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 .
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.
Claim(s) 1-4, 6-10, 13-15 and 17-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by United States Application Publication No. 2013/0224089, hereinafter Tanaka.
Regarding claim 1, Tanaka teaches an assay device (item 102) configured to separate a suspension into a filtrate and a residue for testing at least one of the filtrate and the residue, the device comprising: a filter aperture (item 415) for a filter membrane (item 502) for receiving the suspension and separating the suspension into the filtrate and the residue (intended use MPEP § 2114 (II)); a filtrate receiving portion (item 720) for receiving the filtrate; a residue receiving portion (item 710) for receiving the residue; a first buffer container (one of item 420) configured to contain a first buffer liquid; a liquid release member (item 830) configured to create an outlet of the first buffer container (paragraph [0083]); a filter arm (item 400) comprising the filter aperture (figure 9); and a user actuated switch (item 800) configured to be movable from a first set position to a second set position (paragraph [0086]), the user actuated switch comprising a transition structure (item 810) configured to guide the filter arm; wherein the assay device is configured such that: at the first set position the filter aperture is aligned with the filtrate receiving portion (figures 9-20, paragraphs [0090]-[0095]); at the second set position the filter aperture is aligned with the first buffer container and with the residue receiving portion figures 9-20, paragraphs [0090]-[0095]); and during a transition from the first set position to the second set position: the filter arm is moved such that the filter aperture is aligned with the residue receiving portion (figures 9-20, paragraphs [0090]-[0095]); and the liquid release member and the first buffer container are brought together such that the liquid release member creates the outlet of the first buffer container (figures 9-20, paragraphs [0090]-[0095]).
Regarding claim 2, Tanaka teaches the assay device further comprises a second buffer container (another of item 420) configured to contain a second buffer liquid (paragraph [0076]); the user actuated switch is configured to be movable from a third set position to the first set position and from the first set position to the second set position (functional limitation MPEP § 2114 and is taught in figures 9-20, paragraphs [0090]-[0095]); and the liquid release member is further configured to create an outlet of the second buffer container (functional limitation MPEP § 2114 and is taught in figures 9-20, paragraphs [0090]-[0095]).
Regarding claim 3, Tanaka teaches the assay device is configured such that: at the third set position the filter aperture is aligned with the filtrate receiving portion (functional limitation MPEP § 2114 and is taught in figures 9-20, paragraphs [0090]-[0095]); at the first set position the filter aperture is aligned with the second buffer container and with the filtrate receiving portion (functional limitation MPEP § 2114 and is taught in figures 9-20, paragraphs [0090]-[0095]); and during a transition from the third set position to the first set position the liquid release member and the second buffer container are brought together such that the liquid release member creates the outlet of the second buffer container (functional limitation MPEP § 2114 and is taught in figures 9-20, paragraphs [0090]-[0095]).
Regarding claim 4, Tanaka teaches the residue receiving portion is configured to receive the first buffer liquid through the filter aperture (functional limitation MPEP § 2114 and is taught in figures 9-20, paragraphs [0090]-[0095]), wherein optionally the residue receiving portion is further configured to receive the residue through the filter aperture (optional).
Regarding claim 6, Tanaka teaches the filtrate receiving portion is configured to receive the filtrate through the filter aperture (functional limitation MPEP § 2114 and is taught in figures 9-20, paragraphs [0090]-[0095]).
Regarding claim 7, Tanaka teaches the filtrate receiving portion is configured to receive the filtrate and the second buffer liquid through the filter aperture (functional limitation MPEP § 2114 and is taught in figures 9-20, paragraphs [0090]-[0095]).
Regarding claim 8, Tanaka teaches the assay device is configured such that: at the first set position the filter aperture is aligned with the filtrate receiving portion and with the second buffer container (functional limitation MPEP § 2114 and is taught in figures 9-20, paragraphs [0090]-[0095]); and at the second set position the filter aperture is aligned with the residue receiving portion and with the first buffer container (functional limitation MPEP § 2114 and is taught in figures 9-20, paragraphs [0090]-[0095]).
Regarding claim 9, Tanaka teaches the filter aperture contains a filter membrane (item 502) for receiving the suspension and separating the suspension into the filtrate and the residue (intended use MPEP § 2114 (II) and is taught in paragraph [0079]).
Regarding claim 10, Tanaka teaches the user actuated switch comprises a dial (item 820), wherein the dial is configured to be rotated from the first set position to the second set position (functional limitation MPEP § 2114 and is taught in paragraph [0085]), and wherein optionally the transition structure is configured to be rotated by the rotating dial (optional).
Regarding claim 13, Tanaka teaches the liquid release member comprises a spike (paragraph [0078], small projections).
Regarding claim 14, Tanaka teaches the filter arm is configured to rest on the transition structure (figure 10).
Regarding claim 15, Tanaka teaches wherein the transition structure comprises a plurality of levels (there is an upper and lower level of item 810), and wherein optionally during the transition from the first set position to the second set position, the filter arm is at a different level of the plurality of levels of the transition structure than at the first set position or the second set position (optional).
Regarding claim 17, Tanaka teaches the filter arm is configured to be rotated by the transition structure (functional limitation MPEP § 2114 and if the device is rotated, the filter arm which rests on the transition structure would be rotated by the transition structure).
Regarding claim 18, Tanaka teaches the assay device comprises a first liquid release member configured to create an outlet of the first buffer container (paragraph [0078]); the assay device further comprises a second buffer container (another of item 420) configured to contain a second buffer liquid (paragraph [0076]) and a second liquid release member configured to create an outlet of the second buffer container (paragraph [0078]); and the user actuated switch is configured to be movable from a third set position to the first set position and from the first set position to the second set position (functional limitation MPEP § 2114 and is taught in figures 9-20, paragraphs [0090]-[0095]).
Regarding claim 19, Tanaka teaches the assay device is configured such that: at the third set position the filter aperture is aligned with the filtrate receiving portion (functional limitation MPEP § 2114 and is taught in figures 9-20, paragraphs [0090]-[0095]); at the first set position the filter aperture is aligned with the second buffer container and with the filtrate receiving portion (functional limitation MPEP § 2114 and is taught in figures 9-20, paragraphs [0090]-[0095]); and during a transition from the third set position to the first set position the liquid release member and the second buffer container are brought together such that the liquid release member creates the outlet of the second buffer container (functional limitation MPEP § 2114 and is taught in figures 9-20, paragraphs [0090]-[0095]).
Regarding claim 20, Tanaka teaches further comprising a buffer cassette (item 250), wherein the buffer cassette is configured to be rotated in response to user actuation of the user actuated switch (functional limitation and the device as a whole can be rotated in response to the user actuated switch), and wherein the buffer cassette comprises the first buffer container, the second buffer container, the first liquid release member configured to create an outlet of the first buffer container and the second liquid release member configured to create an outlet of the second buffer container (figure 10).
Regarding claim 21, Tanaka teaches the assay device is configured such that during a transition from the third set position to the first set position, the buffer cassette is rotated such that: the second buffer container is aligned with the filtrate receiving portion (functional limitation MPEP § 2114 and is taught in figures 9-20, paragraphs [0090]-[0095]); and the first buffer container is aligned with the residue receiving portion (functional limitation MPEP § 2114 and is taught in figures 9-20, paragraphs [0090]-[0095]).
Regarding claim 22, Tanaka teaches each of the first and second buffer containers comprise a first film and a second film (paragraph [0078]), and wherein: the first liquid release member is configured to pierce the first and second films of the first buffer container (functional limitation MPEP § 2114 and is taught in paragraph [0078]); and the second liquid release member is configured to pierce the first and second films of the second buffer container (functional limitation MPEP § 2114 and is taught in paragraph [0078]).
Regarding claim 23, Tanaka teaches the assay device further comprises a filter membrane (item 502) in the filter aperture and wherein: the first liquid release member is configured to pierce the first and second films of the first buffer container and make contact with the filter membrane (functional limitation and is taught in paragraph [0078]); and the second liquid release member is configured to pierce the first and second films of the second buffer container and make contact with the filter membrane (functional limitation and is taught in paragraph [0078]), wherein optionally the first liquid release member and the second liquid release member each comprise a spike that is either smooth, ridged, or serrated (optional).
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka.
Regarding claim 12, the embodiment described above teaches all limitations of claim 1; however, in the embodiment described above, Tanaka fails to teach the user actuated switch comprises a slider, wherein the slider is configured to be moved in one dimension between the first set position and the second set position.
Tanaka further teaches a user actuated switch which comprises a slider which moves in one direction (paragraph [0068]).
Examiner further finds that the prior art contained a device/method/product (i.e., a slider switch) which differed from the claimed device by the substitution of component(s) (i.e., a rotating switch) with other component(s) (i.e., a slider switch), and the substituted components and their functions were known in the art as above set forth. An ordinarily skilled artisan at the time of invention could have substituted one known element with another (i.e., a rotating switch with a sliding switch), and the results of the substitution (i.e., changing the flow paths) would have been predictable.
Therefore, pursuant to MPEP §2143 (I), Examiner concludes that it would have been obvious to an ordinarily skilled artisan at the time of invention to substitute the rotating switch of reference Tanaka with a sliding switch of reference Tanaka, since the result would have been predictable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW D KRCHA whose telephone number is (571)270-0386. The examiner can normally be reached M-Th 7am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Maris Kessel can be reached at (571)270-7698. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW D KRCHA/ Primary Examiner, Art Unit 1796
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