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 . The present application is being examined under the pre-AIA first to invent provisions.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show element 5 the eluent generator as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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.
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 5-7 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth 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 5 recites “the eluent passes successively through the eluent channel of the first eluent generator and the eluent channel of the second eluent generator, and is then used and forms the regenerant solution” claim language is unclear how the regenerant solutions is being used. In Fig 5 show the regenerant solutions passing through eluent generator then being used, which is opposite of the claim.
Claim 6 recites “the eluent that has been used forms the regenerant solution” claim language is unclear how the eluent solutions are being used.
Claim 7 rejected based on the dependency on claim 6.
Claim Rejections - 35 USC § 102
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:
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.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang et al. (Document ID CN 109136975 A, hereinafter Yang). See Machine Translation of CN 109136975 A below.
Regarding Claim 1, Yang discloses A two-membrane eluent generator, comprising a first eluent generator (Summary of the Invention), wherein the first eluent generator comprises: a stock solution channel, a stock solution in the stock solution channel supplying anions or cations for an eluent (Fig 1 elements 16 17); an eluent channel, water that has passed through the eluent channel forming the eluent (Fig 2 element B), a first ion-exchange membrane set being arranged between the eluent channel and the stock solution channel (Fig 2 element 701), the first ion-exchange membrane set comprising at least one ion-exchange membrane, the ion-exchange membrane being a cation-exchange membrane or an anion-exchange membrane, cations or anions in the stock solution passing through the first ion-exchange membrane set to enter the eluent channel (Fig 2 elements 701); a regenerant solution channel, the eluent that has been used entering the regenerant solution channel to serve as a regenerant solution (Fig 2 C or A), a second ion-exchange membrane set being arranged between the eluent channel and the regenerant solution channel (Fig 2 element 702), the second ion-exchange membrane set comprising a bipolar membrane, hydrogen ions or hydroxide ions generated at the bipolar membrane from electrolysis of the regenerant solution allowed to enter different sides of the bipolar membrane respectively (Fig 2 element 8), the bipolar membrane being configured for preventing impurity ions that are not the hydrogen ions or the hydroxide ions from passing through the bipolar membrane and entering the eluent channel.
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Regarding claim 2, Yang discloses the two membranes elute generator of claim 1. The two-membrane eluent generator according to claim 1, wherein the second ion-exchange membrane set further comprises at least one cation-exchange membrane or anion-exchange membrane that is overlaid onto the bipolar membrane (See claim 1).
Regarding claim 3, Yang discloses the two membranes elute generator of claim 1. The two-membrane eluent generator according to claim 1, wherein either one of a positive electrode or a negative electrode is placed in the stock solution channel, one other of the positive electrode or the negative electrode is placed in the regenerant solution channel (Background Technology Section 5).
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.
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.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang as applied to claim 1 above, and further in view of (Ohira et al. JP 2015223566 A, hereinafter Ohira). See machine translation below of CN 109136975 A and JP 2015223566 A
Regarding claim 4, Yang discloses the two membranes elute generator of claim 1, but fail to explicitly disclose a second eluent generator, wherein the second eluent generator comprises an eluent channel, the eluent channel of the first eluent generator and the eluent channel of the second eluent generator are in communication with each other such as to allow further adjustment to the eluent generated by the first eluent generator.
However, add another eluent generator of Yang and connect the eluent generators is obvious and would improve ability to remove impurities (See MPEP 2144). Yang does not discloses adjusting the eluent.
However, Ohira discloses second eluent generator comprises an eluent channel, the eluent channel of the first eluent generator and the eluent channel of the second eluent generator are in communication with each other such as to allow further adjustment to the eluent generated by the first eluent generator (First embodiment and Solution adjustment mechanism (A)).
Therefore, one of ordinary skill in the art would add eluent generator of Yang and connect the eluent generators while incorporating the teaching of Ohira to adjust the pH or concentration of eluent.
Claim(s) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang as applied to claim 1 above, and further in view of SRINIVASAN (Document ID EP 3978919 A1). See machine translation below of CN 109136975 A
Regarding claim 8, Modified Yang discloses the two membranes elute generator of claim 1, but fails to explicitly discloses a chromatography detection apparatus, comprising the two-membrane eluent generator according to claim 1.
However, SRINIVASAN discloses a chromatography detection apparatus (Fig 1). As mention above an additional elute generator in commutation with another elute generator is obvious to one of ordinary skill in the art see claim 4.
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It would be obvious to one or ordinary skill in the art before the filing date of the claim invention to incorporate the apparatus of SRINIVASAN with two Yang eluent generator connected to each other to improve removing impurities (see MPEP 2143(1)(A)).
Regarding claim 9, Modified Yang discloses the two membranes elute generator of claim 8, The chromatography detection apparatus according to claim 8, further comprising a water source portion, a pump, a sample feeder, a chromatographic column , a suppressor, and a detector, wherein under an action of the pump, water supplied by the water source portion enters the eluent channel and forms the eluent, the eluent passes through the sample feeder, the chromatographic column, the suppressor and the detector, and then enters the regenerant solution channel and forms the regenerant solution, and is then electrolyzed into a waste liquid and discharged from the regenerant solution channel (SRINIVASAN Fig 1).
Regarding claim 10, Modified Yang discloses the two membranes elute generator of claim 8, a stock solution bottle and a stock solution pump (SRINIVASAN Fig 1), wherein under an action of the stock solution pump, the stock solution circulates between the stock solution bottle and the stock solution channel, or the stock solution bottle is directly connected to the stock solution channel (Fig 1 and ¶[0013]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zhang et al (Document ID CN 111167313 A) disclose stock solution bottle is directly connected to the stock solution channel of claim 10 and LIU et al (US 2014/0069176 A1) discloses a two eluent generators apparatus .
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/K.H.S./Examiner, Art Unit 1771
/KRISHNAN S MENON/Primary Examiner, Art Unit 1771
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