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 .
Election/Restrictions
Applicant’s election without traverse of the species embodied in claims 8-14 in the reply filed on 06 January 2026 is acknowledged.
Claims 1-7, 9-10, and 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06 January 2026.
NOTE: The merits of claims 9 and 10 have not been addressed in this action as they depend from withdrawn claim 1.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 15 September 2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to because of the following:
Figures 2A and 3A: The figure shows a plurality of features/indicators that are not numbered/identified.
- an oval in the lower right section of the fractionator;
- a circle with a smaller circle in the lower middle section of fractionator;
- a series of circles/ports in the upper middle section of fractionator; and
- an upward facing arrow in the central middle section of the fractionator.
Figure 4B: The lead line representing the frit (352) appears to be pointing to the bottom plate assembly (370) rather than an area between the assembly (370) and the membrane (350).
Figure 4B: This figure shows an arrow located at the bottom of the figure that is not numbered/labeled.
Figure 5: Numbers, letters, and reference characters must be at least .32 cm (1/8 inch) in height. See 37 C.F.R. 1.84(p)(3).
- The text used in the figure is too small.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
Reference numeral – 110 – does not appear within Figure 1 as first suggested by the disclosure in paragraph [0033], line 1.
Reference numeral – 208 – does not appear within Figure 2A as first suggested by the disclosure in paragraph [0038], line 2.
Reference numeral – 224 – does not appear within Figure 2A as first suggested by the disclosure in paragraph [0041], line 5.
Reference numeral – 500 – does not appear within Figure 6B as first suggested by the disclosure in paragraph [0061], line 1.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the feature(s) canceled from the claim(s).
Providing a continuous field flow fractionator comprising a second membrane and a second frit in combination with all of the remaining limitations of claim 1
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Paragraph [0039], line 2: The term – inlet – should be inserted prior to the term “ports.”
Paragraph [0039], line 4: The term – inlet – should be inserted after the second occurrence of the term “flow.”
Paragraph [0040], line 1: A – comma – should be inserted after the term “features.”
Paragraph [0040], line 3: A – comma – should be inserted after reference numeral “210.”
Paragraph [0040], line 7: A – hyphen – should be inserted between the second occurrence of the terms “cross” and “flow.”
Paragraph [0041], line 6: The term – inlet – should replace the second occurrence of the term “outlet.”
Paragraph [0044], line 2: A – hyphen – should be inserted between the terms “cross” and “flow.”
Paragraph [0046], line 2: A – period – should be inserted after the abbreviation “FIG.”
Paragraph [0047], line 2: The article – a – should be inserted prior to the term “large”; and a – hyphen – should be inserted between the terms “cross” and “flow.”
Paragraph [0047], line 3: A – comma – should be inserted after the abbreviation “i.e.”
Paragraph [0051], line 2: The article – the – should be inserted after the term “with.”
Paragraph [0051], line 4: The first and third occurrence of reference numeral “308” should be corrected to read – 309 --.
Paragraph [0053], line 2: Reference numeral – 322 – should replace numeral “320” as this numeral is used to represent a set of particles.
Paragraph [0053], line 12: The term – injected – should replace the term “inject.”
Paragraph [0054], line 8: The term – port – should be inserted after the term “outlet.”
Paragraph [0055], line 5: Reference numerals – 414a – and – 414b – should replace the numerals “416a, 416b”, respectively.
Paragraph [0055], line 6: Reference numerals – 416a – and – 416b – should replace the numerals “414a, 414b”, respectively.
Paragraph [0056], line 1: The numeral “4” should be spelled out as whole numbers less than ten should be spelled out.
Paragraph [0056], line 2: The numeral “5” should be spelled out as whole numbers less than ten should be spelled out.
Paragraph [0058], line 2: The second occurrence of the term “outlet” should be corrected to read – inlet – as the flow (524) indicates in Figure 6A.
Paragraph [0058], line 5: The term – orthogonal – should replace the first occurrence of the term “outlet.”
Paragraph [0059], lines 1 and 4: The term – inlet – should be inserted after the term “flow.”
Paragraph [0060], line 1: A – comma – should be inserted after the term “features.”
Paragraph [0060], line 2: A – comma – should be inserted after reference numeral “510.”
Paragraph [0061], line 4: The term – of – should replace the term “fo.”
Paragraph [0061], line 6: A – hyphen – should be inserted between the second occurrence of the terms “cross” and “flow.”
Paragraph [0061], lines 7 and 9: A – hyphen – should be inserted between the terms “cross” and “flow.”
Paragraph [0062], line 4: The term – ports – should replace the term “port.”
Paragraph [0062], line 7: Reference numeral – 550 – should be inserted after the term “particles.”
Paragraph [0064], line 3: A – period – should be inserted after the abbreviation “FIG.”
Paragraph [0064], line 4: The term – sample – should be inserted prior to the term “outlet.”
Paragraph [0065], line 2: A – hyphen – should be inserted between the terms “cross” and “flow.”
Paragraph [0066], lines 1-2 : A – hyphen – should be inserted between the terms “cross” and “flow.”
Paragraph [0066], line 5: The term – outlet ports – should replace the term “outlets.”
Paragraph [0067], line 1: A – hyphen – should be inserted between the terms “cross” and “flow.”
Paragraph [0067], line 2: The figure designation – 7C – should replace the designation “7B.”
Paragraph [0068], line 2: A – hyphen – should be inserted between the terms “cross” and “flow.”
Paragraph [0068], line 4: The phrase – sample outlet ports – should replace the term “outlets.”
Paragraph [0070], line 1: The designation -- , FIG. 7B, -- should be inserted prior to the term “shows.”
Paragraph [0070], line 1: A – hyphen – should be inserted between the terms “cross” and “flow.”
Paragraph [0070], lines 2 and 4: Reference numeral – 550 – should be inserted after the term “particles.”
Paragraph [0071], line 1: The designation -- , FIG. 7C, -- should be inserted prior to the term “shows.”
Paragraph [0071], line 2: A – hyphen – should be inserted between the terms “cross” and “flow.”
Paragraph [0071], lines 2 and 3: Reference numeral – 550 – should be inserted after the term “particles.”
Paragraph [0071], line 4: Reference numeral – 542 – should be inserted after the term “membrane.”
Paragraph [0072], line 1: The designation -- , FIG. 7D shows, -- should be inserted prior to the term “solvent”; and a – hyphen – should be inserted between the terms “cross” and “flow.”
Paragraph [0072], lines 2-4: Reference numeral – 550 – should be inserted after the term “particles.”
Paragraph [0072], line 2: The term – pinning – should replace the term “pining.”
Paragraph [0072], lines 3 and 5: Reference numeral – 540 – should be inserted after the term “membrane.”
Paragraph [0077], line 2: Should the figure designation “7B” be corrected to read – 7D – as Figures 7C and 7D also show switching states of the CFFF?
Paragraph [0077], line 4: A – hyphen – should be inserted between the terms “cross” and “flow.”
Paragraph [0079], line 2: A – hyphen – should be inserted between the terms “cross” and “flow.”
Paragraph [0089], lines 2 and 6: A – comma – should be inserted prior to the term “such.”
Paragraph [0089], line 4: A – comma – should be inserted prior to the term “that.”
Paragraph [0089], line 7: A – comma – should be inserted after the last closed parenthesis.
Appropriate correction is required.
Claim Objections
Claims 8 and 11-14 are objected to because of the following informalities:
Re claim 8, claim line 14: The article – a – should be inserted prior to the term “solvent” and “sample.”
Re claim 8, claim line 15: The article – a – should be inserted prior to the term “solvent.”
Re claim 8, claim line 16: The article – the – should be inserted prior to the term “solvent.”
Appropriate correction is required.
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 14 is 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.
Re claim 14, claim line 2: The term “proximate” is a relative term which renders the claim indefinite. The term “proximate” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear from the disclosure how far the solvent outlet port can be from the sample outlet port and still be deemed proximate to each other.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Prior art was not relied upon to reject claims 8 and 11-14 because the prior art of record fails to teach and/or make obvious a continuous field flow fractionator comprising: a top plate assembly including: a hold port; a first membrane; a first frit; a second membrane; and a second frit in combination with all of the remaining limitations of the claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The prior art disclose various field flow fractionators.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL SEAN LARKIN whose telephone number is 571-272-2198. The examiner can normally be reached M-F 9:00 AM - 5:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Laura Martin can be reached at 571-272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL S LARKIN/Primary Examiner, Art Unit 2855