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 .
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 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.
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-10 & 14)
in the reply filed on 03/02/2026 is acknowledged. The Examiner confirms that claims 1-10 & 14 belong to Group I and are examined herein.
Claim(s) 11-13 and 15-20 was/were withdrawn by Applicant
, and said claim(s) remain withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Response to Amendment & Arguments
The amendments to the claims filed 03/02/2026 have been considered and entered. Applicant argued the amendments were for “minor informalities”, and that any references in the restriction requirement later cited in a substantive rejection would then be discussed. The Examiner acknowledges that the discussion thereof may in this instance be properly so delayed until receipt of this rejection, see also MPEP § 714.04.
Priority
US National Stage of PCT
Acknowledgment is made that this application is the US national phase of international application PCT/IB2022/054575 filed 05/17/2022 which designated the U.S. and claims the benefit of GB2107310.1 filed 05/21/2021.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 11/17/2023 & 08/01/2024 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the Examiner.
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the Applicant on an IDS or by the Examiner on form PTO-892, said references have not been considered.
Drawings
Figure(s) 1 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated and omission of the designation is misleading. See MPEP § 608.02(g) and PCT Guidelines Chapter 4.07. See comparative figures provided below which support the designation that only that which is old is illustrated:
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The drawings are objected to because unlabeled non-descriptive representations are impermissible under 37 CFR 1.83(a) which states (bold for emphasis):
(a) The drawing in a nonprovisional application must show every feature of the invention specified in the claims. However, conventional features disclosed in the description and claims, where their detailed illustration is not essential for a proper understanding of the invention, should be illustrated in the drawing in the form of a graphical drawing symbol or a labeled representation (e.g., a labeled rectangular box). In addition, tables that are included in the specification and sequences that are included in sequence listings should not be duplicated in the drawings.
The drawings are correspondingly objected to for failing to comply with PCT Rule 11 as catchwords are indispensable to the understanding of the unlabeled non-descriptive representations, wherein PCT Rule 11.11 Words in Drawings states (bold for emphasis):
(a) The drawings shall not contain text matter, except a single word or words, when absolutely indispensable, such as "water," "steam," "open," "closed," "section on AB," and, in the case of electric circuits and block schematic or flow sheet diagrams, a few short catchwords indispensable for understanding.
(b) Any words used shall be so placed that, if translated, they may be pasted over without interfering with any lines of the drawings.
Non-descriptive representation(s) “27”, “30”, 70”, “50”, & “60” in fig. 1 and “30” (single instance sufficient as on same page) in fig. 3 need (an) appropriate legend(s) in the form of descriptive text label(s) in addition to any reference character(s) already present. Empty or not labeled rectangular boxes and non-descriptive representations of features are not descriptive, and therefore incomplete. The Examiner emphasizes that the requested text matter is indispensable for proper understanding. The descriptive text labels should contain as few words as possible. See also 37 CFR 1.84(n) (conventional symbols), 1.84(o) (required descriptive legends), & 1.84(p) (standards for the text labels), MPEP 608.02(b)(II)(¶ 6.22) (“descriptive text label”), and MPEP Appendix T Rule 11.11. The Appropriate Correction is required.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “230” has been used to designate both “stator groove” and “stator” (see fig. 4A). See also PCT Rule 11.13(m). Relatedly, the drawings are objected to as failing to comply with 37 CFR 1.84(p)(5), and correspondingly for PCT 11.13(l), because fig. 4A does not include the following reference sign(s) mentioned in the description: “220”. The Examiner notes that in fig. 4A, the top instance appears to the Examiner to more properly be “[[230]] 220”.
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.
Claim Interpretation
The Examiner acknowledges the definition(s) in/on [0065]-[0076] of the originally filed specification. MPEP § 2111 states that “the specification must provide a clear and intentional use of a special definition for the claim term to be treated as having a special definition”. Where Applicant’s definitions are optional or non-limiting (e.g., use of “may”) the definitions are not considered special definitions and claim terms referencing such definitions will instead be considered under the broadest reasonable interpretation in view of the specification.
If Applicant wishes to provide further explanation or dispute the Examiner’s interpretation of the definitions or to identify missed definitions, Applicant should clearly identify the special definitions and corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action. Examples should be clearly delineated from required features.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Applicant cited Wachinger et al (US 20200166483 A1; hereafter “Wachinger”).
Regarding independent claim 1,
Wachinger teaches (figs. 1-7) ([0042]-[0048]) a switching unit (switching portion of sampler 10 comprising injection valve 3) configured for selectively fluidically coupling a sampling volume (sampling volume selectively within sample loop 51, 44, 52), a sampling drive (figs. 1-7, sample delivery device 5), a mobile phase drive (figs. 1-7, pump 40), and a separating device (figs. 1-7, chromatography column 41) (Title “SAMPLER FOR LIQUID CHROMATOGRAPHY”; Abstract; [0024] position names; [0021], groove details; [0023] port details), wherein:
the mobile phase drive (figs. 1-7, pump 40) is configured to drive a mobile phase (solvent);
the separating device (figs. 1-7, chromatography column 41) is configured to separate a fluidic sample when comprised within the mobile phase (solvent);
the sampling volume (sampling volume selectively within sample loop 51, 44, 52) is configured to temporarily store the fluidic sample ([0056] “the sample can be drawn from the sample vessel into the sample needle 42 and possibly also into the sample loop 44”);
the sampling drive (figs. 1-7, sample delivery device 5) is configured to move fluid;
in a sample load configuration (PRESSURE EQUALIZATION) ([0050] “The sample needle 42 can however also be moved to a sample vessel 43 and can, in the manner discussed below, draw a defined sample volume from said sample vessel into the drawing-in part 44”; [0056]-[0060] pressure equalization), the switching unit (switching portion of sampler 10 comprising injection valve 3) is configured to fluidically couple the sampling volume (sampling volume selectively within sample loop 51, 44, 52) and the sampling drive (figs. 1-7, sample delivery device 5), for moving the fluidic sample into the sampling volume (sampling volume selectively within sample loop 51, 44, 52) ([0051] “the sample delivery device 5 comprises a syringe 50 in which a piston 53 is guided in pressure-tight and displaceable fashion. The piston 53 is driven by means of a drive 55, for example a stepper motor. The drive is preferably actuated by a control unit (not illustrated)”; [0058] “For the pressure measurement, use may be made of a pressure sensor”);
in a decouple configuration (PUMP PURGE), the switching unit (switching portion of sampler 10 comprising injection valve 3) is configured to fluidically couple the sampling volume (sampling volume selectively within sample loop 51, 44, 52) between the sampling drive (figs. 1-7, sample delivery device 5) and the separating device (figs. 1-7, chromatography column 41), while the mobile phase drive (figs. 1-7, pump 40) is fluidically decoupled (e.g., from the separating device (figs. 1-7, chromatography column 41) ([0050] “transported to the chromatography column via the sample loop part 51, the port 16, the groove 23 and that port 14 which is connected to the chromatography column 41”; fig. 4);
in a sample introduction configuration (INJECT pump flowing), the switching unit (switching portion of sampler 10 comprising injection valve 3) is configured to fluidically couple the mobile phase drive (figs. 1-7, pump 40), the sampling volume (volume for sample of drawing-in part 44), and the separating device (figs. 1-7, chromatography column 41) for introducing an amount of the fluidic sample stored in the sampling volume (sampling volume selectively within sample loop 51, 44, 52) into the mobile phase (solvent) for fluid separation by the separating device (figs. 1-7, chromatography column 41); and
the separating device (figs. 1-7, chromatography column 41) is fluidically coupled with at least one of the mobile phase drive (figs. 1-7, pump 40) and the sampling drive (figs. 1-7, sample delivery device 5) during switching between the sample load configuration (PRESSURE EQUALIZATION) ([0050]), the decouple configuration (PUMP PURGE), and the sample introduction configuration (INJECT pump flowing).
Regarding claim 2, which depends on claim 1,
Wachinger teaches comprising at least one of the following:
in the sample load configuration (PRESSURE EQUALIZATION) ([0050]), the switching unit (switching portion of sampler 10 comprising injection valve 3) is further configured to fluidically couple (via groove 25; see figs. 1-2) the mobile phase drive (figs. 1-7, pump 40) with the separating device (figs. 1-7, chromatography column 41);
in the sample load configuration (PRESSURE EQUALIZATION) ([0050]), the sampling drive (figs. 1-7, sample delivery device 5) is configured to pressurize or depressurize ([0057] “PRESSURE EQUALIZATION”) the fluidic sample in the sampling volume (volume for sample of drawing-in part 44);
the separating device (figs. 1-7, chromatography column 41) is fluidically coupled with at least one of the mobile phase drive (figs. 1-7, pump 40) and the sampling drive (figs. 1-7, sample delivery device 5) in each of the sample load configuration (PRESSURE EQUALIZATION) ([0050]), the decouple configuration (PUMP PURGE), and the sample introduction configuration (INJECT pump flowing).
Regarding claim 3, which depends on claim 1,
Wachinger teaches wherein:
in a couple configuration (INJECT coupling), the switching unit (switching portion of sampler 10 comprising injection valve 3) is configured to fluidically couple the sampling volume (sampling volume selectively within sample loop 51, 44, 52) between the sampling drive (figs. 1-7, sample delivery device 5) and a coupling point (groove 23 coupling ports 13 and 14), the coupling point (groove 23 coupling ports 13 and 14) being located between the mobile phase drive (figs. 1-7, pump 40) and the separating device (figs. 1-7, chromatography column 41) ([0058] “the valve is switched into an INJECT position, and in this way, the drawn-in sample volume is injected into the column 41 (FIG. 3). The delivery of the sample volume to the column is preferably realized by way of the pump flow, specifically via the sample loop part 52, the sample loop port 13, the groove 23 and the high-pressure port 14”).
Regarding claim 4, which depends on claim 3,
Wachinger teaches comprising at least one of the following:
the separating device (figs. 1-7, chromatography column 41) is fluidically coupled with at least one of the mobile phase drive (figs. 1-7, pump 40) and the sampling drive (figs. 1-7, sample delivery device 5) during switching between the sample load configuration (PRESSURE EQUALIZATION) ([0050]) and the couple configuration (INJECT coupling);
the separating device (figs. 1-7, chromatography column 41) is fluidically coupled with at least one of the mobile phase drive (figs. 1-7, pump 40) and the sampling drive (figs. 1-7, sample delivery device 5) during switching between the couple configuration (INJECT coupling) and the sample introduction configuration (INJECT pump flowing).
Regarding claim 5, which depends on claim 1,
Wachinger teaches comprising at least one of the following:
the sample introduction configuration (INJECT pump flowing) comprises a first flow-through configuration, wherein the switching unit (switching portion of sampler 10 comprising injection valve 3) is configured to fluidically couple the sampling volume (sampling volume selectively within sample loop 51, 44, 52) between the mobile phase drive (figs. 1-7, pump 40) and the separating device (figs. 1-7, chromatography column 41);
the sample introduction configuration (INJECT pump flowing) comprises a second flow-through configuration, wherein the switching unit (switching portion of sampler 10 comprising injection valve 3) is configured to fluidically couple the sampling drive (figs. 1-7, sample delivery device 5) together with the sampling volume (sampling volume selectively within sample loop 51, 44, 52) between the mobile phase drive (figs. 1-7, pump 40) and the separating device (figs. 1-7, chromatography column 41);
the sample introduction configuration (INJECT pump flowing) comprises a feed-injection configuration, wherein the switching unit (switching portion of sampler 10 comprising injection valve 3) is configured to fluidically couple the sampling drive (figs. 1-7, sample delivery device 5) together with the sampling volume (sampling volume selectively within sample loop 51, 44, 52) to a coupling point (groove 23 coupling ports 13 and 14), the coupling point (groove 23 coupling ports 13 and 14) being located between the mobile phase drive (figs. 1-7, pump 40) and the separating device (figs. 1-7, chromatography column 41), for combining into the coupling point (groove 23 coupling ports 13 and 14) a flow from the sampling drive (figs. 1-7, sample delivery device 5) through the sampling volume (sampling volume selectively within sample loop 51, 44, 52) with a flow of the mobile phase (solvent) from the mobile phase drive (figs. 1-7, pump 40).
Regarding claim 6, which depends on claim 1,
Wachinger teaches a sample dispatcher (dispatching portion of sampler 10) for a fluid separation apparatus (Title “AMPLER FOR LIQUID CHROMATOGRAPHY”; Abstract), the sample dispatcher (dispatching portion of sampler 10) comprising:
the switching unit (switching portion of sampler 10 comprising injection valve 3) according to claim 1 (see analysis of claim 1);
the sampling volume (volume for sample of drawing-in part 44); and
the sampling drive (figs. 1-7, sample delivery device 5).
Regarding claim 7, which depends on claim 6,
Wachinger teaches comprising at least one of the following:
the sampling volume (sampling volume selectively within sample loop 51, 44, 52) comprises at least one selected from the group consisting of:
a sample loop ([0058] “sample loop 51, 44, 52”);
a sample volume (sampling volume selectively within drawing-in-part 44 / sample loop 51, 44, 52);
a trap volume;
a trap column;
a fluid reservoir;
a capillary ([0049] “may be a pressure-resistant line with a small diameter, for example in the form of glass or high-grade steel capillaries”);
a tube ([0049]); and
a microfluidic channel structure;
a sampling unit (sampling unit comprising sample needle 42 and needle sat 45) configured to receive the fluidic sample;
a sampling unit (sampling unit comprising sample needle 42 and needle sat 45) configured to receive the fluidic sample,
wherein the sampling unit (sampling unit comprising sample needle 42 and needle sat 45) comprises a needle (figs. 1-7, sample needle 42) and a needle seat (figs. 1-7, injection port / needle seat 45), and
wherein
in an open position (needle unseated) of the sampling unit (sampling unit comprising sample needle 42 and needle sat 45) the needle (figs. 1-7, sample needle 42) is configured to be separated from the needle seat (figs. 1-7, injection port / needle seat 45) in order to receive the fluidic sample, and
in a closed position (seated needle) of the sampling unit (sampling unit comprising sample needle 42 and needle sat 45) the needle (figs. 1-7, sample needle 42) is configured to be fluidically sealingly coupled with the needle seat (figs. 1-7, injection port / needle seat 45) ([0050] “the sample needle 42 is placed into the needle seat 45”; [0071] “The sample needle 42 is preferably situated in the needle seat 45”; [0063] “The unpressurized needle 42 can thereafter be moved from the needle seat of the injection port 45 to the corresponding sample flask in order to take in the next sample”);
a retaining unit (retaining unit comprising chromatographic column 41) configured to receive and retain from the sampling volume (sampling volume selectively within sample loop 51, 44, 52) at least a portion of the fluidic sample stored in the sampling volume (volume for sample of drawing-in part 44),
wherein the retaining unit (retaining unit comprising chromatographic column 41) comprises different retention characteristics for different components of the fluidic sample;
a retaining unit (retaining unit comprising chromatographic column 41) configured to receive and retain from the sampling volume (sampling volume selectively within sample loop 51, 44, 52) at least a portion of the fluidic sample stored in the sampling volume (volume for sample of drawing-in part 44), wherein the retaining unit (retaining unit comprising chromatographic column 41) comprises different retention characteristics for different components of the fluidic sample, and
wherein the retaining unit (retaining unit comprising chromatographic column 41) comprises at least one selected from the group consisting of:
a chromatographic column (figs. 1-7, chromatographic column 41);
a trapping column;
a HILIC column;
a guard column;
an SPE column;
a coated capillary;
a filter;
a filter frit;
a plurality of chromatographic columns,
at least two of which have a different chromatographic separation mechanism; and
a plurality of coated capillaries,
at least two of which have a different chromatographic separation mechanism;
the switching unit (switching portion of sampler 10 comprising injection valve 3) comprises one or more valves (figs. 1-7, injection valve 3);
the switching unit (switching portion of sampler 10 comprising injection valve 3) comprises one or more valves (figs. 1-7, injection valve 3) selected from the group consisting of:
a shear valve;
a rotary valve (figs. 1-7, injection valve 3) comprising a rotor and a stator configured to be rotatably moved with respect to each other ([0020] “injection valve has a rotor and a stator, the rotor having a face surface which interacts with the face surface of the stator (contact surface of stator and rotor) and in which there are formed (at least) two grooves by means of which, in a manner dependent on the rotational position of the rotor relative to the stator”); and
a translatory valve comprising a first member and a second member configured to be moved with respect to each other by a translatory movement;
the sampling drive (figs. 1-7, sample delivery device 5) comprises at least one selected from the group consisting of ([0051] “In the illustrated embodiment, the sample delivery device 5 comprises a syringe 50 in which a piston 53 is guided in pressure-tight and displaceable fashion. The piston 53 is driven by means of a drive 55, for example a stepper motor”):
a metering device (figs. 1-7, sample delivery device 5) configured to meter (meters pump Volume V) the fluidic sample;
a pump (piston 53 with drive 55) comprising a piston (figs. 1-7, piston 53) movable within a piston chamber (chamber for piston 55) for moving the fluidic sample;
a syringe pump (syringe 50 with pump 55); and
a reciprocating pump;
the sampling drive (figs. 1-7, sample delivery device 5) is coupled in series with the sampling volume (volume for sample of drawing-in part 44);
a control unit (not shown; control unit 60) configured to control operation of the sample dispatcher (dispatching portion of sampler 10) ([0051] “preferably actuated by a control unit (not illustrated). The control unit preferably also controls the switching processes of the injection valve 3, which has an actuable drive (not illustrated)”);
a control unit (not shown; control unit) configured to control operation of at least one of the sampling drive (figs. 1-7, sample delivery device 5) or the switching unit (switching portion of sampler 10 comprising injection valve 3) ([0026] “the sampler according to the invention preferably has a control unit for controlling the injection valve and the sample delivery device”; [0027]; [0036]; [0038]; [0051] “preferably actuated by a control unit (not illustrated). The control unit preferably also controls the switching processes of the injection valve 3, which has an actuable drive (not illustrated)”; [0059] “control unit (not illustrated)”; [0065] “The abovementioned control unit 60”. Examiner notes that while 60 is alluded to in this single instance, it appears that Wachinger did not choose to so illustrate).
Regarding claim 8, which depends on claim 6,
Wachinger teaches a fluid separation apparatus (figs. 1-7, sampler 10) comprising:
the sample dispatcher (dispatching portion of sampler 10) according to claim 6, configured to dispatch at least a portion of the fluidic sample to the fluid separation apparatus;
the mobile phase drive (figs. 1-7, pump 40); and
the separating device (figs. 1-7, chromatography column 41).
Regarding independent claim 9,
Wachinger teaches (figs. 1-7) ([0042]-[0048]) a method of sample separation (Title “SAMPLER FOR LIQUID CHROMATOGRAPHY”; Abstract; [0024] position names; [0021], groove details; [0023] port details), the method comprising:
fluidically coupling a mobile phase drive (figs. 1-7, pump 40) with a separating device (figs. 1-7, chromatography column 41) for driving a mobile phase (solvent) through the separating device (figs. 1-7, chromatography column 41),
in a sample load configuration (PRESSURE EQUALIZATION) ([0050] “The sample needle 42 can however also be moved to a sample vessel 43 and can, in the manner discussed below, draw a defined sample volume from said sample vessel into the drawing-in part 44”), loading a fluidic sample into a sampling volume (sampling volume selectively within sample loop 51, 44, 52) ([0056] “the sample can be drawn from the sample vessel into the sample needle 42 and possibly also into the sample loop 44”; [0056]-[0060] pressure equalization; [0051] “the sample delivery device 5 comprises a syringe 50 in which a piston 53 is guided in pressure-tight and displaceable fashion. The piston 53 is driven by means of a drive 55, for example a stepper motor. The drive is preferably actuated by a control unit (not illustrated)”; [0058] “For the pressure measurement, use may be made of a pressure sensor”),
in a decouple configuration (PUMP PURGE), fluidically coupling one end of the sampling volume (sampling volume selectively within sample loop 51, 44, 52) to the separating device (figs. 1-7, chromatography column 41) while the other end of the sampling volume (sampling volume selectively within sample loop 51, 44, 52) is substantially blocked, and fluidically decoupling the mobile phase drive (figs. 1-7, pump 40) from the separating device (figs. 1-7, chromatography column 41) ([0050] “transported to the chromatography column via the sample loop part 51, the port 16, the groove 23 and that port 14 which is connected to the chromatography column 41”; fig. 4), and
in a sample introduction configuration (INJECT pump flowing), fluidically coupling the mobile phase drive (figs. 1-7, pump 40), the sampling volume (volume for sample of drawing-in part 44), and the separating device (figs. 1-7, chromatography column 41) for introducing an amount of the fluidic sample stored in the sampling volume (sampling volume selectively within sample loop 51, 44, 52) into the mobile phase (solvent) for fluid separation by the separating device (figs. 1-7, chromatography column 41),
wherein the separating device (figs. 1-7, chromatography column 41) is fluidically coupled with at least one of the mobile phase drive (figs. 1-7, pump 40) and a sampling drive (figs. 1-7, sample delivery device 5) during switching between the sample load configuration (PRESSURE EQUALIZATION) ([0050]), the decouple configuration (PUMP PURGE), and the sample introduction configuration (INJECT pump flowing).
Regarding claim 10, which depends on claim 9,
Wachinger teaches comprising at least one of the following:
fluidically coupling the separating device (figs. 1-7, chromatography column 41) with at least one of the mobile phase drive (figs. 1-7, pump 40) and the sampling drive (figs. 1-7, sample delivery device 5) in each of the sample load configuration (PRESSURE EQUALIZATION) ([0050]), the decouple configuration (PUMP PURGE), and the sample introduction configuration (INJECT pump flowing);
the loading of the fluidic sample into the sampling volume (sampling volume selectively within sample loop 51, 44, 52) comprises fluidically coupling the sampling volume (sampling volume selectively within sample loop 51, 44, 52) with the sampling drive (figs. 1-7, sample delivery device 5) and operating the sampling drive (figs. 1-7, sample delivery device 5) for moving the fluidic sample into the sampling volume (volume for sample of drawing-in part 44),
the loading of the fluidic sample into the sampling volume (sampling volume selectively within sample loop 51, 44, 52) comprises fluidically coupling the sampling volume (sampling volume selectively within sample loop 51, 44, 52) with the sampling drive (figs. 1-7, sample delivery device 5) and operating the sampling drive (figs. 1-7, sample delivery device 5) for moving the fluidic sample into the sampling volume (volume for sample of drawing-in part 44), while the mobile phase drive (figs. 1-7, pump 40) is driving the mobile phase (solvent) through the separating device (figs. 1-7, chromatography column 41),
while loading the fluidic sample into the sampling volume (volume for sample of drawing-in part 44), the mobile phase drive (figs. 1-7, pump 40) is fluidically coupled with the separating device (figs. 1-7, chromatography column 41);
the fluidically coupling of one end of the sampling volume (sampling volume selectively within sample loop 51, 44, 52) to the separating device (figs. 1-7, chromatography column 41) while the other end of the sampling volume (sampling volume selectively within sample loop 51, 44, 52) is substantially blocked comprises coupling one end of the sampling drive (figs. 1-7, sample delivery device 5) to the other end of the sampling volume (sampling volume selectively within sample loop 51, 44, 52) and blocking the other end of the sampling drive (figs. 1-7, sample delivery device 5);
after loading the fluidic sample into the sampling volume (volume for sample of drawing-in part 44), operating the sampling drive (figs. 1-7, sample delivery device 5) to pressurize the fluidic sample in the sampling volume (sampling volume selectively within sample loop 51, 44, 52) for introducing the amount of the fluidic sample stored in the sampling volume (sampling volume selectively within sample loop 51, 44, 52) into the mobile phase (solvent) for fluid separation by the separating device (figs. 1-7, chromatography column 41);
after loading the fluidic sample into the sampling volume (volume for sample of drawing-in part 44), operating the sampling drive (figs. 1-7, sample delivery device 5) to pressurize the fluidic sample in the sampling volume (sampling volume selectively within sample loop 51, 44, 52) for introducing the amount of the fluidic sample stored in the sampling volume (sampling volume selectively within sample loop 51, 44, 52) into the mobile phase (solvent) for fluid separation by the separating device (figs. 1-7, chromatography column 41),
wherein the operating of the sampling drive (figs. 1-7, sample delivery device 5) to pressurize is performed before fluidically coupling the sampling volume (sampling volume selectively within sample loop 51, 44, 52) between the sampling drive (figs. 1-7, sample delivery device 5) and the separating device (figs. 1-7, chromatography column 41) and fluidically decoupling the mobile phase drive (figs. 1-7, pump 40) from the separating device (figs. 1-7, chromatography column 41), and/or before fluidically coupling the mobile phase drive (figs. 1-7, pump 40), the sampling volume (volume for sample of drawing-in part 44), and the separating device (figs. 1-7, chromatography column 41);
after introducing the amount of the fluidic sample stored in the sampling volume (sampling volume selectively within sample loop 51, 44, 52) into the mobile phase (solvent) for fluid separation by the separating device (figs. 1-7, chromatography column 41), fluidically coupling the sampling volume (sampling volume selectively within sample loop 51, 44, 52) with the sampling drive (figs. 1-7, sample delivery device 5) and operating the sampling drive (figs. 1-7, sample delivery device 5) for depressurizing the fluidic sample in the sampling volume (volume for sample of drawing-in part 44);
after introducing the amount of the fluidic sample stored in the sampling volume (sampling volume selectively within sample loop 51, 44, 52) into the mobile phase (solvent) for fluid separation by the separating device (figs. 1-7, chromatography column 41), fluidically coupling the sampling volume (sampling volume selectively within sample loop 51, 44, 52) with the sampling drive (figs. 1-7, sample delivery device 5) and operating the sampling drive (figs. 1-7, sample delivery device 5) for depressurizing the fluidic sample in the sampling volume (volume for sample of drawing-in part 44), wherein the fluidically coupling of the sampling volume (sampling volume selectively within sample loop 51, 44, 52) with the sampling drive (figs. 1-7, sample delivery device 5) is performed after fluidically decoupling the sampling volume (sampling volume selectively within sample loop 51, 44, 52) and the sampling drive (figs. 1-7, sample delivery device 5) from the mobile phase drive (figs. 1-7, pump 40) and the separating device (figs. 1-7, chromatography column 41);
after introducing the amount of the fluidic sample stored in the sampling volume (sampling volume selectively within sample loop 51, 44, 52) into the mobile phase (solvent) for fluid separation by the separating device (figs. 1-7, chromatography column 41), fluidically coupling the sampling volume (sampling volume selectively within sample loop 51, 44, 52) with the sampling drive (figs. 1-7, sample delivery device 5) and operating the sampling drive (figs. 1-7, sample delivery device 5) for depressurizing the fluidic sample in the sampling volume (volume for sample of drawing-in part 44), wherein the fluidically coupling of the sampling volume (sampling volume selectively within sample loop 51, 44, 52) with the sampling drive (figs. 1-7, sample delivery device 5) is performed after fluidically decoupling the sampling volume (sampling volume selectively within sample loop 51, 44, 52) and the sampling drive (figs. 1-7, sample delivery device 5) from the mobile phase drive (figs. 1-7, pump 40) and the separating device (figs. 1-7, chromatography column 41), and while the mobile phase drive (figs. 1-7, pump 40) is fluidically coupled to the separating device (figs. 1-7, chromatography column 41);
after loading the fluidic sample into the sampling volume (volume for sample of drawing-in part 44), fluidically coupling the sampling volume (sampling volume selectively within sample loop 51, 44, 52) between the sampling drive (figs. 1-7, sample delivery device 5) and the separating device (figs. 1-7, chromatography column 41), and fluidically coupling the mobile phase drive (figs. 1-7, pump 40) with the separating device (figs. 1-7, chromatography column 41);
during introducing the amount of fluidic sample into the mobile phase (solvent), fluidically coupling the sampling volume (sampling volume selectively within sample loop 51, 44, 52) between the mobile phase drive (figs. 1-7, pump 40) and the separating device (figs. 1-7, chromatography column 41);
during introducing the amount of fluidic sample into the mobile phase (solvent), fluidically coupling the sampling drive (figs. 1-7, sample delivery device 5) together with the sampling volume (sampling volume selectively within sample loop 51, 44, 52) between the mobile phase drive (figs. 1-7, pump 40) and the separating device (figs. 1-7, chromatography column 41);
during introducing the amount of fluidic sample into the mobile phase (solvent), fluidically coupling the sampling drive (figs. 1-7, sample delivery device 5) together with the sampling volume (sampling volume selectively within sample loop 51, 44, 52) to a coupling point (groove 23 coupling ports 13 and 14) between the mobile phase drive (figs. 1-7, pump 40) and the separating device (figs. 1-7, chromatography column 41), and combining into the coupling point (groove 23 coupling ports 13 and 14) a flow from the sampling drive (figs. 1-7, sample delivery device 5) through the sampling volume (sampling volume selectively within sample loop 51, 44, 52) with a flow of the mobile phase (solvent) from the mobile phase drive (figs. 1-7, pump 40).
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.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Applicant cited Wachinger in view of Applicant cited Geovanos et al (US 20180149289 A1; hereafter “Geovanos”).
Regarding claim 14, which depends on claim 9,
Wachinger teaches a processor (not shown; processor of control unit 60) implementing stored instructions configured to carry out or control one or more of the steps of the method of claim 9 (see analysis and citations provided for preceding claims) ([0026] “the sampler according to the invention preferably has a control unit for controlling the injection valve and the sample delivery device”; [0027] “actuated by the control unit”; [0036] “the control unit” and “movement of the movable element may be performed in controlled or regulated fashion”; [0038] “the signal of the pressure sensor is preferably supplied to the control unit, wherein the control unit compares the pressure of the fluid with a pressure setpoint value and actuates the sample delivery device”; [0051] “drive is preferably actuated by a control unit (not illustrated). The control unit preferably also controls the switching processes of the injection valve 3, which has an actuable drive (not illustrated)”; [0059] “[0059] A control unit (not illustrated) can detect the force that the drive 55 must impart in order to achieve a corresponding compression in the sample loop. For this purpose, the drive 55 may have an integrated sensor (not illustrated), the signal of which is supplied to the control unit. In this way, the control unit can determine the actual pressure in the pump volume and thus in the sample loop (the pressure drop in the connecting parts and in the valve is negligibly small) and regulate said actual pressure to the desired value”; [0065] “The abovementioned control unit 60 may store predefined positions A, B, C and/or travel differences between said positions as a function of parameters of the sampler as a whole, in particular as a function of the compressibility of the solvent, elasticity characteristics of the sample loop and of the sample delivery device etc. Said positions can then be assumed in controlled fashion (that is to say without regulation) or may serve as approximate values or starting values for a regulated movement”; [0066] “suitably controlled or regulated by means of a pressure sensor and a control unit so as to yield a highly constant flow rate” and “determine the compressibility and supply this as information to the control unit”; [0067] “automatic sampler”).
While it is the Examiner’s position that an ordinary artisan would at once envisaged that the Wachinger’s automatic control unit comprises a non-transitory computer-readable medium with the instructions stored thereon (e.g., at once envisaged controller information storage means such as conventional and expected memory thereof), the Examiner acknowledges that Wachinger does not explicitly state a non-transitory computer-readable medium.
However:
The Examiner takes Official Notice that non-transitory computer-readable medium are conventional in the art, and the Examiner further takes Official Notice that storing instructions on non-transitory computer-readable medium is a routine activity.
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Furthermore, and as supporting factual evidence of the aforementioned assertion, Geovanos teaches a non-transitory computer-readable medium (non-transitory computer-readable medium) with instructions (instructions) stored thereon, that when executed by a processor (processor of controller/computer 160/260), is configured to carry out or control (Title “MICROFLUIDIC CHECK VALVE AND RELATED DEVICES AND SYSTEMS”; Abstract; [0034] “Examples of fluidic components include, but are not limited to, conduits, chambers, flow cells, pumps, metering devices, valves, columns, flow controlling devices, fluid measurement (e.g., flow rate, pressure, temperature, concentration, etc.) devices, unions, flow combiners, and flow splitters”; [0047] “the LC system 100 may further include a system controller 160 (or computing device) configured for controlling, monitoring, and/or synchronizing the operations of various components of the LC system 100. The controller 160 may be configured for receiving measurement signals from various measurement devices (e.g., pressure sensors, flow rate sensors, temperature sensors, etc.) and take responsive actions as needed as part of controlling the LC system 100. The controller 160 may also be configured for receiving the measurement signals from the detector 152 and performing tasks relating to data acquisition and signal analysis as necessary to generate chromatograms. The controller 160 may also be configured for providing and controlling a user interface that provides screen displays of chromatographic data and other data with which a user may interact. One or more modules of the controller 160 may be, or be embodied in, for example, a computer workstation, desktop computer, laptop computer, portable computer, tablet computer, handheld computer, mobile computing device, personal digital assistant (PDA), smartphone, etc. The controller 160 may include one or more reading devices on or in which a non-transitory or tangible computer-readable (machine-readable) medium may be loaded that includes instructions for performing all or part of any of the methods disclosed herein. The controller 160 may be in electrical communication with various components of the LC system 100 via wired or wireless communication links, as represented by dashed lines in FIG. 1. The controller 160 may include one or more types of hardware, firmware and/or software, as appreciated by persons skilled in the art”; [0053] “The operations of the injection valve 240, the metering device 288, and the needle drive device 202 may be controlled by a system controller 260, which may correspond to the system controller 160 described above and illustrated in FIG. 1”).
In view of the above, either one of ordinary skill in the art at the time the invention was effectively filed would at once envisaged that Wachinger’s automatic control unit comprises a non-transitory computer-readable medium with the instructions stored thereon, or nevertheless, or in the alternative, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine a conventional non-transitory storage medium (e.g., memory)—as factually supported by Geovanos’ non-transitory computer-readable medium—with Wachinger controller and associated method for the expected advantage(s) of providing a convenient physical location for storing computer/controller program/instructions which can be useful for commercial reasons including having the necessary programs/instructions thereon for performance of the apparatus/method without need for internet connection or additional device and which could be physically swapped out for repairs/replacement/upgrades.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. Applicant is invited to review PTO form 892 accompanying this Office Action listing Prior Art relevant to the instant invention cited by the Examiner.
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Any inquiry concerning this communication or earlier communications from the Examiner should be directed to DAVID L SINGER whose telephone number is 303-297-4317. The Examiner can normally be reached Monday - Friday 8:00 am - 6:00pm CT, EXCEPT alternating Friday.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, John Breene can be reached on 571-272-4107. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID L SINGER/Primary Examiner, Art Unit 2855 17MAR2026