DETAILED ACTION
For this Office action, Claims 15-26 are pending. Claims 1-14 are pending.
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 15-26 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. Claim 15, upon which the remaining claims are dependent, recites “wherein the at least one inlet valve, the at least one injection valve, the at least one outlet valve, the column valve and the pH valve are arranged as interchangeable module components”, yet said claim further recites “wherein the housing comprise a liquid handling panel with to or more component positions to receive the interchangeable components”. These limitations render the claims indefinite because the claims are unclear that, if there are only two component positions for the interchangeable modular components yet there are at least five interchangeable modular components, then it is unclear what occurs with the other interchangeable modular components when there are only two component positions. For instance, are there actually a requirement of five component positions for each of the interchangeable modular components, or can the chromatography system function with only two interchangeable modular components when only two component positions exist? For purposes of this examination, the examiner will assume at least five component positions are available for each of the interchangeable modular components.
Instant Claim 16 is additionally rejected under 35 U.S.C. 112(b) for being indefinite on how the system bus communicates with the interchangeable modular components. For instance, the system bus may communicate with the interchangeable modular components wirelessly, remotely, through a physical connection, or the like; however, the claim does not further define the communication. For purposes of this examination, the examiner will assume the interchangeable module components communicate via wired connection or wireless connections such as Wi-Fi, Bluetooth, RFID or other remote communication methods.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 22 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 22 appears to be a duplicate of Claim 21, including even the dependency; therefore, Claim 22 does not further narrow the scope of the claims any more than Claim 21 does. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Takehawa, US, 5106413, discloses a chromatography system that requires a valve, a pH sensor and a flow cell (Col. 1, Line 60-Col. 2, Line 10; Col. 14, Lines 36-40; Col. 20, Lines 3-4); however, the reference does not hint or suggest at interchangeable modular components related to these units, so no prior art rejection can be made.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD C GURTOWSKI whose telephone number is (571)272-3189. The examiner can normally be reached 9:00 am-5:30pm MT.
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, Benjamin Lebron can be reached at (571) 272-0475. 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.
/RICHARD C GURTOWSKI/Primary Examiner, Art Unit 1773 09/28/2026
