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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06 March 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description:
Reference numeral “33”, as shown in Figure 1, does not appear within the written specification.
Reference numeral “300”, as shown in Figure 6, does not appear within the written specification.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
Reference numeral – 22 – does not appear within the drawing Figures as suggested by the disclosure in paragraph [0044], lines 2 and 8.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “12” has been used to designate both a “solvent delivery system”, as shown in Figures 1-2 and “solvents”, also shown in Figures 1-2.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the feature(s) canceled from the claim(s):
Providing the body structure with a “second back opening”, as recited in claim 6.
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Paragraph [0006], line 3: The article – the – should be inserted prior to the term “solvent.”
Paragraph [0011], line 2: What is the “removed channel opening”? Is this suggesting that if there is no channel opening, then the body structure is substantially a cylindrical shape? There is no embodiment where a channel opening is lacking.
Paragraph [0025], line 2: What is the “removed channel opening”? Is this suggesting that if there is no channel opening, then the body structure is substantially a cylindrical shape? There is no embodiment where a channel opening is lacking.
Paragraph [0027], line 4: The article – the – should be inserted prior to the term “solvent.”
Paragraph [0046], line 5: A – comma – should be inserted prior to the term “such.”
Paragraph [0047], line 3: A – comma – should be inserted after the abbreviation “e.g.”.
Paragraph [0051], line 4: A – comma – should be inserted prior to the term “such.”
Paragraph [0051], line 5: A – comma – should be inserted after the abbreviation “i.e.”.
Paragraph [0053], line 1: The term – encircle – should replace the term “encircles.”
Paragraph [0061], line 6: The term “received” should be deleted.
Paragraph [0061], line 7: The term – adapter – should be inserted after the term “vial.”
Paragraph [0063], line 5: The term – vial – has been misspelled.
Appropriate correction is required.
Claim Objections
Claims 1-20 are objected to because of the following informalities:
Re claim 1, claim line 4: The article – the – should be inserted prior to the term “solvent.”
Re claim 1, claim line 8: The term – configured – should be inserted prior to the term “for” to positively recited the functionality/intended use of the channel.
Re claim 10, claim line 2: The term “at” should be deleted.
Re claim 11, claim line 7: The term – configured – should be inserted prior to the term “for” to positively recited the functionality/intended use of the channel.
Appropriate correction is required.
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.
Claim 9 is 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.
Re claim 9, claim line 2: The phrase “the removed channel opening” lacks antecedent basis. Also, it is unclear what is meant by “removed.” What does this mean; and how is/was the channel opening removed?
Claim Rejections - 35 USC § 103
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.
Claims 1-2, 7-11, and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 2023/0094740 (Cormier et al.) in view of US 2017/02448624 (Kaeppeli et al.).
With respect to the limitations of claim 1, Cormier et al. disclose a liquid chromatography system (10) (Figure 1) comprising:
a solvent delivery system (12) (paragraph [0051], lines 1-4 and Figure 1);
a sample manager (14) having a thermal chamber (44) (paragraph [0049], line 4; paragraph [0056], lines 5-7 and Figure 3), the thermal chamber including a sample delivery system in fluidic communication with solvent delivery system (paragraph [0049], lines 4-8; paragraph [0056], lines 6-10 and Figure 3), the sample delivery system including a sample needle (paragraph [0057], line 8 and Figure 1), the sample delivery system configured to transfer a sample from a sample vial (46) located in the thermal chamber into a chromatographic flow stream (paragraph [0056], lines 7-10 and Figures 1-3);
a sample vial adapter/holder (92) having a body structure extending between a top end and a bottom end and defining a channel for receiving the sample vial (46) having a cylindrical sample vial body such that the channel at least partially encircles the received sample vial (46), the body structure including a channel opening configured to receive the sample vial (paragraph [0060], lines 7-8 and Figure 4);
a liquid chromatography column (18) located downstream from the solvent delivery system (12) and the sample delivery system (Figure 1); and
a detector (21) located downstream from the liquid chromatography column (18) (paragraph [0050], lines 11-13 and Figure 1). Cormier et al. fail to disclose the body structure including an extension reducing a width of the channel opening, at least one of the extension and the body structure configured to elastically deform during the process of receiving the sample vial.
Kaeppeli et al. disclose a sample container carrier for transporting containers, such as test tubes or vials, whereby the carrier for transporting comprises a body structure (4) including an extension (3) reducing a width of the channel opening (20), at least one of the extension and the body structure configured to elastically deform during the process of receiving the sample vial (10) (paragraph [0042], lines 1-8 and Figures 5-8). Modifying the body structure of Cormier et al. with extensions would have been obvious to one of ordinary skill in the art at the time of filing the invention as a means securely containing a sample vial for transport between locations.
With respect to the limitation of claim 2, the combination (Kaeppeli et al.) disclose that the adapter and the body structure is made from plastic (paragraph [0044], lines 1-2).
With respect to the limitations of claim 7, the combination (Kaeppeli et al.) further disclose that the body structure further includes a second extension at a same axial location as the extension, the second extension further reducing the width of the channel opening, the extension and the second extension forming a pair of extensions configured to hold the received sample vial within the channel (multiple retaining elements (3) are provided at the same axial location as the extension (3); and the extensions reduce the width of the channel opening (20) – Figures 5-8).
With respect to the limitation of claim 8, the combination (Kaeppeli et al.) further disclose that the sample vial adapter further including a second pair of extensions located at a different axial location as the pair of extension (additional extensions/retaining elements (104) located at a different axial locations are provided for holding the sample container (10) – Figures 5-8 and paragraphs [0042-0043]).
With respect to the limitation of claim 9, the combination (Kaeppeli et al.) further disclose that the body structure forms a substantially cylindrical shape with the removed channel opening (see Figures 5-8).
With respect to the limitation of claim 10, the combination (Kaeppeli et al.) further disclose that at least one of the body structure and the extension is configured to return to an original position after receiving the at sample vial and hold the received sample vial within the channel (extensions (3) used to hold the sample vial (10) is made of deformable material, which is configured to return to an original position after receiving the sample vial – Figures 5-8).
With respect to the limitation of claim 11, Cormier et al. disclose a liquid chromatography sample manager (14) comprising:
a thermal chamber (44) (paragraph [0049], line 4; paragraph [0056], lines 5-7 and Figure 3);
a sample delivery system including a sample needle (paragraph [0049], lines 4-8; paragraph [0056], lines 6-10; paragraph [0057], line 8 ; and Figures 1 and 3), the sample delivery system configured to transfer a first sample from a sample vial (46) located in the thermal chamber into a chromatographic flow stream (paragraph [0056], lines 7-10 and Figures 1-3); and
a sample vial adapter/holder (92) having a body structure extending between a top end and a bottom end and defining a channel for receiving a sample vial (46) having a cylindrical sample vial body such that the channel at least partially encircles the received sample vial (46), the body structure including a channel opening configured to receive the sample vial (paragraph [0060], lines 7-8 and Figure 4). Cormier et al. fail to disclose the body structure including an extension reducing a width of the channel opening, at least one of the extension and the body structure configured to elastically deform during the process of receiving the sample vial.
Kaeppeli et al. disclose a sample container carrier for transporting containers, such as test tubes or vials, whereby the carrier for transporting comprises a body structure (4) including an extension (3) reducing a width of the channel opening (20), at least one of the extension and the body structure configured to elastically deform during the process of receiving the sample vial (10) (paragraph [0042], lines 1-8 and Figures 5-8). Modifying the body structure of Cormier et al. with extensions would have been obvious to one of ordinary skill in the art at the time of filing the invention as a means securely containing a sample vial for transport between locations.
With respect to the limitations of claim 16, the combination (Kaeppeli et al.) further disclose that the body structure further includes a second extension at a same axial location as the extension, the second extension further reducing the width of the channel opening, the extension and the second extension forming a pair of extensions configured to hold the received sample vial within the channel (multiple retaining elements (3) are provided at the same axial location as the extension (3); and the extensions reduce the width of the channel opening (20) – Figures 5-8).
With respect to the limitation of claim 17, the combination (Kaeppeli et al.) further disclose that the sample vial adapter further including a second pair of extensions located at a different axial location as the pair of extension (additional extensions/retaining elements (104) located at a different axial locations are provided for holding the sample container (10) – Figures 5-8 and paragraphs [0042-0043]).
With respect to the limitation of claim 18, the combination (Kaeppeli et al.) further disclose that at least one of the body structure and the extension is configured to return to an original position after receiving the at sample vial and hold the received sample vial within the channel (extensions (3) used to hold the sample vial (10) is made of deformable material, which is configured to return to an original position after receiving the sample vial – Figures 5-8).
With respect to the limitations of claim 19, the combination disclose a chromatographic method, comprising:
providing the liquid chromatography system of claim 1 (see discussion above regarding claim 1);
providing the sample vial (46) (Cormier et al. - paragraph [0056], lines 11-14);
inserting the sample vial into the sample vial adapter by elastically deforming the at least one of the extension and the body structure (Kaeppeli et al. – paragraph [0042], lines 1-8 and Figures 1 and 5-8);
inserting the sample vial adapter (92) into the thermal chamber (44) of the sample manager (14) with the sample vial (46) (Cormier et al. - paragraph [0056], lines 6-10 and Figure 6);
interacting with the sample vial (46) with the sample needle through the sample vial adapter (92) (Cormier et al. – paragraph [0056], lines 7-14 and paragraph [0057], lines 4-8);
injecting the sample with the sample needle into the chromatographic flow stream (Cormier et al. – paragraph [0056], lines 7-10);
performing a separation on the sample with the liquid chromatography column (Cormier et al. – paragraph [0050], lines 10-11 and Figure 1); and
detecting the sample with the detector (paragraph [0050], lines 11-13 and Figure 1).
With respect to the limitations of claim 20, the combination further disclose further method steps comprising:
removing the sample vial adapter and the sample vial from the thermal chamber of the sample manager (after samples have been taken/withdrawn, empty sample vials and the carrier are removed from the thermal chamber);
removing the sample vial from the sample vial adapter (adapter needs to be refilled with new vials (46));
inserting a second sample vial into the sample vial adapter (new vials containing second samples are placed in the adapter);
inserting the sample vial adapter into the thermal chamber of the sample manager with the second sample vial (adapter containing new vials is placed in thermal chamber (44) for sampling);
interacting with the second sample vial with the sample needle through the sample vial adapter (sample needle engages second sample vials to collect a sample);
injecting the second sample with the sample needle into the chromatographic flow stream (collected second sample is passed to the chromatographic column for separation);
performing a separation on the second sample with the liquid chromatography column (column (18) separates the second sample introduced into the column); and
detecting the second sample with the detector (detector (21) detects the second sample).
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Prior art was not relied upon to reject claims 3-6 and 12-15 because the prior art of record fails to teach and/or make obvious the following:
Claims 3-4: Providing a liquid chromatography system comprising a sample vial adapter having a body structure with a top end, wherein the top end of the body structure includes a mock cap structure, wherein the mock cap structure is dimensioned to resemble a cap, wherein the mock cap structure is an integral feature of the body structure, wherein the mock cap structure is not removable from the body structure in combination with all of the limitations of the base claim.
Claims 5-6: Providing a liquid chromatography system comprising a sample vial adapter having a body structure which includes a back opening at a bottom of the channel, the back opening configured to provide access for a finger of a technician to press the received sample vial through the body structure to facilitate removal of the sample vial from the channel in combination with all of the limitations of the base claim.
Claims 12-13: Providing a liquid chromatography sample manager comprising a sample vial adapter having a body structure with a top end, wherein the top end of the body structure includes a mock cap structure, wherein the mock cap structure is dimensioned to resemble a cap, wherein the mock cap structure is an integral feature of the body structure, wherein the mock cap structure is not removable from the body structure in combination with all of the limitations of the base claim.
Claims 14-15: Providing a liquid chromatography system comprising a sample vial adapter having a body structure which includes a back opening at a bottom of the channel, the back opening configured to provide access for a finger of a technician to press the received sample vial through the body structure to facilitate removal of the sample vial from the channel in combination with all of the limitations of the base claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL SEAN LARKIN whose telephone number is 571-272-2198. The examiner can normally be reached M-F 9:00 AM - 5:30 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, Laura Sweeney can be reached at 571-272-2160. 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.
/DANIEL S LARKIN/Primary Examiner, Art Unit 2855
Prosecution Insights