CTNF 18/718,163 CTNF 95326 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. 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 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. Priority 02-26 AIA Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (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. 07-15 AIA Claim 1-2 and 7 are rejected under 35 U.S.C. 102( a)(1) and 102 (a)(2 ) as being anticipated by Tomoaki , WO2020080041A1 (US20210349062A1 has been used for citation) . Claim 1 Tomoaki in figs. 1-4 teaches: A fractionating liquid chromatograph comprising: a liquid delivery pump 12; a sampler (not limited but including 14) connected to the liquid delivery pump 12; a separation column 16 connected to the sampler (not limited but including 14); and a detector 18 connected to the separation column 16 and the sampler (not limited but including 14), the sampler (not limited but including 14) including a needle that suctions or discharges a sample (needle of injector 14 that suctions or discharges a sample), a flow path switching valve 6 connected to the needle (via 14), and a storage unit 4 to store a sample (e.g., ¶0016), the fractionating liquid chromatograph further comprising a controller 8 that controls the flow path switching valve 6 to switch a state of the flow path switching valve between a first state and a second state (e.g., states as shown with results in figs.2 and 4), the needle being connected to the storage unit 4 via the flow path switching valve 6 in the first state (first state as shown in figs.1 and 3), the needle being connected to the detector (18) via the flow path switching valve (6) in the second state (18 and needle are connected in any switching state of 6). Claim 2 Tomoaki teaches the fractionating liquid chromatograph according to claim 1, wherein the detector 18 is connected to a drain in the first state (as shown in figs.1 and 3). Claim 7 Tomoaki teaches: A control method for a fractionating liquid chromatograph, the fractionating liquid chromatograph including a liquid delivery pump (12), a sampler (including to 14) connected to the liquid delivery pump 12, a separation column 16 connected to the sampler (including 14), and a detector 18 connected to the separation column 16 and the sampler (including 14), the sampler (including 14) including a needle that suctions or discharges a sample (injector 14 comprises needle to suction and discharge samples), a flow path switching valve (6 and switching valve in 14) connected to the needle (valve 6 is connected to the needle via 14 ), and a storage unit 4 to store a sample (e.g.,¶0016 ), the control method (using controller 8) comprising: setting a state of the flow path switching valve 6 to a first state (figs.1,3) to deliver the sample to the separation column 16, the needle being connected to the storage unit 4 via the flow path switching valve 6 in the first state (including path 26); and setting the state of the flow path switching valve 6 to a second state (e.g., ¶0032) to fractionate an eluate from the detector 18 (collected in 4 to fraction controller 34), the needle being connected to the detector 18 via the flow path switching valve 6 in the second state (needle and 18 are connected in the switching state 6) . 07-15 AIA Claim 1-2 and 7 are also rejected under 35 U.S.C. 102( a)(1) and 102 (a)(2 ) as being anticipated by Dionex 1 , THERMO SCIENTIFIC DIONEX, UltiMate 3000 Well Plate Autosampler, catalog, PS70157 _E 09/16S, 2016, pp. 1-12. [online], [retrieval date 15 December 2022] . Claim 1 Dionex 2 teaches: A fractionating liquid chromatograph (e.g., page 1: Sample injection and fractionation for automated off-line multidimensional and multistep liquid chromatography) comprising: a liquid delivery pump (pump in fig.10); a sampler connected to the liquid delivery pump (fig.10 RSLCnano autosampler system including valve and needle and flow paths connected to pump providing sample to the column and detector); a separation column (column in fig.10) connected to the sampler; and a detector (detector shown in fig.10) connected to the separation column (column in fig.10) and the sampler (fig.10), the sampler including a needle (for drawing and discharging sample connected to the different flow paths in fig.10) that suctions or discharges a sample (sample pushed by pump in different flow paths of fig.10), a flow path switching valve (8-way valve fig.10) connected to the needle (needle in fig.10), and a storage unit (sample loop in fig.10) to store a sample (function of sample loop), the fractionating liquid chromatograph (Sample injection and fractionation for automated off-line multidimensional and multistep liquid chromatography in fig.10) further comprising a controller (autosampler requires controller: Autosamplers supporting injection, fractionation, and re-injection in a single instrument are based on the pulled-loop injection principle) that controls the flow path switching valve to switch a state of the flow path switching valve between a first state and a second state (autosampler means a controller switch valve in different states using controller), the needle being connected to the storage unit via the flow path switching valve in the first state (the state with 45 from the state shown in fig.10) , the needle being connected to the detector via the flow path switching valve in the second state (fig.10 needle connected to the detector via the flow path switching valve). Claim 2 Dionex teaches the fractionating liquid chromatograph according to claim 1, wherein the detector 18 is connected to a drain in the first state (the state with switching valve for 45 from the state shown in fig.10) . Allowable subject matter 12-151-08 AIA 07-43 12-51-08 Claim s 3-6 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. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 3: The prior art, alone or in combination, fails to anticipate or render obvious an assembly comprising fractionating liquid chromatograph wherein the syringe causes the needle to discharge the sample stored in the storage unit toward the separation column, in the first state, the first line is closed, and the detector is connected through the second line to the drain, and in the second state, the detector is connected through the first line to the needle, and the second line is connected to the syringe, in conjunction with the remaining claim limitations. Claims 4-6 are depend on claim 3 . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20240027407 A1 This application teaches: A fractionating liquid chromatograph 10 comprising: a liquid delivery pump 20; a sampler connected to the liquid delivery pump 20; a separation column 30 connected to the sampler; and a detector 50 connected to the separation column 30 and the sampler, the sampler including a needle 202 that suctions or discharges a sample, a flow path switching valve 90 connected to the needle 202, and a storage unit 204 to store a sample , the fractionating liquid chromatograph (60) further comprising a controller that controls the flow path switching valve to switch a state of the flow path switching valve between a first state and a second state. US 20200333300 A1 This application teaches: A fractionating liquid chromatograph 100 comprising: a liquid delivery pump 200; a sampler connected to the liquid delivery pump 20; a separation column 30 connected to the sampler; and a detector 50 connected to the separation column 30 and the sampler, the sampler including a needle 122 that suctions or discharges a sample, a flow path switching valve 106 connected to the needle 122, and a storage unit to store a sample 112, the fractionating liquid chromatograph (60) further comprising a controller that controls the flow path switching valve to switch a state of the flow path switching valve between a first state and a second state. US 20170322187 A1 This application teaches: A fractionating liquid chromatograph comprising: a liquid delivery pump 200; a sampler connected to the liquid delivery pump 200; a separation column 30 connected to the sampler; and a detector 50 connected to the separation column 30 and the sampler, the sampler including a needle 212 that suctions or discharges a sample, a flow path switching valve 90 connected to the needle 212, and a storage unit to store a sample 232, the fractionating liquid chromatograph (60) further comprising a controller that controls the flow path switching valve to switch a state of the flow path switching valve between a first state and a second state. CN 111505173 A This application teaches: A fractionating liquid chromatograph 100 comprising: a liquid delivery pump 250,110; a sampler connected to the liquid delivery pump 250,110; and a detector 130 connected to the sampler, the sampler including a needle 240 that suctions or discharges a sample, a flow path switching valve 210,280 connected to the needle 240. US 20230173480 A1 and remaining prior art of record all teach A fractionating liquid chromatograph comprising switching valve and detector and fractionating units, but none of them teach further comprising: a first line and a second line connected to the detector; and a syringe connected to the needle via the storage unit in the first state, wherein the syringe causes the needle to discharge the sample stored in the storage unit toward the separation column, in the first state, the first line is closed, and the detector is connected through the second line to the drain, and in the second state, the detector is connected through the first line to the needle, and the second line is connected to the syringe. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Fatemeh E. Nia whose telephone number is (469)295-9187. The examiner can normally be reached 9:00 am to 4:00 pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina DeHerrera can be reached at (303) 297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /FATEMEH ESFANDIARI NIA/Examiner, Art Unit 2855 Application/Control Number: 18/718,163 Page 2 Art Unit: 2855 1 Prior art of record 2 Prior art of record
Prosecution Insights