DETAILED ACTION
Notice of AIA Status
The present application, filed on 5/23/2024, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 1-19 are pending.
Claims 1-7 and 16-19 are rejected.
Claims 8-15 are objected.
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.
Claim 18 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint regards as the invention.
Claim 18 recites “the third valve”. There is insufficient antecedent basis for the “the third valve” in the claim. To address this, consider changing the dependency of claim 18 such that claim 18 depends on claim 3 or rephrasing to ‘a valve’. For compact prosecution, the third valve is interpreted in the current examination as ‘a valve’.
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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barak (US6042564A).
With respect to claim 1, Barak (US6042564A) teaches an auxiliary connection device (pump system illustrated in Fig. 2), comprising: a power unit (pump 62 in column 4); and a liquid transfer tubing assembly (flow set 10 in column 4, illustrated in Fig.2), wherein the liquid transfer tubing assembly (flow set 10) comprises a first liquid transfer tubing (connecting tubing 30 in column 4, illustrated in Fig.2), the first liquid transfer tubing (connecting tubing 30) comprises a first port and a second port (the opposite open ends of connecting tube 30 through which liquid flows) (see column 4, which recites “the connecting tube 30 spans between the two valves 16, 18; in each case connecting to a communication port 40 of each valve 16, 18”) (the first port of the connecting tubing 30 and the second port of the connecting tubing 30 connecting to respective communication ports 40 of valves 16 and 18, see Fig. 1), the power unit (pump 62) engages with the first liquid transfer tubing (connecting tubing 30) (see column 4, which recites “a pump 62 of a pump unit 60 (both shown in dotted lines) is coupled to the connecting tube 30 of the flow set 10”) (see Figs. 1-2), and the power unit (pump 62) is located at the first liquid transfer tubing (connecting tubing 30) between the first port and the second port (see Fig. 1).
Claim Rejections - 35 USC § 103
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.
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.
Claims 2-3, 16-17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Barak (US6042564A) in view of Gallinger (CA2770255).
With respect to claim 2, Barak teaches the auxiliary connection device according to claim 1, wherein the auxiliary connection device (pump system) comprises a temporary storage unit (separate liquid container 12) connected to the liquid transfer tubing assembly (flow set 10), the liquid transfer tubing assembly (flow set 10) comprises a second liquid transfer tubing (first tubing segment 20), the second liquid transfer tubing (first tubing segment 20) is connected to the temporary storage unit (separate liquid container 12) (see Fig. 1) (see column 3, which recites “one end of each first tubing segment 20, 22 is connectable to an outlet 32 of a separate liquid container 12”) and the first liquid transfer tubing (connecting tube 30) (see column 3, which recites “the other end of each first tubing segment 20, 22 is connected to an inlet 34 of one of the valves 16, 18”), and a joint (valve 16, see Fig. 1) of the first liquid transfer tubing (connecting tubing 30) and the second liquid transfer tubing (first tubing segment 20); and the liquid transfer tubing assembly (flow set 10) comprises a third liquid transfer tubing (second tubing segment 26), the third liquid transfer tubing (second tubing segment 26) is connected to the second liquid transfer tubing (first tubing segment 20) and the first liquid transfer tubing (connecting tubing 30), and a joint (valve 18, see Fig.1) of the third liquid transfer tubing (second tubing segment 26) and the first liquid transfer tubing (connecting tubing 30).
Barak fails to teach that the joint of the first liquid transfer tubing and the second liquid transfer tubing is located between the second port and the power unit; and the joint of the third liquid transfer tubing and the first liquid transfer tubing is located between the first port and the power unit.
In the analogous art of fluidic devices, Gallinger (CA2770255) teaches a joint (outlet manifold 34, see Fig. 1) of a first liquid transfer tubing (tubing of pump assembly 16, see Fig. 1) and a second liquid transfer tubing (tubing pump assembly 17, see Fig. 1) is located between a second port (outlet 14, see Fig. 1) and a power unit (pump 18, see Fig. 1); and a joint (inlet manifold 32, see Fig. 1) of a third liquid transfer tubing (bypass conduit 35, see Fig. 1) and the first liquid transfer tubing (the tubing of the pump assembly 16, see Fig. 1) is located between a first port (inlet 12, see Fig. 1) and the power unit (pump 18, see Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the auxiliary connection device disclosed by Barak with Gallinger’s teaching that the inlet manifold 32 provides a fluid path junction between inlet 12 and pump 18 and an outlet manifold 34 provides a fluid path junction between pump 18 and outlet 14, with a reasonable expectation of success, such that the joint of the first liquid transfer tubing and the second liquid transfer tubing is located between the second port and the power unit; and the joint of the third liquid transfer tubing and the first liquid transfer tubing is located between the first port and the power unit, for the benefit of achieving increased versatility in routing liquid through the liquid tubing assembly (see [0020] of Gallinger, which recites “the depicted embodiment has been provided with multiple connections and valves between tubing to provide more versatility during use. As with FIG. 1, the configuration of valves may be modified in order to allow pump assemblies 16 and 17 to be used in parallel, in series or in isolation”)
With respect to claim 3, Barak in view of Gallinger teaches the auxiliary connection device according to claim 2, wherein the first liquid transfer tubing (connecting tube 30) between the first port and the power unit (pump 62) is provided with a first valve (valve 36a in Fig. 1 of Gallinger), the first liquid transfer tubing (connecting tube 30) between the second port and the power unit (pump 62) is provided with a second valve (valve 36e in Fig. 1 of Gallinger), the second liquid transfer tubing (first tubing segment 20) is provided with a third valve (valve 36d in Fig. 1 of Gallinger), and the third liquid transfer tubing is provided with a fourth valve (valve 36b in Fig. 1 of Gallinger).
With respect to claim 16, Barak in view of Gallinger teaches the auxiliary connection device according to claim 2, wherein the auxiliary connection device (pump system) further comprises a rinsing unit (separate liquid container 14 in Fig 2 of Barak), the liquid transfer tubing assembly (flow set 10) comprises a fifth liquid transfer tubing (first tubing segment 22), one end of the fifth liquid transfer tubing (first tubing segment 22) is connected to the rinsing unit (separate liquid container 14), and the other end of the fifth liquid transfer tubing (first tube segment 22) is connected to the third liquid transfer tubing (second tubing segment 26) (see Fig. 2 of Barak).
With respect to claim 17, Barak in view of Gallinger teaches the auxiliary connection device according to claim 16, wherein the fifth liquid transfer tubing (first tubing segment 22) is provided with a sixth valve (valve 18 in Fig. 2 of Barak).
With respect to claim 19, Barak in view of Gallinger teaches the auxiliary connection device according to claim 16, wherein the auxiliary connection device (pump system) further comprises a supporting member (arm 72 in column 4 of Barak), and the rinsing unit (separate liquid container 14) is disposed on the supporting member (arm 72) (see Fig. 2 of Barak).
Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Barak (US6042564A) in view of Gallinger (CA2770255) in view of Karlin (US20210093983).
With respect to claim 4, Barak in view of Gallinger teaches the auxiliary connection device according to claim 3.
Barak in view of Gallinger fails to teach a casing, and the first liquid transfer tubing, the second liquid transfer tubing, and the third liquid transfer tubing are distributed on a side wall of the casing.
In the analogous art of fluidic devices, Karlin (US20210093983) teaches a casing (housing 5 in [0039]), and a liquid transfer tubing assembly including a plurality of liquid transfer tubings (disposable tubing set 21 in [0042]) are distributed on a side wall (wall 45 c in [0039]) of the casing (housing 5) (see Fig. 1a).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the auxiliary connection device disclosed by Barak in view of Gallinger by incorporating the casing including the arrangement of the plurality of liquid transfer tubings on a side wall of the casing as disclosed by Karlin with a reasonable expectation of success, such that the first liquid transfer tubing, the second liquid transfer tubing, and the third liquid transfer tubing are distributed on a side wall of the casing, for the benefit of supporting the liquid transfer tubings in a compact arrangement while facilitating access to the disposable tubing set and reducing tubing length (see [0039] of Karlin).
With respect to claim 5, Barak in view of Gallinger in view of Karlin teaches the auxiliary connection device according to claim 4, wherein the first valve, the second valve, the third valve, and the fourth valve are pinch valves (see [0036], which recites “the valves 7 a-f,9 a-d,11 a-f,13 a-e,15 a-f, 65 connected to the frame or housing 5 of the base station 1 can for example be pinch valves”), the pinch valves are connected to the side wall (wall 45 c) of the casing (housing 5), and the pinch valves are located on an outer side of the liquid transfer tubing assembly (disposable tubing set 21) (see Fig. 1a of Karlin).
With respect to claim 6, Barak in view of Gallinger in view of Karlin teaches the auxiliary connection device according to claim 5, wherein the power unit (pump 62) is a peristaltic pump (column 4 of Barak, which recites “the pump 62 is preferably a peristaltic pump”), the peristaltic pump (pump 62) is located on the casing (housing 5) (see [0038] of Karlin, which recites “the frame or housing 5 comprises an empty space 41 in a bottom part 43 of the frame or housing 5 for receiving said movable pump holding device 35”) (see [0010] of Karlin, which recites “the pumps can also be provided completely within the frame or housing during run of the system”), and the first liquid transfer tubing (connecting tubing 30) engages with a pump head of the peristaltic pump (pump 62) (peristaltic pumps have a pump head, as evidenced by “Peristatic Pump Head: Types, Uses and Benefits”, which recites “the pump head is the most important part of a peristaltic pump that drives the liquid from the tube”).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Barak (US6042564A) in view of Gallinger (CA2770255) in view of Karlin (US20210093983) in view of Shi (CN111634567A).
With respect to claim 7, Barak in view of Gallinger in view of Karlin teaches the auxiliary connection device according to claim 5.
Barak in view of Gallinger in view of Karlin fails to teach a thermal insulation unit for providing a preset temperature, the thermal insulation unit is located in the casing, and the temporary storage unit is located in the thermal insulation unit.
In the analogous art of biological laboratory devices, Shi (CN111634567A) teaches a thermal insulation unit (storage area 80 on page 10) for providing a preset temperature (see page 10, which recites “the refrigerating device 61 is used for adjusting the temperature of the storage area 80 to a preset temperature”) (see page 12, which recites “the thermal insulation member 91 is disposed in the storage area 80, the thermal insulation member 91 is used for dividing the storage area 80 into an inspection area 81 and a sample area 82”); the thermal insulation unit (storage 80) is located in the casing (see Fig. 3), and the temporary storage unit (storage device 10) is located in the thermal insulation unit (storage 80) (see page 12, which recites “a plurality of storage devices 10 are disposed in the sample area 82”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the auxiliary connection device disclosed by Barak in view of Gallinger in view of Karlin by incorporating the thermal insulation as disclosed by Shi with a reasonable expectation of success, for benefit of preventing the biological samples or reagents from thermally degrading and decomposing at elevated temperatures by maintaining the biological samples or reagents at a stable temperature.
Allowable Subject Matter
Claims 8-15 are 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.
With respect to claims 8-12, the art available to the public before the effective filing date of the claimed invention fails to teach or reasonably suggest that the auxiliary connection device further comprises a sampling unit, the liquid transfer tubing assembly comprises a fourth liquid transfer tubing, the fourth liquid transfer tubing is connected to the sampling unit and the first liquid transfer tubing, and a joint of the fourth liquid transfer tubing and the first liquid transfer tubing is located between the second port and the power unit, as recited in claim 8.
With respect to claims 13-15, the art available to the public before the effective filing date of the claimed invention fails to teach or reasonably suggest that the auxiliary connection device comprises a detection unit, the detection unit is located on an outer side of the first liquid transfer tubing between the first port and the power unit, and the detection unit is configured to determine whether there is a solution in the first liquid transfer tubing between the first port and the power unit, as recited in claim 13.
Claim 18 would be allowable if rewritten to overcome the rejection under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
With respect to claim 18, the art available to the public before the effective filing date of the claimed invention fails to teach or reasonably suggest that the second liquid transfer tubing comprises a first sub-tubing and a second sub-tubing connected in sequence, a port of the first sub-tubing is connected to the temporary storage unit, a port of the second sub-tubing is connected to the first liquid transfer tubing, the third valve is located on the first sub-tubing, and the second sub-tubing is provided with a seventh valve, as recited in claim 18.
/JONATHAN BORTOLI/Examiner, Art Unit 1797
Prosecution Insights