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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 19 December 2025 has been entered.
Response to Amendment
This is an office action in response to Applicant’s arguments and remarks filed on 19 December 2026. Claims 1-16 are pending in the application. Claims 1-16 are being examined herein.
Status of Objections and Rejections
The interpretation of claims 8-10 under U.S.C. § 112(f) are withdrawn in view of Applicant’s amendments.
The rejection of claims 1-2 and 4-6 under U.S.C § 102(a)(1) in view of Cote, et. al. (US 20060027033 A1) are withdrawn in view of Applicant’s amendments.
The rejection of claim 3 under U.S.C § 103 in view of Cote in view of Sauer-Budge, et. al. (US 20200230592 A1) is withdrawn in view of amendments.
The rejection of claims 7-8 under U.S.C § 103 in view of Cote in view of Cronenberg, et. al. (US 6749812 B2) is withdrawn in view of amendments.
The rejection of claim 9 under U.S.C § 103 in view of Cote and Sauer-Budge, et. al. (US 20200230592 A1) in further view of LaCroix (US 7641859 B2) is withdrawn in view of amendments.
The rejection of claims 10-15 under U.S.C § 103 in view of Cote in view of LaCroix (US 7641859 B2) is withdrawn in view of amendments.
The rejection of claim 16 under U.S.C § 103 in view of Cote in view of Hintikka (US 20170001189 A1) is withdrawn in view of amendments.
Response to Arguments
Applicant’s arguments, see Remarks pages 9-11, filed 19 December 2025, with respect to the rejection(s) of claim(s) 1 under USC § 10(a)(1) in view of Cote have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Viot (US 20040028564 A1).
Applicant argues specifically that the coupling mechanism of Cote fails to disclose the engagement means being disengaged when in the inoperative position as now recited in amended claim 1 (remarks, pg. 9 – full page). Applicant points out that Cote teaches the engagement means are continuously engaged, just in different positions depending on the state of actuation and are never disengaged. Examiner respectfully agrees.
Viot teaches a coupling mechanism that teaches an engaged and disengaged form.
Applicant offers no other arguments for claims 2-16 aside form their dependence on claim 1.
Claim Objections
Claim 1 objected to because of the following informalities: Claim 1 terminates in a coma instead of a period. Appropriate correction is required.
Claim 12 objected to because of the following informalities: Claim 12 recites “the second pre-tensioning sleeve” in lines 2-3 of the claim. Examiner believes this is meant to read pre-tensioning spring and will be examined as such. Appropriate correction is required.
Claim Interpretation
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are:
“an ejector sleeve means for releasing and ejecting a pipette tip” in claim 1.
“actuating button means for actuating the ejector mechanism” in claim 1.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Viot (US 20040028564 A1).
Regarding claim 1, Viot teaches a sampling pipette with an ejector arm for removing a tip from the pipette (Abstract). Viot teaches a pipette 2 comprising a body 1 and a piston 6 configured to draw liquid into and expel from a bottom cavity (Fig. 2; par. 0024) (pipetting device for taking up and dispensing volumes of fluid). The pipette 2 (displacement mechanism) further comprises a bottom endpiece 50 with bottom clip 7 configured to releasably hold a sampling cone (tip) 9 attached by friction (Fig. 2; par. 0025) (a displacement mechanism comprising an endpiece that is configured for the releasable attaching of a pipette tip) (a pipette tip attached in a force-fitting connection to the endpiece from the pipetting device).
Viot teaches the sampling pipette further comprises a cone-ejector mechanism comprising:
an ejector rod 20 terminating in a ring 48 (ejector mechanism) and is slidably engaged with bottom endpiece 50 wherein the ring 48 comes into direct contact with cone 9 to eject the cone 9 from the pipette bottom clip 7 (Fig. 1, 10, 11; par. 0032) (an ejector mechanism having an ejector sleeve means for releasing and ejecting a pipette tip attached in a force-fitting connection to the endpiece from the pipetting device).
a control button 12 (actuating button means) wherein downward pressure of button 12 actuates an actuator 14 and a spring 20 to return the button 12 upward when downward pressure is no longer being applied to button 12 (Fig. 2; par. 0027). It is understood when no pressure is applied to the button it is in an inoperative position and when pressure is applied it is in an actuating position (an actuating button means for actuating the ejector mechanism, the actuating button being movable from an inoperative position into an actuating position).
an actuator 14 connected to button 12 at the top and female coupling portion 22 at the bottom (coupling mechanism) coupled with male portion 38 of screw 16 connected to ejector rod 20. When button 12 is has a downward pressure applied it connects with actuator 14; coupling portion 22 of actuator 14 connects to male portion 38 activating screw 16 to turn wheel 18 ultimately moving rod 20 downward to detach the cone (Fig. 1, 3, 4, 10; par. 0027-0028, 0034-0038) (a coupling mechanism interacting with both the actuating button means and the ejector mechanism).
Viot teaches when no pressure is applied to button 12, button 12 is in an upward position and not connected to actuator 14; actuator 14 is also biased upward by spring 20 resulting in the lower end of actuator 14 (female coupling portion 22) is also physically separated and disengaged from male coupling portion 38 (Fig. 2; par. 0027-0028) (the coupling mechanism being configured in such a manner that, in the inoperative position of the actuating button elements of the coupling mechanism are disengaged from each other and decoupling the actuating button from the ejector mechanism). Upon applying pressure to button 12, button 12 connects to actuator 14, actuator 14 is lowered to engage coupling portions 22, 38 connecting screw 16 to actuator 14; screw 16 is connected to wheel 18, and ejector rod 20 is connected to screw 16 through wheel 18 ultimately ejecting the sampling cone 9 (Fig. 1, 2; par. 0027-0028, 0030, 0034-0035, 0037) (and is further configured to operatively connect the actuating button to the ejector mechanism by movement of the actuating button from the inoperative position into the actuating position engaging said elements and enabling the force exerted on the actuating button to be transferred by the coupling mechanism to the ejector sleeve). Therefore, when a used applies a downward force to button 12, button 12 with interact with actuator 14, coupling portions 22 and 38, engaging rod 20 to move down the pipette 2 and eject cone 9 from the pipette (par. 0037) (wherein the ejector mechanism is configured in such a manner that, by movement of the actuating button from the inoperative position into the actuating position, the ejector sleeve is moved by the coupling mechanism relative to the endpiece into an ejection position, and a pipette tip attached to the endpiece is movable relative to the endpiece by means of the ejector sleeve to press down the pipette tip from the endpieces and eject the pipette tip from the pipetting device).
Regarding claim 2, Viot teaches when no pressure is applied to button 12, button 12 is in an upward position and not connected to actuator 14; actuator 14 is also biased upward by spring 20 resulting in the lower end of actuator 14 (female coupling portion 22) is also physically separated and disengaged from male coupling portion 38 (Fig. 2; par. 0027-0028) (in the inoperative position of the actuating button, the coupling mechanism is disengaged with the ejector mechanism). Upon applying pressure to button 12, button 12 connects to actuator 14, actuator 14 is lowered to engage coupling portions 22, 38 connecting screw 16 to actuator 14; screw 16 is connected to wheel 18, and ejector rod 20 is connected to screw 16 through wheel 18 ultimately ejecting the sampling cone 9 (Fig. 1, 2; par. 0027-0028, 0030, 0034-0035, 0037) (by movement of the actuating button into the actuating position, the coupling mechanism is engageable with the ejector mechanism). Therefore, when a used applies a downward force to button 12, button 12 with interact with actuator 14, coupling portions 22 and 38, engaging rod 20 to move down the pipette 2 and eject cone 9 from the pipette (par. 0037) (upon movement of the actuating button from the inoperative position into the actuating position, the actuating button is operatively connected to the coupling mechanism).
Regarding claim 3, Viot teaches actuator 14 comprising female coupling portion 22 (engagement means) at the bottom coupled with male portion 38 (mating engagement means) of screw 16 connected to ejector rod 20. When button 12 is has a downward pressure applied it connects with actuator 14; coupling portion 22 of actuator 14 connects to male portion 38 activating screw 16 to turn wheel 18 ultimately moving rod 20 downward to detach the cone (Fig. 1, 3, 4, 10; par. 0027-0028, 0034-0038) (wherein the coupling mechanism has an engagement means and the ejector mechanism has a mating engagement means). Viot teaches the male portion 38 inserted and locked into female portion 22 connecting the button 12 to ejector rod 20 (par. 0030) (the engagement means can be brought into… frictionally locking engagement with the mating engagement means, by means of which engagement the actuating button is coupled to the ejector mechanism). Viot teaches the coupling portions 22 and 38 are housed in the body 2 of the pipette (par. 0038) (the engagement means is guided in a housing of the pipetting device). Viot teaches applying pressure to button 12, button 12 connects to actuator 14, actuator 14 is lowered to engage coupling portions 22, 38 (Fig. 1, 2; par. 0027-0028, 0030, 0034-0035, 0037) (the engagement means is movable by means of the actuating button) (the engagement means is movably connected to the actuating button). Viot teaches couple portion 38 of screw 16 is connected to wheel 18 and ejector rod 20 ultimately ejecting the sampling cone 9 (Fig. 1, 2; par. 0027-0028, 0030, 0034-0035, 0037) (the mating engagement means is operatively connected to the ejector sleeve in such a manner that a movement of the mating engagement means brings about a movement of the ejector sleeve).
Regarding claim 5, Viot teaches ejector rod 20 that partially goes around bottom endpiece 50 and bottom end 48 of rod 20 entirely encircles endpiece 50 with free end 7 protruding below bottom end 48 (Fig. 2, 10; par. 0032) (wherein the ejector sleeve at least partially radially surrounds the endpiece and the endpiece protrudes out of the ejector sleeve through an opening in the ejector sleeve).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 4 and 6-11 are rejected under 35 U.S.C. 103 as being unpatentable over Viot (US 20040028564 A1) in view of Cronenberg, et. al. (US 6749812 B2).
Regarding claim 4, Viot teaches the use of a spring for tensioning different parts of the pipetting device (par. 0024).
Viot is silent to wherein the pipetting device has a spring for pre-tensioning the ejector sleeve, and wherein the spring exerts a pre- tensioning force on the ejector sleeve counter to an attaching direction of the pipetting device, both when the coupling mechanism is decoupled and also when the latter is coupled.
Cronenberg teaches a mechanism for automatically removing tips from a pipette nozzle (Abstract). Cronenberg teaches a nozzle 12 that holds a tip 10 at the end of the nozzle. The device further comprises an ejector sleeve 18 and a spring 24 biased to the release position (Fig. 1A; col. 4, lines 57-61) (wherein the pipetting device has a spring for pre-tensioning the ejector sleeve, and wherein the spring exerts a pre- tensioning force on the ejector sleeve counter to an attaching direction of the pipetting device). It is understood that the biasing force is applied at all times because the spring biased in the release position and when a tip is placed on the nozzle, the force works further against spring 24 (col. 5, lines 14-51) (both when the coupling mechanism is decoupled and also when the latter is coupled). Cronenberg teaches this configuration allows for the tip to securely seal to the nozzle and still allow the tip to easily be ejected (col. 5, lines 28-35).
It would have been obvious for one or ordinary skill in the art before the effective filing date of the invention to combine the ejector sleeve of Viot to further include the spring for pre-tensioning the sleeve as taught by Cronenberg. One would be motivated to make the combination because the use of the spring allows for the tip to securely seal to the nozzle and still allow the tip to easily be ejected, and this combination of adding a pre-tensioning spring to the ejector sleeve would obtain predictable results of improving the releasable connecting of the tip on the pipette. MPEP 2143(I)(A).
Regarding claim 6, Modified Viot teaches ejector rod 20 that partially goes around bottom endpiece 50 and bottom end 48 of rod 20 entirely encircles endpiece 50 with free end 7 protruding below bottom end 48 (Viot, Fig. 2, 10; par. 0032) (wherein the ejector sleeve at least partially radially surrounds the endpiece and the endpiece protrudes out of the ejector sleeve through an opening in the ejector sleeve). Modified Viot in view of Cronenberg teaches adding a spring to pre-tension the ejector sleeve/ejector rod (see claim 4 above). Modified Viot teaches free end 7 where the cone 9 is attached is protruding out further in the inoperative position (verses the ejection position) because end 7 helps secure the ring 48 to the pipette (Viot, Fig. 2; par. 0032, 0035) (wherein the pre-tensioning force of the spring is selected in such a manner that, in the inoperative position of the actuating button, the ejector sleeve remains in a basic position in which the endpiece protrudes… further out of the ejector sleeve than in the ejection position of the ejector sleeve).
Regarding claim 7, Viot teaches the limitations as applied to claim 1 (see above).
Viot is silent to wherein, in the inoperative position of the actuating button, the ejector sleeve is movable in an attaching direction of the pipetting device until in a plug-on position.
Cronenberg teaches a mechanism for automatically removing tips from a pipette nozzle (Abstract). Cronenberg teaches a nozzle 12 that holds a tip 10 at the end of the nozzle. When loading the tip onto the nozzle, the tip 10 engages with outer end 48 of ejector sleeve 18 and this pushes sleeve 18 up into housing 16 until latched. During this process, button 32 is not depressed meaning the device is not in the operative (actuating) position (Fig. 2A, 2B; col. 5, lines 14-51) (in the inoperative position of the actuating button, the ejector sleeve is movable in an attaching direction of the pipetting device until in a plug-on position). Cronenberg teaches this configuration to load and unload a pipette tip from a nozzle overcomes common problems such as using too much force to load the tip and using stored force to easily eject the tip from the nozzle (col. 2, lines 28-40).
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the ejector sleeve of Viot to have an upward moving position as taught by Cronenberg because doing so would improve the loading and unloading process of the tip with reasonable expectation of success. MPEP 2143(I)(G).
Regarding claim 8, Modified Viot teaches an ejector rod 20 with a ring 48 that encircles the free end 7 (Viot, Fig. 2; par. 0032). Modified Viot teaches free end 7 where the cone 9 is attached is protruding out (both with and without a cone attached) further in the inoperative position (verses the ejection position) because end 7 helps secure the ring 48 to the pipette (Viot, par. 0035) (when a pipette tip is attached to the endpiece and is adjacent to the ejector sleeve, the ejector sleeve remains in its plug-on position).
Modified Viot is silent to wherein the pipetting device has a pre-tensioning spring for pre-tensioning the ejector sleeve, and wherein the pre-tensioning spring exerts a pre-tensioning force on the ejector sleeve counter to an attaching direction of the pipetting device, both when the coupling mechanism is decoupled and also when the latter is coupled, and wherein the pre-tensioning force of the pre-tensioning spring is selected in such a manner that (when a pipette tip is attached to the endpiece and is adjacent to the ejector sleeve, the ejector sleeve remains in its plug-on position).
Cronenberg teaches a mechanism for automatically removing tips from a pipette nozzle (Abstract). Cronenberg teaches a nozzle 12 that holds a tip 10 at the end of the nozzle. The device further comprises an ejector sleeve 18 and a spring 24 biased to the release position (Fig. 1A; col. 4, lines 57-61) (wherein the pipetting device has a spring for pre-tensioning the ejector sleeve, and wherein the spring exerts a pre- tensioning force on the ejector sleeve counter to an attaching direction of the pipetting device). It is understood that the biasing force is applied at all times because the spring biased in the release position and when a tip is placed on the nozzle, the force works further against spring 24 (col. 5, lines 14-51) (both when the coupling mechanism is decoupled and also when the latter is coupled). Cronenberg additionally teaches upon plugging a tip 10 over nozzle 12, sleeve 18 is moved upward so that the end of nozzle 12 protrudes out below the sleeve 18 against spring 24 (Fig. 2B; col. 6, lines 23-28) (wherein the pre-tensioning force of the pre-tensioning spring is selected in such a manner that, when a pipette tip is attached to the endpiece and is adjacent to the ejector sleeve, the ejector sleeve remains in its plug-on position). Cronenberg teaches this configuration allows for the tip to securely seal to the nozzle and still allow the tip to easily be ejected (col. 5, lines 28-35).
It would have been obvious for one or ordinary skill in the art before the effective filing date of the invention to combine the ejector sleeve of Viot to further include the spring for pre-tensioning the sleeve as taught by Cronenberg. One would be motivated to make the combination because the use of the spring allows for the tip to securely seal to the nozzle and still allow the tip to easily be ejected, and this combination of adding a pre-tensioning spring to the ejector sleeve would obtain predictable results of improving the releasable connecting of the tip on the pipette. MPEP 2143(I)(A).
Regarding claim 9, Viot teaches the limitations as applied to claim 3 (see above). Viot teaches actuator 14 on which the female couple portion 22 is attached moves downward when actuated by button 12. This downward motion allows female couple portion 22 to engage with male couple portion 38 (Fig. 1, 3, 4, 10; par. 0027-0028, 0034-0038) (wherein the engagement means is engaged with or disengaged from the mating engagement means by movement at least along the longitudinal axis of the pipetting device). Viot teaches female 22 and male 38 coupling portions come together through cavity 32 (Fig. 5A; par. 0028) (wherein the pipetting device has a guide slot in which the engagement means is guided).
Viot is silent to wherein the pipetting device has a pre-tensioning spring for pre-tensioning the ejector sleeve, and wherein the pre-tensioning spring exerts a pre-tensioning force on the ejector sleeve counter to an attaching direction of the pipetting device, both when the coupling mechanism is decoupled and also when the latter is coupled, and wherein the pre-tensioning force of the pre-tensioning spring is selected in such a manner that, when a pipette tip is attached to the endpiece and is adjacent to the ejector sleeve, the ejector sleeve remains in its plug-on position.
Cronenberg teaches a mechanism for automatically removing tips from a pipette nozzle (Abstract). Cronenberg teaches a nozzle 12 that holds a tip 10 at the end of the nozzle. The device further comprises an ejector sleeve 18 and a spring 24 biased to the release position (Fig. 1A; col. 4, lines 57-61) (wherein the pipetting device has a spring for pre-tensioning the ejector sleeve, and wherein the pre-tensioning spring exerts a pre-tensioning force on the ejector sleeve counter to an attaching direction of the pipetting device). It is understood that the biasing force is applied at all times because the spring biased in the release position and when a tip is placed on the nozzle, the force works further against spring 24 (col. 5, lines 14-51) (both when the coupling mechanism is decoupled and also when the latter is coupled). Cronenberg additionally teaches upon plugging a tip 10 over nozzle 12, sleeve 18 is moved upward so that the end of nozzle 12 protrudes out below the sleeve 18 against spring 24 (Fig. 2B; col. 6, lines 23-28) (wherein the pre-tensioning force of the pre-tensioning spring is selected in such a manner that, when a pipette tip is attached to the endpiece and is adjacent to the ejector sleeve, the ejector sleeve remains in its plug-on position). Cronenberg teaches this configuration allows for the tip to securely seal to the nozzle and still allow the tip to easily be ejected (col. 5, lines 28-35).
It would have been obvious for one or ordinary skill in the art before the effective filing date of the invention to combine the ejector sleeve of Viot to further include the spring for pre-tensioning the sleeve as taught by Cronenberg. One would be motivated to make the combination because the use of the spring allows for the tip to securely seal to the nozzle and still allow the tip to easily be ejected, and this combination of adding a pre-tensioning spring to the ejector sleeve would obtain predictable results of improving the releasable connecting of the tip on the pipette. MPEP 2143(I)(A).
Regarding claim 10, Viot teaches the use of a spring for tensioning different parts of the pipetting device (par. 0024).
Viot is silent to wherein, in the inoperative position of the actuating button, the ejector sleeve is movable in an attaching direction of the pipetting device from a basic position into a plug-on position in which the ejector sleeve remains in the event of a pipette tip being attached to the endpiece and being adjacent to the ejector sleeve, wherein the pipetting device has a positioning mechanism by means of which the ejector sleeve is held in a basic position which is located between an ejection position and the plug-on position.
Cronenberg teaches a mechanism for automatically removing tips from a pipette nozzle (Abstract). Cronenberg teaches a nozzle 12 that holds a tip 10 at the end of the nozzle. When loading the tip onto the nozzle, the tip 10 engages with outer end 48 of ejector sleeve 18 and this pushes sleeve 18 up into housing 16 until latched. During this process, button 32 is not depressed meaning the device is not in the operative (actuating) position (Fig. 2A, 2B; col. 5, lines 14-51) (wherein, in the inoperative position of the actuating button, the ejector sleeve is movable in an attaching direction of the pipetting device from a basic position into a plug-on position in which the ejector sleeve remains in the event of a pipette tip being attached to the endpiece and being adjacent to the ejector sleeve). It is understood when no tip 10 is pushing on outer end 48 of sleeve 18, the sleeve remains in a basic position in which no external force (from a tip or from a finger actuating the device) is applied to the sleeve 18. Cronenberg teaches this configuration to load and unload a pipette tip from a nozzle overcomes common problems such as using too much force to load the tip and using stored force to easily eject the tip from the nozzle (col. 2, lines 28-40).
Cronenberg teaches the device further comprises a spring 24 and spring 20 biased to the release position acting on ejector sleeve 18 to move the ejector sleeve and nozzle through its various positions (Fig. 2A-C; col. 4, lines 57-61; col. 6, lines 23-47) (wherein the pipetting device has a positioning mechanism by means of which the ejector sleeve is held in a basic position which is located between an ejection position and the plug-on position). It is understood that the biasing force is applied at all times and only allows sleeve 18 to move when a force from a tip or from a finger actuating the device) is applies to the sleeve 18 (col. 5, lines 14-51; col. 6, lines 23-28). Cronenberg teaches this configuration allows for the tip to securely seal to the nozzle and still allow the tip to easily be ejected (col. 5, lines 28-35).
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the ejector sleeve of Viot to have an upward moving position as taught by Cronenberg because doing so would improve the loading and unloading process of the tip with reasonable expectation of success. MPEP 2143(I)(G). It additionally would have been obvious for one or ordinary skill in the art before the effective filing date of the invention to combine the ejector sleeve of Viot to further include the spring for pre-tensioning the sleeve as taught by Cronenberg. One would be motivated to make the combination because the use of the spring allows for the tip to securely seal to the nozzle and still allow the tip to easily be ejected, and this combination of adding a pre-tensioning spring to the ejector sleeve would obtain predictable results of improving the releasable connecting of the tip on the pipette. MPEP 2143(I)(A).
Regarding claim 11, modified Viot in view of Cronenberg teaches spring 24 attached at one end to ejector sleeve 18 and at another end to an angled surface 64 of the pipette (Cronenberg, Fig. 2A-C). Cronenberg teaches spring 24 is responsible for positioning of the sleeve through all positions, including when no tip 10 is applied and not actuating force is applied, through applying a force to sleeve 18 (Cronenberg, 2A; col. 6, lines 23-47), and because the tip application works against the force of spring 24, spring 24 is biased in a direction counter to the attaching direction (wherein the positioning mechanism has a first pre-tensioning spring, and wherein the first pre-tensioning spring exerts a pre-tensioning force on the ejector sleeve counter to the attaching direction of the pipetting device).
Claims 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Viot (US 20040028564 A1) in view of Cronenberg, et. al. (US 6749812 B2) as applied to claim 11 above, and further in view of Cote (US 7641859 B2).
Regarding claim 12, modified Viot in view of Cronenberg teaches spring 20 connected to shoulder 22 of nozzle 12 (Cronenberg, Fig. 2A-C; col. 6, lines 29-64) (wherein the positioning mechanism has a second pre-tensioning spring, and wherein the second pre-tensioning spring is fastened… at another end to the pipetting device).
Modified Viot is silent to wherein the second pre-tensioning sleeve is fastened at one end to the ejector sleeve, and holds the ejector means in the basic position.
Cote teaches a pipette tip ejection mechanism within a pipette that comprises springs 46, 62 (pre-tensioning springs), a sleeve 44 (ejector sleeve), and a collar 60 (ejector mechanism) that surrounds the cylinder that holds the pipette tip (col. 4, lines 15-23). Cote teaches spring 62, attached to a shoulder 64 of sleeve 44 and the end collar 60, applying pressure to the collar 60 through shoulder 64 of sleeve 44 (Fig. 3; col. 3, lines 19-26) (wherein the second pre-tensioning sleeve is fastened at one end to the ejector sleeve). Cote teaches spring 62 helps to move and return elements to their respective positions through all steps of a tip being on or off of the pipette (Fig. 8-11; col 3, line 46 - col. 4, line 39) (holds the ejector means in the basic position). Cote teaches this embodiment of springs acting with the ejection sleeve and collar operates to engage and disengage tips with a modest force that is ergonomically friendly (col. 1, line 66 - col. 2, line 5; col. 4, lines 35-39).
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the second spring of modified Viot (in view of Cronenberg) to apply a force to the ejector sleeve as taught by Cote because doing so would provide an engagement ability that can be actuated with modest force that allows the device to remain ergonomically friendly with reasonable expectation of success. MPEP 2143(I)(G).
Regarding claim 13, modified Viot in view of Cronenberg teaches spring 20 connected to shoulder 22 of nozzle 12 (Cronenberg, Fig. 2A-C; col. 6, lines 29-64) (wherein the positioning mechanism has a second pre-tensioning spring). Modified Viot in view of Cronenberg teaches spring 24 exerts a force on sleeve 18 in a counter attaching direction as understood because the tip application works against the force of spring 24; therefore, spring 24 is biased in a direction counter to the attaching direction (Cronenberg, 2A; col. 6, lines 23-47) (first pre-tensioning spring of the positioning mechanism exerts a pre-tensioning force on the ejector sleeve). Modified Viot teaches return spring 20 configured to indirectly apply pressure to ejector rod 20 through actuator 14 by raising actuator 14, because actuator 14 is raised by return spring 20, it is understood that the force of the spring is applied in an attaching direction (Viot, Fig. 2; par. 0027) (wherein the second pre-tensioning spring exerts a pre-tensioning force… in the attaching direction of the pipetting device opposite the direction in which the first pre-tensioning spring).
Modified Viot is silent to wherein the second pre-tensioning spring exerts a pre-tensioning force on the ejector sleeve.
Cote teaches a pipette tip ejection mechanism within a pipette that comprises springs 46, 62 (pre-tensioning springs), a sleeve 44 (ejector sleeve), and a collar 60 (ejector mechanism) that surrounds the cylinder that holds the pipette tip (col. 4, lines 15-23). Cote teaches spring 62, attached to a shoulder 64 of sleeve 44 and the end collar 60 (Fig. 3; col. 3, lines 19-26) (wherein the second pre-tensioning spring exerts a pre-tensioning force on the ejector sleeve). Cote teaches this embodiment of springs acting with the ejection sleeve and collar operates to engage and disengage tips with a modest force that is ergonomically friendly (col. 1, line 66 - col. 2, line 5; col. 4, lines 35-39).
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the second spring of modified Viot (in view of Cronenberg) to apply a force to the ejector sleeve as taught by Cote because doing so would provide an engagement ability that can be actuated with modest force that allows the device to remain ergonomically friendly with reasonable expectation of success. MPEP 2143(I)(G).
Regarding claim 14, Modified Viot teaches the limitations as applied to claim 13 (see above).
Modified Viot in view of Cronenberg teaches spring 24 attached at one end to ejector sleeve 18 and at another end to an angled surface 64 of the pipette (Cronenberg, Fig. 2A-C). Cronenberg teaches spring 24 is responsible for positioning of the sleeve through all positions, including when no tip 10 is applied and not actuating force is applied, through applying a force to sleeve 18 (Cronenberg, 2A; col. 6, lines 23-47), and because the tip application works against the force of spring 24, spring 24 is biased in a direction counter to the attaching direction (wherein the first pre-tensioning spring pushes the ejector sleeve… counter to the attaching direction of the pipetting device and holds the ejector sleeve in the basic position).
Modified Viot is silent to wherein the positioning mechanism has a flange element which is seated movably on the displacement mechanism between a first stop on the displacement mechanism and the second pre-tensioning spring, wherein the second pre-tensioning spring pushes the flange element against the first stop, wherein the ejector sleeve has a second stop which, when the ejector sleeve moves counter to the attaching direction of the pipetting device, abuts against the flange element and, during a further movement of the ejector sleeve, entrains the flange element counter to the action of the pre-tensioning force of the second pre-tensioning spring in a manner moving away from the first stop, and wherein the first pre-tensioning spring pushes the ejector sleeve against the flange element.
Cote teaches springs 46, 62 (pre-tensioning springs), a sleeve 44 (ejector sleeve), and a collar 60 (ejector mechanism) that surrounds the cylinder that holds the pipette tip (Cote, col. 4, lines 15-23). Cote teaches sleeve 44 further comprises an end 56 in the shape of a ledge, the ledge moveable between the corresponding ledge of collar 60 and shoulder 32 (Cote, Fig. 8-11; col. 3, lines 15-18) (wherein the positioning mechanism has a flange element which is seated movably on the displacement mechanism between a first stop on the displacement mechanism and the second pre-tensioning spring). Cote teaches spring 62 sleeve 44 upwards to that end 56 hits the uppermost position against collar 60 this is understood because in Figure 10, spring 62 is in its most compressed state during tip mounting, and therefore, when no tip is being loaded, collar 60 and end 56 are pressed together (Fig. 8, 10; col. 3, line 67 - col. 4, line 2) (wherein the second pre-tensioning spring pushes the flange element against the first stop). Cote teaches spring 62 pushes collar 60 and end 56 towards one another or away from one another in the process of inserting a tip wherein end 56 moves downward and spring 62 compresses upward (Fig. 8, 10; col. 3, line 67 - col. 4, line 2; col. 3, lines 19-24) (wherein the second pre-tensioning spring pushes the flange element against the first stop). Cotes teaches insert 54 of sleeve 44 moves downward until end 56 hits the lowest most point where end 56 abuts shoulder 32 (Fig. 11) (wherein the ejector sleeve has a second stop which, when the ejector sleeve moves counter to the attaching direction of the pipetting device, abuts against the flange element and, during a further movement of the ejector sleeve, entrains the flange element counter to the action of the pre-tensioning force of the second pre-tensioning spring in a manner moving away from the first stop).Cote teaches these elements, the springs, the shoulders/flange elements, sleeve, and collar all work together to engage and disengage tips with a modest force that is ergonomically friendly (col. 1, line 66 - col. 2, line 5; col. 4, lines 35-39).
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the second spring of modified Viot (in view of Cronenberg) to apply a force to the ejector sleeve as taught by Cote because doing so would provide an engagement ability that can be actuated with modest force that allows the device to remain ergonomically friendly with reasonable expectation of success. MPEP 2143(I)(G).
Regarding claim 15, modified Viot teaches return spring 20 configured to indirectly apply pressure to ejector rod 20 through actuator 14 by raising actuator 14, because actuator 14 is raised by return spring 20, it is understood that the force of the return spring moves rod 20 and actuator 14 back to a non-actuated and no tip loaded position (Viot, Fig. 2; par. 0027) (wherein, when the actuating button is shifted from the actuating position into the inoperative position, the ejector sleeve is moved into its basic position by the pre-tensioning force of the second pre-tensioning spring).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Viot (US 20040028564 A1) in view of Hintikka (US 20170001189 A1).
Regarding claim 16, Viot teaches an inoperative position (no pressure applied to button 12) and an actuating position (pressure applied to button 12 to completely depress it).
Viot is silent to wherein the actuating button has a step-down mechanism for the actuation from the inoperative position into an actuating position.
Hintikka teaches a pipette with a tip removal mechanism (Abstract). The tip removal mechanism starts with a tip removal button (actuator) (Fig. 1, part 4) in the shape of a lever rotatably attached to a center (the circular feature attached to lever 4 Fig. 1 and 2). When the tip removal button is not fully depressed, the leg (Fig 2, part 7) is locked into place through a tooth locking mechanism (Fig. 1, part 5) until enough force is imparted on the ejector button to rotate the leg off the locking mechanism (par. 0050) (the actuating button has a step-down mechanism for the actuation from the inoperative position into an actuating position). Hintikka teaches this provides ergonomic benefits to the pipette (par. 0013).
It would have been obvious to one skilled in the art before the effective filing date of the invention to substitute the actuation button setup and thus how actuation occurs in the pipetting device as taught by Viot through substituting the button ejection actuator for the lever-like ejection actuator with a rotational leg as taught by Hintikka. One would be motivated to make the substitution because it would provide ergonomic benefits, and this substitution of one type of actuation mechanism that uses a button for another type of actuation mechanism that uses a lever and rotational leg for performing the same task to obtain predictable results of improving the ergonomic structure of the pipette. MPEP § 2143(I)(B).
Conclusion
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/M.T.H./Examiner, Art Unit 1758
/SAMUEL P SIEFKE/Primary Examiner, Art Unit 1758
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