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 .
DETAILED ACTION
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Regarding claim 14, line 1 recites “a pressing device”. Claim 5 from which claim 14 is dependent, recites ‘a pressing device’ in line 3. It is unclear if this is the same pressing device or a second pressing device.
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 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.
Claims 1-7 and 10-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Luhr (WO2022081519).
Regarding claim 1, Luhr discloses a magnetic bead removal method, comprising: placing a liquid bag (elements 206) with a curved flow channel (paragraph 0266 and element 415) on a magnetic platform (element 294), wherein a plane where the curved flow channel is located is above the magnetic platform and parallel to the magnetic platform (element 294); controlling a first flow control assembly (paragraph 0210-0211) to communicate the liquid bag with a sample container, thereby inputting a liquid containing immunomagnetic cells and non-magnetic immune cells into the curved flow channel from the sample container (paragraph 0298); performing a flattening operation on the liquid bag to increase a contact surface between a bottom surface of the curved flow channel and the magnetic platform (paragraph 0330), thereby adsorbing the immunomagnetic cells in the curved flow channel onto the contact surface through the magnetic platform; and performing a collection operation to collect the non-magnetic immune cells in the curved flow channel into a collection container (paragraphs 0301-0302).
Regarding claim 2, Luhr discloses the liquid bag comprises a liquid inlet (see Fig. 11; connection between element 206 and 204B) communicating with the sample container through the first flow control assembly and a liquid outlet communicating with the collection container; and the curved flow channel is connected between the liquid inlet and the liquid outlet of the liquid bag.
Regarding claim 3, Luhr discloses the curved flow channel comprises multiple straight pipe sections arranged in parallel, and a connecting pipe section connected between two adjacent straight pipe sections; the connecting pipe section is a bent pipe or a straight pipe arranged at a predetermined inclination angle with the straight pipe section; and/or the curved flow channel comprises a spiral pipe section (see Fig. 40; elements 600, 601, and 609).
Regarding claim 4, Luhr discloses a maximum width of the curved flow channel is less than or equal to 50 mm; and/or the liquid bag further comprises a buffering space, and the curved flow channel communicates with the liquid outlet of the liquid bag through the buffering space (paragraph 0316).
Regarding claim 5, Luhr discloses the performing a flattening operation on the liquid bag (paragraph 0272; element 206) comprises: determining whether a covering mechanism (element 768) of a pressing device is capable of being closed, wherein the pressing device comprises the covering mechanism arranged on the magnetic platform and a pressing mechanism (elements 770 and 772) connected to the covering mechanism; when the covering mechanism is closed, the liquid bag is located in an accommodating space between the covering mechanism and the magnetic platform; and when the covering mechanism is capable of being closed, controlling the pressing device (paragraph 0373) to drive the closed covering mechanism to move downwards, thereby flattening the liquid bag placed in the accommodating space between the magnetic platform and the covering mechanism (paragraphs 0372-0373).
Regarding claim 6, Luhr discloses the pressing device further comprises a lifting mechanism (element 292) connected to the covering mechanism; after the determining whether a covering mechanism of a pressing device is capable of being closed (paragraph 0375-0376), the magnetic bead removal method further comprises: when the covering mechanism is pushed up by the expanded liquid bag and incapable of being closed, controlling the lifting mechanism to drive the covering mechanism to ascend thereby increasing the accommodating space between the magnetic platform (paragraph 0373) and the covering mechanism after the covering mechanism ascends to a preset height at which the covering mechanism is capable of being closed, closing the covering mechanism (paragraph 0373 where the rod and spring assemblies have a set amount of movement between fully pressing and fully releasing the bags); and controlling the pressing device to drive the closed covering mechanism to move downwards to flatten the liquid bag placed in the accommodating space (paragraph 0373).
Regarding claim 7, Luhr discloses a lifting through-hole (elements 850) is formed in the magnetic platform, and the lifting mechanism comprises a lifting assembly arranged at a top of the magnetic platform, a lifting rod (elements 754) with a top thereof fixedly connected to the lifting assembly by passing through the lifting through-hole, and an ascending driving assembly (paragraphs 0370 and 0375) arranged below the magnetic platform and connected to one end of the lifting rod away from the lifting assembly; the covering mechanism comprises a cover plate rotatably connected to the lifting assembly; the controlling the lifting mechanism drives the covering mechanism to ascend, thereby increasing the accommodating space between the magnetic platform and the covering mechanism, comprises: turning on the ascending driving assembly to drive the lifting rod and thus to drive the lifting assembly and the cover plate to slide up along the lifting through-hole through the lifting rod, thereby increasing the accommodating space between the magnetic platform and the cover plate for placing the liquid bag (paragraph 0375 where the lift and rocker assembly increases and decreases the spacing between the magnetic platform and lid as needed).
Regarding claim 10, Luhr discloses the controller is connected to the pressing device (paragraph 0281).
Regarding claim 11, Luhr discloses the controller is connected to the pressing device (paragraph 0281).
Regarding claim 12, Luhr discloses the controller is connected to the pressing device (paragraph 0281).
Regarding claim 13, Luhr discloses the controller is connected to the pressing device (paragraph 0281).
Regarding claim 14, Luhr discloses the controller is connected to the pressing device (paragraph 0281).
Regarding claim 15, Luhr discloses a non-volatile computer-readable storage medium storing computer-readable instructions, wherein the computer-readable instructions, when executed by a processor, implement the magnetic bead removal method according to claim 6 (paragraph 0743).
Regarding claim 16, Luhr discloses a non-volatile computer-readable storage medium storing computer-readable instructions, wherein the computer-readable instructions, when executed by a processor, implement the magnetic bead removal method according to claim 1 (paragraph 0743).
Regarding claim 17, Luhr discloses a non-volatile computer-readable storage medium storing computer-readable instructions, wherein the computer-readable instructions, when executed by a processor, implement the magnetic bead removal method according to claim 2 (paragraph 0743).
Regarding claim 18, Luhr discloses a non-volatile computer-readable storage medium storing computer-readable instructions, wherein the computer-readable instructions, when executed by a processor, implement the magnetic bead removal method according to claim 3 (paragraph 0743).
Regarding claim 19, Luhr discloses a non-volatile computer-readable storage medium storing computer-readable instructions, wherein the computer-readable instructions, when executed by a processor, implement the magnetic bead removal method according to claim 4 (paragraph 0743).
Regarding claim 20, Luhr discloses a non-volatile computer-readable storage medium storing computer-readable instructions, wherein the computer-readable instructions, when executed by a processor, implement the magnetic bead removal method according to claim 5 (paragraph 0743).
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 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 of this title, 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.
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Luhr in view of Kong et al (US Pub 2021/0354966 A1).
Regarding claim 8, Luhr discloses the ascending driving assembly comprises a motor (element 366), a driving wheel, a driven wheel, a synchronous belt, a rotating shaft, a cam (paragraph 0252), a mounting bearing, and a bracket with an installation hole; the bracket is arranged at a bottom of the magnetic platform, the rotating shaft is arranged in the installation hole through the mounting bearing, the cam is fixedly arranged on the rotating shaft, the driving wheel is arranged on an output shaft of the motor, the synchronous belt is sleeved on the driving wheel and the driven wheel, the driven wheel is fixedly arranged on the rotating shaft, and a top of the can abuts the lifting rod; the driving the lifting assembly and the cover plate to slide up along the lifting through-hole comprises: turning on the motor to drive the cam to sequentially rotate through the driving wheel, the synchronous belt, the driven wheel, and the rotating shaft, and driving the lifting assembly and the cover plate to slide up along the lifting through-hole through the lifting rod by a rotation of the cam (paragraph 0252 where motor 366 connected to a cam that raises and lowers shelf the liquid bag is on), but Luhr does not disclose the ascending driving assembly elements including a driving wheel, a driven wheel, a synchronous belt, a rotating shaft, a mounting bearing, and a bracket with an installation hole. Kong teaches as obvious a mechanical assembly including obvious mechanical parts for a driving assembly including a driving wheel (element 12), a driven wheel (element 13), a synchronous belt (element 31), a rotating shaft (paragraph 0066), a mounting bearing (paragraph 0120), and a bracket with an installation hole (see Fig. 11; element 41) for the purpose of elevating items for processing. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Luhr, as taught by Kong, for the purpose of elevating items for processing.
Regarding claim 9, Luhr discloses the performing a collection operation to collect non-magnetic immune cells in the curved flow channel into a collection container comprises: turning on a second flow control assembly arranged between the collection container and the liquid bag, such that the liquid bag communicates with the collection container, and transporting the non-magnetic immune cells in the curved flow channel to the collection container through the second flow control assembly (paragraph 0399 and 0409 where liquid is pump from the liquid bag to a collection bag).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kalyanavenkateshware Kumar whose telephone number is (571)272-8102. The examiner can normally be reached on M-F 08:00-16:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael McCullough can be reached on 571-272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.K./Examiner, Art Unit 3653
/MICHAEL MCCULLOUGH/Supervisory Patent Examiner, Art Unit 3653
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