DETAILED ACTION
For this Office action, Claims 1-8 are pending.
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 .
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 1-4, 7 and 8 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 1, upon which Claims 2-4 are dependent, and Claims 7 and 8 recite the limitation “wherein the adsorbent comprises a powder formed from aggregates of fine particles having a non-constant particle size”; however, the claim further recites “wherein 0.72 ≤A1/A3≤1.38 is satisfied”. The second limitation contradicts the first, as A1/A3=1—indicating constant particle size—satisfies the limitation. This calls into question whether or not the particles may have a constant size or not. For purposes of this examination, the examiner will assume A1/A3=1 reads on the claims.
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.
Claims 1-5 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kobayashi et al. (herein referred to as “Kobayashi”, US Pat Pub. 2006/0207940; Pre-Grant Pub. of US 7897872, found in IDS filed 08/30/2024).
Regarding instant Claim 1, Kobayashi disclose an adsorption apparatus (Abstract; Figure 1; Paragraphs [0043]-[0051]; see adsorption apparatus) comprising:
a column main body that is tubular and comprises an adsorbent filling space therein (Figure 1; Paragraphs [0043]- [0051]; see adsorption apparatus 1 and interior of said apparatus, including column body 21);
a first port provided at one end of the column main body and having a first flow path through which liquid flows (Figure 1; Paragraphs [0043]- [0051]; inlet pipe 24);
a second port provided at the other end of the column main body and having a second flow path through which liquid flows (Figure 1; Paragraphs [0043]- [0051]; outlet pipe 23); and
an adsorbent that is charged in the filling space (Figure 1; Paragraphs [0043]-[0051]; particulate adsorbent 3 in column body 21),
wherein
the adsorbent comprises a powder formed from aggregates of fine particles having a non-constant particle size (Figure 1; Paragraphs [0043]- [0051]; Example 1; average particle size of adsorbent is 40 am in Example 1), and
0.72≤A1/A3≤1.38 is satisfied, were a modal particle size in a particle size distribution of the powder present in a first region, which is one end of the adsorbent filling space, is A1, and a modal particle size in a particle size distribution of the powder present in a third region, which is the other end of the adsorbent filling space, is A3 (Example 1; see that average diameter is 40 μm across the column, 40/40 is 1, satisfying the equation).
Regarding instant Claim 2, Claim 1, upon which Claim 2 is dependent, has been rejected above. Kobayashi further discloses wherein the powder adsorbs a substance to be adsorbed when a sample solution is supplied to the adsorbent filling space via the first flow path of the first port in a state in which the first port is located vertically above the second port (Figure 1; Paragraphs [0043]-[0051]; Example 1; Sm is adsorbed by adsorbent in example).
Regarding instant Claim 3, Claim 2, upon which Claim 3 is dependent, has been rejected above. Kobayashi further discloses wherein 0.72≤A1/A2≤1.38 is satisfied, where a modal particle size in a particle size distribution of the powder in a second region located at a midpoint between the one end and the other end is A2 (Example 1; see that average diameter is 40 μm across the column, 40/40 is 1, satisfying the equation).
Regarding instant Claim 4, Claim 3, upon which Claim 4 is dependent, has been rejected above. Kobayashi further discloses wherein 0.8 ≤B1/B2≤1.15 is satisfied, where a frequency of the modal particle size in the particle size distribution of the powder in the first region is B1(%) and a frequency of the modal particle size in the particle size distribution of the powder in the second region is B2 (%) (Example 1; see that average diameter/frequency is 40 μm across the column, 40/40 is 1, satisfying the equation).
Regarding instant Claim 5, Kobayashi discloses a method of manufacturing an adsorption apparatus (Abstract; manufacturing method of an adsorption apparatus), comprising:
a first step of preparing a column comprising: a column main body that is tubular and has an adsorbent filling space therein; a first port provided at one end of the column main body and having a first flow path through which liquid flows; and a second port provided at the other end of the column main body and having a second flow path through which liquid flows (Abstract; Figure 1; Paragraphs [0043]-[0051]; Example 1; see column 1 with inlet 24 and outlet 25);
a second step of charging a composition comprising an adsorbent containing a powder formed from aggregates of fine particles having a non-constant particle size and a first liquid into the adsorbent filling space of the column (Figure 1; Paragraphs [0043]- [0051]; Example 1; see particulate adsorbent 3 charged into column/adsorbent apparatus 1 along with phosphate buffer solution of Example 1); and
a third step of supplying a second liquid to the adsorbent filling space via the first flow path of the first port in a state in which the first port side of the column is located vertically below (Figure 1; Example 1; orientation of inlet/outlet does not matter with respect to the apparatus 1; see SmCl2 solution).
Regarding instant Claim 7, Claim 5, upon which Claim 7 is dependent, has been rejected above. Kobayashi further discloses wherein the adsorption apparatus obtained through the third step satisfies 0.72≤A1/A3≤1.38, where a modal particle size in a particle size distribution of the powder present in a region at one end of the adsorbent filling space is A1, and a modal particle size in a particle size distribution of the powder present in a region at the other end of the adsorbent filling space is A3 (Example 1; see that average diameter is 40 μm across the column, 40/40 is 1, satisfying the equation).
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.
Claims 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi et al. (herein referred to as “Kobayashi”, US Pat Pub. 2006/0207940; Pre-Grant Pub. of US 7897872, found in IDS filed 08/30/2024) in view of Puget et al. (herein referred to as “Puget”, US Pat Pub. 2013/0125621).
Regarding instant Claim 6, Claim 5, upon which Claim 6 is dependent, has been rejected above. However, Kobayashi discloses a column comprising: a column passage section that is tubular and has an adsorbent passage space therein; a cover body provided at one end of the column passage section and having a third flow path through which liquid flows; and a connection section provided at the other end of the column passage section (Figure 1; Paragraphs [0043]-[0051]; Example 1; see particulate adsorbent 3 charged into column/adsorbent apparatus 1 with connections at inlets and outlets; see also covers/caps 22 and 23).
However, the reference is silent on an extension column and a step of connection such a column passage section to an end of the column main body in a state in which a first port is disengaged.
Puget discloses a system for analyzing a gas mixture including at least one chromatography column in the same field of endeavor as the instant application, as it solves the mutual problem of passing fluid through a separation column (Abstract; chromatography column). Puget further discloses a set of columns in series, wherein one an extension column would have a connection of a column passage section to an end of a column main body in a state in which a first port is disengaged in order so that the adsorption columns can have different stationary phases (Paragraph [0009]; see series connection between two columns).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the column main body and column passage body of Kobayashi by further comprising the extension column be in connection with a column passage section to an end of a column main body in a state in which a first port is disengaged as taught by Puget because Puget such an in series configuration of the columns allows said columns to operate in different stationary phases (Paragraph [0009]; see series connection between two columns).
Regarding instant Claim 8, Claim 6, upon which Claim 8 is dependent, has been rejected above. Kobayashi further discloses wherein the adsorption apparatus obtained through the third step satisfies 0.72≤A1/A3≤1.38, where a modal particle size in a particle size distribution of the powder present in a region at one end of the adsorbent filling space is A1, and a modal particle size in a particle size distribution of the powder present in a region at the other end of the adsorbent filling space is A3 (Example 1; see that average diameter is 40 μm across the column, 40/40 is 1, satisfying the equation).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. De los Reyes (US Pat Pub. 2020/0114278) discloses a novel approach to adsorbent material for chromatography (Abstract; Paragraph [0160]). Cromer (US Pat Pub. 2021/0386023) further discloses multi-modal distribution of particles in relation to chromatography (Paragraph [0013]; part 14; Paragraph [0015]).
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.
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/RICHARD C GURTOWSKI/Primary Examiner, Art Unit 1773 08/21/2026
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