Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9 and 17-20 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 claims 9 and 20, line 2, it appears in the recitation, “least one of a conductive material, an anti-static material, and a conductive material” applicant has inadvertently recited the “conductive material” twice. Clarification required. The term "drop", in line 6 of claim 17 renders the claim indefinite. In particular, this term is positive, and it appears that the "liquid droplets" are not actually intended to be positively required. Thus, this positive term should be changed to a functional recitation, such as --are configured to drop--, thereby clarifying what is being claimed. Claim 18 is rejected since it depends from rejected claim 17. Claim 19 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. From the specification, it appears they are referring to multiple column tube holders. If so examiner suggest language for claim 19 such as “ a plurality of said column tube holders and each of said column tube holder define a section of the system; wherein there is a first section; a second section coupled via a first hinge to the first section; and a third section coupled via a second hinge to the second section.”.
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 7, 10, 11, 15, 16, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent No. 5,169,603 (Landsberger '603).
With respect to claim 7, Landsberger '603 discloses a column tube holder (see Figure 2) comprising a first side rail (10) extending vertically; a second side rail (8) extending vertically; a first shelf (32) extending horizontally between the first side rail (10) and the second side rail (8); a second shelf (30) extending horizontally between the first side rail (10) and the second side rail (8), the second shelf (30) disposed below the first shelf (32); a third shelf (at 4, 6) extending horizontally between the first side rail (10) and the second side rail (8), the third shelf ( at 4, 6) disposed below the second shelf (30), the third shelf (at 4, 6) comprising at least one hole (in 6 such as at the exact center of 6 in Figures 1 and 2) disposed therethrough; at least two sidewalls (at 16 and 18 in Figure 1) extending vertically between (see Figure 3) the second shelf (30) and the third shelf (at 4, 6), each sidewall (at 16 and 18 in Figure 1 or sidewall pairs 16 or 18 on front and rear side, figure 1) of the at least two sidewalls disposed on opposing sides (see Figure 2, where 16 is to the left "side" of the center hole 6, and 18 is to the right "side" of the center 6 or where sidewall pairs 16 on front and rear side, figure 1) of the at least one hole.
With respect to claim 10, Landsberger '603 discloses the column tube holder of claim 7, wherein each sidewall of the at least two sidewalls (sidewall pairs 16 or 18 on front and rear side in Figure 1) is equidistant from the at least one hole (see Figures 1-2 where one sidewall is to the front "side" of the center hole 6, and the other sidewall is to the rear "side" of the center hole 6).
With respect to claim 11, Landsberger '603 discloses wherein each sidewall of the at least two sidewalls (16, 18) are substantially planar (see Figures 1 and 2).
With respect to claim 15, Landsberger '603 discloses a system for holding column tubes (i.e., test tubes - see title) comprising the column tube holder, as advanced above, comprising the first side rail (10) extending vertically; the second side rail (8) extending vertically; the first shelf (32) extending horizontally between the first side rail and the second side rail, the first shelf (32) comprising a first plurality of holes (in 40) disposed therethrough; the second shelf (30) extending horizontally between the first side rail and the second side rail, the second shelf disposed below the first shelf, the second shelf comprising a second plurality of holes (in 38) disposed therethrough; and the third shelf extending (at 4, 6) horizontally between the first side rail and the second side rail, the third shelf disposed below the second shelf (30), the third shelf comprising the third plurality of holes (in 6) disposed therethrough; and at least one column tube (not shown, i.e., a test tube) disposed within at least one hole of the first plurality of holes (in 40) and at least one hole of the second plurality of holes (in 38); insomuch as the claim is best understood, especially in view of the Section 112 rejection advanced above.
With respect to claim 16, Landsberger '603 discloses the system of claim 15, wherein the first plurality of holes, the second plurality of holes, and the third plurality of holes are vertically aligned (figure 3).
With respect to claim 19, Landsberger '603 discloses further comprising a first section (at 10); a second section (at 4) hingedly (via 15) coupled to the first section (10); and a third section (8) hingedly (via 15) coupled to the second section (4).
Claims 1, 7, 9-15, 17, and 20-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 7,036,668 (Udy '668).
With respect to claim 1, Udy '668 discloses a column tube holder comprising: a first side rail (the inner side portion of 51 on the left of Figure 2) extending vertically; a second side rail (the inner side portion of 51 on the right of Figure 2) extending vertically; a first shelf (at 14, 32, extending from 50, 50 at the top of Figure 2) extending horizontally between (see Figure 1) the first side rail and the second side rail; a second shelf (unnumbered - the top portion of 14, 34 where 20 is located, to the left of numeral 28 in Figure 2) extending horizontally between (this element is considered to extend between the rails, see Figure 1, although not coupled to the rails, i.e., the claim does not require that the second shelf be "coupled" to the rails) the first side rail and the second side rail, the second shelf disposed below the first shelf; a third shelf (unnumbered - the bottom portion of 14, 34 where 20 is located in Figure 2) extending horizontally between (this element is considered to extend between the rails, see Figure 1, although not coupled to the rails, i.e., the claim does not require that the second shelf be "coupled" to the rails) the first side rail and the second side rail, the third shelf disposed below the second shelf, wherein the column tube holder comprises at least one of a conductive material, an anti-static material, and a static dissipative material (Udy’668 in column 8, lines 57-60, discloses that “The tubes, support, frames, and other structure of the present invention can be formed of a variety of materials, including polymers, metals, composite materials, etc.”) and metal is at least of a conductive material.
With respect to claim 7, Udy '668 discloses a column tube holder comprising a first side rail (the inner side portion of 51 on the left of Figure 2) extending vertically; a second side rail (the inner side portion of 51 on the right of Figure 2) extending vertically; a first shelf (at 14, 32, extending from 50, 50 at the top of Figure 2) extending horizontally between (see Figure 1) the first side rail and the second side rail; a second shelf (unnumbered - the top portion of 14, 34 where 20 is located, to the left of numeral 28 in Figure 2) extending horizontally between (this element is considered to extend between the rails, see Figure 1, although not coupled to the rails, i.e., the claim does not require that the second shelf be "coupled" to the rails) the first side rail and the second side rail, the second shelf disposed below the first shelf; a third shelf (unnumbered - the bottom portion of 14, 34 where 20 is located in Figure 2) extending horizontally between (this element is considered to extend between the rails, see Figure 1, although not coupled to the rails, i.e., the claim does not require that the second shelf be "coupled" to the rails) the first side rail and the second side rail, the third shelf disposed below the second shelf, the third shelf comprising at least one hole (the center hole at numeral 20) disposed therethrough; at least two sidewalls (at 14, 34 in Figure 2 and similar opposite sidewall) extending vertically between (see Figure 2) the second shelf and the third shelf, each sidewall of the at least two sidewalls disposed on opposing sides (see Figure 2, where one sidewall is to the left "side" of the center hole 20, and the other sidewall is to the right "side" of the center 20) of the at least one hole;
With respect to claim 9, Udy '668 discloses the column tube holder of claim 7, wherein the column tube holder comprises at least one of a conductive material, an anti-static material, and a conductive material (Udy’668 in column 8, lines 57-60, discloses the holder is made of metal which is at least of a conductive material). .
With respect to claim 10, Udy '668 discloses the column tube holder of claim 7, wherein each sidewall of the at least two sidewalls (at 14, 34 in Figure 2 and similar opposite sidewall) is equidistant from the at least one hole (see Figure 2, where one sidewall is to the left "side" of the center hole 20, and the other sidewall is to the right "side" of the center 20).
With respect to claim 11, Udy '668 discloses wherein each sidewall of the at least two sidewalls are substantially planar (see Figure 2, along the plane of numeral 14, 34).
With respect to claim 12, Udy '668 discloses the column tube holder of claim 7, wherein each sidewall of the at least two sidewalls (14, 34) comprises a shape that is at least one of convex, concave (see the L-shaped indent 62, figure 5 of sidewall 34 is concave), circular, and oval-shaped.
With respect to claim 13, Udy '668 discloses the column tube holder of claim 7, further comprising at least one partial bottom wall (the vertical wall between second and third shelf and sidewalls 14 and 34, figure 2) extending adjacent to the third shelf, where the at least one partial bottom wall is aligned in the vertical plane (such partial bottom wall is aligned with the vertical plane).
With respect to claim 14, Udy’668 discloses the column tube holder of claim 12, further comprising at least one partial top wall (the same vertical wall discussed in the above claim 13 between second and third shelf and sidewalls 14 and 34, figure 2 can also be partial top wall since claims 12 and 14 exclusive of each other) extending adjacent to the second shelf, where the at least one partial top wall is aligned in the vertical plane (such partial top wall is aligned with the vertical plane).
With respect to claim 15, Udy '668 discloses a system for holding column tubes (13) comprising the column tube holder, as advanced above, comprising the first side rail extending vertically; the second side rail extending vertically; the first shelf extending horizontally between the first side rail and the second side rail, the first shelf comprising a first plurality of holes (at 22) disposed therethrough; the second shelf extending horizontally between, as discussed above, the first side rail and the second side rail, the second shelf disposed below the first shelf, the second shelf comprising a second plurality of holes (at 20) disposed therethrough; and the third shelf extending horizontally between, as discussed above, the first side rail and the second side rail, the third shelf disposed below the second shelf, the third shelf comprising a third plurality of holes (20) disposed therethrough; and at least one column tube (13 - in back row in Figure 2) disposed within at least one hole of the first plurality of holes (22) and at least one hole of the second plurality of holes (20);
With respect to claim 17, Udy '668 discloses further comprising at least one receiving container (68) disposed beneath the third shelf; and the at least two sidewalls, as advanced above, extending vertically between the second shelf and the third shelf, each sidewall of the at least two sidewalls disposed on opposing sides, as discussed above, of at least one hole of the third plurality of holes, wherein liquid droplets from the at least one column tube (13) drop (i.e., considered to be inherent that if the tube 13 is wet that droplets thereon would fall into the lower surface of 68) between the at least two sidewalls into the at least one receiving container.
With respect to claim 20, Udy '668 discloses the column tube holder of claim 15, wherein the column tube holder comprises at least one of a conductive material, an anti-static material, and a conductive material (Udy’668 in column 8, lines 57-60, discloses the holder is made of metal which is at least of a conductive material).
With respect to claim 21, Udy '668 discloses the column tube holder for performing size-exclusion chromatography (intended use, tube holder of Udy’668 is capable of such use) comprising: two vertical support members (the first and second vertical rails discussed above), and at least three horizontal shelves (see above discussions) extending between the two vertical support members, wherein the column tube holder is composed of conductive material (Udy’668 in column 8, lines 57-60, discloses the holder is made of metal which is at least of a conductive material).
With respect to claim 22, Udy '668 discloses the column tube holder of claim 21, further comprising: at least one hole (22, in first shelf, holes 20 in second and third shelf, figure 2) disposed through each of the three horizontal shelves, and at least two sidewalls 14, 34) extending vertically between two of the at least three horizontal shelves, wherein the at least two sidewalls are equidistant from the at least one hole (see Figure 2, where one sidewall is to the left "side" of the center hole 20, and the other sidewall is to the right "side" of the center 20).
Claims 1, 2, and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 4,124,122 (Emmitt’122).
With respect to claim 1, Emmitt’122 discloses a column tube holder (10) comprising: a first side rail (18, figure 1) extending vertically; a second side rail (20, figure 1) extending vertically; a first shelf (16, figure 1) extending horizontally between the first side rail and the second side rail; a second shelf (14, figure 1) extending horizontally between the first side rail and the second side rail, the second shelf disposed below the first shelf; and a third shelf (12, figure 1) extending horizontally between the first side rail and the second side rail, the third shelf disposed below the second shelf, wherein the column tube holder comprises at least one of a conductive material, an anti-static material, and a static dissipative material (Emmitt’122 discloses “ It will also be readily apparent that the rack 10 may be constructed of any appropriate material other than plastic, such as stainless steel, aluminum or the like.”- see column 2, lines 53-55 where stainless steel and aluminum meet the limitations of at least one of a conductive material, an anti-static material, and a static dissipative material).
With respect to claim 2, Emmitt’122 discloses the column tube holder of claim 1, wherein the column tube holder is composed of at least one of copper, aluminum, nickel, graphene, brass, stainless steel, carbon steel, and titanium (Emmitt’122 discloses “ It will also be readily apparent that the rack 10 may be constructed of any appropriate material other than plastic, such as stainless steel, aluminum or the like.”- see column 2, lines 53-55).
With respect to claim 5, Emmitt’122 discloses the column tube holder of claim 1, wherein the first shelf (16) comprises a first plurality of holes (28, figure 1), wherein the second shelf (14, figure 1) comprises a second plurality of holes (26), the number of holes in the second plurality equaling the number of holes in the first plurality, wherein the third shelf (12, figure 1) comprises a third plurality of holes (30), the number of holes in the third plurality of holes equaling the number of holes in the second plurality of holes, and wherein the first plurality of holes, the second plurality of holes, and the third plurality of holes are vertically aligned (figure 1).
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.
Claims 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent No. 5,169,603 (Landsberger '603) in view of U.S. Patent No. 4,124,122 (Emmitt’122).
With respect to claim 1, Landsberger’603 discloses a column tube holder comprising: a first side rail (8, figures 1 and 2) extending vertically; a second side rail (10) extending vertically; a first shelf (32) extending horizontally between the first side rail and the second side rail; a second shelf (30) extending horizontally between the first side rail and the second side rail, the second shelf disposed below the first shelf; and a third shelf (2) extending horizontally between the first side rail and the second side rail, the third shelf (2) disposed below the second shelf.
However, Landsberger’603 does not disclose wherein the column tube holder comprises at least one of a conductive material, an anti-static material, and a static dissipative material.
Emmitt’122 teaches in a column tube holder (10) comprising: a first side rail (18, figure 1) extending vertically; a second side rail (20, figure 1) extending vertically; a first shelf (16, figure 1) extending horizontally between the first side rail and the second side rail; a second shelf (14, figure 1) extending horizontally between the first side rail and the second side rail, the second shelf disposed below the first shelf; and a third shelf (12, figure 1) extending horizontally between the first side rail and the second side rail, the third shelf disposed below the second shelf, wherein the column tube holder comprises at least one of a conductive material, an anti-static material, and a static dissipative material (Emmitt’122 discloses “ It will also be readily apparent that the rack 10 may be constructed of any appropriate material other than plastic, such as stainless steel, aluminum or the like.”- see column 2, lines 53-55 where stainless steel and aluminum meet the limitations of at least one of a conductive material, an anti-static material, and a static dissipative material).
It would have been obvious to one of ordinary skilled in the art to have replace the plastic material of the column tube holder of Landsberger’603 with material such as stainless steel, aluminum or the like as taught to be desirable by Emmitt’122.
With respect to claim 2, Landsberger’603 and Emmitt’122 combined discloses the column tube holder of claim 1, wherein Emmitt’122 teaches the column tube holder is composed of at least one of copper, aluminum, nickel, graphene, brass, stainless steel, carbon steel, and titanium (Emmitt’122 discloses “ It will also be readily apparent that the rack 10 may be constructed of any appropriate material other than plastic, such as stainless steel, aluminum or the like.”- see column 2, lines 53-55).
With respect to claim 3, Landsberger’603 and Emmitt’122 combined discloses the column tube holder of claim 1, except wherein the column tube holder comprises a surface resistivity from about 1 x 10^-6 ohm/sq to about 1 x 10^9 ohm/sq. It would have been obvious to one having ordinary skill in the art to have made the column tube holder with a surface resistivity from about 1 x 10^-6 ohm/sq to about 1 x 10^9 ohm/sq, since it has 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, 105 USPQ 233.
With respect to claim 4, Landsberger’603 and Emmitt’122 combined discloses the column tube holder of claim 1, except wherein the column tube holder comprises a conductivity from about 1.01 x 10^-8 (ohm-meters)^-1 to about 1.01 x 10^4 (ohm-meters)^-1.
It would have been obvious to one having ordinary skill in the art to have made the column tube holder with a conductivity from about 1.01 x 10^-8 (ohm-meters)^-1 to about 1.01 x 10^4 (ohm-meters)^-1, since it has 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, 105 USPQ 233.
With respect to claim 5, Landsberger’603 and Emmitt’122 combined discloses the column tube holder of claim 1, wherein Landsberger’603 discloses the first shelf comprises a first plurality of holes (holes in the grid 40), wherein the second shelf comprises a second plurality of holes (holes in the grid 38), the number of holes in the second plurality equaling the number of holes in the first plurality; wherein the third shelf comprises a third plurality of holes (6).
However, Landsberger’603 does not show the number of holes in the third plurality of holes equaling the number of holes in the second plurality of holes, and wherein the first plurality of holes, the second plurality of holes, and the third plurality of holes are vertically aligned.
Emmitt’122 teaches wherein the first shelf (16) comprises a first plurality of holes (28, figure 1), wherein the second shelf (14, figure 1) comprises a second plurality of holes (26), the number of holes in the second plurality equaling the number of holes in the first plurality, wherein the third shelf (12, figure 1) comprises a third plurality of holes (30), the number of holes in the third plurality of holes equaling the number of holes in the second plurality of holes, and wherein the first plurality of holes, the second plurality of holes, and the third plurality of holes are vertically aligned to hold the bottom of a tube (figures 2 and 3) . It would have been obvious to one of ordinary skilled in the art to have modify the holder of Landsberger’603 such that the number of holes in the third plurality of holes equaling the number of holes in the second plurality of holes, and wherein the first plurality of holes, the second plurality of holes, and the third plurality of holes are vertically aligned to fix the bottom of a tube as taught to be desirable by Emmitt’122.
With respect to claim 6, Landsberger’603 and Emmitt’122 combined discloses the column tube holder of claim 5, further comprising at least one pair of sidewalls (direct opposite side walls 16 or 18 at the front and rear) extending vertically between the second shelf and the third shelf, wherein a first sidewall of the at least one pair of sidewalls is disposed on the opposite side of a hole (6) of the third plurality of holes from a second sidewall of the at least one pair of sidewalls.
With respect to claims 7 and 8, Landsberger’603 discloses a column tube holder comprising: a first side rail (8, figures 1 and 2) extending vertically; a second side rail (10) extending vertically; a first shelf (32) extending horizontally between the first side rail and the second side rail; a second shelf (30) extending horizontally between the first side rail and the second side rail, the second shelf disposed below the first shelf (per claim 7). Additionally, with respect to claim 8, Landsberger’603 further comprising a base (4) beneath the shelves, wherein each of the first and second side rails (8 and 10) are anchored into the base (4).
However Landsberger’603 does not discloses a third shelf extending horizontally between the first side rail and the second side rail, the third shelf disposed below the second shelf, the third shelf comprising at least one hole disposed therethrough; and at least two sidewalls extending vertically between the second shelf and the third shelf, each sidewall of the at least two sidewalls disposed on opposing sides of the at least one hole and wherein the base is beneath the third shelf. Emmitt’122 teaches in figure 3 that pair of intermediary shelves 58 and 60 can be provided to the column tube holder “holding securely test tubes when pushed at least through the toroidal resilient member of the upper support plate 58” (column 4, lines 22-24) such that the column tube holder comprising: a first side rail (18) extending vertically; a second side rail (38) extending vertically; a first shelf (16, figure 3) extending horizontally between the first side rail and the second side rail; a second shelf (58, figure 3) extending horizontally between the first side rail and the second side rail, the second shelf disposed below the first shelf; a third shelf (60) extending horizontally between the first side rail and the second side rail, the third shelf disposed below the second shelf, the third shelf comprising at least one hole (56, figure 3) disposed therethrough; wherein the first (28), second (54), and third (56) plurality of holes are vertically aligned; and further comprising a base (12) beneath the third shelf, wherein each of the first and second side rails (18 and 38, figure 1) are anchored into the base (12, figure 1).
It would have been obvious to one of ordinary skilled in the art to have modify the column tube holder of Landsberger’603 such that a third shelf extending horizontally between the first side rail and the second side rail, the third shelf disposed below the second shelf, the third shelf comprising at least one hole disposed therethrough; and at least two sidewalls extending vertically between the second shelf and the third shelf, each sidewall of the at least two sidewalls disposed on opposing sides of the at least one hole and wherein the base is beneath the third shelf for holding securely test tubes as taught to be desirable by Emmitt’122.
With respect to claim 9, Landsberger’603 and Emmitt’122 combined discloses the column tube holder of claim 7 as discussed above, wherein Emmitt’122 teaches the column tube holder comprises at least one of a conductive material, an anti-static material, and a conductive material (see claim 1 discussion above).
With respect to claim 10, Landsberger’603 and Emmitt’122 combined discloses the column tube holder of claim 7, wherein each sidewall of the at least two sidewalls (opposing side walls 16 on front and rear side ) is equidistant from the at least one hole (the middle grid hole of fhird shelves discussed above).
Regarding claim 11, Landsberger’603 and Emmitt’122 combined discloses the column tube holder of claim 7, wherein each sidewall (opposing pairs of wall 16 in the front and rear sides) of the at least two sidewalls is substantially planar.
Claims 2-4 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Udy '668, alone.
With respect to claim 2, Udy '668 discloses the column tube holder of claim 1, except for wherein the column tube holder is composed of at least one of copper, aluminum, nickel, graphene, brass, stainless steel, carbon steel, and titanium.
Udy’668 in column 8, lines 57-60, discloses that “The tubes, support, frames, and other structure of the present invention can be formed of a variety of materials, including polymers, metals, composite materials, etc.”. it would have been an obvious design choice to have fabricated the column tube holder of Udy '668 from any one of the copper, aluminum, nickel, graphene, brass, stainless steel, carbon steel, and titanium since these materials are conventional metallic materials which is one of the preferred type of material disclosed by Udy’668.
With respect to claim 3, Udy '668 discloses the column tube holder of claim 1, except wherein the column tube holder comprises a surface resistivity from about 1 x 10^-6 ohm/sq to about 1 x 10^9 ohm/sq. It would have been obvious to one having ordinary skill in the art to have made the column tube holder with a surface resistivity from about 1 x 10^-6 ohm/sq to about 1 x 10^9 ohm/sq, since it has 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, 105 USPQ 233.
With respect to claim 4, Udy’668 discloses the column tube holder of claim 1, except wherein the column tube holder comprises a conductivity from about 1.01 x 10^-8 (ohm-meters)^-1 to about 1.01 x 10^4 (ohm-meters)^-1.
It would have been obvious to one having ordinary skill in the art to have made the column tube holder with a conductivity from about 1.01 x 10^-8 (ohm-meters)^-1 to about 1.01 x 10^4 (ohm-meters)^-1, since it has 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, 105 USPQ 233.
With respect to claim 18, Udy '668 discloses the system as advanced above but fails to disclose the reservoir being polystyrene. Although a specific material is not set forth in Udy '668, it would have been an obvious design choice to have fabricated the reservoir (68) of Udy '668 from polystyrene, for increased ease in economy and manufacture.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art of record further demonstrate holders with holes of interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ko (Korie) H Chan whose telephone number is (571)272-6816. The examiner can normally be reached on Monday -Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached on 571-272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Ko H Chan/Primary Examiner,
Art Unit 3631
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