CTNF 18/765,234 CTNF 87130 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority 02-26 AIA Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Specification 06-31 AIA The lengthy 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 in the specification. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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: 07-08-aia AIA 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. 07-15-aia AIA Claim(s) 1-5 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by US 20110184658 to Maruyama . Regarding Claim 1 , Maruyama discloses a chromatograph apparatus (Figs. 1-4, preparative LC system; ¶¶ [0053]-[0059]), comprising: a preparative separation device in which a sample container holding a sample containing a target component and a preparative separation container for containing a target component obtained by preparative separation are to be arranged (Figs. 1-4, preparative LC system with sampler 34 and injector unit 3 to suction sample liquid from vials 67, and fraction collector 6 with nozzle head 61 and dispenser nozzle 63 to vials 67; ¶¶ [0053]-[0059]); a preparative-separation-and-analysis conditions setter configured to allow a user to set a preparative separation condition for the target component and an analysis condition for the target component after the preparative separation (Figs. 1-4, input unit 10 by which a user specifies LC analysis conditions or preparative separation/ fractionation conditions; ¶¶ [0053]-[0059]); a preparative separation executer configured to collect a sample from the sample container, separate the target component contained in the sample, and put the separated target component into the preparative separation container according to the preparative separation condition after the preparative separation condition and the analysis condition are set in the preparative-separation-and-analysis conditions setter (Figs. 1-4, controller 8 for preparative separation/ fractionation conditions according to input unit 10 by which a user specifies preparative separation/ fractionation conditions and LC analysis conditions; ¶¶ [0057]-[0065]); and an analysis executer configured to collect the target component from the preparative separation container and perform an analysis of the target component according to the analysis condition, after the preparative separation of the target component by the preparative separation executer (Figs. 1-4, controller 8 for LC analysis conditions according to input unit 10 by which a user specifies preparative separation/ fractionation conditions and LC analysis conditions; ¶¶ [0057]-[0069]). Regarding Claim 2 , Maruyama discloses the preparative-separation-and-analysis conditions setter is further configured to allow the user to specify whether an analysis of the target component should be performed after the preparative separation of the target component (Figs. 1-4, input unit 10 by which a user specifies LC analysis conditions or preparative separation/ fractionation conditions; ¶¶ [0053]-[0059]); and the analysis executer is configured to perform the analysis of the target component following the preparative separation of the target component if an execution of the analysis of the target component is specified by the user (Figs. 1-4, controller 8 for LC analysis conditions according to input unit 10 by which a user specifies preparative separation/ fractionation conditions and LC analysis conditions; ¶¶ [0057]-[0069]). Regarding Claim 3 , Maruyama discloses the analysis executer is configured to perform an analysis of the target component based on a condition where a detection signal acquired in the preparative separation of the target component satisfies a previously determined criterion (Figs. 1-4, controller 8 for LC analysis conditions according to input unit 10 by which a user specifies preparative separation/ fractionation conditions and LC analysis conditions with peak detector 72 calculating maximum peak area as the peak data; ¶¶ [0057]-[0069]). Regarding Claim 4 , Maruyama discloses the analysis executer is configured so that, when the preparative separation executer collected a target component into a plurality of preparative separation containers in a temporally continuous manner, the analysis executer performs an analysis for only a target component contained in one preparative separation container among the plurality of preparative separation containers (Figs. 1-4, controller 8 for LC analysis conditions according to input unit 10 by which a user specifies preparative separation/ fractionation conditions and LC analysis conditions with peak detector 72 calculating maximum peak area as the peak data and analyzing one of the seven vials which contains the maximum amount of the target component; ¶¶ [0057]-[0069]). Regarding Claim 5 , Maruyama discloses the analysis executer is configured to perform an analysis for only a target component contained in one preparative separation container corresponding to a period of time during which a detection signal acquired for the target component had a largest magnitude among the plurality of preparative separation containers (Figs. 1-4, controller 8 for LC analysis conditions according to input unit 10 by which a user specifies preparative separation/ fractionation conditions and LC analysis conditions with peak detector 72 calculating maximum peak area as the peak data and analyzing one of the seven vials which contains the maximum amount of the target component; ¶¶ [0057]-[0069]) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim (s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20170234839 to Terada . Regarding Claim 6 , Maruyama discloses the chromatograph apparatus according to claim 5, and further discloses the detection signal is an intensity generated from the target component, (Figs. 1-4, controller 8 for LC analysis conditions with peak detector 72/mass analyzer calculating maximum peak area as the peak data; ¶¶ [0057]-[0069], [0079]), and the analysis executer is configured to perform an analysis only for the target component contained in one preparative separation container having a highest ratio of the measured intensity of the ion generated from the target component, to the intensity of an ion generated, regardless of time, from a previously determined component different from the target component (Figs. 1-4, controller 8 for LC analysis conditions according to input unit 10 by which a user specifies preparative separation/ fractionation conditions and LC analysis conditions with peak detector 72 calculating maximum peak area as the peak data and analyzing one of the seven vials which contains the maximum amount of the target component; ¶¶ [0057]-[0069]). However, Maruyama does not explicitly disclose the detection signal is an intensity of an ion generated from the target component measured with a mass spectrometer. Terada discloses the detection signal is an intensity of an ion generated from the target component measured with a mass spectrometer (¶¶ [0044]-[0045]). It would have been obvious to one of ordinary skill in the art before the effective filing of the application to modify the invention of Maruyama by providing the detection signal is an intensity of an ion generated from the target component measured with a mass spectrometer as in Terada in order to provide for a well-known alternative detector in an LC system. See, e.g., "substitution of art-recognized equivalents" as discussed in MPEP 2144.06II "An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout , 675 F.2d 297, 213 USPQ 532 (CCPA 1982)." Regarding Claim 7 , Maruyama discloses the chromatograph apparatus according to claim 1, and further discloses a display (Fig. 1, display 11; ¶ [0057]) but does not disclose the preparative-separation-and-analysis conditions setter is configured to allow the user to set the preparative separation condition and the analysis condition on a same screen. Terada discloses the preparative-separation-and-analysis conditions setter is configured to allow the user to set the preparative separation condition and the analysis condition on a same screen (Fig. 1, display unit 21/ operation unit 22 with preparative separation condition setting window and analysis conditions of the LC analysis in the preparative separation condition searching mode; ¶¶ [0050]-[0052]). It would have been obvious to one of ordinary skill in the art before the effective filing of the application to modify the invention of Maruyama by providing the preparative-separation-and-analysis conditions setter is configured to allow the user to set the preparative separation condition and the analysis condition on a same screen as in Terada in order to provide greater data input efficiency. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J BOLDUC whose telephone number is (571)270-1602. The examiner can normally be reached M-F, 10am-6pm. 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, Walter Lindsay, Jr. can be reached at (571) 272-1672. 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. /DAVID J BOLDUC/Primary Examiner, Art Unit 2852 Application/Control Number: 18/765,234 Page 2 Art Unit: 2852 Application/Control Number: 18/765,234 Page 3 Art Unit: 2852 Application/Control Number: 18/765,234 Page 4 Art Unit: 2852 Application/Control Number: 18/765,234 Page 5 Art Unit: 2852 Application/Control Number: 18/765,234 Page 6 Art Unit: 2852 Application/Control Number: 18/765,234 Page 7 Art Unit: 2852
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