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 § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 5, 7, 11-12 and 16-20 are rejected under 35 U.S.C. 102(a)(1) based upon a public use or sale or other public availability of the invention.
The instant invention is anticipated by Shibutani et al. (US20100158755A1).
Regarding Claim 1, Shibutani et al. teaches a system for preparing and quantifying a chemical solution (See the Abstract, the chemical analyzer, and the Claim(s) 1-8 in [0018]-[0088] in Fig. 1-5C), the system (See in Fig. 1) comprising:
a control panel configured to control a process for preparing and quantifying a solution (See the combined controller 20, the signal processor 25, and the signal collection unit in [0044]-[0078] in Fig. 1-2 and in the Claim(s) 1-4; One with ordinary skills in the art would know that a computer or control panel would be necessary to execute the system functions.);
a plurality of storage tanks configured to store solvents, solutions, and/or solutes (See the reagent bottle 22B, the calibration solution bottle 23B, the plurality of reagent bottles 7, the plurality of sample solution bottles 17, and the reagent storages 2 and 3 in [0029], [0039], [0040] in Fig. 1-2);
a working solution section (See the disk sampler 6, i.e. a working solution section, in [0029]-[0030] in Fig. 1; Also, see the reagent supply unit 22 in [0037] in Fig. 2);
a standard solution section (See the reagent rack 1 and the reaction click 5, i.e. a standard solution section, in [0029]-[0030], [0075]-[0084] in Fig. 1; Also, see the calibration solution supply unit 23 in [0037] in Fig. 2);
a titration section (See the mixing unit 11 and the reaction cuvette 4, i.e. a titration section, in [0033], [0082] in Fig. 1; Also, see the electrolyte measurement module 18 and the dilution cup unit 19, i.e. a titration section, in [0029]-[0069] in Fig. 1-4C); and
a controller comprising a processor (See the combined controller 20, the signal processor 25, and the signal collection unit in [0044]-[0078] in Fig. 1-2 and in the Claim(s) 1-4) and a data store (See the memory unit where programs and data is stored in [0047], [0061], [0087]);
wherein the data store comprises: a working solution module (See the disk sampler 6, i.e. a working solution section, and the sample dispensing probe 16, the second reagent probe 15, or the first probe 14, i.e. a working solution module, in [0029]-[0032], [0043], [0055]-[0084] in Fig. 1-2; Also, see the reagent supply unit 22 in [0037] in Fig. 2),
wherein the working solution module comprises instructions to direct the processor to prepare a working solution from solvents, solutions and/or solutes stored in the storage tanks, wherein the working solution is prepared in the working solution section (See the memory unit where programs and data is stored in [0047], [0061], [0087] in Fig. 1-5C and in Claim(s) 1-3);
a standard solution module (See the reagent rack 1 and the reaction click 5, i.e. a standard solution section, and the photometric measurement unit 13, i.e. a working solution module, in [0029]-[0030], [0075]-[0084] in Fig. 1; Also, see the calibration solution supply unit 23 in [0037] in Fig. 2),
wherein the standard solution module comprises instructions to direct the processor to prepare a standard solution from solvents, solutions and/or solutes, wherein the standard solution is prepared in the standard solution section (See the memory unit where programs and data is stored in [0047], [0061], [0087] in Fig. 1-5C and in Claim(s) 1-3); and
a titration module (See the mixing unit 11 in [0033], [0082] in Fig. 1; Also, see the electrolyte measurement module 18 and the dilution cup unit 19, i.e. a titration section, and the ion sensor unit 20, i.e. a titration module, in [0029]-[0069] in Fig. 1-4C),
wherein the titration module comprises instructions to direct the processor to titrate a portion of the working solution using a portion of the standard solution (See the memory unit where programs and data is stored in [0047], [0061], [0087] in Fig. 1-5C and in Claim(s) 1-3).
Regarding Claim(s) 2-3, Shibutani et al. teaches the system limitations of instant claim 1.
Shibutani et al. further teaches a system for preparing and quantifying a chemical solution (See the Abstract, the chemical analyzer, and the Claim(s) 1-8 in [0018]-[0088] in Fig. 1-5C), further comprising a scale, wherein the data store comprises instructions to direct the processor to weigh a portion of solute from the storage tanks using the scale and transfer the weighed solute to the working solution section or the standard solution section (See how the combined controller 20, the signal processor 25, the signal collection unit, and probe 16 are used to dispense/weigh reagents like a traditional skill but in an automated fashion in [0044]-[0079] in Fig. 1-5C and in the Claim(s) 1-4);
wherein the working solution section comprises: a first docking region (See the disk sampler 6, i.e. a working solution section, in [0029]-[0030] in Fig. 1; Also, see the reagent supply unit 22 in [0037] in Fig. 2);
a working solution vessel placed on the first docking region (See the plurality of sample solution bottles 17 and the plurality of reaction cuvettes 4 in [0029] in Fig. 1); and
a working chemical and solvent dispenser, wherein the working chemical and solvent dispenser is in fluid communication with the storage tanks and the scale, and wherein the working and chemical solvent dispenser is disposed over the first docking region and configured to dispense chemicals and solvent into the working solution vessel (See the first reagent dispensing arm 8, the second reagent dispensing arm 9, and the sample dispensing arm 10 in [0029]-[0036] in Fig. 1).
Regarding Claim 5, Shibutani et al. teaches the system limitations of instant claim 2.
Shibutani et al. further teaches a system for preparing and quantifying a chemical solution (See the Abstract, the chemical analyzer, and the Claim(s) 1-8 in [0018]-[0088] in Fig. 1-5C), wherein the standard solution section comprises: a second docking region (See the reagent rack 1 and the reaction click 5, i.e. a standard solution section, in [0029]-[0030], [0075]-[0084] in Fig. 1; Also, see the calibration solution supply unit 23 in [0037] in Fig. 2);
a standard solution vessel placed on the second docking region (See the plurality of reagent bottles 7 and the reagent storages 2 and 3 in [0029] in Fig. 1); and
a standard chemical and solvent dispenser, wherein the standard chemical and solvent dispenser is in fluid communication with the storage tanks and the scale, and wherein the standard chemical and solvent dispenser is disposed over the second docking region and configured to dispense chemicals and solvent into the standard solution vessel (See the first reagent dispensing arm 8, the second reagent dispensing arm 9, and the sample dispensing arm 10 in [0029]-[0036] in Fig. 1).
Regarding Claim 7, Shibutani et al. teaches the system limitations of instant claim 1.
Shibutani et al. further teaches a system for preparing and quantifying a chemical solution (See the Abstract, the chemical analyzer, and the Claim(s) 1-8 in [0018]-[0088] in Fig. 1-5C), wherein the titration section comprises: a titration reaction vessel in fluid communication with the working solution section and the standard solution section (See the mixing unit 11 and the reaction cuvette 4, i.e. a titration section, in [0033], [0082] in Fig. 1; Also, see the electrolyte measurement module 18 and the dilution cup unit 19, i.e. a titration section, in [0029]-[0069] in Fig. 1-4C); and
a reaction probe (See the sample dispensing probe 16, the second reagent probe 15, or the first probe 14 in [0029]-[0082] in Fig. 1 and in Claim 6; Also, see the ion sensor unit 20, i.e. a reaction probe, in [0037]-[0071] in Fig. 2-5C).
Regarding Claim 11, Shibutani et al. teaches a method for preparing and quantifying a chemical solution using an automated solution preparation instrument (See the Abstract, the chemical analyzer, and the Claim(s) 1-8 in [0018]-[0088] in Fig. 1-5C), the method (See in [0014]-[0016], [0051]-[0087] and in the Claim(s) 2-3) comprising:
accepting target values for a working solution, and in response to the target values, weighing an amount of solid chemical or partitioning an amount of liquid (See the predetermined amounts or target values of a liquid reagent in [0014]-[0016], [0051]-[0087] in 1-5C),
dispensing the amount of solid chemical or the amount of liquid into a working solution vessel (See the first reagent dispensing arm 8, the second reagent dispensing arm 9, and the sample dispensing arm 10 in [0029]-[0036] in Fig. 1; Also, see the disk sampler 6, i.e. a working solution section, in [0029]-[0030] in Fig. 1 and the reagent supply unit 22 in [0037] in Fig. 2),
dispensing an amount of solvent into the working solution vessel to yield a working solution, dispensing an amount of standard solution to a standard solution vessel (See the reagent rack 1 and the reaction click 5, i.e. a standard solution section, in [0029]-[0030], [0075]-[0084] in Fig. 1; Also, see the calibration solution supply unit 23 in [0037] in Fig. 2),
transferring a portion of the working solution to a titration section (See the mixing unit 11 and the reaction cuvette 4, i.e. a titration section, in [0033], [0082] in Fig. 1; Also, see the electrolyte measurement module 18 and the dilution cup unit 19, i.e. a titration section, in [0029]-[0069] in Fig. 1-4C), and titrating the portion of the working solution using a portion of the standard solution (See the Claim(s) 1-8 in [0018]-[0088] in Fig. 1-5C).
Regarding Claim 12, Shibutani et al. teaches the method limitations of instant claim 11.
Shibutani et al. further teaches a method for preparing and quantifying a chemical solution using an automated solution preparation instrument (See the Abstract, the chemical analyzer, and the Claim(s) 1-8 in [0018]-[0088] in Fig. 1-5C), wherein the method further comprises stirring the working solution (See the mixing unit 11 in [0033], [0082] in Fig. 1).
Regarding Claim(s) 16-20, Shibutani et al. teaches the method limitations of instant claim 11.
Shibutani et al. further teaches a method for preparing and quantifying a chemical solution using an automated solution preparation instrument (See the Abstract, the chemical analyzer, and the Claim(s) 1-8 in [0018]-[0088] in Fig. 1-5C), wherein, in response to the titration, the instrument alters the working solution in the working solution vessel; wherein altering the working solution comprises diluting the working solution in the working solution vessel (See the combined controller 20, the signal processor 25, and the signal collection unit in [0044]-[0078] in Fig. 1-2 and in the Claim(s) 1-4);
wherein altering the working solution comprises adding acid to the working solution in the working solution vessel; wherein altering the working solution comprises adding base to the working solution in the working solution vessel (See the reagent bottle 22B, the calibration solution bottle 23B, the plurality of reagent bottles 7, the plurality of sample solution bottles 17, and the reagent storages 2 and 3 in [0029], [0039], [0040] in Fig. 1-2).
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) 4, 6, 8, and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Shibutani et al. (US20100158755A1) as applied to claim(s) 1, 3, 5 and 11 above, and further in view of Knapp et al. (US6391622B1).
Regarding Claim 4, Shibutani et al. teaches the system limitations of instant claim 3.
Shibutani et al. fails to explicitly teach a system for preparing and quantifying a chemical solution, wherein the first docking region comprises at least one of a heating element, a cooling element, or any combination thereof.
However, in the analogous art of closed-looped biochemical analyzers, Knapp et al. teaches a system for preparing and quantifying a chemical solution (See the Abstract, the biochemical microfluidic system, and the Claim(s) 1-19 in [Col. 4 line 50]-[Col. 59 line 60] in Fig. 1-22), wherein the first docking region comprises at least one of a heating element, a cooling element, or any combination thereof (See how the detection system comprises non-optical detectors or sensors for detecting a particular characteristic of the system disposed within detection window 116. Such sensors optionally include temperature in [Col. 53 lines 43-52]; Also, see how temperature can be selectively controlled in various regions in [Col. 17 line 64]-[Col. 20 line 27], [Col. 54 lines 47-60] in Fig. 2).
Thus, it would be obvious to one with ordinary skills in the arts to modify the system of Shibutani et al. by incorporating a first docking region comprising a temperature regulating element (as taught by Knapp et al.) for the benefit of properly dissolving solutions or reagents together in the system before analytical analysis.
Regarding Claim 6, Shibutani et al. teaches the system limitations of instant claim 5.
Shibutani et al. fails to explicitly teach a system for preparing and quantifying a chemical solution, wherein the second docking region comprises at least one of a heating element, a cooling element, or any combination thereof.
However, in the analogous art of closed-looped biochemical analyzers, Knapp et al. teaches a system for preparing and quantifying a chemical solution (See the Abstract, the biochemical microfluidic system, and the Claim(s) 1-19 in [Col. 4 line 50]-[Col. 59 line 60] in Fig. 1-22), wherein the second docking region comprises at least one of a heating element, a cooling element, or any combination thereof (See how the detection system comprises non-optical detectors or sensors for detecting a particular characteristic of the system disposed within detection window 116. Such sensors optionally include temperature in [Col. 53 lines 43-52]; Also, see how temperature can be selectively controlled in various regions in [Col. 17 line 64]-[Col. 20 line 27], [Col. 54 lines 47-60] in Fig. 2).
Thus, it would be obvious to one with ordinary skills in the arts to modify the system of Shibutani et al. by incorporating a second docking region comprising a temperature regulating element (as taught by Knapp et al.) for the benefit of properly dissolving solutions or reagents together in the system before analytical analysis.
Regarding Claim 8, Shibutani et al. teaches the system limitations of instant claim 1.
Shibutani et al. fails to explicitly teach a system for preparing and quantifying a chemical solution, wherein the control panel comprises an interface wherein a user can program or select a chemical solution preparation and quantification program.
However, in the analogous art of closed-looped biochemical analyzers, Knapp et al. teaches a system for preparing and quantifying a chemical solution (See the Abstract, the biochemical microfluidic system, and the Claim(s) 1-19 in [Col. 4 line 50]-[Col. 59 line 60] in Fig. 1-22), wherein the control panel comprises an interface wherein a user can program or select a chemical solution preparation and quantification program (See the computer interface 13120 in [Col. 25 lines 20-32], [Col. 30. lines 16-38], [Col. 41 lines 3-12], [Col. 54 line 14 - Col. 55 line 16] in Fig. 13-14, 18, and 20).
Thus, it would be obvious to one with ordinary skills in the arts to modify the system of Shibutani et al. by incorporating a control panel comprises an interface (as taught by Knapp et al.) for the benefit of a user programming or selecting a chemical solution preparation and quantification program for the system.
Regarding Claim(s) 13-14, Shibutani et al. teaches the method limitations of instant claim 11.
Shibutani et al. fails to explicitly teach a method for preparing and quantifying a chemical solution using an automated solution preparation instrument, wherein the method further comprises heating the working solution; and wherein the method further comprises cooling the working solution.
However, in the analogous art of closed-looped biochemical analyzers, Knapp et al. teaches a method for preparing and quantifying a chemical solution using an automated solution preparation instrument (See the Abstract, the biochemical microfluidic system, and the Claim(s) 1-19 in [Col. 4 line 50]-[Col. 59 line 60] in Fig. 1-22), wherein the method further comprises heating the working solution; and wherein the method further comprises cooling the working solution (See how the detection system comprises non-optical detectors or sensors for detecting a particular characteristic of the system disposed within detection window 116. Such sensors optionally include temperature in [Col. 53 lines 43-52]; Also, see how temperature can be selectively controlled in various regions in [Col. 17 line 64]-[Col. 20 line 27], [Col. 54 lines 47-60] in Fig. 2).
Thus, it would be obvious to one with ordinary skills in the arts to modify the method of Shibutani et al. by incorporating steps where the working solution is heated or cooled (as taught by Knapp et al.) for the benefit of properly dissolving solutions or reagents togethering in the system before analytical analysis.
Claim(s) 9-10 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Shibutani et al. (US20100158755A1) as applied to claim(s) 1 and 11 above, and further in view of Shuck (US7150999B1).
Regarding Claim(s) 9-10, Shibutani et al. teaches the system limitations of instant claim 1.
Shibutani et al. fails to explicitly teach a system for preparing and quantifying a chemical solution, further comprising an inert gas inlet in fluid communication with the working solution section and the standard solution section, wherein the inert gas inlet is configured to direct an inert gas through a solution in the working solution section, a solution in the standard solution section, or both.
However, in the analogous art of processes for filling microfluidic channels, Shuck teaches a system for preparing and quantifying a chemical solution (See the Abstract and the Claim(s) 1-22 in [Col. 2 line 6]-[Col. 18 line 67] in Fig. 1-4), further comprising an inert gas inlet in fluid communication with the working solution section and the standard solution section, wherein the inert gas inlet is configured to direct an inert gas through a solution in the working solution section, a solution in the standard solution section, or both; further comprising an inert gas source in fluid communication with the inert gas inlet (See the gas/fluid addition system 304 in [Col. 15 lines 49-54] [Col. 2 line 6]-[Col. 3 line 36] in Fig. 3 and in Claim(s) 13-14 and 22).
Thus, it would be obvious to one with ordinary skills in the arts to modify the system of Shibutani et al. by incorporating an inert gas (as taught by Shuck) for the benefit of pressurizing a solutions within the system.
Regarding Claim 15, Shibutani et al. teaches the method limitations of instant claim 11.
Shibutani et al. fails to explicitly teach a method for preparing and quantifying a chemical solution using an automated solution preparation instrument, wherein the method further comprises purging the working solution with an inert gas.
However, in the analogous art of processes for filling microfluidic channels, Shuck teaches a method for preparing and quantifying a chemical solution using an automated solution preparation instrument (See the Abstract and the Claim(s) 1-22 in [Col. 2 line 6]-[Col. 18 line 67] in Fig. 1-4), wherein the method further comprises purging the working solution with an inert gas (See the gas/fluid addition system 304 in [Col. 15 lines 49-54] [Col. 2 line 6]-[Col. 3 line 36] in Fig. 3 and in Claim(s) 13-14 and 22).
Thus, it would be obvious to one with ordinary skills in the arts to modify the method of Shibutani et al. by incorporating a step of purging the working solution with an inert gas (as taught by Shuck) for the benefit of pressurizing a solution within the system.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following prior art teaches similar devices and methods: Davis et al. (US20120003124A1) and Wiederin et al. (US11668724B2).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRITNEY N. WASHINGTON whose telephone number is (703)756-5959. The examiner can normally be reached Monday-Friday 7:00am - 3:30pm CT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lyle Alexander can be reached at (571) 272-1254. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRITNEY N. WASHINGTON/Examiner, Art Unit 1797
/JENNIFER WECKER/Primary Examiner, Art Unit 1797
Prosecution Insights