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.
Claims 12-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim 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.
Claim 12 recites the limitation "the closure mechanism" in line 2. There is insufficient antecedent basis for this limitation in the claim. The Applicants are advised, amending the claim to depend on Claim 11 (which positively recites “a closure mechanism”) is one way to resolve the indefiniteness issues.
Claim 12 recites the limitations "the hollow part" in lines 2 and 3. There is insufficient antecedent basis for this limitation in the claim. The Applicants are advised, amending the claim to depend on Claim 11 (Claim 10 further defines the plunger being “hollow for at least the respective part of its length”) is one way to resolve the indefiniteness issues.
Claim 13 recites the limitation "the closure mechanism" in line 2. There is insufficient antecedent basis for this limitation in the claim. The Applicants are advised, amending the claim to depend on Claim 11 (which positively recites “a closure mechanism”) is one way to resolve the indefiniteness issues.
Appropriate corrections are required.
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.
Claim(s) 1-9, 12, 14, 16, and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mazurik et al. (USP 5,534,285).
Regarding claim 1, Mazurik discloses a liquid handling device based on air displacement principle (Fig. 1, 3, 5, 6), comprising:
a cavity comprising a first chamber (see: volume within central channel 8) and a second chamber (see: volume within syringe body 1), and
a plunger movable inside the cavity, to apply a vacuum or pressure inside the cavity (see: piston 10),
wherein the first chamber is configured to provide a first dosing volume range or a first dosing volume (see: graduation of 0.05 ml on piston rod 4),
wherein the second chamber together with the first chamber is configured to provide a second dosing volume range or a second dosing volume (see: graduation of 1ml on syringe body 1), which is larger than the first dosing volume range or the first dosing volume (see: diameter of the volume within syringe body 1 is larger than the diameter of the volume within central channel 8), respectively,
wherein said first chamber and said second chamber are connected by a closable fluid connection (see: opening in first piston element 2 which provides fluid communication between central channel 8 and the syringe body 1, which is sealable by the second piston element 3 when the piston rod 5 is actuated), and
wherein said fluid connection is provided through said plunger (see: opening in first piston element 2 extends through the central axis of the piston 10).
Regarding claim 2, Mazurik further discloses the first dosing volume range or the first dosing volume is configured to be available for use when the fluid connection is closed (see: liquid contained in central channel 8 can only be expelled from the syringe when the piston rod 5 is actuated, moving the fluid out of the central channel 8 and closing the opening in first piston element 2).
Regarding claim 3, Mazurik further discloses the second dosing volume range or the second dosing volume is configured to be available for use when the fluid connection is open (see: liquid contained in syringe body 1 can be expelled from the syringe by actuating the piston rod 4 while the piston rod 5 is not pressed, thereby keeping the opening in first piston element 2 open)
Regarding claim 4, Mazurik further discloses the first chamber and the second chamber are cylinder shaped (see: central channel 8 and syringe body 1 are cylindrical).
Regarding claim 5, Mazurik further discloses the second chamber has a larger diameter than the first chamber (see: diameter of the volume within syringe body 1 is larger than the diameter of the volume within central channel 8).
Regarding claim 6, Mazurik further discloses the plunger is sealed against inner surfaces of the cavity (see: outer edges of first piston element 2 are in contact with the inner walls of syringe body 1).
Regarding claim 7, Mazurik further discloses the plunger is sealed against inner surfaces of the second chamber via a flange arranged around the circumference of the plunger (see: outer edges of first piston element 2 are in contact with the inner walls of syringe body 1).
Regarding claim 8, Mazurik further discloses said plunger is hollow for at least a part of its length, and said hollow part provides said closable fluid connection between the first and the second chamber, or at least a part of said closable fluid connection (see: volume within central channel 8 and opening in first piston element 2 which provides fluid communication between central channel 8 and the syringe body 1).
Regarding claim 9, Mazurik further discloses at least part of the length of the plunger, from its lower end upwards, is hollow (see: volume within central channel 8 and opening in first piston element 2 which provides fluid communication between central channel 8 and the syringe body 1).
Regarding claim 12, Mazurik further discloses the closure mechanism comprises a rod inside the hollow part of the plunger (see: piston rod 5), and wherein the rod is movable up and down within the hollow part to open and respectively close the fluid connection (see: opening in first piston element 2 which provides fluid communication between central channel 8 and the syringe body 1, which is sealable by the second piston element 3 when the piston rod 5 is actuated).
Regarding claim 14, Mazurik further discloses the liquid handling device is a hand-held pipette (see: injection syringe).
Regarding claim 16, Mazurik further discloses the liquid handling device is a single-channel or a multi-channel liquid handling device (see: injection syringe).
Regarding claim 18, Mazurik discloses a liquid handling device (Fig. 1, 3, 5, 6)3, comprising:
a cavity comprising a first chamber (see: volume within central channel 8) and a second chamber (see: volume within syringe body 1), the first chamber having a first volume and the second chamber having a second volume larger than the first volume (see: diameter of the volume within syringe body 1 is larger than the diameter of the volume within central channel 8), and
a plunger configured to move inside the cavity in order to apply a vacuum or a pressure inside said cavity (see: piston 10), thereby to aspirate or respectively dispense liquid into/from a tip attached to a lower open end of the cavity (see: injection needle 6 coupled to the conical holding device 7),
wherein said first chamber and said second chamber are connected by a closable fluid connection (see: opening in first piston element 2 which provides fluid communication between central channel 8 and the syringe body 1, which is sealable by the second piston element 3 when the piston rod 5 is actuated).
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.
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mazurik et al. (USP 5,534,285), in view of Antoshkiw (USP 4,188,949).
Regarding claim 10, Mazurik further discloses the fluid connection comprises a channel extending inside the plunger from it’s lower end, as a result of which the plunger is hollow for at least the respective part of its length (Fig. 1, 3, 5, 6, see: volume within central channel 8 and opening in first piston element 2 which provides fluid communication between central channel 8 and the syringe body 1).
Mazurik does not explicitly disclose the channel extending up to an opening in its lateral wall.
Antoshkiw teaches an analogous sequential injection syringe (Fig. 2A-E) comprising a first chamber (20) and second chamber (19) fluidically coupled by fluidic path extending from a lower face of plunger (18) to a channel (17) which opens through a sidewall of the fluidic path extending through the plunger. It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to reposition the analogous fluid connection to a lateral wall of the analogous channel of the device disclosed by Mazurik, as taught by Antoshkiw, since it has been held that rearranging parts of an invention involves only routine skill in the art while the device having the claimed dimensions would not perform differently than the prior art device, In re Japikse, 86 USPQ 70.
Regarding claim 11, modified Mazurik further discloses a closure mechanism configured to open and close said opening in the lateral wall of the plunger (Antoshkiw: Fig. 2A-E, see: plunger 16 fluidically actuates channel 17).
Claim(s) 13 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mazurik et al. (USP 5,534,285), in view of Tajima et al. (US 2019/0224666 A1, cited in IDS filed 01/05/2024).
Regarding claims 13 and 15, Mazurik does not explicitly disclose the closure mechanism is actuated by an electric motor, wherein the liquid handling device is an automated liquid handling station.
Tajima teaches an analogous dispensing device (Fig. 6) comprising a plurality of automatically actuated dispensing cylinders (10), each actuated by a respective plunger (12) coupled to a driving motor (531). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to configure the syringes disclosed by Mazurik, to operate in a motorized and automated manner, as taught by Tajima, since it has been held that broadly providing a mechanical or automatic means to replace manual activity which has accomplished the same result involves only routine skill in the art. In re Venner, 120 USPQ 192 (CCPA 1958); In re Rundell, 9 USPQ 220 (CCPA 1931).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT J EOM whose telephone number is (571)270-7075. The examiner can normally be reached Monday-Friday (9:00AM-5:00PM).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lyle Alexander can be reached at 5712721254. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT J EOM/ Primary Examiner, Art Unit 1797
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