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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP2023-074514, filed on 04/28/2023.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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) 1-10 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 Yabuhara et al. (US9597612B2).
Regarding Claim 1, Yabuhara et al. teaches a sample preparation cartridge (See the Abstract, the solid-phase extraction containers 11, and the Claim(s) 1-15, [Col. 5 line 25]-[Col. 25 line 23] in Fig. 1-13C) comprising, in a container (See in Fig. 2A-7):
a first capture unit which captures an inclusion (See the filter F2 and the solid-phase extraction material M1, i.e. a first capture unit, in [Col. 16 lines 11-28] in Fig. 4A-7 and in claim 1);
a second capture unit disposed to be spaced apart from the first capture unit, which captures a contaminant (See the filter F1, i.e. a second capture unit, in [Col. 16 lines 11-28] in Fig. 4A-7);
a first space provided on one surface side of the first capture unit (See the convex portion 11d, i.e. a first space, in [Col. 6 line 36]-[Col. 7 line 30] Fig. 2A-5C);
a second space provided on one surface side of the second capture unit (See the combined body part 11a and the diameter-reducing part 11c, i.e. a second space, in [Col. 6 line 36]-[Col. 7 line 30] Fig. 2A-5C);
a third space provided between the first capture unit and the second capture unit (See the discharge passage 11b, i.e. a third space, in [Col. 6 line 36]-[Col. 7 line 30] Fig. 2A-5C); and
an inflow channel provided on an other side of the second capture unit, the second space being provided in parallel with the first space and communicated to a third space (See how the filter supplying mechanism 14a for supplies sample solution to the solid-phase extraction container 11 in [Col. 7 lines 31-56] in Fig. 1-7).
Note what is discussed in MPEP § 2144 VI. concerning the rearrangement of parts of a claimed invention in comparison to the prior art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice). The current claim limitations regarding the parallel configuration of the capture units, spaces, and the inflow channel, does not change the function of the claimed invention in comparison to the prior art.
Regarding Claim 2, Yabuhara et al. teaches the cartridge limitations of claim 1.
Yabuhara et al. further teaches a sample preparation cartridge (See the Abstract, the solid-phase extraction containers 11, and the Claim(s) 1-15, [Col. 5 line 25]-[Col. 25 line 23] in Fig. 1-13C), wherein the first capture unit is a solid-phase extractant (See the solid-phase extraction material M1 in [Col. 16 lines 11-28] in Fig. 4A-7 and in claim 1).
Regarding Claim 3, Yabuhara et al. teaches a sample preparation cartridge (See the Abstract, the solid-phase extraction containers 11, and the Claim(s) 1-15, [Col. 5 line 25]-[Col. 25 line 23] in Fig. 1-13C) comprising, in a container (See in Fig. 2A-7):
a first capture unit which captures an inclusion (See the filter F2 and the solid-phase extraction material M1, i.e. a first capture unit, in [Col. 16 lines 11-28] in Fig. 4A-7 and in claim 1);
a second capture unit disposed to be spaced apart from the first capture unit, which captures a contaminant (See the filter F1, i.e. a second capture unit, in [Col. 16 lines 11-28] in Fig. 4A-7);
a first space provided on one surface side of the first capture unit (See the combined body part 11a and the diameter-reducing part 11c, i.e. a first space, in [Col. 6 line 36]-[Col. 7 line 30] Fig. 2A-5C);
a second space provided on one surface side of the second capture unit (See the convex portion 11d, i.e. a second space, in [Col. 6 line 36]-[Col. 7 line 30] Fig. 2A-5C) ;
a third space provided between the first capture unit and the second capture unit (See the discharge passage 11b, i.e. a third space, in [Col. 6 line 36]-[Col. 7 line 30] Fig. 2A-5C); and
an outflow channel provided on an other side of the second capture unit, the second space being provided in parallel with the first space and communicated to the third space (See the outflow channel and holes in [Col. 7 lines 31-56] in Fig. 4D-7).
Note what is discussed in MPEP § 2144 VI. concerning the rearrangement of parts of a claimed invention in comparison to the prior art. The current claim limitations regarding the parallel configuration of the capture units, spaces, and the outflow channel, does not change the function of the claimed invention in comparison to the prior art.
Regarding Claim 4, Yabuhara et al. teaches the cartridge limitations of claim 3.
Yabuhara et al. further teaches a sample preparation cartridge (See the Abstract, the solid-phase extraction containers 11, and the Claim(s) 1-15, [Col. 5 line 25]-[Col. 25 line 23] in Fig. 1-13C), wherein the first capture unit is a solid-phase extractant (See the solid-phase extraction material M1 in [Col. 16 lines 11-28] in Fig. 4A-7 and in claim 1).
Regarding Claim 5, Yabuhara et al. teaches the cartridge limitations of claim 2.
Yabuhara et al. further teaches a sample preparation cartridge (See the Abstract, the solid-phase extraction containers 11, and the Claim(s) 1-15, [Col. 5 line 25]-[Col. 25 line 23] in Fig. 1-13C), wherein a sample is passed through the solid-phase extractant, the inclusion is captured by the solid-phase extractant, and a remainder of the sample that passes through the solid-phase extractant is dispensed into an analysis unit of an automatic analyzer (See the analyzer 1 and the discharging mechanism 15 for discharging the solid-phase extraction material from the solid-phase extraction container 11 in [Col. 5 line 40]-[Col. 6 line 35] in Fig. 1).
Regarding Claim 6, Yabuhara et al. teaches the cartridge limitations of claim 4.
Yabuhara et al. further teaches a sample preparation cartridge (See the Abstract, the solid-phase extraction containers 11, and the Claim(s) 1-15, [Col. 5 line 25]-[Col. 25 line 23] in Fig. 1-13C), wherein a sample is passed through the solid-phase extractant, the inclusion is captured by the solid-phase extractant, and a remainder of the sample that passes through the solid-phase extractant is dispensed into an analysis unit of an automatic analyzer (See the analyzer 1 and the discharging mechanism 15 for discharging the solid-phase extraction material from the solid-phase extraction container 11 in [Col. 5 line 40]-[Col. 6 line 35] in Fig. 1).
Regarding Claim 7, Yabuhara et al. teaches the cartridge limitations of claim 2.
Yabuhara et al. further teaches a sample preparation cartridge (See the Abstract, the solid-phase extraction containers 11, and the Claim(s) 1-15, [Col. 5 line 25]-[Col. 25 line 23] in Fig. 1-13C), wherein a sample is passed through the solid-phase extractant, the inclusion is captured by the solid-phase extractant, and a remainder of the sample that passes through the solid-phase extractant is dispensed into an analysis unit of an automatic analyzer (See the analyzer 1 and the discharging mechanism 15 for discharging the solid-phase extraction material from the solid-phase extraction container 11 in [Col. 5 line 40]-[Col. 6 line 35] in Fig. 1), and
further a liquid that can elute the inclusion is passed through the solid-phase extractant in which the inclusion is captured, an eluate in which the component captured by the solid-phase extractant is eluted is extracted, and the eluate is dispensed into the analysis unit of the automatic analyzer (See the sample analyzing section 40 and the eluate storing containers 41 in [Col. 9 line 13]-[Col. 10 line 20] in Fig. 1-13C).
Regarding Claim 8, Yabuhara et al. teaches the cartridge limitations of claim 4.
Yabuhara et al. further teaches a sample preparation cartridge (See the Abstract, the solid-phase extraction containers 11, and the Claim(s) 1-15, [Col. 5 line 25]-[Col. 25 line 23] in Fig. 1-13C), wherein a sample is passed through the solid-phase extractant, the inclusion is captured by the solid-phase extractant, and a remainder of the sample that passes through the solid-phase extractant is dispensed into an analysis unit of an automatic analyzer (See the analyzer 1 and the discharging mechanism 15 for discharging the solid-phase extraction material from the solid-phase extraction container 11 in [Col. 5 line 40]-[Col. 6 line 35] in Fig. 1), and
further a liquid that can elute the inclusion is passed through the solid-phase extractant in which the inclusion is captured, an eluate in which the component captured by the solid-phase extractant is eluted is extracted, and the eluate is dispensed into the analysis unit of the automatic analyzer (See the sample analyzing section 40 and the eluate storing containers 41 in [Col. 9 line 13]-[Col. 10 line 20] in Fig. 1-13C).
Regarding Claim 9, Yabuhara et al. teaches the cartridge limitations of claim 1.
Yabuhara et al. further teaches an automatic analyzer for analysis using the sample preparation cartridge (See the Abstract, the solid-phase extraction containers 11, the analyzer 1, and the Claim(s) 1-15, [Col. 5 line 25]-[Col. 25 line 23] in Fig. 1-13C), the analysis unit further (See in Fig. 1 and 12) comprising:
a mass spectrometer (See the sample analyzing section 40 and the analyzing unit 43, i.e. a mass spectrometer, in [Col. 9 line 13]-[Col. 10 line 20] in Fig. 1) and a sample preparation area (See the processing section 10, i.e. a sample preparation area 10, in [Col. 6 lines 4-35] in Fig. 1),
the sample preparation area (See the processing section 10, i.e. a sample preparation area 10, in [Col. 6 lines 4-35] in Fig. 1) comprising:
a sample supply unit (See the sample setting section 20, i.e. a sample supply unit, in [Col. 5 line 40]-[Col. 6 line 3] in Fig. 1),
a reaction tank (See how the analyzer 1 may have a structure with 96 solid-phase extraction containers 11 in addition to other containers and container storage units that could be used for "reactions" in [Col. 6 lines 26-35] in Fig. 1),
a reagent storage unit (See the reagent supplying section 30, i.e. a reagent storage unit, in [Col. 9 line 57]-[Col. 10 line 20] in Fig. 1),
a sample preparation cartridge supply unit (See the sample dispensing arm 23a and the suction mechanism 23a1, i.e. a sample preparation cartridge supply unit, in [Col. 5 line 40]-[Col. 6 line 3] in Fig. 1),
a sample preparation cartridge installation mechanism (See the sample dispensing mechanism 23, i.e. sample preparation cartridge installation mechanism, in [Col. 5 line 40]-[Col. 6 line 3] in Fig. 1) and
a disposal unit (See the container cleaning mechanism 17 and the waste container 17a, i.e. a disposal unit, in [Col. 16 line 59]-[Col. 17 line 26] in Fig. 1),
the sample preparation cartridge supply unit including a mechanism which transfers the sample preparation cartridge and a sample suction mechanism which transfers a sample in the reaction tank to the sample preparation cartridge (See the sample dispensing mechanism 23 in [Col. 5 line 40]-[Col. 6 line 3] in Fig. 1), and
the sample preparation cartridge installation mechanism moves the sample preparation cartridge to the mass spectrometer or the disposal unit (See the sample analyzing section 40 and the analyzing unit 43, i.e. a mass spectrometer, in [Col. 9 line 13]-[Col. 10 line 20] in Fig. 1 and the claim(s) 1-15).
Regarding Claim 10, Yabuhara et al. teaches the cartridge limitations of claim 2.
Yabuhara et al. further teaches an automatic analyzer for analysis using the sample preparation cartridge (See the Abstract, the solid-phase extraction containers 11, the analyzer 1, and the Claim(s) 1-15, [Col. 5 line 25]-[Col. 25 line 23] in Fig. 1-13C), the analysis unit further (See in Fig. 1 and 12) comprising:
a mass spectrometer (See the sample analyzing section 40 and the analyzing unit 43, i.e. a mass spectrometer, in [Col. 9 line 13]-[Col. 10 line 20] in Fig. 1) and a sample preparation area (See the processing section 10, i.e. a sample preparation area 10, in [Col. 6 lines 4-35] in Fig. 1),
the sample preparation area (See the processing section 10, i.e. a sample preparation area 10, in [Col. 6 lines 4-35] in Fig. 1) comprising:
a sample supply unit (See the sample setting section 20, i.e. a sample supply unit, in [Col. 5 line 40]-[Col. 6 line 3] in Fig. 1),
a reaction tank (See how the analyzer 1 may have a structure with 96 solid-phase extraction containers 11 in addition to other containers and container storage units that could be used for "reactions" in [Col. 6 lines 26-35] in Fig. 1),
a reagent storage unit (See the reagent supplying section 30, i.e. a reagent storage unit, in [Col. 9 line 57]-[Col. 10 line 20] in Fig. 1),
a sample preparation cartridge supply unit (See the sample dispensing arm 23a and the suction mechanism 23a1, i.e. a sample preparation cartridge supply unit, in [Col. 5 line 40]-[Col. 6 line 3] in Fig. 1),
a sample preparation cartridge installation mechanism (See the sample dispensing mechanism 23, i.e. sample preparation cartridge installation mechanism, in [Col. 5 line 40]-[Col. 6 line 3] in Fig. 1) and
a disposal unit (See the container cleaning mechanism 17 and the waste container 17a, i.e. a disposal unit, in [Col. 16 line 59]-[Col. 17 line 26] in Fig. 1),
the sample preparation cartridge supply unit including a mechanism which transfers the sample preparation cartridge and a sample suction mechanism which transfers a sample in the reaction tank to the sample preparation cartridge (See the sample dispensing mechanism 23 in [Col. 5 line 40]-[Col. 6 line 3] in Fig. 1), and
the sample preparation cartridge installation mechanism moves the sample preparation cartridge to the mass spectrometer or the disposal unit (See the sample analyzing section 40 and the analyzing unit 43, i.e. a mass spectrometer, in [Col. 9 line 13]-[Col. 10 line 20] in Fig. 1 and the claim(s) 1-15).
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: Doucette et al. (US20150051383A1) and Shen et al. (US20160346781A1).
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 9:00am - 5:30pm CT.
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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.
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/BRITNEY N. WASHINGTON/Examiner, Art Unit 1797
/JENNIFER WECKER/Primary Examiner, Art Unit 1797
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