DETAILED ACTION
In response to remarks filed on 29 June 2026
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 29 June 2026 has been entered.
Status of Claims
Claims 21-40 are pending;
Claims 21, 28 and 35 are currently amended;
Claims 22-27, 29-34 and 36-40 were previously presented;
Claims 21-40 are rejected herein.
Response to Arguments
Applicant’s arguments filed on 29 June 2026 have been fully considered and they are persuasive. The new limitations overcome the cited references. However, a 112 issue has risen in the latest set of claims which needs to be addressed and a new reference is being used to reject the claims.
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 21-40 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.
As to Claims 21, 28 and 35; the claims recite “at least in part by using a multi-well controller”. The use of “at least in part by” creates a gap thereby making the claim unclear as it seems there is something else missing but necessary to perform the claimed functions. The limitation “at least in part” should be deleted or the claim should recite what else assists in performing the claimed functions. Appropriate correction is required.
The dependent claims are also rejected for depending on rejected independent claims.
Allowable Subject Matter
Claims 21-40 would be allowable if each independent claim is 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.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: WO2018194650A1 to Campanella et al. Applicant should explain how Campanella differs from the present set of claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN J TOLEDO-DURAN whose telephone number is (571)270-7501. The examiner can normally be reached Monday through Friday: 10:00AM to 6:00PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, AMBER ANDERSON can be reached at (571) 270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EDWIN J TOLEDO-DURAN/Primary Examiner, Art Unit 3678
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