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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed on 09/29/2023 of JP 2023-169016. It is noted, however, that applicant has not filed a certified copy of this application as required by 37 CFR 1.55.
Specification
The disclosure is objected to because of the following informalities: please also insert the foreign publication number and date of the parent application cited in the Cross Reference to Related Applications section.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Battrell et al., (“Battrell”, US 2009/0325276).
Regarding Claims 1-3, Battrell discloses a particle separation apparatus that separates a particle from a liquid A including the particle by using a separation device configured to separate the particle from the liquid A, (See paragraph [0061]), the particle separation apparatus comprising: a liquid supply unit A that supplies the liquid A to the separation device, (Chamber 213, See Figure 2, See paragraph [0061]); a liquid supply unit B that supplies a liquid B to the separation device, (Liquid Sample/Blood 201/202, See Figure 2, See paragraph [0059]); and a control unit that controls the liquid supply unit A and the liquid supply unit B, wherein the liquid supply unit A produces a mixed liquid by mixing the liquid A and a liquid C, and supplies the liquid A to the separation device as the mixed liquid, (Buffer 212 mixes with Chamber 213 and is directed into Detection Chamber 207, See Figure 2, See paragraphs [0063] & [0061]), and the control unit controls the liquid supply unit A and the liquid supply unit B to supply the liquid B from the liquid supply unit B to the separation device so as to fill the separation device with the liquid B while producing the mixed liquid by the liquid supply unit A, (Plasma from Source 201 directed to Chamber 206/207, See Figure 2, See paragraph [0059] & [0060]), and supply the liquid A from the liquid supply unit A to the separation device as the mixed liquid after the separation device is filled with the liquid B, (Buffer 212 and Enzyme 213 directed to Chambers 206/207 afterwards, See Figure 2, See paragraph [0060] & [0061]).
Additional Disclosures Included:
Claim 2: The particle separation apparatus according to claim 1, wherein the control unit performs control to connect the liquid supply unit A to the separation device while supplying the liquid B from the liquid supply unit B to the separation device so as to fill the separation device with the liquid B, (See paragraph [0048], [0133] & [0141], applied to Buffer 212 and Enzyme 213 directed to Chambers 206/207 afterwards, See Figure 2, See paragraph [0060] & [0061] after Plasma from Source 201 directed to Chamber 206/207, See Figure 2, See paragraph [0059] & [0060]).
Claim 3: The particle separation apparatus according to claim 1, wherein the control unit performs control to connect the liquid supply unit B to the separation device while producing the mixed liquid by the liquid supply unit A, (See paragraph [0048], [0133] & [0141], applied to Buffer 212 and Enzyme 213 directed to Chambers 206/207 afterwards, See Figure 2, See paragraph [0060] & [0061] after Plasma from Source 201 directed to Chamber 206/207, See Figure 2, See paragraph [0059] & [0060]).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Battrell et al., (“Battrell”, US 2009/0325276).
Regarding Claim 4, Battrell in the recited embodiment above (Embodiment 1) discloses the particle separation apparatus according to claim 1, but does not disclose wherein the liquid supply unit B is configured to send out a cleaning liquid, and the control unit performs control to send out the cleaning liquid from the liquid supply unit B with the liquid supply unit B being detached from the separation device.
A second feature of Battrell discloses wherein the liquid supply unit B is configured to send out a cleaning liquid, (Lysis Buffer 303 added to Blood Sample in Chamber 302, See Figure 3, See paragraph [0066], Battrell), and the control unit performs control to send out the cleaning liquid from the liquid supply unit B with the liquid supply unit B being disconnected from the separation device, (See paragraph [0068] & [0114], Battrell).
Another feature of Battrell discloses the liquid supply unit B being detached from the separation device, (See paragraph [0137]; closes the sample inlet port from any sample fluid, hence detaching that sample fluid source).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the particle separation apparatus of Battrell by incorporating wherein the liquid supply unit B is configured to send out a cleaning liquid, and the control unit performs control to send out the cleaning liquid from the liquid supply unit B with the liquid supply unit B being detached from the separation device as in these additional features of Battrell for “capturing the medical waste in the device…and…after entry of the sample, flushing the internal surfaces…with lysis buffer substantially reduces the risk of accidental exposure”, (See paragraph [0114], Battrell), which will “transform the microfluidic device into a product that can be safely handled and used”, (See paragraph [0137], Battrell).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN M PEO whose telephone number is (571)272-9891. The examiner can normally be reached M-F, 9AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bobby Ramdhanie can be reached at 571-270-3240. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN M PEO/Primary Examiner, Art Unit 1779
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