NON-FINAL 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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings were received on 26 February 2024. These drawings are acceptable.
Specification
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware of in the specification.
The abstract of the disclosure is acceptable.
The title of the invention is acceptable.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 13-24 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 13 recites “a first passage connecting the first opening to the hollow part” (line 6), and “wherein the first passage is positioned between the inner body surface and the outer valve surface” (line 10). These two recitations describe the first passage as a conduit through the piston body, or as a clearance adjacent to the valve, and it is unclear which physical space “the first passage” refers to or whether they are intended to be the same space. Claim 13 also recites “wherein the outer valve surface defines the first passage and a second passage” (line 9). It is unclear how the first passage is structurally differentiated from the second passage.
Furthermore, claim 13 recites “a gap between the inner body surface and the outer valve surface” (line 15). This description has already been used for “the first passage”. It is unclear if “the first passage” and the “gap” refer to the same space “between the inner body surface and the outer valve surface” or different features. If they refer to the same structure, consistent terminology should be used. The use of a confusing variety of terms for the same thing should not be permitted. See MPEP 608.01(o). Claim 23 recites substantially the same language and is rejected for the same reasons. Claims 14-22 and 24 are rejected for the same reasons due to their dependency upon claims 13 and 23.
Allowable Subject Matter
Claims 13-24 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The prior art does not teach or suggest a piston for centrifugation comprising a valve having an outer valve surface with a recess part formed therein, in combination with a first inner sealing part positioned at the recess part, in contact with the inner body surface of the piston body, and configured to both space the outer valve surface apart from the inner body surface and seal a gap between the inner body surface and the outer valve surface at a time of centrifugation, as recited in claim 13.
In particular, WO 2019/050248 (Lee, corresponding to U.S. Patent No. 11,661,578) discloses a piston body/valve structure including a clearance formed between an outer surface of a valve and an inner surface the piston body that defines a second flow path 2116, but does not disclose a recess formed in that outer valve surface. The inner sealing member 240 is instead seated in a groove formed in the piston body’s own inner surface, not in a recess of the valve, for the purpose of retaining the valve within the piston body, rather than spacing the valve from, and sealing it against, the inner body surface during centrifugation.
WO 2019/151705 (Lee, corresponding to U.S. Patent No. 11,623,228) discloses a recess 144 or 145 and resilient member 171 or 172 structure on a valve component 141, but the recess is formed in an inner surface of the valve body, and is configured to seal against a separate internal guide, rather than in an outer surface of the valve configured to seal against the piston body’s inner body surface as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHUYI S LIU whose telephone number is (571)272-0496. The examiner can normally be reached MON - FRI 9:30AM - 2:30PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire Wang can be reached at 571-270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Shuyi S. Liu/Examiner, Art Unit 1774
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