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 .
Election/Restrictions
Claims 10-12, 15-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 12/16/2025.
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) 1-9, 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Ellis et al (US9199247) in view of Jervis et al (US20190161748) and in further view of Siddiqi (US20030127396).
Referring to claim 1. Ellis et al (herein “Ellis”) discloses a “Magnetic Separation Rack”. See Figs. 1-13 and respective portions of the specification. Ellis further discloses a magnetic substance separation device configured for attracting magnetic substances from a sample container. Ellis further discloses a housing/casing (1) having at least one accommodation compartment (2); and at least one magnetic component assembly (3) assembly disposed in the at least one accommodation compartment, and the at least one magnetic component assembly comprising magnetic components (See Figs 1b-2b, 4-5). Ellis further discloses a sample container (4) and wherein the magnetic components are disposed within the device such that magnetic flux is directed toward the sample container wall, such that a magnetic surface is adjacent the sample container. Likewise, Ellis discloses magnetic components (3a, 3b) arranged in different configurations (See Figs. 3a-4b) and wherein the magnets can be bar magnets. Ellis does not disclose wherein the magnetic component assembly comprises at least four cubic magnetic components or wherein the four cubic magnetic components are arranged linearly with different magnetization directions to concentrated on one side such that at least one magnetic component assembly forms at least one strong magnetic surface on the casing, and the at least one strong magnetic surface is configured to attract the magnetic substances in the sample within the sample container. Jervis et al (herein “Jervis”) discloses a “Plate Magnet”. See Figs. 1-17 and respective portions of the specification. Jervis further discloses magnetic assemblies comprising multiple permanent magnet elements arranged configurations (Halbach array and several others) to tailor magnetic field characteristics (See at least Fig.4). Jervis teaches that magnet geometry and arrangement are selectable design parameters for shaping field distribution and improving magnetic particle captures (See at least Sects. 0094-0110). Siddiqi discloses an “Apparatus and Method For Processing Magnetic Particles”. See Figs. 1-16 and respective portions of the specification. Sidiqi further discloses linear magnet arrangements and polarity manipulation to concentrate magnetic field lines toward one side of a sample container (See at least Fig. 14A, 15) while magnetic field lines concentrated toward one side of the container with flux directed toward the sample while reduced on the other side is shown in Figs. 11A-11B, thus a strong magnetic surface is thereby formed adjacent the sample (See at least Sect. 0058). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Ellis to substitute cubic magnetic elements so that the a greater variety of configurations could be designed for shaping field distribution and improving magnetic particle capture, while orienting the magnets with different magnetization direction as taught by Siddiqi would allow for the magnetic flux to be concentrated on the active side of the casing for increased strength at the capture interface and improve capture efficiency.
Referring to claims 2-3. Ellis in view of Jervis in view of Siddiqi disclose the combination as described above. Ellis doesn’t disclose wherein the four cubic magnetic components are arrange in a Halbach array or wherein the at least one magnetic component assembly further forms a weak magnetic surface on the casing and the weak magnetic surface and the at least one strong magnetic surface are located on opposite sides of the casing. Jervis discloses magnetic components arranged in a Halbach array (Sect. 0103 L. 1-10) and wherein the at least one magnetic component assembly further forms a weak magnetic surface on the casing (See at least Sect. 0098, 0125)and the weak magnetic surface and the at least one strong magnetic surface are located on opposite sides of the casing (See at least Fig. 5B, weak surface #560, strong surface #555, Sect. 0098). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention so that magnetic flux could be directed to be strong on one side and weak on the other, so that it could have focus the magnetic flux depending on goal increasing capture efficiency or reducing capture efficiency.
Referring to claim 4. Ellis discloses a casing including an accommodation compartment capable of housing multiple magnetic components (See Figs. 5-6). Jervis discloses housing (550) retaining magnetic arrays/elements (500). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Ellis wherein the accommodation compartment comprised a plurality of accommodation compartments suitable for a plurality of magnetic components, so that a greater number of magnetic components could be retained for greater structural organization and the ability to produce higher magnetic field flux.
Referring to claims 5-6. Ellis doesn’t disclose wherein at least four cubic magnetic components in one of the accommodation compartments are arranged in alignment or in an offset configuration relative to the at least four cubic magnetic components in another of the plurality of accommodation compartments or wherein two adjacent cubic magnetic components within the same compartment are in physical contact with each other. Jervis discloses wherein the at least four cubic magnetic components in one of the plurality of accommodation compartments (Fig. 5A) are arranged in alignment or in an offset configuration relative to the at least four cubic magnetic components in another of the plurality of accommodation compartments (Fig. 5A). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Jervis into the system of Ellis so that magnet configurations could be structured for modified flux distribution, reduced field cancelation, and enhance surface uniformity.
Referring to claims 7-8. Ellis doesn’t disclose wherein the casing has a plurality of partitions, the plurality of partitions are respectively disposed between two adjacent accommodation compartments, a thickness of each of the plurality of partitions ranges from 1.0 mm to 10.0 mm, and a thickness of the casing at the at least one strong magnetic surface ranges from 1.0 mm to 10.0 mm or wherein the magnetic component assembly is in physical contact with the inner peripheral surface of at least one of the accommodation compartments. Jervis discloses wherein the casing has a plurality of partitions (See at least Sect. 0123), the plurality of partitions respectively disposed between two adjacent accommodation compartments, a thickness of each of the plurality of partitions ranges from 1.0mm to 10.0mm (See Sect. 0195) an a thickness of the casing at the at least one strong magnetic surface ranges from 1.0 mm to 10.0 mm (See at least Sect. 0195). Likewise, Jervis discloses wherein at least one magnetic component assembly is in physical contact with an inner peripheral surface of the at least accommodation compartment (See at least Sect. 0124). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the magnetic assembly of Ellis to incorporate accommodation compartments as taught by Jervis in order to maximize the magnetic field at the surface and still provide enough rigidity to the compartments.
Referring to claim 9. Ellis doesn’t disclose a side length of each cubic magnetic component ranges from 1mm to 15mm. Jervis discloses wherein a side length of each cubic magnetic components ranges from 1mm to 15mm (See Sect. 0194). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the magnetic assembly of Ellis to provide cubic magnetic components with a side length of 1mm to 15mm as taught by Jervis in order to provide adequate magnetic field strength and gradient, while avoiding uneven field valleys and fabrication complexity.
Referring to claim 13. Ellis discloses the combination as described above. Ellis as disclosed above discloses a magnetic separation apparatus including a magnet assembly and casing configured to generate a magnetic field adjacent a container. Ellis doesn’t disclose a plurality of magnetic component assemblies disposed in a plurality of accommodation compartments and wherein the plurality of accommodation compartments are configured in dual-layer arrangement, the at least one strong magnetic surface comprises at least two strong magnetic surfaces and the two strong magnetic surfaces are located on opposite surfaces of the casing. Jervis discloses dual two-dimensional magnetic arrays (1755a, 1755b) in a partially facing arrangement and further discloses that the magnetic fields from the two arrays overlap in a receiving area (See at least Sect. 0150-0151). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Ellis to include two magnetic arrays in a partially facing configuration in order to increase field strength, improve uniformity across container, and enhance particle capture efficiency.
Referring to claim 14. Ellis discloses the combination as described above. Ellis further discloses a magnetic separation apparatus including a casing containing a magnet assembly, the casing presenting an operative magnetic surface suitable for planar exposure of a container. Ellis doesn’t disclose wherein the casing is plate-shaped, the sample container is a flexible tube and the casing is configured for the sample container to be wound around. Jervis teaches planar (plate) magnet arrays and a casing/housing supporting magnetic arrays. Jervis explicitly discloses magnets arranged in rows to define a substantially planar magnetic plate, wherein magnets are supported/enclosed within a housing (550) that retains the magnetic array (See at least Sect. 0115). Jervis further discloses that the container may be a tube or bag (flexible container) (See at least Sect. 0009) and guide elements (570) guide/direct a container toward a container receiving surface (580) with guide channels (575) shaped to engage a container and retain it near the surface. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the magnetic assembly of Ellis to include the teachings of Jervis to incorporate a plate shaped magnetic casing, flexible tube containers, and configuring the housing/casing with channels to allow the tube to be wrapped/wound along the plate to maximize surface contact length between the tube and the planar magnetic field, maintain uniform proximity to the magnetic surface along the tube path, and improve separation efficiency and throughput.
Conclusion
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/TERRELL H MATTHEWS/Primary Examiner, Art Unit 3653