DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. 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) 1-6, 8 & 10-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Buerger (US 10527215 B2).
Regarding claims 1, 6, 8 and 13 Buerger teaches an inner bore 14 28 extending from a proximal end (Inherent interpretation of a first connection end) of the adapter 14 28 to a distal end (Inherent interpretation of a second connection end) of the adapter 12 13; a first face seal 44 at the distal end of the adapter 12 13 configured for (Intended use recitation) interfacing with an inlet or an outlet (Col. 2 lines 25-33) of the liquid chromatography column (Abstract) 56 60; a distal end of the adapter 12 13 configured to mate (col. 6 lines 5-33) with a column end fitting 40 of the liquid chromatography column 56 60, the distal end including: a first face seal 48 at the distal end of the adapter 12 13 configured for (Intended use recitation) interfacing with an inlet or an outlet (Col . 2 lines 25-33)(col. 8 lines 25-39) of the liquid chromatography column 56 60; and a second face seal 46 at the proximal end of the adapter 12 13.
Regarding claims 2 and 11 Buerger teaches a head portion having threads 20 22; and a lock nut 13 positioned over the threads 20 22 for (Intended use recitation) securing the adapter 12 13 to the column end fitting 40 of the liquid chromatography column 56 60.
Regarding claims 3 & 10 Buerger teaches a grip portion 74 with a flange for (Intended use recitation) abutting an end surface of the column end fitting.
Regarding claim 4 Buerger teaches threads 20 22on an outside of at least a portion of the distal end of the adapter 12 for (Intended use recitation) creating a force fit between the distal end of the adapter and the end nut.
Regarding claims 5, 6 & 12 Buerger teaches the connector is a clamping connector (col. 6 lines 50-65)(col. 7 lines 62-67).
Regarding claim 10 Buerger a grip 74 portion with a flange (figs. 2) for abutting an end surface of the end nut.
Regarding claim 14 Buerger teaches positioning the male connector 32 of the adapter in contact with the female connector 36 of the column end fitting 40.
Regarding claim 15 Buerger teaches attaching the column end fitting to the liquid chromatography column (figs. 1-4).
Claim Rejections - 35 USC § 103
3. 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) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buerger (US 10527215 B2).
Regarding claim 7 Buerger teaches all of the basic features of the claimed invention. Buerger however does not teach an additional column end fitting on a second end of the liquid chromatography column and an additional adapter positioned in the additional column end fitting. Since Buerger at the very least discloses at least one column end fitting and at least one adapter, it would have been obvious to a person having ordinary skill in the art of chromatography devices before the effective filing date of the claimed invention to modify the chromatography adapter structure as taught by Buerger to include an additional column end fitting and adapter for the purpose of further reinforcing a mating connection and / or provide a secure connection that is seamless and efficient. Furthermore, it has been held that duplicating the components of a prior art device is a design consideration within the skill of the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). In this particular instance the applicant has not shown that duplicating the fitting and the adapter solves a stated problem or is for a particular purpose. Therefore, without indue experimentation it would be well within the skill set of a person in the art to arrange parts and / or duplicate parts for the purpose of manufacturing a chromatography adapter the operates at optimum levels.
Allowable Subject Matter
4. Claim 9 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The cited prior art does not anticipate nor render obvious a head portion of an adapter having threads; and a lock nut positioned over the threads for securing the adapter to the column end fitting of the liquid chromatography column.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20060266684 A1 Chromatography column with movable adapter
US 20140130580 A1 Fluidic connection system for use in chromatography, has capillary tube with front end face that is abutted directly against end seal face of port when flange is pushed forward by fitting nut
DE 102019212150 A1 A system comprising a chromatography column adapter, a chromatography column and a capillary
US 20240125745 A1 Chromatography column adaptor for chromatography column adaptor assembly for forming fluid connection between chromatography column and flow interface of gas chromatography system for analyzing gas, liquid or solid sample, has adaptor body provided with wide adaptor bore
CN 120019275 A Chromatographic column adapter and use for fluid connection
US 20240261704 A1 INTERCHANGEABLE CHROMATOGRAPHY CARTRIDGE ADAPTER SYSTEM
US 8936723 B2 Chromatography column with large diameter end fitting openings
US 4563275 A Chromatography column and end plug assembly
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDRE J ALLEN whose telephone number is (571)272-2174. The examiner can normally be reached Mon-Fri. 9am-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina M Deherrera can be reached at (303) 297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDRE J ALLEN/Primary Examiner, Art Unit 2855