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 .
Claim Objections
Claim 21 objected to under 37 CFR 1.75 as being a substantial duplicate of claim 1. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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 1-2,4-5,7,9-11,13,15,17-19,21-22,24-25,27-28 and 30 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.
Claims 1 and 21 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted elements are: the slit stretching across the sample outlet to fluidly connect a front side of the stem, facing the fluid inlet in the casing, to a rear side of the stem, which is facing the fluid outlet in the casing. It is clear from Applicant’s disclosure ([0011], [0061], [0068], [0074]) that the feature stated above is essential to the definition of the invention. Therefore, in defining which direction the slit stretches across the sample outlet is essential in achieving the aim of the present invention. Clarification is requested via amendments.
Applicant recites the term “and/or/ throughout the claims. This term renders the claim indefinite. Applicant should either use “and” or “or” instead of “and/or”. Clarification is requested via amendments.
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) 1-2,4-5,7,9-11,13,15,17-19,21-22,24-25,27-28 and 30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Beyers et al. (WO 2021/069454-Cited by the Applicant).
Regarding claims 1 and 21, Beyers et al. discloses a device for sampling an initial volume of a liquid flow, comprising: a casing (element 13 figures 1-5) comprising a fluid inlet (13a figures 1-5) for receiving the liquid flow, a sample outlet (13c figures 1-5) for draining the initial volume of the liquid flow, a fluid outlet (13b figures 1-5) for draining a subsequent volume of the liquid flow, and a passageway for providing fluid communication between the fluid inlet and the fluid outlet and between the fluid inlet and the sample outlet, an elongated closure member (17 figures 1-5) slidably supported in the casing, the closure member comprising a head portion (14 figures 1-5) and a stem (15 figures 1-5), and a lifting element (15a figures 1-5) connected to or formed in the stem, wherein the head portion is configured to obstruct the liquid flow through the fluid outlet when the closure member is slid into a sampling position, thus preventing the initial volume of the liquid flow from being transferred to the fluid outlet (page 9, lines 1-30), wherein a lower portion of the stem, distal to the head portion, is configured to obstruct the liquid flow through the sample outlet when the closure member is slid into a diverting position, thus ensuring that the subsequent volume of the liquid flow is transferred to the fluid outlet (page 13 lines 22-32), wherein an upper portion of the stem, proximate to the head portion, comprises at least one longitudinal slit (14a figures 1-5), said at least one slit stretching across the sample outlet (in the width direction i.e. Y-direction, see figures 2-6, pages 10-11 stating that one groove or two grooves separately by a wall 14c can be used) when the closure member is slid into the sampling position, thus allowing the initial volume of the liquid flow to exit said sample outlet via said at least one slit (page 11), wherein said lifting element is a float (15a figures 1-5) adapted for moving the closure member from the sampling position to the diverting position while the initial volume of the liquid flow is being collected into a receptacle, connectable to the sample outlet of the casing (page 11).
Regarding claim 2, Beyers et al. discloses the head portion is positioned in the passageway when the closure member is slid to the sampling position, and wherein the lower portion of the stem is extending through and at least partially into said passageway when the closure member is slid into the diverting position; and/or wherein the lifting element is an air cavity formed in the lower portion of the stem (See figures 1-7 and page 9 lines 25-page 10 line 20).
Regarding claim 4, Beyers et al. discloses the head portion comprises a slanted barrier wall having edges that are lying flush with corresponding inner surfaces of the passageway inside the casing, when the closure member is slid into the sampling position (See figures 1-7 and page 9 lines 25-page 10 line 20).
Regarding claim 5, Beyers et al. discloses the slanted barrier wall comprises a first flat wall segment proximate to the fluid inlet and a second flat wall segment distal to the fluid inlet, an inclination of the second flat wall segment with respect to a longitudinal axis of the closure member being steeper than an inclination of the first flat wall segment; or the upper portion of the stem abuts on a front side of the barrier wall, which front side is facing the fluid inlet and delimiting the at least one slit at the top (See figures 1-7 and page 9, lines 1-30).
Regarding claim 7, Beyers et al. discloses lateral side surfaces of the at least one slit are plane surfaces perpendicular to a longitudinal axis of the closure member, or wherein lateral side surfaces of the at least one slit are plane surfaces perpendicular to a longitudinal axis of the closure member and the upper portion of the stem comprises at least two longitudinal slits (See figures 1-7 and page 11 line 5-page 12 line 34).
Regarding claim 9, Beyers et al. discloses the at least one slit is delimited by a flat surface at the bottom (See figures 1-7 and page 11 line 5-page 12 line 34).
Regarding claim 10, Beyers et al. discloses an outer surface of the stem of the closure member is lying flush with an inner surface of the sample outlet when the closure member is slid into the diverting position (See figures 1-7 and page 11 line 5-page 12 line 34).
Regarding claim 11, Beyers et al. discloses the lower portion of said stem is directly and continuously connected to the upper portion of said stem, or wherein the lower portion of said stem is directly and continuously connected to the upper portion of said stem and the stem has a cylindrical shape (See figures 1-7 and page 11 line 5-page 12 line 34).
Regarding claim 13, Beyers et al. discloses the sample outlet is formed as a through-hole in a base of the casing and the casing further comprises a connector projecting outwardly from said base, said connector being adapted to engage a receptacle for collecting the initial volume of the liquid flow, or wherein the sample outlet is formed as a through- hole in a base of the casing and the casing further comprises a connector projecting outwardly from said base, said connector being adapted to engage a receptacle for collecting the initial volume of the liquid flow and the connector has an internal thread for threadedly engaging said receptacle (See figures 1-7 and page 11 line 5-page 12 line 34).
Regarding claim 15, Beyers et al. discloses the head portion of the closure member is terminated by a cap whose outer edge is lying flush with an inner surface of the casing, whereby the closure member is confined to slide along a longitudinal axis of the closure member, or wherein the head portion of the closure member is terminated by a cap whose outer edge is lying flush with an inner surface of the casing, whereby the closure member is confined to slide along a longitudinal axis of the closure member and the outer edge of the cap is non-circular (See figures 1-7 and page 11 line 5-page 12 line 34).
Regarding claim 17, Beyers et al. discloses the casing comprises a resilient protrusion on an inner surface of said casing for limiting a farther movement of the closure member slid into the diverting position (See figures 1-7 and page 11 line 5-page 12 line 34).
Regarding claim 18, Beyers et al. discloses an inlet conduit connected to the fluid inlet and an outlet conduit connected to the fluid outlet (See figures 1-7 and page 11 line 5-page 12 line 34).
Regarding claim 19, Beyers et al. discloses the casing, the inlet conduit, and the outlet conduit are formed monolithically as a single piece; or the inlet conduit comprises a funnel (See figures 1-7 and page 11 line 5-page 12 line 34).
Regarding claim 22, Beyers et al. discloses the inlet conduit, the outlet conduit, and the casing are provided as a single, monolithically formed piece; and/or wherein the lifting member and the closure member are provided as a single, monolithically formed piece (See figures 1-7 and page 11 line 5-page 12 line 34).
Regarding claim 24, Beyers et al. discloses the lifting member comprises an air cavity formed in the lower portion of the stem (See figures 1-7 and page 11 line 5-page 12 line 34).
Regarding claim 25, Beyers et al. discloses the casing comprises a guide channel for guiding the head portion, the guide channel having an inner surface shape fitted to outer edges of the head portion to support a sliding movement of the closure member in the casing, or wherein the casing comprises a guide channel for guiding the head portion, the guide channel having an inner surface shape fitted to outer edges of the head portion to support a sliding movement of the closure member in the casing and the casing comprises a resilient protrusion on an inner surface of said casing for limiting a farther movement of the closure member slid into the diverting position (See figures 1-7 and page 11 line 5-page 12 line 34).
Regarding claim 27, Beyers et al. discloses a receptacle with a volume ranging between 1 mL and 50 mL, the receptacle being connectable to a sampling connector that is projecting outwardly from a base of the casing (See figures 1-7 and page 11 line 5-page 12 line 34).
Regarding claim 28, Beyers et al. discloses an outer surface of the receptacle comprises a threaded portion for engaging a corresponding internal thread of the sampling connector; and/or wherein the receptacle is a collection tube and/or wherein the receptacle contains a preservation liquid or nucleic acid (e.g. DNA) stabilization agent (See figures 1-7 and page 11 line 5-page 12 line 34).
Regarding claim 30, Beyers et al. discloses the kit further comprising comprises a funnel connectable to the inlet conduit, the inlet conduit being adapted for receiving and securing the funnel; the inlet conduit has a flexible shape; or one or more parts of the kit are made of a biodegradable polymer material (See figures 1-7 and page 11 line 5-page 12 line 34).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARJAN FARDANESH whose telephone number is (571)270-5508. The examiner can normally be reached Monday-Friday 9:00-17:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacqueline Cheng can be reached at (571)272-5596. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARJAN FARDANESH/Primary Examiner, Art Unit 3791
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