow passage switching valve (first switch valve 13, Abe, paragraph 228) to the second liquid delivery circulation state when a remaining amount of the liquid stored in the liquid storage container (storage bottle 102, Akieda, paragraph 36) is detected to be less than a predetermined amount.
Conclusion
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/DeMarkus Jerrell Hodge/Examiner, Art Unit 1779
/Bobby Ramdhanie/Supervisory Patent Examiner, Art Unit 1779