FINAL 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 .
Response to Arguments
Applicant's arguments filed 25 September 2025 with respect to claim 1 have been fully considered but they are not persuasive.
In response to Applicant’s argument that “[a]ccording to Ge, the placing hole 4 is only used for holding test tubes 9, and the limit ring 5 is received in the special groove 8, the limit ring 5 does not extend into the placing hole,” (page 5, Remarks) and “Ge also fails to disclose ‘the sleeve portion is received in the first groove, the positioning portion is received in the second groove’” (page 6, Remarks), the examiner notes that Ge discloses a mounting structure comprising a placing hole 4 defining an internal cavity in rotating disc 3, and a limit ring 5 fixed to the test tube and cooperating with special groove 8 in cover plate 6 to retain and position the test tube relative to the rotating plate 3 (Fig. 1). The placing hole and special groove together define a stepped groove arrangement that receives different portions of the supporting member.
The examiner interprets Ge’s rubber ring and limit ring 5 together as a supporting member assembly that corresponds to the claimed sleeve portion and positioning portion. The claimed “supporting member” is not limited to a single, unitary component, and the claim language encompasses an assembly of connected portions that together perform the recited supporting and positioning functions. The claim also does not require that all grooves be formed in a single monolithic structure, nor does it exclude a groove formed in a cover or cooperating plate (e.g., special groove 8 formed in cover plate 6, Fig. 1, Ge), as long as the mounting groove defines first, second, and third grooves positioned in sequence with step surfaces between, as recited.
Applicant further argues that the present application’s sleeve portion and positioning portion achieve “reliable fixation” and “limit coordination” that differ from the functions of Ge’s limit ring and placing hole. However, said functional limitations are not recited in claim 1. The claim recites structural relationships in terms of portions received in grooves and abutting step surfaces, which are reasonably taught or suggested by Ge.
Applicant’s arguments with respect to claim 10 have been fully considered and are persuasive. The rejection over Jiang in view of Tang, Li, Sogi, and Ge has been withdrawn, because the prior art does not teach or suggest “a supporting member comprising a containing body and an upper cover, wherein the upper cover is connected to a top portion of the containing body, the supporting member is sleeved on the containing body and positioned below the upper cover…the second step surface abuts the upper cover; the upper cover is received in the third groove.”
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings were received on 27 March 2025. These drawings are acceptable.
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 10-12, 17 and 20 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 10, the phrase “a supporting member comprising a containing body and an upper cover” in line 19 and the phrase “the supporting member is sleeved on the containing body and positioned below the upper cover” are confusing, because it is unclear how the supporting member can be sleeved on the containing body and positioned below the upper cover when the supporting member is comprised of these two components. For purposes of examination, the examiner interprets the limitation “the supporting member comprises a containing body and an upper cover” consistent with the originally presented claim 13, i.e., as meaning that the liquid container comprises a containing body and an upper cover. Furthermore, “the sleeve portion” and “the positioning portion” in line 25 lack antecedent basis and structural relationship. It is unclear what component are “the sleeve portion” and “the positioning portion” portions of. For purposes of examination, the examiner interprets the “the sleeve portion” and “the positioning portion” to be part of the supporting member, consistent with what is recited in claim 1. Claims 11, 12, 17, and 20 are rejected for the same reasons due to their dependency upon said claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 7, 8, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over CN 206009011 (Jiang) in view of CN 208320846 (Li), and further in view of CN 212882986 (Ge).
Regarding claim 1, Jiang discloses a liquid processing fixture comprising: a mounting plate (cap stripping frame 2; Fig. 1) wherein a mounting groove (cap hole 13; Fig. 1) is defined on the mounting plate; a cover plate (upper cover 12; Fig. 1), wherein the cover plate comprises a first end portion (left end of upper cover 12, Fig. 1) and a second end portion (right end of upper cover 12, Fig. 1), the first end portion is rotatably connected to the mounting plate, and the cover plate is positioned at a side of the mounting groove, the cover plate is changeable between a closed state to cover the mounting groove and an open state to uncover the mounting groove (see Fig. 1), a baffle (adapter body 1; Fig. 1) and an elastic member (spring 20; Fig. 1), the elastic member (spring 20; Fig. 1) connects the baffle (adapter body 1; Fig. 1) and the mounting plate (cap stripping frame 2; Fig. 1), but does not disclose a fixing element, connected to the mounting plate, wherein the second end portion is detachably connected to the fixing element; a supporting member positioned in the mounting groove and comprising a sleeve portion positioned in the mounting groove; and a positioning portion connected to the sleeve portion, wherein the mounting groove defines a first groove, a second groove and a third groove positioned in sequence, areas of the first groove, the second groove and the third groove at respective planes parallel to a radial direction of the first groove increase in size in the sequence; the sleeve portion is received in the first groove, the positioning portion is received in the second groove, a first step surface is formed between the first groove and the second groove, the first step surface abuts the positioning portion; and the second groove is located between the first groove and the third groove, a second step surface is formed between the second groove and the third groove.
Li discloses analogous art related to centrifuge tube holder, comprising a fixing element (connecting column 10 and ratchet 11; Fig. 1), connected to the mounting plate (corresponds to reinforcing ring 8; Fig. 1), wherein the second end portion is detachable connected to the fixing element (the portion of tube cover 2 that is connected to the fixing element 10, 11 is considered to be the second end portion; Fig. 1). It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have provided the fixture of Jiang with the fixing element configuration taught by Li for the purpose of avoiding distortion caused by leakage and prolonging the service life of the whole device (page 4 lines 2-5 of machine translation of Li).
The combination of Jiang and Li does not disclose a supporting member positioned in the mounting groove and comprising a sleeve portion positioned in the mounting groove; and a positioning portion connected to the sleeve portion, wherein the mounting groove defines a first groove, a second groove and a third groove positioned in sequence, areas of the first groove, the second groove and the third groove at respective planes parallel to a radial direction of the first groove increase in size in the sequence; the sleeve portion is received in the first groove, the positioning portion is received in the second groove, a first step surface is formed between the first groove and the second groove, the first step surface abuts the positioning portion; and the second groove is located between the first groove and the third groove, a second step surface is formed between the second groove and the third groove.
Ge discloses analogous art related to a centrifuge tube holder, where a supporting member (“rubber ring” at page 2 lines 25-26 of machine translation and limit ring 5, Fig. 1) positioned in the mounting groove (placing hole 4 and special groove 8, Fig. 1) and comprising a sleeve portion (“rubber ring”, page 2 lines 25-26 of machine translation) positioned in the mounting groove; and a positioning portion (limit ring 5, Fig. 1) connected to the sleeve portion, wherein the mounting groove defines a first groove (placing hole 4, Fig. 1), a second groove and a third groove (special groove 8, Fig. 1) positioned in sequence, areas of the first groove, the second groove and the third groove at respective planes parallel to a radial direction of the first groove (see annotated Fig. 1 below); the sleeve portion (“rubber ring”, page 2 lines 25-26 of machine translation) is received in the first groove, the positioning portion (limit ring 5, Fig. 1) is received in the second groove, a first step surface is formed between the first groove and the second groove, the first step surface abuts the positioning portion; and the second groove is located between the first groove and the third groove, a second step surface is formed between the second groove and the third groove (see annotated Fig. 1). Although Ge does not disclose that the third groove increase in size in the sequence, it would have been obvious for one of ordinary skill in the art to modify the third groove size to have the claimed proportion to the first and second groove since changes in size or proportion involve mere changes in dimensions, which is considered an obvious matter of design choice absent a showing of unexpected results. See MPEP 2144.04 IV. It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have provided the liquid processing fixture of Jiang and Li with the supporting member and mounting groove of Ge for the purpose of providing a device capable of multiple groups of simultaneous separation (Abstract of Ge).
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Regarding claim 7, the combination of Jiang, Li, and Ge discloses analogous art related to centrifuge tube, wherein the fixing element (connecting column 10 and ratchet 11, Fig. 1, Li) comprises a first portion (connecting column 10, Fig. 1, Li) and a second portion (ratchet 11, Fig. 1, Li), the first portion is detachably connected (via the second portion, Fig. 1, Li) to the mounting plate (corresponds to reinforcing ring 8, Fig. 1, Li), the second portion is connected to the first portion (see annotated Fig. 1 below. Li).
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Regarding claim 8, the combination of Jiang, Li, and Ge discloses wherein the second portion abuts the second end portion of the cover plate (a portion of the second portion 11 abuts an end or a second end of the cover plate/tube cover 2, see annotated Fig. 1, Li).
Regarding claim 18, the combination of Jiang, Li, and Ge discloses wherein the fixing element (connecting column 10 and ratchet 11, Fig. 1, Li) comprises a first portion (connecting column 10, Fig. 1, Li) and a second portion (ratchet 11, Fig. 1, Li), the first portion is detachably connected (via the second portion, Fig. 1, Li) to the mounting plate (corresponds to reinforcing ring 8, Fig. 1, Li), the second portion is connected to the first portion (see annotated Fig. 1, Li), the second portion abuts the second end portion of the cover plate (a portion of the second portion 11 abuts an end or a second end of the cover plate/tube cover 2, see annotated Fig. 1, Li).
Claims 6 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Jiang in view of Li, and further in view of Ge, as applied to claim 1 above, and further in view of Bell et al. (U.S. Patent No. 5,584,790, hereinafter Bell).
Regarding claim 6, the combination of Jiang, Li, and Ge does not disclose wherein a first end of the elastic member is connected to a periphery of the baffle, a second end of the elastic member is connected to the bottom of the mounting plate.
Bell discloses analogous art related to centrifuge tube holder, comprising a baffle (anchor ring 37; Fig. 5) and an elastic member (spring-loaded linkage 33; Fig. 5), the elastic member connects the baffle and the mounting plate (corresponds to tube holder 12; Fig. 5), wherein a first end of the elastic member (spring-loaded linkage 33; Fig. 5) is connected to a periphery of the baffle (anchor ring 37; Fig. 5), a second end of the elastic member is connected to the side of the mounting plate (corresponds to tube holder 12; Fig. 5). Although Bell does not disclose the second end of the elastic member is connected to the bottom of the mounting plate, simply arranging the location of the connection to the mounting plate is a rearrangement of parts that would not have modified the operation of the device and is an obvious matter of design choice. See MPEP § 2144.04. It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have provided the fixture of the combination of Jiang, Li, and Ge with the baffle and elastic member as taught by Bell for the purpose of providing inclination to the tube holders during centrifugation (Abstract, Bell).
Regarding claim 19, the combination of Jian, Li, Ge, and Bell discloses wherein a number of elastic members (Bell teaches a centrifuge that holds a plurality of tubes, and a spring-loaded linkage 33 for each tube holder 12, Fig. 1 and 5, col. 3 lines 22-35, col. 6 lines 10-44) are positioned and symmetrically distributed on the peripheral side of the baffle (anchor ring 37, Fig. 5, Bell).
Allowable Subject Matter
Claims 10-12, 17, and 20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action, because the prior art does not teach or suggest, in combination the other claimed structural elements, a supporting member comprising a containing body and an upper cover, wherein the upper cover is connected to a top portion of the containing body, the supporting member is sleeved on the containing body and positioned below the upper cover; the second step surface abuts the upper cover; the upper cover is received in the third groove.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHUYI S LIU whose telephone number is (571)272-0496. The examiner can normally be reached MON - FRI 9:30AM - 2:30PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire Wang can be reached at 571-270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Shuyi S. Liu/Examiner, Art Unit 1774
/CLAIRE X WANG/Supervisory Patent Examiner, Art Unit 1774