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
.
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 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.
Priority
Acknowledgment is made that this application is a continuation of parent application 17/736,371 (USPN 12,163,933).
Information Disclosure Statement
While it is not necessary for the Applicant to submit an information disclosure statement that lists the prior art reference(s) previously cited and considered by the Office in the parent application for the latter filed continuing application claiming the benefit under 35 U.S.C. 120 to said parent application (other than an international application that designated the U.S.), the information will not be printed on any patent issuing from the continuing application unless cited by the Applicant on an IDS or by the Examiner on a PTO-892 for the present application. See MPEP § 609.02. While the Examiner has reviewed the reference(s) of the parent application(s), the Examiner has not verified that all of the reference(s) listed in the parent application(s) appear on the PTO-892.
Specification
Applicant is reminded of the proper content, language, and/or format for an abstract of the disclosure:
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because:
use of phrases which can be implied (“described herein”); and
extraneous underscores.
Appropriate correction is required. See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Claim Objections
Claim(s) 11, 17, and 20 is/are objected to because of the following informalities:
As to claim 11,
the Examiner objects to the typo/missing-word, the Examiner suggesting “liquid chromatography column”.
As to claim 20,
the Examiner objects to the unnecessary redundancy and suggests “the liquid chromatography
The Examiner notes that the above suggestions for claim 11 & 20 are based on similar limitation of claim 4 as well as based on the parent application prosecution.
As to claim 17,
the Examiner objects to the use of the pronoun “it” in the claim, noting in particular that while the antecedent basis of the pronoun is present, the use of a pronoun can be ambiguous as to which element the pronoun is being substituted. The pronoun “it” is presumed to be substituted for the immediately preceding noun in the limitation. The Examiner suggests explicit recitations of the noun.
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
MPEP § 804 states in part:
As filing a terminal disclaimer, or filing a showing that the claims subject to the rejection are patentably distinct from the reference application’s claims, is necessary for further consideration of the rejection of the claims, such a filing should not be held in abeyance. Only objections or requirements as to form not necessary for further consideration of the claims may be held in abeyance until allowable subject matter is indicated.
Instant claim(s) 1, 4-6, 11-12, 15, and 17-20 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over reference patented claim(s) 1-5 of U.S. Patent No. 12,163,933.
Although the claims at issue are not identical, they are not patentably distinct from each other because of the reasons put forth in the table below:
One-Way Double Patenting Analysis Table
18/938,818
(instant)
USPN
12,163,933
(reference)
Obviousness Analysis of instant claim over reference claim
1
1
A liquid chromatography assembly (A liquid chromatography assembly), comprising: a liquid chromatography column (a liquid chromatography column); a preheater for heating a mobile phase prior to the mobile phase entering the liquid chromatography column (a preheater for heating a mobile phase prior to the mobile phase entering the liquid chromatography column), the preheater being positioned in proximity to the liquid chromatography column to apply heat to an exterior of the liquid chromatography column (the preheater is positioned in proximity to the liquid chromatography column to apply heat to an exterior of the liquid chromatography column); an injector valve for injecting a sample solution into the liquid chromatography column, the preheater and the liquid chromatography column being directly connected to the injector valve (an injector valve for injecting a sample into the liquid chromatography column, the preheater and the liquid chromatography column being directly connected to the injector valve).
The Examiner notes that the patented claim effectively includes all of the limitations of the instant claim, differences being merely nominal nomenclatural differences or grammatical variations or re-ordering of limitations not amounting to patentable distinction,
4
5
The liquid chromatography assembly of claim 1 (The liquid chromatography assembly of claim 1), further comprising insulation for insulating the liquid chromatography column and the preheater while directly connected to the injector valve (further comprising insulation for insulating the liquid chromatography column and the preheater while directly connected to the injector valve).
5
1
A liquid chromatography assembly (A liquid chromatography assembly), comprising: a liquid chromatography column (a liquid chromatography column); a preheater for heating a mobile phase prior to the mobile phase entering the liquid chromatography column (a preheater for heating a mobile phase prior to the mobile phase entering the liquid chromatography column), the preheater being positioned in proximity to the liquid chromatography column to apply heat to an exterior of the liquid chromatography column (the preheater is positioned in proximity to the liquid chromatography column to apply heat to an exterior of the liquid chromatography column); an injector valve for injecting a sample solution into the liquid chromatography column, the preheater and the liquid chromatography column being directly connected to the injector valve (an injector valve for injecting a sample into the liquid chromatography column, the preheater and the liquid chromatography column being directly connected to the injector valve) such that the liquid chromatography column and the preheater are in proximity and oriented for the preheater to heat an exterior of the liquid chromatography column for thermal management of the liquid chromatography column (wherein the preheater is positioned in proximity to the liquid chromatography column to apply heat to an exterior of the liquid chromatography column); and wherein the liquid chromatography column is directly connected with the injector valve (the liquid chromatography column being directly connected to the injector valve).
The Examiner notes that the patented claim indistinctly recites most limitations, differences being merely nominal nomenclatural differences or grammatical variations or re-ordering of limitations not amounting to patentable distinction, except with further regards to the intended use of being for thermal management of the column and the explicit orientation, the Examiner takes Official Notice that preheaters are conventionally and trivially for thermal management including commonsensically by orientating the preheater towards the column being thermally managed by applying heat thereto, and either an ordinary artisan would at once envisaged that the patented claim preheater is for the intended use of thermal management of the column or it would have been trivially obvious to one of ordinary skill in the art before the effective filing date of the patented invention to use a preheater for managing thermal by preheating, and likewise the Examiner considers that the patented preheater to apply heat to an exterior of the column is either at once envisaged as oriented for so heating the column, or likewise the it would have been trivially obvious to one of ordinary skill in the art before the effective filing date of the patented invention to commonsensically and conventionally orient a preheater towards the column such that heat is directed theretowards (as opposed to contradictorily directing heat away from the element that the patented claim is applying heat to).
6
4
The liquid chromatography assembly of claim 5 (The liquid chromatography assembly of claim 1), wherein the preheater and the liquid chromatography column are oriented such that a longitudinal axis of the liquid chromatography column is substantially parallel with a longitudinal axis of the preheater (wherein the preheater and the liquid chromatography column are oriented such that a longitudinal axis of the liquid chromatography column is substantially parallel with a longitudinal axis of the preheater).
11
5
The liquid chromatography assembly of claim 5 (The liquid chromatography assembly of claim 1), further comprising insulation for insulating the liquid chromatography and the preheater while directly connected to the injector valve (further comprising insulation for insulating the liquid chromatography column and the preheater while directly connected to the injector valve).
12
1
A liquid chromatography assembly (A liquid chromatography assembly), comprising: a liquid chromatography column (a liquid chromatography column); and a preheater for heating a mobile phase prior to the mobile phase entering the liquid chromatography column (a preheater for heating a mobile phase prior to the mobile phase entering the liquid chromatography column), the preheater being positioned in proximity to the liquid chromatography column to apply heat to an exterior of the liquid chromatography column (the preheater is positioned in proximity to the liquid chromatography column to apply heat to an exterior of the liquid chromatography column).
The Examiner notes that the patented claim effectively includes all of the limitations of the instant claim, differences being merely nominal nomenclatural differences or grammatical variations or re-ordering of limitations not amounting to patentable distinction,
15
4
The liquid chromatography assembly of claim 12,
wherein longitudinal axes of the liquid chromatography column and the preheater are substantially parallel to each other (wherein the preheater and the liquid chromatography column are oriented such that a longitudinal axis of the liquid chromatography column is substantially parallel with a longitudinal axis of the preheater).
The Examiner notes that the patented claim effectively includes all of the limitations of the instant claim, differences being merely nominal nomenclatural differences or grammatical variations or re-ordering of limitations not amounting to patentable distinction,
17
1
The liquid chromatography assembly of claim 12, further comprising an optical flow detector connected to the liquid chromatography column for detecting a sample as it elutes from the liquid chromatography column (an optical flow detector connected to the liquid chromatography column for detecting the sample as it elutes from the liquid chromatography column).
18
2
The liquid chromatography assembly of claim 17 (The liquid chromatography assembly of claim 1), wherein the optical flow detector is a fiber-coupled flow cell (wherein the optical flow detector is a fiber-coupled flow cell).
19
3
The liquid chromatography assembly of claim 17 (The liquid chromatography assembly of claim 1), wherein the optical flow detector is a cross-capillary fiber-coupled remote optical flow cell (wherein the optical flow detector is a cross-capillary fiber-coupled remote optical flow cell).
20
5
The liquid chromatography assembly of claim 12 (The liquid chromatography assembly of claim 1), further comprising insulation for insulating the liquid chromatography the liquid chromatography column and the preheater (further comprising insulation for insulating the liquid chromatography column and the preheater).
Dependent reference claim(s) of the aforementioned reference claim(s) likewise form the basis of
double patenting rejection(s).
The Double Patenting Rejections will not be held in abeyance. See MPEP § 804 & 714.02.
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.
Claim(s) 1-2, 5-9, 12, and 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Petro et al (US 20060054543 A1; hereafter “Petro”) in view of either Ono* et al (WO 2013140917 A1; hereafter “Ono”) or Yuan* et al (CN 108226364 A; hereafter “Yuan”).
*machine translations provided by Examiner with foreign documents and utilized for English citations
Regarding independent claim 1,
Petro teaches A liquid chromatography assembly (fig. 1, liquid chromatography system 100) (Title “System And Method For Rapid Chromatography With Fluid Temperature And Mobile Phase Composition Control”; Abstract), comprising:
a liquid chromatography column (fig. 1, liquid chromatography column 106);
a preheater (fig. 1, temperature control element 132 with heated line 118) for heating a mobile phase prior to the mobile phase entering the liquid chromatography column (fig. 1, liquid chromatography column 106), the preheater (fig. 1, temperature control element 132 with heated line 118) being positioned in proximity to the liquid chromatography column (fig. 1, liquid chromatography column 106) ([0063] “heating” and “the particular design of the heating element or cooling element is not critical”; [0060] “a control system 128 for controlling the temperature and/or the composition of the mobile phase”; [0062] “provides better control of the temperature of the internal environment of the column by providing a shorter path for the mobile phase and reducing the amount of heat loss/gain. In some embodiments, the column 106 is entirely or substantially heated and cooled internally by the mobile phase”; [0063] “Heating and chilling the delivery lines 116 118 allows for a fast, controlled method of heating and chilling the feeds before they are mixed. By controlling the flow rates of the feeds and the temperatures of the lines, the temperature of the mobile phase can be ramped up to high temperatures, or cooled to low temperatures very quickly. This results in an ability to quickly heat or cool the column”);
an injector valve (fig. 1, injection valve 112) for injecting a sample solution into the liquid chromatography column (fig. 1, liquid chromatography column 106), the preheater (fig. 1, temperature control element 132 with heated line 118) and the liquid chromatography column (fig. 1, liquid chromatography column 106) being directly connected (no intervening parts shown; directly fluidly coupled) to the injector valve (fig. 1, injection valve 112) (see fig. 1; [0062]; [0063]).
With further regards to “directly” connected, the Examiner respectfully notes that, it does not matter that the feature shown (in this case no intervening components and thus directly mechanically/fluidly/thermally connected) is unexplained in the specification. The drawings must be evaluated for what they reasonably disclose and suggest to one of ordinary skill in the art. See MPEP § 2125 and In re Aslanian, 590 F.2d 911, 200 USPQ 500 (CCPA 1979). Additionally, it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art, Howard v. Detroit Stove Works, 150 U.S. 164 (1893); see also In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965), and MPEP 2144.04 (V)(B). Furthermore, it has been held that rearranging parts of an invention involves only routine skill in the art, In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950), In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975), and see MPEP § 2144.04(VI)(C). In the present case, only ordinary skill in the art is required to rearrange and/or put together so as to (mechanically) directly connect a temperature control heating line to a valve and likewise only ordinary skill to similarly (mechanically) directly connect a column with a valve. Therefore either one of ordinary skill in the art at the time the invention was effectively filed would at once understand that Petro reasonably teaches directly so connecting, or nevertheless, or in the alternative, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to so (mechanically) directly connect thereby providing expected advantages such as reducing cost and length for unwanted/unnecessary intermediate parts and/or providing structural rigidity/stability and/or for reducing heat variation/loss from intervening portions.
With further regards to “proximity”, the Examiner again notes that rearranging parts of an invention involves only routine skill in the art, and either one of ordinary skill in the art at the time the invention was effectively filed would at once understand that Petro reasonably teaches said (sufficient) proximity, or nevertheless, or in the alternative, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to rearrange Petro’s preheater and column for the expected purpose of stabilizing thermal control and/or reducing the time to heat/cool Petro’s column, and/or for simply saving space—including in specific directions.
Petro is silent to the preheater being positioned in proximity to the liquid chromatography column to apply heat to an exterior of the liquid chromatography column.
However:
It has been held that rearranging parts of an invention involves only routine skill in the art, In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950), In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975), and see MPEP § 2144.04(VI)(C). In the present case, it is the Examiner’s position only ordinary skill in the art is required to rearrange Petro’s heating means to be positioned closer to Petro’s liquid chromatography column (see fig. 1A showing ports on single side, as opposed to fig. 1 left/right).
The Examiner notes that Petro teaches that the particular design of the heating element or cooling element is not critical ([0063]).
Furthermore, Ono teaches a heater (fig. 16, heat block 31) being positioned in proximity to a liquid chromatography column (fig. 16, separation column 6) to apply heat to an exterior of the liquid chromatography column (fig. 16, separation column 6), wherein the heater (fig. 16, heat block 31) at least partially surrounds the liquid chromatography column (fig. 16, separation column 6), and wherein the heater (fig. 16, heat block 31) at least partially surrounds only a portion of the liquid chromatography column (fig. 16, separation column 6) (Title “LIQUID CHROMATOGRAPHIC ANALYSIS DEVICE AND TEMPERATURE CONTROL METHOD FOR SAME”).
Alternatively, Yuan teaches a preheater (fig. 1, heat conducting block 1) being positioned in proximity to a liquid chromatography column (fig. 1, column 6) to apply heat to an exterior of the liquid chromatography column (fig. 1, column 6), wherein the preheater (fig. 1, heat conducting block 1) at least partially surrounds the liquid chromatography column (fig. 1, column 6) (page 2, middle paragraph “the heat conducting block is block a with a hollow closed cavity in the interior” and “a heat conducting block is set with groove, the chromatographic column can be conveniently put in and taken out, chromatographic column is put into the groove when the chromatographic column are contacted with the groove on the outer surface”; page 3, about two-thirds down “the heat conducting block 1 aluminium alloy, copper, stainless steel and other metal made inner part with closed cavity, heat conducting block 1 is provided with a semi-groove, chromatographic column 6 can be conveniently put in and taken out, chromatographic column 6 into the groove when the chromatographic column are contacted with the groove on the outer surface”).
In view of the above, either: it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Ono’s arcuate heating of the column & temperature measurement for feedback with Petro’s temperature control, thereby providing heat transfer to the column for both internal and external temperature stability, and further wherein a portion of said column is uncovered for the purpose of noncontact thermal measurement for feedback temperature control and/or experimental verification of correct temperature parameters; or it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Yuan’s preheater and column orientation with Petro’s preheater and column, thereby providing additional radiated heat to the column in addition to heated phase fluid and thereby providing faster heating and/or more steady heat for the column—including by the preceding additional obviousness analysis making explicit the at once envisaged full surrounding of at least a portion of the column—additionally advantageously the combination also simplifies placement of the preheater and the column to the same side of the valve. The Examiner notes these alternatives of Ono/Yuan as pertinent to diverging subject matter in dependent claims.
Regarding independent claim 5,
Petro teaches a liquid chromatography assembly (fig. 1, liquid chromatography system 100), comprising:
a liquid chromatography column (fig. 1, liquid chromatography column 106);
a preheater (fig. 1, temperature control element 132 with heated line 118) for heating a mobile phase prior to the mobile phase entering the liquid chromatography column (fig. 1, liquid chromatography column 106) the preheater (fig. 1, temperature control element 132 with heated line 118) being positioned in proximity to the liquid chromatography column (fig. 1, liquid chromatography column 106) to apply heat to the liquid chromatography column (fig. 1, liquid chromatography column 106) ([0063] “heating” and “the particular design of the heating element or cooling element is not critical”; [0060] “a control system 128 for controlling the temperature and/or the composition of the mobile phase”; [0062] “provides better control of the temperature of the internal environment of the column by providing a shorter path for the mobile phase and reducing the amount of heat loss/gain. In some embodiments, the column 106 is entirely or substantially heated and cooled internally by the mobile phase”; [0063] “Heating and chilling the delivery lines 116 118 allows for a fast, controlled method of heating and chilling the feeds before they are mixed. By controlling the flow rates of the feeds and the temperatures of the lines, the temperature of the mobile phase can be ramped up to high temperatures, or cooled to low temperatures very quickly. This results in an ability to quickly heat or cool the column”);
an injector valve (fig. 1, injection valve 112) for injecting a sample solution into the liquid chromatography column (fig. 1, liquid chromatography column 106), the preheater (fig. 1, temperature control element 132 with heated line 118) and the liquid chromatography column (fig. 1, liquid chromatography column 106) being directly connected (no intervening parts shown; directly fluidly coupled) to the injector valve (fig. 1, injection valve 112) (see fig. 1; [0062]) such that the liquid chromatography column (fig. 1, liquid chromatography column 106) and the preheater (fig. 1, temperature control element 132 with heated line 118) are in proximity and oriented for the preheater (fig. 1, temperature control element 132 with heated line 118) to heat the liquid chromatography column (fig. 1, liquid chromatography column 106) for thermal management of the liquid chromatography column (fig. 1, liquid chromatography column 106) ([0062] “provides better control of the temperature of the internal environment of the column by providing a shorter path for the mobile phase and reducing the amount of heat loss/gain. In some embodiments, the column 106 is entirely or substantially heated and cooled internally by the mobile phase”; [0063] “Heating and chilling the delivery lines 116 118 allows for a fast, controlled method of heating and chilling the feeds before they are mixed. By controlling the flow rates of the feeds and the temperatures of the lines, the temperature of the mobile phase can be ramped up to high temperatures, or cooled to low temperatures very quickly. This results in an ability to quickly heat or cool the column”); and
wherein the liquid chromatography column (fig. 1, liquid chromatography column 106) is directly connected (no intervening parts shown; directly fluidly coupled) with the injector valve (fig. 1, injection valve 112).
With further regards to “directly” connected, the Examiner respectfully notes that it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art, Howard v. Detroit Stove Works, 150 U.S. 164 (1893); see also In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965), and MPEP 2144.04 (V)(B). Additionally, it has been held that rearranging parts of an invention involves only routine skill in the art, In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950), In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975), and see MPEP § 2144.04(VI)(C). In the present case, only ordinary skill in the art is required to rearrange and/or put together so as to (mechanically) directly connect a temperature control heating line to a valve and likewise only ordinary skill to similarly (mechanically) directly connect a column with a valve, and therefore either one of ordinary skill in the art at the time the invention was effectively filed would at once understand that Petro reasonably teaches directly so connecting, or nevertheless, or in the alternative, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to so (mechanically) directly connect thereby providing expected advantages such as reducing cost and length for unwanted/unnecessary intermediate parts and/or providing structural rigidity/stability and/or for reducing heat variation/loss from intervening portions.
With further regards to “proximity”, the Examiner again notes that rearranging parts of an invention involves only routine skill in the art, and either one of ordinary skill in the art at the time the invention was effectively filed would at once understand that Petro reasonably teaches said (sufficient) proximity, or nevertheless, or in the alternative, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to rearrange Petro’s preheater and column for the expected purpose of stabilizing thermal control and/or reducing the time to heat/cool Petro’s column, and/or for simply saving space—including in specific directions.
Petro is silent to the preheater being positioned in proximity to the liquid chromatography column to apply heat to an exterior of the liquid chromatography column.
However:
It has been held that rearranging parts of an invention involves only routine skill in the art, In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950), In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975), and see MPEP § 2144.04(VI)(C). In the present case, it is the Examiner’s position only ordinary skill in the art is required to rearrange Petro’s heating means to be positioned closer to Petro’s liquid chromatography column (see fig. 1A showing ports on single side, as opposed to fig. 1 left/right).
The Examiner notes that Petro teaches that the particular design of the heating element or cooling element is not critical ([0063]).
Furthermore, Ono teaches a heater (fig. 16, heat block 31) being positioned in proximity to a liquid chromatography column (fig. 16, separation column 6) to apply heat to an exterior of the liquid chromatography column (fig. 16, separation column 6), wherein the heater (fig. 16, heat block 31) at least partially surrounds the liquid chromatography column (fig. 16, separation column 6), and wherein the heater (fig. 16, heat block 31) at least partially surrounds only a portion of the liquid chromatography column (fig. 16, separation column 6) (Title “LIQUID CHROMATOGRAPHIC ANALYSIS DEVICE AND TEMPERATURE CONTROL METHOD FOR SAME”).
Alternatively, Yuan teaches a preheater (fig. 1, heat conducting block 1) being positioned in proximity to a liquid chromatography column (fig. 1, column 6) to apply heat to an exterior of the liquid chromatography column (fig. 1, column 6), wherein the preheater (fig. 1, heat conducting block 1) at least partially surrounds the liquid chromatography column (fig. 1, column 6) (page 2, middle paragraph “the heat conducting block is block a with a hollow closed cavity in the interior” and “a heat conducting block is set with groove, the chromatographic column can be conveniently put in and taken out, chromatographic column is put into the groove when the chromatographic column are contacted with the groove on the outer surface”; page 3, about two-thirds down “the heat conducting block 1 aluminium alloy, copper, stainless steel and other metal made inner part with closed cavity, heat conducting block 1 is provided with a semi-groove, chromatographic column 6 can be conveniently put in and taken out, chromatographic column 6 into the groove when the chromatographic column are contacted with the groove on the outer surface”).
In view of the above, either: it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Ono’s arcuate heating of the column & temperature measurement for feedback with Petro’s temperature control, thereby providing heat transfer to the column for both internal and external temperature stability, and further wherein a portion of said column is uncovered for the purpose of noncontact thermal measurement for feedback temperature control and/or experimental verification of correct temperature parameters; or it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Yuan’s preheater and column orientation with Petro’s preheater and column, thereby providing additional radiated heat to the column in addition to heated phase fluid and thereby providing faster heating and/or more steady heat for the column—including by the preceding additional obviousness analysis making explicit the at once envisaged full surrounding of at least a portion of the column—additionally advantageously the combination also simplifies placement of the preheater and the column to the same side of the valve.
Regarding independent claim 12,
Petro teaches a liquid chromatography assembly (fig. 1, liquid chromatography system 100), comprising:
a liquid chromatography column (fig. 1, liquid chromatography column 106); and
a preheater (fig. 1, temperature control element 132 with heated line 118) for heating a mobile phase prior to the mobile phase entering the liquid chromatography column (fig. 1, liquid chromatography column 106), the preheater (fig. 1, temperature control element 132 with heated line 118) being positioned in proximity to the liquid chromatography column (fig. 1, liquid chromatography column 106) to apply heat to the liquid chromatography column (fig. 1, liquid chromatography column 106) ([0063] “heating” and “the particular design of the heating element or cooling element is not critical”; [0060] “a control system 128 for controlling the temperature and/or the composition of the mobile phase”; [0062] “provides better control of the temperature of the internal environment of the column by providing a shorter path for the mobile phase and reducing the amount of heat loss/gain. In some embodiments, the column 106 is entirely or substantially heated and cooled internally by the mobile phase”; [0063] “Heating and chilling the delivery lines 116 118 allows for a fast, controlled method of heating and chilling the feeds before they are mixed. By controlling the flow rates of the feeds and the temperatures of the lines, the temperature of the mobile phase can be ramped up to high temperatures, or cooled to low temperatures very quickly. This results in an ability to quickly heat or cool the column”).
With further regards to “proximity”, the Examiner again notes that that rearranging parts of an invention involves only routine skill in the art, and either one of ordinary skill in the art at the time the invention was effectively filed would at once understand that Petro reasonably teaches said (sufficient) proximity, or nevertheless, or in the alternative, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to rearrange Petro’s preheater and column for the expected purpose of stabilizing thermal control and/or reducing the time to heat/cool Petro’s column, and/or for simply saving space—including in specific directions.
Petro is silent to the preheater being positioned in proximity to the liquid chromatography column to apply heat to an exterior of the liquid chromatography column.
However:
It has been held that rearranging parts of an invention involves only routine skill in the art, In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950), In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975), and see MPEP § 2144.04(VI)(C). In the present case, it is the Examiner’s position only ordinary skill in the art is required to rearrange Petro’s heating means to be positioned closer to Petro’s liquid chromatography column (see fig. 1A showing ports on single side, as opposed to fig. 1 left/right).
The Examiner notes that Petro teaches that the particular design of the heating element or cooling element is not critical ([0063]).
Furthermore, Ono teaches a heater (fig. 16, heat block 31) being positioned in proximity to a liquid chromatography column (fig. 16, separation column 6) to apply heat to an exterior of the liquid chromatography column (fig. 16, separation column 6), wherein the heater (fig. 16, heat block 31) at least partially surrounds the liquid chromatography column (fig. 16, separation column 6), and wherein the heater (fig. 16, heat block 31) at least partially surrounds only a portion of the liquid chromatography column (fig. 16, separation column 6) (Title “LIQUID CHROMATOGRAPHIC ANALYSIS DEVICE AND TEMPERATURE CONTROL METHOD FOR SAME”).
Alternatively, Yuan teaches a preheater (fig. 1, heat conducting block 1) being positioned in proximity to a liquid chromatography column (fig. 1, column 6) to apply heat to an exterior of the liquid chromatography column (fig. 1, column 6), wherein the preheater (fig. 1, heat conducting block 1) at least partially surrounds the liquid chromatography column (fig. 1, column 6) (page 2, middle paragraph “the heat conducting block is block a with a hollow closed cavity in the interior” and “a heat conducting block is set with groove, the chromatographic column can be conveniently put in and taken out, chromatographic column is put into the groove when the chromatographic column are contacted with the groove on the outer surface”; page 3, about two-thirds down “the heat conducting block 1 aluminium alloy, copper, stainless steel and other metal made inner part with closed cavity, heat conducting block 1 is provided with a semi-groove, chromatographic column 6 can be conveniently put in and taken out, chromatographic column 6 into the groove when the chromatographic column are contacted with the groove on the outer surface”).
In view of the above, either: it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Ono’s arcuate heating of the column & temperature measurement for feedback with Petro’s temperature control, thereby providing heat transfer to the column for both internal and external temperature stability, and further wherein a portion of said column is uncovered for the purpose of noncontact thermal measurement for feedback temperature control and/or experimental verification of correct temperature parameters; or it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Yuan’s preheater and column orientation with Petro’s preheater and column, thereby providing additional radiated heat to the column in addition to heated phase fluid and thereby providing faster heating and/or more steady heat for the column—including by the preceding additional obviousness analysis making explicit the at once envisaged full surrounding of at least a portion of the column—additionally advantageously the combination also simplifies placement of the preheater and the column to the same side of the valve.
Regarding claim 2, which depends on claim 1,
Petro teaches/suggests wherein both the preheater (fig. 1, temperature control element 132 with heated line 118) and the liquid chromatography column (fig. 1, liquid chromatography column 106) are directly connected (see analysis in independent claim pertaining to directly) to the injector valve (fig. 1, injection valve 112) so as to create a flow path where the mobile phase enters the preheater (fig. 1, temperature control element 132 with heated line 118) to be heated, flows through the injector valve (fig. 1, injection valve 112) for injection of a sample and then flows to the liquid chromatography column (fig. 1, liquid chromatography column 106).
Regarding claim 6, which depends on claim 5,
Petro does not teach wherein the preheater and the liquid chromatography column are oriented such that a longitudinal axis of the liquid chromatography column is substantially parallel with a longitudinal axis of the preheater.
Yuan teaches a liquid chromatography assembly (fig. 1) (Title “A Constant Temperature System For Liquid Chromatography And Operation Method”), comprising: a liquid chromatography column (fig. 1, column 6); a preheater (fig. 1, heat conducting block 1) for heating a mobile phase (from liquid phase pump 10) prior to the mobile phase entering the liquid chromatography column (fig. 1, column 6); and sampling (silent to injection nomenclature therefor) valve (fig. 1, sampling valve 4) for sampling (silent to injection) a sample solution into the liquid chromatography column (fig. 1, column 6), the preheater (fig. 1, heat conducting block 1) and the liquid chromatography column (fig. 1, column 6) being directly (at least fluidly direct; no intervening components) connected to the sampling valve (fig. 1, sampling valve 4), wherein a preheater (fig. 1, heat conducting block 1) and the liquid chromatography column (fig. 1, column 6) are oriented such that a longitudinal axis of the liquid chromatography column (fig. 1, column 6) is substantially parallel (see fig. 1) with a longitudinal axis of the preheater (fig. 1, heat conducting block 1). The Examiner additionally notes that it does not matter that the feature shown (in this case parallel) is unexplained in the specification. The drawings must be evaluated for what they reasonably disclose and suggest to one of ordinary skill in the art. See MPEP § 2125 and In re Aslanian, 590 F.2d 911, 200 USPQ 500 (CCPA 1979).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Yuan’s shown substantially parallel orientation of preheater and column with Petro’s preheater and column, thereby providing additional radiated heat to the column in addition to heated phase fluid and thereby providing faster heating and/or more steady heat for the column. Additionally, advantageously the combination also simplifies placement of the preheater and the column to the same side of the valve.
The Examiner additionally notes with regards to extent of parallel, that it had been held that discovering an optimum value of a result effective variable involves only routine skill in the art, see MPEP § 2144.05(II)(B) and In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). In the present case it is the Examiner’s position that only ordinary skill is required to place elements parallel, and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to optimize to perfectly parallel for the expected purpose of reducing unevenness of heat transfer to the column.
Regarding claim 15, which depends on claim 12,
Petro does not teach wherein longitudinal axes of the liquid chromatography column and the preheater are substantially parallel to each other.
Yuan teaches a liquid chromatography assembly (fig. 1) (Title “A Constant Temperature System For Liquid Chromatography And Operation Method”), comprising: a liquid chromatography column (fig. 1, column 6); a preheater (fig. 1, heat conducting block 1) for heating a mobile phase (from liquid phase pump 10) prior to the mobile phase entering the liquid chromatography column (fig. 1, column 6); and sampling (silent to injection nomenclature therefor) valve (fig. 1, sampling valve 4) for sampling (silent to injection) a sample solution into the liquid chromatography column (fig. 1, column 6), the preheater (fig. 1, heat conducting block 1) and the liquid chromatography column (fig. 1, column 6) being directly (at least fluidly direct; no intervening components) connected to the sampling valve (fig. 1, sampling valve 4), wherein a preheater (fig. 1, heat conducting block 1) and the liquid chromatography column (fig. 1, column 6) are oriented such that the longitudinal axis of the liquid chromatography column (fig. 1, column 6) and the longitudinal axis of the preheater (fig. 1, heat conducting block 1) are substantially parallel (see fig. 1) to each other. The Examiner additionally notes that it does not matter that the feature shown (in this case parallel) is unexplained in the specification. The drawings must be evaluated for what they reasonably disclose and suggest to one of ordinary skill in the art. See MPEP § 2125 and In re Aslanian, 590 F.2d 911, 200 USPQ 500 (CCPA 1979).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Yuan’s shown substantially parallel orientation of preheater and column with Petro’s preheater and column, thereby providing additional radiated heat to the column in addition to heated phase fluid and thereby providing faster heating and/or more steady heat for the column. Additionally, advantageously the combination also simplifies placement of the preheater and the column to the same side of the valve.
The Examiner additionally notes with regards to extent of parallel, that it had been held that discovering an optimum value of a result effective variable involves only routine skill in the art, see MPEP § 2144.05(II)(B) and In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). In the present case it is the Examiner’s position that only ordinary skill is required to place elements parallel, and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to optimize to perfectly parallel for the expected purpose of reducing unevenness of heat transfer to the column.
Regarding claim 16, which depends on claim 12,
Petro teaches the liquid chromatography column (fig. 1, liquid chromatography column 106), the preheater (fig. 1, temperature control element 132 with heated line 118), and an injector valve (fig. 1, injection valve 112) for injecting a sample solution into the liquid chromatography column (fig. 1, liquid chromatography column 106), the preheater (fig. 1, temperature control element 132 with heated line 118) and the liquid chromatography column (fig. 1, liquid chromatography column 106) being connected to the injector valve (fig. 1, injection valve 112) (see fig. 1; [0062]) and extending longitudinally from said injector valve (fig. 1, injection valve 112) to which both are connected.
Petro did not teach the combination of the preheater being positioned in proximity to the liquid chromatography column to apply heat to an exterior of the liquid chromatography column and wherein both the liquid chromatography column and the preheater extend longitudinally from an injector valve to which both are connected (e.g., not parallel).
However:
It has been held that rearranging parts of an invention involves only routine skill in the art, In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950), In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975), and see MPEP § 2144.04(VI)(C). In the present case, it is the Examiner’s position only ordinary skill in the art is required to rearrange Petro’s heating means to be positioned closer to Petro’s liquid chromatography column (see fig. 1A showing ports on single side, as opposed to fig. 1 left/right).
The Examiner notes that Petro teaches that the particular design of the heating element or cooling element is not critical ([0063]).
Yuan teaches a liquid chromatography assembly (fig. 1) (Title “A Constant Temperature System For Liquid Chromatography And Operation Method”), comprising: a liquid chromatography column (fig. 1, column 6); a preheater (fig. 1, heat conducting block 1) for heating a mobile phase (from liquid phase pump 10) prior to the mobile phase entering the liquid chromatography column (fig. 1, column 6); and sampling (silent to injection nomenclature therefor) valve (fig. 1, sampling valve 4) for sampling (silent to injection) a sample solution into the liquid chromatography column (fig. 1, column 6), the preheater (fig. 1, heat conducting block 1) and the liquid chromatography column (fig. 1, column 6) being directly (at least fluidly direct; no intervening components) connected to the sampling valve (fig. 1, sampling valve 4), wherein a preheater (fig. 1, heat conducting block 1) and the liquid chromatography column (fig. 1, column 6) are oriented such that the longitudinal axis of the liquid chromatography column (fig. 1, column 6) and the longitudinal axis of the preheater (fig. 1, heat conducting block 1) are substantially parallel (see fig. 1) to each other, and wherein the preheater (fig. 1, heat conducting block 1) being positioned in proximity to the liquid chromatography column (fig. 1, column 6) to apply heat to an exterior of the liquid chromatography column (fig. 1, column 6), wherein the preheater (fig. 1, heat conducting block 1) at least partially surrounds the liquid chromatography column (fig. 1, column 6) (page 2, middle paragraph “the heat conducting block is block a with a hollow closed cavity in the interior” and “a heat conducting block is set with groove, the chromatographic column can be conveniently put in and taken out, chromatographic column is put into the groove when the chromatographic column are contacted with the groove on the outer surface”; page 3, about two-thirds down “the heat conducting block 1 aluminium alloy, copper, stainless steel and other metal made inner part with closed cavity, heat conducting block 1 is provided with a semi-groove, chromatographic column 6 can be conveniently put in and taken out, chromatographic column 6 into the groove when the chromatographic column are contacted with the groove on the outer surface”). With regards to parallel and longitudinally, the Examiner additionally notes that it does not matter that the feature shown (in this case parallel) is unexplained in the specification. The drawings must be evaluated for what they reasonably disclose and suggest to one of ordinary skill in the art. See MPEP § 2125 and In re Aslanian, 590 F.2d 911, 200 USPQ 500 (CCPA 1979).
In view of the above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Yuan’s preheater and column orientation with Petro’s preheater and column—including Yuan’s shown substantially parallel orientation of preheater and column with Petro’s preheater and column—and thereby providing additional radiated heat to the column in addition to heated phase fluid and thereby providing faster heating and/or more steady heat for the column—including by the preceding additional obviousness analysis making explicit the at once envisaged full surrounding of at least a portion of the column. Additionally, advantageously the combination also simplifies placement of the preheater and the column to the same side of the valve.
The Examiner additionally notes with regards to extent of parallel/longitudinal, that it had been held that discovering an optimum value of a result effective variable involves only routine skill in the art, see MPEP § 2144.05(II)(B) and In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). In the present case it is the Examiner’s position that only ordinary skill is required to place elements parallel/longitudinally, and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to optimize to perfectly parallel/longitudinal for the expected purpose of reducing unevenness of heat transfer to the column.
Regarding claim 7, which depends on claim 5,
Petro teaches wherein the preheater (fig. 1, temperature control element 132 with heated line 118) is in thermal contact (heat transfers) with the injector valve (fig. 1, injection valve 112).
Regarding claim 8 and further regarding claim 7, where claim 8 depends on claim 7 and where claim 7 depends on claim 5,
Petro does not teach: (alternative limitations of claim 7) wherein the preheater at least partially surrounds the liquid chromatography column nor wherein the preheater at least partially surrounds the injector valve; and (limitation of claim 8) wherein the preheater fully surrounds at least a portion of the liquid chromatography column.
Yuan teaches (claim 8 limitation follows) wherein the preheater (fig. 1, heat conducting block 1) at least partially surrounds the liquid chromatography column (fig. 1, column 6), (claim 9 limitation follows) wherein the preheater (fig. 1, heat conducting block 1) fully surrounds at least a portion (at once so envisaged; additional obviousness analysis provided) of the liquid chromatography column (fig. 1, column 6) (page 2, middle paragraph “the heat conducting block is block a with a hollow closed cavity in the interior” and “a heat conducting block is set with groove, the chromatographic column can be conveniently put in and taken out, chromatographic column is put into the groove when the chromatographic column are contacted with the groove on the outer surface”; page 3, about two-thirds down “the heat conducting block 1 aluminium alloy, copper, stainless steel and other metal made inner part with closed cavity, heat conducting block 1 is provided with a semi-groove, chromatographic column 6 can be conveniently put in and taken out, chromatographic column 6 into the groove when the chromatographic column are contacted with the groove on the outer surface”). The Examiner acknowledges that Yuan’s groove for the column insertion is not shown. However: legal precedent has condoned the use of particular examples of what may be considered common sense or ordinary routine practice including changes in shape, see MPEP § 2141(I) & 2144.04(IV)(B), and In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Additionally, it had been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art, In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). See MPEP § 2144.05. In the present case, it is the Examiner’s position that only ordinary skill in the art is required for Yuan’s closed cavity having an inner part for Yuan’s column could be adapted in shape to be more (fully) closed for at least a portion around Yuan’s column thereby finding an optimum/workable range of enclosing Yuan’s column within the interior thereof.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Yuan’s preheater and column orientation with Petro’s preheater and column, thereby providing additional radiated heat to the column in addition to heated phase fluid and thereby providing faster heating and/or more steady heat for the column—including by the preceding additional obviousness analysis making explicit the at once envisaged full surrounding of at least a portion of the column. Additionally, advantageously the combination also simplifies placement of the preheater and the column to the same side of the valve.
Regarding claim 9 and further regarding claim 7, where claim 9 depends on claim 7 and where claim 7 depends on claim 5,
Petro does not teach: (alternative limitations of claim 7) wherein the preheater at least partially surrounds the liquid chromatography column nor wherein the preheater at least partially surrounds the injector valve; and (limitation of claim 9) wherein the preheater at least partially surrounds only a portion of the liquid chromatography column.
Ono teaches wherein a heater (fig. 16, heat block 31) at least partially surrounds the liquid chromatography column (fig. 16, separation column 6), and wherein the heater (fig. 16, heat block 31) at least partially surrounds only a portion of the liquid chromatography column (fig. 16, separation column 6) (Title “LIQUID CHROMATOGRAPHIC ANALYSIS DEVICE AND TEMPERATURE CONTROL METHOD FOR SAME”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Ono’s arcuate heating of the column & temperature measurement for feedback with Petro’s temperature control, thereby providing heat transfer to the column for both internal and external temperature stability, and further wherein a portion of said column is uncovered for the purpose of noncontact thermal measurement for feedback temperature control and/or experimental verification of correct temperature parameters.
Regarding claim 17, which depends on claim 12,
Petro teaches further comprising an optical flow detector (fig. 1, detector 126) connected to the liquid chromatography column (fig. 1, liquid chromatography column 106) for detecting a sample as it elutes from the liquid chromatography column (fig. 1, liquid chromatography column 106) (fig. 1, liquid chromatography column 106) ([0009] “Common flow-through detectors include optical detectors”; [0114] “optical detector”).
Claim(s) 4, 11, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Petro in view of either Ono or Yuan and in further view of Gerner et al (US 20030061867 A1; hereafter “Gerner”).
Regarding claim 4 and claim 11, where claim 4 depends on claim 1 and where claim 11 depends on claim 5,
Petro does not teach further comprising insulation for insulating the liquid chromatography column and the preheater while directly connected to the injector valve.
Gerner teaches insulation (fig. 1, insultation material 18, 38, & 40) for insulating the liquid chromatography column (fig. 1, column 30) and the preheater (fig. 1, pre-heater 14).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Gerner’s use of insulation with Petro’s column and preheater thereby providing reduced heat losses and thus increasing energy efficiency and/or thermal stability.
Regarding claim 20, which depends on claim 12,
Petro does not teach further comprising insulation for insulating the liquid chromatography the liquid chromatography column and the preheater.
Gerner teaches insulation (fig. 1, insultation material 18, 38, & 40) for insulating the liquid chromatography column (fig. 1, column 30) and the preheater (fig. 1, pre-heater 14).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Gerner’s use of insulation with Petro’s column and preheater thereby providing reduced heat losses and thus increasing energy efficiency and/or thermal stability.
Claim(s) 3, 10, and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Petro in view of either Ono or Yuan and in further view of Sullivan (US 20070134808 A1; hereafter “Sullivan”).
Regarding claim 3 and claim 10, where claim 3 depends on claim 1 and where claim 10 depends on claim 5,
Petro teaches wherein the preheater (fig. 1, temperature control element 132 with heated line 118) includes an interface for directly connecting with a port (not labeled/shown in fig. 1; port of injection valve 122 interfaced to temperature control means 132 with 118; see also figs. 1A & 2 which show port details) of the injector valve (fig. 1, injection valve 112).
Petro does not explicitly state wherein the preheater includes a mechanical interface for directly connecting with the injector valve.
However:
It does not matter that the feature shown (in this case mechanical interface) is unexplained in the specification. The drawings must be evaluated for what they reasonably disclose and suggest to one of ordinary skill in the art. See MPEP § 2125 and In re Aslanian, 590 F.2d 911, 200 USPQ 500 (CCPA 1979). In the present case, Petro reasonably shows a generic mechanical interface to an ordinary artisan in the form of the lines showing a connection.
The Examiner respectfully notes that it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art, Howard v. Detroit Stove Works, 150 U.S. 164 (1893); see also In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965), and MPEP 2144.04 (V)(B). Moreover, it has been held that rearranging parts of an invention involves only routine skill in the art, In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950), In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975), and see MPEP § 2144.04(VI)(C). In the present case, only ordinary skill in the art is required to rearrange and/or put together so as to (mechanically) directly connect a fluid flow element—such as a heated line—to a valve.
Additionally, the Examiner takes Official Notice that mechanical interfaces/connections—such as an adaptor connecting a line to a port—are conventional in the art.
Furthermore, and as tangential supporting factual evidence of the aforementioned assertion pertaining to a mechanical interface for connecting a fluid line to a port, Sullivan teaches a mechanical interface (see adaptor fittings 87 shown in fig. 4 which are utilized to connect chromatography flow element to ports, which in this case is utilized for a column) for directly connecting with a port of an injector (fig. 4, 83).
In view of the above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to so mechanically directly interface—as generically supported by Sullivan’s use of adaptor fitting for port connection—thereby providing expected advantages such as reducing cost and length for unwanted/unnecessary intermediate parts and/or providing structural rigidity/stability and/or for reducing heat variation/loss from intervening portions.
Regarding claim 13, which depends on claim 12,
Petro teaches wherein the preheater (fig. 1, temperature control element 132 with heated line 118) has a connection with an injector valve (fig. 1, injection valve 112)
Petro does not explicitly state wherein the preheater includes a mechanical interface for directly connecting with the injector valve.
However:
It does not matter that the feature shown (in this case mechanical interface) is unexplained in the specification. The drawings must be evaluated for what they reasonably disclose and suggest to one of ordinary skill in the art. See MPEP § 2125 and In re Aslanian, 590 F.2d 911, 200 USPQ 500 (CCPA 1979). In the present case, Petro reasonably shows a generic mechanical interface to an ordinary artisan in the form of the lines showing a connection.
The Examiner respectfully notes that it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art, Howard v. Detroit Stove Works, 150 U.S. 164 (1893); see also In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965), and MPEP 2144.04 (V)(B). Moreover, it has been held that rearranging parts of an invention involves only routine skill in the art, In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950), In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975), and see MPEP § 2144.04(VI)(C). In the present case, only ordinary skill in the art is required to rearrange and/or put together so as to (mechanically) directly connect a fluid flow element—such as a heated line—to a valve.
Additionally, the Examiner takes Official Notice that mechanical interfaces/connections—such as an adaptor connecting a line to a port—are conventional in the art.
Furthermore, and as tangential supporting factual evidence of the aforementioned assertion pertaining to a mechanical interface/connection for connecting a fluid line to a port, Sullivan teaches a mechanical interface (see adaptor fittings 87 shown in fig. 4 which are utilized to connect chromatography flow element to ports, which in this case is utilized for a column) for directly connecting with a port of an injector (fig. 4, 83).
In view of the above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to so mechanically directly interface/connect—as generically supported by Sullivan’s use of adaptor fitting for port connection—thereby providing expected advantages such as reducing cost and length for unwanted/unnecessary intermediate parts and/or providing structural rigidity/stability and/or for reducing heat variation/loss from intervening portions.
Regarding claim 14, which depends on claim 13,
Petro as modified (see analysis of preceding claims) teaches/suggests wherein the liquid chromatography column (fig. 1, liquid chromatography column 106) is directly connected to the injector valve (fig. 1, injection valve 112).
With further regards to “directly” connected, the Examiner respectfully notes that, it does not matter that the feature shown (in this case not intervening components and thus directly mechanically/fluidly/thermally connected) is unexplained in the specification. The drawings must be evaluated for what they reasonably disclose and suggest to one of ordinary skill in the art. See MPEP § 2125 and In re Aslanian, 590 F.2d 911, 200 USPQ 500 (CCPA 1979). Additionally, it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art, Howard v. Detroit Stove Works, 150 U.S. 164 (1893); see also In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965), and MPEP 2144.04 (V)(B). Furthermore, it has been held that rearranging parts of an invention involves only routine skill in the art, In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950), In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975), and see MPEP § 2144.04(VI)(C). In the present case, only ordinary skill in the art is required to rearrange and/or put together so as to (mechanically) directly connect a temperature control heating line to a valve and likewise only ordinary skill to similarly (mechanically) directly connect a column with a valve. Therefore either one of ordinary skill in the art at the time the invention was effectively filed would at once understand that Petro reasonably teaches directly so connecting, or nevertheless, or in the alternative, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to so (mechanically) directly connect thereby providing expected advantages such as reducing cost and length for unwanted/unnecessary intermediate parts and/or providing structural rigidity/stability and/or for reducing heat variation/loss from intervening portions.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Petro in view of either Ono or Yuan and in further view of Tanaka (US 20180231511 A1; hereafter “Tanaka”).
Regarding claim 18, which depends on claim 17,
Petro teaches the optical flow detector (fig. 1, detector 126) ([0009] “Common flow-through detectors include optical detectors”; [0114] “optical detector”).
Petro is silent to wherein the optical flow detector is a fiber-coupled flow cell.
However:
The Examiner notes that a variety of common flow-through optical detectors are compatible with Petro’s system and further it is the Examiner’s position that only ordinary skill in the art is required to choose the desired type of optical detector based upon the desired chromatography analysis.
Tanaka teaches an exemplary optical flow detector which is a fiber-coupled flow cell (Title “DETECTOR FOR LIQUID CHROMATOGRAPHY”; [0047] “spectroscopic unit may be transported by an optical fiber and irradiated to the absorbance detector flow cell”).
In view of the above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine a fiber-coupled flow cell type of optical flow detector—as supported by Tanaka’s said detector—for expected advantages such as real-time analysis, remote sensing facilitated by the optical fibers, reduced sample contamination as minimized by the use of the fibers, and/or for ease of use including for being easily integrated.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Petro in view of either Ono or Yuan and in further view of view of Wang et al (NPL A remote flow cell for UV absorbance detection with capillary HPLC based on a single strand fiber optic; hereafter “Wang”).
Regarding claim 19, which depends on claim 17,
Petro teaches the optical flow detector (fig. 1, detector 126) ([0009] “Common flow-through detectors include optical detectors”; [0114] “optical detector”).
Petro is silent to wherein the optical flow detector is a cross-capillary fiber-coupled remote optical flow cell.
However:
The Examiner notes that a variety of common flow-through optical detectors are compatible with Petro’s system and further it is the Examiner’s position that only ordinary skill in the art is required to choose the desired type of optical detector based upon the desired chromatography analysis.
Wang teaches an exemplary optical flow detector which is a cross-capillary fiber-coupled remote optical flow cell (Title “A remote flow cell for UV absorbance detection with capillary HPLC based on a single strand fiber optic”; Introduction).
In view of the above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine a cross-capillary fiber-coupled remote optical flow cell detector—as supported by Wang’s said detector—for expected advantages such as real-time analysis, remote sensing facilitated by the optical fibers, reduced maintenance, low energy consumption, and/or for fluid compatibility.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. Applicant is invited to review PTO form 892 accompanying this Office Action listing Prior Art relevant to the instant invention cited by the Examiner.
Examiner interviews are available via telephone 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.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to DAVID L SINGER whose telephone number is 303-297-4317. The Examiner can normally be reached Monday - Friday 8:00 am - 6:00pm CT, EXCEPT alternating Friday.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, John Breene can be reached on 571-272-4107. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID L SINGER/Primary Examiner, Art Unit 2855 19SEP2026
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