Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 11,14-17,21,24-26, 28,45-46 and 49 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. Claim 11 requires, “a first boss is arranged at a lower part of the reagent card”. Is the first boss part of the detection result reading device is a part of the reagent card; i.e. a reagent card having a lower surface with a first boss thereon? For examination the first boss will be interpreted as part of the detection result reading device and is arranged on the underside or lower part of the reagent card.
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.
Claims 11, 14-17, 21, 24-26, 28, 45-46 and 49 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Battrell et al. (US 2012/0115214).
Regarding claim 11, Battrell discloses a detection result reading device (fig. 1-8), comprising a reading device body and a reagent card (While claim 11 has now been amended to recite a reagent card, the reagent card is positively recite but the functions of inserting and intended use of the reagent card do not further structurally limit the instant claim as the reagent card can be inserted into the reading device body at a later time),
the detection result reading device being provided with a cavity (opening 103 where reagent card 200 is inserted, and is placed as shown in fig. 3a within a tray like chassis 301 with floating docking bay 103/300 fig. 6a) at least capable of accommodating a detection part of a reagent card (The reagent card can be inserted into the cavity at a later time. While claim 11 has now been amended to recite a reagent card, the reagent card is positively recite but the functions of inserting and intended use of the reagent card do not further structurally limit the instant claim), and an upper wall (cavity of 301 has upper wall at the optical scanning device 311) of the cavity being provided with a detection result acquisition device (optical scanning device 311) matched with the reagent card (see fig. 3a),
a first boss is arranged at a lower part of the reagent card (is the first boss part of the detection result reading device is a part of the reagent card? For examination the first boss will be interpreted as part of the detection result reading device. See fig. 6a-8a, tray like chassis 301 is provided at a lower part of the reagent card see fig. 6a, underside of 301 is connected to the lower portion of reagent card), a lower wall of the cavity is internally provided with an elastic component (609 and 610 are elastic components that extend from a lower wall of the cavity as seen in fig. 6a.) an end part of the elastic component protrudes out of a surface of the cavity by a predetermined height (See fig. 6a-8, The floating stage assembly 300 comprises four vertical posts 601,602,603,604 and are each fitted with coil springs (elastically component) as seen in 7 that extend from the elastic components 609,610), and the end part of the elastic component is abutted against the lower part of the reagent card (609 and 610 abut the lower portion of the reagent card as seen in fig. 6a), and the detection part of the reagent card is driven by the boss and the elastic component to be lifted up by a preset height towards the detection result acquisition device (this limitation is drawn to a process or intended use step and only functions when a reagent card is inserted into the cavity; Batrell is structurally capable of performing this function as the reagent card is capable of being inserted into the cavity and moved to the detection result acquisition device to allow the results of reagent card to be detected).
Regarding claim 14, the detection result reading device according to claim 11, wherein the detection part of the reagent card is lower than other parts of the reagent card in height the detection result acquisition device at least partially protrudes out of the upper wall of the cavity (fig. 3, ref. 311 is seen protruding out of the upper wall of the cavity), and an outer contour (upper portion of 311), which is higher than the upper wall of the cavity, of the detection result acquisition device is less than an inner contour of a concave part of the detection part of the reagent card (see fig. 3a).
Regarding claim 15, the detection result reading device according to claim 11, wherein the detection part of the reagent card is provided with a concave detection window (the reagent card is not positively recited in claim 11 and is not being treated within the claims), a convex structure (see fig. 14a, 1330 lens) of the detection result acquisition device (311) is matched with the concave detection window of the detection card in shape, the detection result acquisition device corresponding to an inner wall of the cavity is designed to sink, and when the reagent card is inserted to reach a detection position, the reagent card is attached closely to the detection part after the detection part is sunk, under an action of at least one of the elastic component or the boss of the reagent card (this limitation is drawn to a process or intended use step and only functions when a reagent card is inserted into the cavity);.
Regarding claim 16, the detection result reading device according to claim 11, wherein a height of the cavity is greater than a height of the reagent card (see fig. 3a), and a height between the detection result acquisition device and the lower wall of the cavity is at least equal to the height of the reagent card (fig. 3a).
Regarding claim 17, the detection result reading device according to claim 11, wherein the lower wall of the cavity comprises a flat-bottom slideway and a lifting slope arranged at a tail end of the flat-bottom slideway, and the lifting slope corresponds to an end part of the reagent card and is used for assisting in lifting the end part of the reagent card and limiting the end part of the reagent card.
Regarding claim 21, the detection result reading device according to claim 11, wherein the elastic component is a torsion spring (see fig. 7), an elastic piece, a cam, a cantilever or other physical structures with a lifting function.
Regarding claim 24, the detection result reading device according to claim 21, wherein the elastic component is a lever (components 610/609 interact with upper structure 515 to clamp the reagent card with the compression of springs as seen in fig. 7), the lever is pivoted in the lower wall (610/609) of the cavity, a rotating shaft (fig. 8b, 810 shaft) of the lever is not higher than the lower wall of the cavity, an end part of each of two rotating arms of the lever upwards protrudes by a predetermined height by taking the rotating shaft as a reference (see fig. 8a), and a protrusion height of an inner end part of the lever is greater than a protrusion height of an outer end part of the lever (fig. 8a-8b); and when the reagent card slides into and abuts against the inner end part of the lever, the inner end part of the lever and the end part of the reagent card, and the outer end part of the lever and the lower part of the reagent card form upper and lower position-limiting respectively; and the detection result acquisition device and the detection part of the reagent card, and the inner end part of the lever and the end part of the reagent card form in-out movement position-limiting respectively (this limitation is directed to intended use/process limitation that does not further impart a structure in the instant claim).
Regarding claim 25, the detection result reading device according to claim 24, wherein a second boss (fig. 8a, 330) is arranged at the outer end part of the lever (fig. 7, ref. 515), a lifting slope is arranged at the inner end part of the lever (see fig. 7 slope between 515 and 609 respectively), a groove is formed in a portion (see fig. 515 grooved formed on the underside), corresponding to the lever, of the lower wall of the cavity, the rotating shaft of the lever is arranged in the groove (see fig. 8a), and one of the two rotating arms of the lever enters the groove when the one of the rotating arms selectively rotates to an extreme position; and when the reagent card slides into the cavity and reaches the outer end part of the lever, the second boss of the lever is arranged in the groove and is not higher than the lower wall of the cavity (see fig. 8b), and when the reagent card continues to slide into and abut against the lifting slope of the lever, the boss of the reagent card is capable of bearing a force to be lifted up and abut against the lower part of the reagent card.
Regarding claim 26 the detection result reading device according to claim 25, wherein when the reagent card slides into and abuts against the inner end part of the lever, the lifting slope of the lever and the end part of the reagent card, and the boss of the lever and the lower part of the reagent card form upper and lower position-limiting respectively; and the detection result acquisition device and the detection part of the reagent card, and the lifting slope of the lever and the end part of the reagent card form in-out movement position-limiting respectively (this limitation is directed to intended use/process limitation that does not further impart a structure in the instant claim).
Regarding claim 28, the detection result reading device according to claim 21, wherein the elastic component is an elastic lifting plate (the platform 300 as shown in fig. 7), a boss is arranged the lower part of the reagent card which is corresponding to the detection part (the reagent card is not positively recited in the instant device and can be inserted into the detection device at a later time), a notch that is configured for enabling the elastic lifting plate to axially slide is formed in a lower wall of the cavity opening (notch seen between structures 609 and 610); when a top of the elastic lifting plate does not bear a force, a height between an end part of the elastic lifting plate and the detection result acquisition device is equal to a height of the reagent card (see fig. 3a); when the boss of the reagent card slides into the cavity opening, the end part of the elastic lifting plate abuts against the boss of the reagent card and is pressed to sink, and the detection part of the reagent card is driven by the boss and the elastic component to be lifted up to a preset height towards the detection result acquisition device respectively (this limitation is directed to intended use/process limitation that does not further impart a structure in the instant claim).
Regarding claim 45, the detection result reading device according to claim 24 wherein a lever bottom lifting block is arranged at the outer end part of the lever (components 610/609 interact with upper structure 515 to clamp the reagent card with the compression of springs as seen in fig. 7), a lever end part slope is arranged at the inner end part of the lever, a groove is formed in a portion, corresponding to the lever, of the lower wall of the cavity (See fig. 4a, 7), the fixed shaft of the lever of the lever is arranged in the groove (fig. 8a-8b), and one of the two rotating arms of the lever enter the groove when the one of the two rotating arms selectively rotates to an extreme position; and when the reagent card slides into the cavity and reaches the outer end part of the lever, the bottom lifting block of the lever is arranged in the groove and is not higher than the lower wall of the cavity, and when the reagent card continues to slide into and abut against the lever end part slope of the lever, the boss of the reagent card is capable of bearing a force to be lifted up and abut against the lower part of the reagent card (this limitation is directed to intended use/process limitation that does not further impart a structure in the instant claim).
Regarding claim 46, the detection result reading device according to claim 45, wherein when the reagent card slides into and abuts against the inner end part of the lever, the lever end part slope of the lever and the end part of the reagent card, and the lever bottom lifting block of the lever and the lower part of the reagent card form upper and lower position-limiting respectively, and the detection result acquisition device and the detection part of the reagent card, and the lever end part slope of the lever and the end part of the reagent card form in-out movement position- limiting respectively (this limitation is directed to intended use/process limitation that does not further impart a structure in the instant claim).
Regarding claim 49, the detection result reading device according to claim 28, wherein the elastic lifting plate comprises a bottom plate of the lifting plate elastic device, lifting plate springs and a lifting plate (fig. 6a-6b), the bottom plate of the lifting plate elastic device is assembled at a bottom of the detection result reading device, and each of the lifting plate springs is supported between the bottom plate of the lifting plate elastic device and the lifting plate; and a surface of the lifting plate comprises a lifting slope and a plane (See fig. 7-8b).
Response to Arguments
Applicant's arguments filed 5/6/26 have been fully considered but they are not persuasive. Claim 11 has been amended and the rejection over Battrell has been adjusted. The arguments are moot in view of the new interpretation of Battrell. The end part of the elastic component is abutted against the lower part of the reagent card. Structures 609 and 610 are interpreted as the elastic components that abuts the lower part of the reagent card as seen in fig. 6a. A first boss (301) of the reading device body is arranged at a lower part of the reagent card as seen in fig. 6a.
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 SAMUEL P SIEFKE whose telephone number is (571)272-1262. The examiner can normally be reached Monday-Friday 8-5.
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/SAMUEL P SIEFKE/Primary Examiner, Art Unit 1758
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