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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: Liquid Chromatography System Having A High Performance Liquid Chromatography.
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 1-20 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.
In regards to claim 1 line 5, the phrase “a first operational dispensing stage” is unclear. Is there a second operational dispensing stage? In light of the specification, there is only a first operational dispensing stage on page 4. All of the respective claims will be read “…an operational dispensing stage…” upon further consideration.
In regards to claim 1 line 7, the phrase “a second operational standby stage” is unclear. Is there a first operational standby stage? In light of the specification, there is only one operational standby stage on page 4. All of the respective claims will be read as “…an operational standby stage…” upon further consideration.
Claim 2 recites the limitation "the plunger" in line 2. There is insufficient antecedent basis for this limitation in the claim. The limitation will be read as “…a plunger of the non-dispensing alternate pumplet subassembly…” upon further examination.
Claim 2 recites the limitation "the pump chamber" in line 2. There is insufficient antecedent basis for this limitation in the claim. The limitation will be read as “…to refill a pump chamber…” upon further examination.
Claim 3 recites the limitation "the formerly active pumplet subassembly" in line 7. There is insufficient antecedent basis for this limitation in the claim. Is there another active pumplet subassembly? All of the respective claims will be read as “…the active pumplet subassembly…” upon further examination.
Claim 5 recites the limitation "the pump operation" in line 2. There is insufficient antecedent basis for this limitation in the claim. The limitation will be read as “…to adjustably modulate a pump operation…” upon further examination.
Claim 5 recites the limitation "the pump chamber" in line 4. There is insufficient antecedent basis for this limitation in the claim. The limitation will be read as “…the refilling of a pump chamber…” upon further examination.
Claim 6 recites the limitation "the plungers" in line 2. There is insufficient antecedent basis for this limitation in the claim. The limitation will be read as “…in which plungers in both pumplet subassemblies…” upon further examination.
Claim 7 recites the limitation "the actuator plunger driver" in line 3. There is insufficient antecedent basis for this limitation in the claim. The limitation will be read as “…by the controller to an actuator plunger driver…” upon further examination.
Claim 10 recites the limitation "the chamber" in line 4. There is insufficient antecedent basis for this limitation in the claim. The limitation will be read as “…and with the pump chamber…” upon further examination.
Claim 11 recites the limitation "the pump chamber" in line 4. There is insufficient antecedent basis for this limitation in the claim. The limitation will be read as “…a header connecting a pump chamber…” upon further examination.
Claim 11 recites the limitation "the chamber" in line 7. There is insufficient antecedent basis for this limitation in the claim. The limitation will be read as “…the exterior surface of the pump chamber…” upon further examination.
Claim 13 recites the limitation "the chamber" in line 2. There is insufficient antecedent basis for this limitation in the claim. The limitation will be read as “…a lower proximal end of a chamber…” upon further examination.
In regards to claim 15 line 3, the term “same” is unclear. What element does the term “same” refer to? The limitation will be read as “…a rinse locus configured to receive rinse liquid from a rinse liquid reservoir so that…” upon further examination.
In regards to line 17 of claim 1, the phrase “a pump head” is unclear. Is there an additional “pump head”, or is the “pump head” the same as recited in line 2 of claim 1? The limitation will be read as “the pump head” upon further examination.
In regards to line 18 of claim 2, the phrase “a controller” is unclear. Is there an additional “controller”, or is the “controller” the same as recited in line 3 of claim 1? The limitation will be read as “the controller” upon further examination.
Claim 18 recites the limitation "the pumplet subassembly" in line 2. There is insufficient antecedent basis for this limitation in the claim. Which pumplet subassembly is referred? The limitation will be read as “…the active pumplet assembly…” upon further examination.
Claim 18 recites the limitation "the pumplet subassembly" in line 4. There is insufficient antecedent basis for this limitation in the claim. Which pumplet subassembly is referred? The limitation will be read as “…the active pumplet assembly…” upon further examination.
In regards to line 19 of claim 1, the phrase “a liquid pump” is unclear. Is there an additional “liquid pump”, or is the “liquid pump” the same as recited in line 1 of claim 1? The limitation will be read as “the liquid pump” upon further examination.
Allowable Subject Matter
Claims 1-20 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 following is a statement of reasons for the indication of allowable subject matter: As best understood in the Examiner’s opinion in regards to claim 1, Leveille et al (US 10823713 B2) teaches a chromatographic solvent delivery system including at least one pressurized solvent source (70), at least one divert valve (72) in fluid communication with the at least one solvent source (70), and a pump (74) in fluid communication with the at least one divert valve (72), wherein the at least one divert valve (72) is located in between the at least one solvent source (70) and pump (74), and wherein the at least one divert valve (72) is adapted for diverting a solvent flow stream from the pump (74) to an auxiliary flow path (Column 15, line 64 – Column 17, line 47).
However, Leveille et al does not teach the structural limitations of the liquid pump further comprising a controller that switches the active dispensing operation from the active pumplet subassembly to the alternate and non-dispensing pumplet subassembly in which refilled liquid has been pressurized in the transitional repressurization operation in the alternate and non-dispensing pumplet subassembly to match active dispensing pressure of the active pumplet subassembly where the stated limitations are not suggested in addition to not being anticipated or taught in combination with the remaining limitations of independent claim 1 upon overcoming the rejection under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph. The remaining claims are allowed due to their dependency.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Schneider et al (US 20240248108 A1) - The present disclosure provides an apparatus for dispensing fluid from a reagent container having a pump comprising a control and an outlet whereby moving the control causes fluid to flow from the outlet. The apparatus comprises a pump actuator assembly comprising a first bracket configured to be mounted on the reagent container, a second bracket configured to engage the control, and a pump actuator connected to move the second bracket relative to the first bracket; a dispenser assembly comprising a dispensing nozzle, a nozzle positioning mechanism configured to move the dispensing nozzle through a plurality of positions, and a flexible tube having a first end connected to the dispensing nozzle and a second end connectible to the outlet of the pump; and a controller in communication with the dispenser assembly and the pump actuator assembly for controlling the pump actuator and the nozzle positioning mechanism.
Joudrey et al (US 10751642 B2) - The invention relates generally to liquid chromatography systems. More specifically, the invention relates to liquid chromatography systems capable of switching between carbon dioxide (CO.sub.2)-based chromatography and high-performance liquid chromatography (HPLC) or between CO.sub.2-based chromatography and ultra-performance liquid chromatography (UPLC).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JERMAINE L JENKINS whose telephone number is (571)272-2179. The examiner can normally be reached M-F 7-3 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Macchiarolo can be reached at 571-272-2375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.L.J/Examiner, Art Unit 2855
/PETER J MACCHIAROLO/Supervisory Patent Examiner, Art Unit 2855
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