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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7 October 2025 has been entered.
Response to Amendment
This is an office action in response to Applicant’s arguments and remarks filed on 7 October 2025. Claims 1 and 3-21 are pending in this application. Claim 2 has been canceled. Claim 12 has been withdrawn. Claims 1, 3-11, and 13-21 are being examined herein.
Status of Objections and Rejections
The rejection of claims 1 and 3-11 under 32 U.S.C. § 103 is withdrawn in view of Applicant’s amendments.
The rejection of claim 2 under 32 U.S.C. § 103 is withdrawn in view of the claim’s cancellation.
The rejections of claims 1-3, 7, 8, and 10-11 under 35 U.S.C. 103 in view of Yasui, et. al. (US 20160327587 A1) in view of Kazumasa, et. al. (JP 2014085285 A) and Takeda, et. al. (JP 3300121 B2) is withdrawn in view of Applicant’s amendments.
The rejection of claim 4 under 35 U.S.C. 103 in view of Yasui, et. al. (US 20160327587 A1) in view of Kazumasa, et. al. (JP 2014085285 A) and Takeda, et. al. (JP 3300121 B2) and in further view of Imazu, et. al. (US 6171280 B1) is withdrawn in view of Applicant’s amendments.
The rejection of claim 5 under 35 U.S.C. 103 in view of Yasui, et. al. (US 20160327587 A1) in view of Kazumasa, et. al. (JP 2014085285 A) and Takeda, et. al. (JP 3300121 B2) and in further view of Hawkin (So What Exactly Is A Force Plate?) is withdrawn in view of Applicant’s amendments.
The rejection of claim 9 under 35 U.S.C. 103 in view of Yasui, et. al. (US 20160327587 A1) in view of Kazumasa, et. al. (JP 2014085285 A) and Takeda, et. al. (JP 3300121 B2) and in further view of Imazu, et. al. (US 6171280 B1) is withdrawn in view of Applicant’s amendments.
New grounds for rejection of claims 1 and 3-11 under 35 U.S.C. 103 as necessitated by Applicant’s amendments.
Response to Arguments
Applicant’s arguments, see pages 10-12, filed 7 October 2025, with respect to the rejections of claims 1-11 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of Onoki, et. al. (US 20210181224 A1).
Claim Rejections - 35 USC § 102
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, 3-4, 13-14 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Onoki, et. al. (US 20210181224 A1).
Applicant cannot rely upon the certified copy of the foreign priority application to overcome this rejection because a translation of said application has not been made of record in accordance with 37 CFR 1.55. When an English language translation of a non-English language foreign application is required, the translation must be that of the certified copy (of the foreign application as filed) submitted together with a statement that the translation of the certified copy is accurate. See MPEP §§ 215 and 216.
For claim 1, Onoki teaches biochemical analysis apparatus with a piercer and a nozzle that passes through the piecer [Abstract]. Onoki teaches driving all of the following elements is controller 500 that comprises a CPU and RAM to execute and measure different steps [0061-0063, 0057-0058]. Onoki teaches the analysis apparatus 1 comprises a piercer 7 that moves upward and downward by piercer driving device 71 to pierce a cover member covering the top of sample accommodation container 2 [Fig. 4-5] [0052, 0054] (a piercer configured to pierce a lid which seals an opening of a sample container containing a sample). Onoki teaches an embodiment of the piercer 7 that further includes a piezoelectric element 850 that converts the force applied to the piezoelectric element 850 into a voltage that is supplied to a controller 500 that determines when the piercer 7 moves through the cover member 22 [Fig. 28-29B] [0186-0191] (a detector, including a sensor and circuitry, configured to detect the piercer penetrating through the lid). Once piercer 7 is through cover member 22, nozzle 8 extends through the space of piercer 7 to aspirate the sample [Fig. 6-8] [0053-0058] (a sample dispensing probe configured to pass through an inside of the piercer that has penetrated through the lid, to enter the sample container, and to aspirate the sample) (the sample dispensing probe is configured to pass through the inside of the piercer located at the penetration position so that the sample dispensing probe enters the sample container and aspirates the sample).
Piercer 7 has an uppermost stop position as determined by the length of shaft 712 that moves arm 711 and piercer 7 from the uppermost stop position to penetrating into the sample accommodation container 2 [Fig. 4-6] (wherein the piercer is configured to move down from an upper stop position above the sample container). Onoki teaches the piezoelectric element 850 converts the force applied to the piezoelectric element 850 into a voltage that is supplied to a controller 500 that determines when the piercer 7 moves through the cover member 22 [Fig. 28-29B] [0186-0191] (wherein the piercer is configured to move down from an upper stop position above the sample container, and stop at a penetration position before reaching the sample in response to the detector having detected that the piercer has penetrated through the lid).
For claim 3, Onoki teaches the piezoelectric element 850 on piercer 7 take the applied force and converts is into a voltage that is output as a current to controller 500; this force can be measured and converted by controller 500 to determine when piercer 7 penetrates cover member 22 [Fig. 28-29B] [0186-0195] (wherein the detector is further configured to detect that the piercer has penetrated through the lid, by measuring force applied to the piercer when the piercer is moving down).
For claim 4, Onoki teaches the piezoelectric element 850 on piercer 7 take the applied force and converts is into a voltage that is output as a current to controller 500; this force can be measured and converted by controller 500 to determine when piercer 7 penetrates cover member 22 [Fig. 28-29B] [0186-0195] (wherein the detector is further configured to detect that the piercer has penetrated through the lid, by measuring force applied to the piercer when the piercer is moving down). Onoki teaches the detection of two inflection points α and β from piezoelectric element 850, wherein α indicates when piercer 7 first hits cover member 22 and β specifically indicates when piercer 7 is through cover member 22 and PA indicates the measurement from the uppermost position [Fig. 29A-B] [0190-0195] (wherein the detector is further configured to acquire, when the piercer is moving down and after the force applied to the piercer is increased, a measurement of force that is higher than the force applied to the piercer at the upper stop position and that involves a change within a predetermined extent, so that the detector detects that the piercer has penetrated through the lid).
For claim 13, Onoki teaches biochemical analysis apparatus with a piercer and a nozzle that passes through the piecer [Abstract]. Onoki teaches driving all of the following elements is controller 500 that comprises a CPU and RAM to execute and measure different steps [0061-0063, 0057-0058]. Onoki teaches the analysis apparatus 1 comprises a piercer 7 that moves upward and downward by piercer driving device 71 to pierce a cover member covering the top of sample accommodation container 2 [Fig. 4-5] [0052, 0054] (a piercer configured to pierce a lid which seals an opening of a sample container containing a sample). Onoki teaches an embodiment of the piercer 7 that further includes a piezoelectric element 850 that converts the force applied to the piezoelectric element 850 into a voltage that is supplied to a controller 500 that determines when the piercer 7 moves through the cover member 22 [Fig. 28-29B] [0186-0191] (a detector, including a sensor and circuitry, configured to detect the piercer penetrating through the lid). Once piercer 7 is through cover member 22, nozzle 8 extends through the space of piercer 7 to aspirate the sample [Fig. 6-8] [0053-0058] (a sample dispensing probe configured to pass through an inside of the piercer that has penetrated through the lid, to enter the sample container, and to aspirate the sample). Onoki teaches the piezoelectric element 850 on piercer 7 take the applied force and converts is into a voltage that is output as a current to controller 500; this force can be measured and converted by controller 500 to determine when piercer 7 penetrates cover member 22 [Fig. 28-29B] [0186-0195] (wherein the detector is further configured to detect that the piercer has penetrated through the lid, by measuring force applied to the piercer when the piercer is moving down).
For claim 14, Onoki teaches the detection of two inflection points α and β from piezoelectric element 850, wherein α indicates when piercer 7 first hits cover member 22 and β specifically indicates when piercer 7 is through cover member 22 and PA indicates the measurement from the uppermost position [Fig. 29A-B] [0190-0195] (wherein the detector is further configured to acquire, when the piercer is moving down and after the force applied to the piercer is increased, a measurement of force that is higher than the force applied to the piercer at the upper stop position and that involves a change within a predetermined extent, so that the detector detects that the piercer has penetrated through the lid).
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.
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 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Onoki, et. al. (US 20210181224 A1) in view of Hawkin (So What Exactly Is A Force Plate?; as cited in OA dated 6 March 2025 and 7 July 2025).
For claim 5, Onoki teaches the force is measured with a piezoelectric sensor that convert the force to a signal to be ready by the controller 500 [Fig. 28-29B] [0186-0195] (configured to convert force applied to the piercer into an electrical signal).
Onoki is silent to wherein the sensor comprises a load cell.
Hawkin teaches force plates are used to measure the force associated with a movement, and these force plates can house different types of sensors, one of which being a load cell [page 2] (sensor comprises a load cell configured to convert force applied to the piercer into an electrical signal). These sensors can operate through a transducer which measure force via a changed electrical current [page 9]. A piezoelectric sensor is a common transducer found in force platforms [page 9].
It would have been obvious to one skilled in the art before the effective filing date of the invention to use a piezoelectric sensor as taught by Onoki that is part of a load cell for a sensor as taught by Hawkin in order to have a sensor to measure the force applied to the piercing nozzle. Because only a finite type of sensors can be used in a force plate, the type of sensor of sensor will not change the overall structural and functional capability of the detector unit and is a finding that one of ordinary skill in the art could have pursued as a known potential solution with reasonable expectation of success. MPEP § 2143 (I)(E).
For claim 15, Onoki teaches the force is measured with a piezoelectric sensor that convert the force to a signal to be ready by the controller 500 [Fig. 28-29B] [0186-0195] (configured to convert force applied to the piercer into an electrical signal).
Onoki is silent to wherein the sensor comprises a load cell.
Hawkin teaches force plates are used to measure the force associated with a movement, and these force plates can house different types of sensors, one of which being a load cell [page 2] (sensor comprises a load cell configured to convert force applied to the piercer into an electrical signal). These sensors can operate through a transducer which measure force via a changed electrical current [page 9]. A piezoelectric sensor is a common transducer found in force platforms [page 9].
It would have been obvious to one skilled in the art before the effective filing date of the invention to use a piezoelectric sensor as taught by Onoki that is part of a load cell for a sensor as taught by Hawkin in order to have a sensor to measure the force applied to the piercing nozzle. Because only a finite type of sensors can be used in a force plate, the type of sensor of sensor will not change the overall structural and functional capability of the detector unit and is a finding that one of ordinary skill in the art could have pursued as a known potential solution with reasonable expectation of success. MPEP § 2143 (I)(E).
Claims 6 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Onoki, et. al. (US 20210181224 A1) in view of Teruaki, et. al. (JP 2011107120 A) (citations made with respect to attached English translation as provided in earlier office action dated 6 March 2025).
For claim 6, Onoki teaches the limitation according to claim 1 (see above).
Onoki is silent to wherein the detector is further configured to generate image data by imaging the sample container and to detect that the piercer has penetrated through the lid based on the image data.
Teruaki teaches a sample processing unit as part of a larger automatic analyzer [0002]. Teruaki teaches the sample processing unit comprises a transparent sample container with a stopper/lid, a nozzle unit containing a needle/sharp tip for penetrating the stopper [0008], and a detection unit that obtains image information of the sample container [0009]. The detection unit 34 comprises imaging unit 45 that is a CCD camera that can capture the image of the side to the test tube 25/sample container along the transport path and can send the image data to a storage unit 12 [0025]. The imaging data specifically goes into the data processing unit 16 that detects the sample surface and the nozzle needle position; this in turn influenced the control unit 17 to position the nozzle needle 53 within the sample [0040] (wherein the detector is further configured to generate image data by imaging the sample container and to detect that the piercer has penetrated through the lid based on the image data). Teruaki teaches generation of image data allows the device to perform high accuracy sample collection when using capped sample containers [0006].
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify a detector of Onoki to be an image data generating detector unit as taught by Teruaki in order to perform high accuracy sample collection of capped sample container. Because both detection units determine if the piercing nozzle/needle is in contact with the sample in the sample container, a substitution of the detection unit (force plate or capacitance detector) as taught by Onoki, for the image generator detector as taught by Teruaki provide likewise sought functionality that would have reasonable expectation of success. MPEP § 2143(I)(G).
For claim 16, Onoki teaches the limitation according to claim 13 (see above).
Onoki is silent to wherein the detector is further configured to generate image data by imaging the sample container and to detect that the piercer has penetrated through the lid based on the image data.
Teruaki teaches a sample processing unit as part of a larger automatic analyzer [0002]. Teruaki teaches the sample processing unit comprises a transparent sample container with a stopper/lid, a nozzle unit containing a needle/sharp tip for penetrating the stopper [0008], and a detection unit that obtains image information of the sample container [0009]. The detection unit 34 comprises imaging unit 45 that is a CCD camera that can capture the image of the side to the test tube 25/sample container along the transport path and can send the image data to a storage unit 12 [0025]. The imaging data specifically goes into the data processing unit 16 that detects the sample surface and the nozzle needle position; this in turn influenced the control unit 17 to position the nozzle needle 53 within the sample [0040] (wherein the detector is further configured to generate image data by imaging the sample container and to detect that the piercer has penetrated through the lid based on the image data). Teruaki teaches generation of image data allows the device to perform high accuracy sample collection when using capped sample containers [0006].
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify a detector of Onoki to be an image data generating detector unit as taught by Teruaki in order to perform high accuracy sample collection of capped sample container. Because both detection units determine if the piercing nozzle/needle is in contact with the sample in the sample container, a substitution of the detection unit (force plate or capacitance detector) as taught by Onoki, for the image generator detector as taught by Teruaki provide likewise sought functionality that would have reasonable expectation of success. MPEP § 2143(I)(G).
Claims 7-11 and 17-21 are rejected under 35 U.S.C. 103 as being unpatentable over Onoki, et. al. (US 20210181224 A1) in view of Yasui, et. al. (US 20160327587 A1) (recited in office action dated 6 March 2025).
For claim 7, Onoki teaches the detection of two inflection points α and β from piezoelectric element 850, wherein α specifically indicates when piercer 7 first reaches cover member 22 [Fig. 29A-B] [0190-0195] (the detector is further configured to detect contact between the piercer and the lid).
Onoki teaches controller 500 controls piercing driver 71 that drive piercer 7 downward [0054] (analysis control circuitry configured to cause the piercer to move down) from when piercer tip 7B hits the cover member 22 (corresponding to α) until it detects the piercer tip 7B is through the cover member 22 (corresponding to β) to stops piercer 7 [Fig. 28-29B] [0189-0193] (from a contact position where the piercer and the lid are in contact with each other…and stop at a penetration position where the piercer penetrates through the lid, before reaching the sample). The controller 500 additionally can determine the type of sample container/rack that will influence the subsequent processing steps (like piercer and nozzle movement) [0047, 0050-0051].
Onoki is silent to the stopping of the piercer being determined by a first distance based on information about one or more preset dimensions.
Yasui teaches a sample collection nozzle to be used with an automatic analyzer [Abstract, 0001]. Yasui teaches a piercing nozzle 12a [Fig. 1] that can pierce a cap and enter the sample container and aspirate the sample from the sample container [0033]. Yasui teaches an external force detector 44 [Fig. 2] that can detect when the piercing nozzle 12a is in contact with the lid and when it passes through the lid [0039, 0045-0046] and a controller 21 that causes the descending operation of the piercing nozzle 12a. The controller 21 moves the piercing nozzle 12a down until the external force detector 44 senses the lid; if the detection plate 43 only moves a set predetermined distance that indicates a lid is present, the controller 21 allows the piercing nozzle 12a to continue to descend to a predetermined position to begin the suction operation [0045-0046, 0050] (analysis control circuitry configured to... and stop at a penetration position where the piercer penetrates through the lid). Yasui teaches using a predetermined distance ensures the piercer is within the sample container and prevents damage to nozzle should any inconsistencies in the sample container or sample container cover/lid [par. 0012, 0013-0015].
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify processing steps of the piercer from the controller that is determined by type and force as taught by Onoki to further be determined by a predetermined/preset distance as taught by Yasui in order to ensure the piercer is within the sample container and prevent damage to nozzle should any inconsistencies in the sample container or sample container cover/lid.
For claim 8, modified Onoki teaches piercer 7 has an uppermost stop position as determined by the length of shaft 712 that moves arm 711 and piercer 7 from the uppermost stop position to penetrating into the sample accommodation container 2 [Fig. 4-6] (wherein the piercer is configured to move down from an upper stop position above the sample container). Onoki teaches the piezoelectric element 850 on piercer 7 take the applied force and converts is into a voltage that is output as a current to controller 500; this force can be measured and converted by controller 500 to determine when piercer 7 first makes contact with cover member 22 (corresponding to α) [Fig. 28-29B] [0186-0195] (and the detector is further configured to detect that the piercer has come into contact with the lid, by measuring force applied to the piercer when the piercer is moving down).
For claim 9, modified Onoki teaches piercer 7 has an uppermost stop position as determined by the length of shaft 712 that moves arm 711 and piercer 7 from the uppermost stop position to penetrating into the sample accommodation container 2 [Fig. 4-6]. Onoki teaches the piezoelectric element 850 on piercer 7 take the applied force and converts is into a voltage that is output as a current to controller 500; this force can be measured and converted by controller 500 to determine when piercer 7 first makes contact with cover member 22 (corresponding to α the highest point) [Fig. 28-29B] [0186-0195] (and the detector is further configured to detect that the piercer has come into contact with the lid, by measuring force applied to the piercer when the piercer is moving down, the change being an increase).
For claim 10, modified Onoki in view of Yasui teaches relative movement distance detector which detects a relative movement distance of the sample nozzle 12a with respect to the arm 42 that drives the nozzle [Fig. 4] [0039]. Yasui teaches the preset distance is the distance the piercing nozzle 12a continues to descend after encountering lid and continue to extend past the lid into the sample container [par. 0046]. This includes the vertical dimension of the lid plus the additional distance traveled by the piercing nozzle 12a until the end of the piercing nozzle reaches the predetermined distance into the container (the first distance conforms to a sum of a vertical dimension of a bottom opening of the piercer and a vertical dimension of the lid).
For claim 11, modified Onoki in view of Yasui teaches that in combination with the detector 44, the piercing nozzle 12a can be set to descend vertically a predetermined distance in the sample container to reach the predetermined position to begin the suction operation [0046]. This includes the vertical dimension of the lid plus the additional distance traveled by the piercing nozzle 12a until the end of the piercing nozzle reaches the predetermined distance into the container (the one or more preset dimensions comprises a vertical dimension of the sample container, a vertical dimension of the lid attached to the sample container, and a vertical dimension of a bottom opening of the piercer) (wherein the first distance conforms to a sum of the vertical dimension of the lid attached to the sample container and the vertical dimension of the bottom opening of the piercer).
Yasui teaches one embodiment of the device where height sensors 50a-e can determine the height of the sample container/lid and send the data to the controller 21; in return the controller 21 translates the vertical height data to the piercing nozzle 12a and can predict when more force will need to be applied to overcome piercing the lid [Fig. 9, 0110] (the analysis control circuitry is further configured to calculate the vertical dimension of the sample container based on a second distance traveled by the piercer from an upper stop position above the lid attached to the sample container to the contact position).
For claim 17, Onoki teaches the detection of two inflection points α and β from piezoelectric element 850, wherein α specifically indicates when piercer 7 first reaches cover member 22 [Fig. 29A-B] [0190-0195] (the detector is further configured to detect contact between the piercer and the lid).
Onoki teaches controller 500 controls piercing driver 71 that drive piercer 7 downward [0054] (analysis control circuitry configured to cause the piercer to move down) from when piercer tip 7B hits the cover member 22 (corresponding to α) until it detects the piercer tip 7B is through the cover member 22 (corresponding to β) to stops piercer 7 [Fig. 28-29B] [0189-0193] (from a contact position where the piercer and the lid are in contact with each other…and stop at a penetration position where the piercer penetrates through the lid, before reaching the sample). The controller 500 additionally can determine the type of sample container/rack that will influence the subsequent processing steps (like piercer and nozzle movement) [0047, 0050-0051].
Onoki is silent to the stopping of the piercer being determined by a first distance based on information about one or more preset dimensions.
Yasui teaches a sample collection nozzle to be used with an automatic analyzer [Abstract, 0001]. Yasui teaches a piercing nozzle 12a [Fig. 1] that can pierce a cap and enter the sample container and aspirate the sample from the sample container [0033]. Yasui teaches an external force detector 44 [Fig. 2] that can detect when the piercing nozzle 12a is in contact with the lid and when it passes through the lid [0039, 0045-0046] and a controller 21 that causes the descending operation of the piercing nozzle 12a. The controller 21 moves the piercing nozzle 12a down until the external force detector 44 senses the lid; if the detection plate 43 only moves a set predetermined distance that indicates a lid is present, the controller 21 allows the piercing nozzle 12a to continue to descend to a predetermined position to begin the suction operation [0045-0046, 0050] (analysis control circuitry configured to... and stop at a penetration position where the piercer penetrates through the lid). Yasui teaches using a predetermined distance ensures the piercer is within the sample container and prevents damage to nozzle should any inconsistencies in the sample container or sample container cover/lid [par. 0012, 0013-0015]
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify processing steps of the piercer from the controller that is determined by type and force as taught by Onoki to further be determined by a predetermined/preset distance as taught by Yasui in order to ensure the piercer is within the sample container and prevent damage to nozzle should any inconsistencies in the sample container or sample container cover/lid.
For claim 18, modified Onoki teaches piercer 7 has an uppermost stop position as determined by the length of shaft 712 that moves arm 711 and piercer 7 from the uppermost stop position to penetrating into the sample accommodation container 2 [Fig. 4-6] (wherein the piercer is configured to move down from an upper stop position above the sample container). Onoki teaches the piezoelectric element 850 on piercer 7 take the applied force and converts is into a voltage that is output as a current to controller 500; this force can be measured and converted by controller 500 to determine when piercer 7 first makes contact with cover member 22 (corresponding to α) [Fig. 28-29B] [0186-0195] (and the detector is further configured to detect that the piercer has come into contact with the lid, by measuring force applied to the piercer when the piercer is moving down).
For claim 19, modified Onoki teaches piercer 7 has an uppermost stop position as determined by the length of shaft 712 that moves arm 711 and piercer 7 from the uppermost stop position to penetrating into the sample accommodation container 2 [Fig. 4-6]. Onoki teaches the piezoelectric element 850 on piercer 7 take the applied force and converts is into a voltage that is output as a current to controller 500; this force can be measured and converted by controller 500 to determine when piercer 7 first makes contact with cover member 22 (corresponding to α the highest point) [Fig. 28-29B] [0186-0195] (and the detector is further configured to detect that the piercer has come into contact with the lid, by measuring force applied to the piercer when the piercer is moving down, the change being an increase).
For claim 20, modified Onoki in view of Yasui teaches relative movement distance detector which detects a relative movement distance of the sample nozzle 12a with respect to the arm 42 that drives the nozzle [Fig. 4] [0039]. Yasui teaches the preset distance is the distance the piercing nozzle 12a continues to descend after encountering lid and continue to extend past the lid into the sample container (par. 0046). This includes the vertical dimension of the lid plus the additional distance traveled by the piercing nozzle 12a until the end of the piercing nozzle reaches the predetermined distance into the container (the first distance conforms to a sum of a vertical dimension of a bottom opening of the piercer and a vertical dimension of the lid).
For claim 21, modified Onoki in view of Yasui teaches that in combination with the detector 44, the piercing nozzle 12a can be set to descend vertically a predetermined distance in the sample container to reach the predetermined position to begin the suction operation [0046]. This includes the vertical dimension of the lid plus the additional distance traveled by the piercing nozzle 12a until the end of the piercing nozzle reaches the predetermined distance into the container (the one or more preset dimensions comprises a vertical dimension of the sample container, a vertical dimension of the lid attached to the sample container, and a vertical dimension of a bottom opening of the piercer) (wherein the first distance conforms to a sum of the vertical dimension of the lid attached to the sample container and the vertical dimension of the bottom opening of the piercer).
Yasui teaches one embodiment of the device where height sensors 50a-e can determine the height of the sample container/lid and send the data to the controller 21; in return the controller 21 translates the vertical height data to the piercing nozzle 12a and can predict when more force will need to be applied to overcome piercing the lid [Fig. 9] [0110] (the analysis control circuitry is further configured to calculate the vertical dimension of the sample container based on a second distance traveled by the piercer from an upper stop position above the lid attached to the sample container to the contact position).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kawabe (US 20210033635 A1) teaches a sampling mechanism using a perforating body and a probe (Abstract). Kawabe teaches the sampling mechanism 1 is part of a larger automatic analysis device 2 [0039-0040]. The sampling mechanism 1 comprises a composite piercer 3 and composite piercer 3 comprises a first 6 and second 7 piercer [Fig. 1A-C] [0041].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADISON T HERBERT whose telephone number is (571)270-1448. The examiner can normally be reached Monday-Friday 8:30a-5:00p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Maris Kessel can be reached at (571) 270-7698. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.T.H./Examiner, Art Unit 1758
/MARIS R KESSEL/Supervisory Patent Examiner, Art Unit 1758