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 .
Information Disclosure Statement
The information disclosure statement filed 02 April 2024 is acknowledged and the information referred to therein has been considered.
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.
Claims 1 and 3-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by
WO 2017/122261 to Watanabe et al. (hereinafter referred to as Watanabe).
With regards to claim 1, Watanabe discloses an analysis device (see fig. 4) comprising:
a liquid sending pump (pump 120) that supplies an eluent (carrier liquid in container 110);
first separation column used for an analysis of a sample (upper column 150, which serves to separate out components of interest from the sample/liquid mixture sent thereto for analysis by mass spectrometer 200);
a first sample supplier that supplies a sample to the first separation column (the sample supplier formed by sample injection device 130 and switching valve 140 to supply a sample to upper column 150);
a second separation column used for separation of a sample (lower column 150, which serves to separate out components of interest from the sample/liquid mixture sent thereto);
a second sample supplier that supplies a sample to the second separation column (the sample supplier formed by sample injection device 130 and switching valve 140 to supply a sample to upper column 150);
a detector that detects a sample that has passed through the first separation column or the second separation column (mass spectrometer 200); and
a flow-path switching valve (switching valve 190) that is switchable between a first flow-path switch state in which the eluent that has been supplied by the liquid sending pump is guided to the first separation column and a sample that has passed through the first separation column to the detector (the flow path established to provide sample components in upper column 150 to mass spectrometer 200) and a second flow-path state in which the eluent that has been supplied by the liquid sending pump and part of a sample that has passed through the second separation column are guided to the detector (the flow path established to provide the remaining sample components in lower column 150 to mass spectrometer 200).
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With regards to claim 3, Watanabe discloses the analysis device according to claim 1. Watanabe further discloses the first sample supplier and the second sample supplier are constituted by a common sample supplier (sample injection device 130 and switching valve 140) that selectively supplies a sample to the first separation column and supplies a sample to the second separation column (depending on the position of switching valve 140).
With regards to claim 4, Watanabe discloses the analysis device according to claim 1. Watanabe further discloses the detector including a mass spectrometer (200 is a mass spectrometer).
With regards to claim 5, Watanabe discloses the analysis device according to claim 1. Watanabe further discloses
an eluent switching valve (either valve 141) that selectively guides a mobile phase used for an analysis of a sample (liquid from containers 161, 162) and a makeup solution (liquid from container 110, which dilutes and carries a sample, and is thus broadly viewed as a makeup solution) as the eluent (valve 141 guides the selected liquid to column 150 and beyond, as needed for analysis),
wherein the liquid sending pump supplies the eluent that has been guided by the eluent switching valve (in at least the case that liquid from container 110 is guided by valve 141 to column 150, pump 120 supplies this liquid).
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Watanabe as applied to claim 1 above, and further in view of JP 2005-241580 to Yamaki et al. (hereinafter referred to as Yamaki).
With regards to claim 2, Yamaki teaches the analysis device according to claim 1. However, Watanabe does not expressly teach a collector that collects another part of the sample that has passed through the second separation column.
Yamaki teaches configuration wherein a mass spectrometer (24) is used as a detector for detecting an eluent eluted from a separation column (14), a portion of an eluent eluted from the separation column being introduced into the mass spectrometer, and based on a detection signal provided by the mass spectrometer, eluent eluted from the separation column is fractionated and collected in a predetermined container by a fraction collector (16) (see fig. 1).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Watanabe such that after valve 190 it comprises configuration like depicted in fig. 1 of Yamaki. Specifically, configuration that splits off part of the eluent delivered from valve 190, and delivers part to the mass spectrometer 200 and another part to a fraction collector as in Yamaki. When connected to the lower columns of Watanabe, this would provide a collector that collects another part of the sample that has passed through the second separation column. One of ordinary skill in the art would be motivated to do so in order to fractionate and collect the components of the sample for further analysis or purification.
Allowable Subject Matter
Claim 6 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.
With regards to claim 6, the prior art considered to be most pertinent was not found to teach, alone or in combination:
a merging pipe that includes a first inlet pipe connected to a position farther downstream than the second separation column, a second inlet pipe and an outlet pipe, wherein
the flow-path switching valve includes a first port connected to a position farther upstream than the first separation column, a second port connected to the liquid sending pump, a third port connected to the second inlet pipe of the merging pipe, a fourth port connected to the outlet pipe of the merging pipe, a fifth port connected to the detector, and a sixth port connected to a position farther downstream than the first separation column,
in the first flow-path state, the first port and the second port are connected to each other, the third port and the fourth port are connected to each other, and the fifth port and the sixth port are connected to each other, and
in the second flow-path state, the second port and the third port are connected to each other, the fourth port and the fifth port are connected to each other, and the sixth port and the first port are connected to each other
in combination with all other elements in claim 6.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
JP 11-304783 to Yamada et al. discloses a related apparatus for liquid chromatography wherein plural eluates and separation columns are employed, in combination with switching valves 8, to have mass spectrometer 11 analyze samples. In this configuration, the switching valves also switchably connect fluid 13, broadly viewed as a makeup solution, and other eluates 3, 4/samples to mass spectrometer 11.
US 2019/0302065 to Yamazaki discloses a related liquid chromatograph comprising plural separation columns, and a switch 119 that switchable enables flow paths for different eluates.
US 2019/0212310 to Yoshino discloses a related liquid chromatograph with flow path switching valves 28, 36 switchable between different flow paths for various eluates.
US 11,573,212 to Inoue discloses a related liquid chromatograph with a flow channel mechanism that is switchable between a first communication state in which a first mixer and a first separation column communicate with a detector, and a second communication state in which a second mixer and a second separation column communicate with the detector.
US 2025/0020618 to Nakajima discloses a related liquid chromatograph with two columns that can be switchably connected in a desired order for various operations.
US 11,630,088 to Yamazaki discloses a related liquid chromatograph comprising switching valves that selectively connect eluates and samples therein to a desired column, and the column outputs are connected to detectors and fractionated.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James Split whose telephone number is (571)270-1524. The examiner can normally be reached Monday to Friday, 9:00 to 3:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Judy Nguyen can be reached at (571)272-2258. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JS/Examiner, Art Unit 2858
/JUDY NGUYEN/Supervisory Patent Examiner, Art Unit 2858