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 .
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.
Response to Arguments
In view of the Appeal Brief filed on February 6, 2026, PROSECUTION IS HEREBY REOPENED. New grounds of rejection are set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
/RICKY L MACK/Supervisory Patent Examiner,
Art Unit 2872
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 1, 3-6, 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Miyake et al. (US 2014/0051156 - Miyake; of record) in view of Kiyota et al. (US 2009/0075365- Kiyota).
As to claim 1, Miyake teaches a microscope system (Miyake Fig. 11), comprising:
an enclosed sample chamber (Miyake Fig. 11 - SP2, 5; para. [0109] - a specimen housing space SP2 of the imaging unit 61) configured to receive a sample carrier (Miyake Fig. 11 - M; para. [0107], [0109] - loading the microplate M into the specimen housing space SP2) in an examining position in which a sample arranged on the sample carrier is microscopically examinable (Miyake Fig. 11 - SP2, 5, 61; para. [0109] - a specimen housing space SP2 of the imaging unit 61);
an enclosed incubation chamber (Miyake Fig. 11 - SP5, 62; para. [0106] - an internal space SP5 of the plate stocker 62 is maintained in an atmosphere and a temperature/humidity environment suitable for culturing cells) that is separated from the sample chamber (Miyake Fig. 11 - incubation chamber (SP5, 62) separated from sample chamber (61, SP2) and configured to receive the sample carrier in at least one storing position (Miyake Fig. 11 - M; para. [0106] - a plurality of microplates M may be stored in a state separated from each other); and
a sample carrier transfer unit (Miyake Fig. 11 - 630; para. [0107]) comprising an enclosed transfer chamber (Miyake Fig. 11 - 63) that is connected to the sample chamber by a first opening (Miyake Fig. 11 - 65; para. [0109] - an opening is also formed in a partition wall between the imaging unit 61 and the specimen transfer chamber (63) and a shutter member (65) capable of opening and closing the opening), and to the incubation chamber by a second opening (Miyake Fig. 11 - 64; para. [0108] - opening is formed in a partition wall between the plate stocker (62) and the specimen transfer chamber (63), and a shutter member (64) capable of opening and closing the opening is provided to cover the opening), and a sample carrier handling device (Miyake Fig. 11 - 630; para. [0107]) arranged within the transfer chamber (Miyake Fig. 11 - 630, 62) and configured to move the sample carrier between the storing position and the examination position (Miyake Fig. 11 - 630, 633, 634; para. [0107]);
the sample carrier handling device comprises an arm (Miyake Fig. 11 - 633, 634; para. [0107]) for engaging with the sample carrier (Miyake Fig. 11 - 633, 634, M; para. [0108] - specimen holding stage (634) moves into the internal space (SP5) of the plate stocker (62) from the specimen transfer chamber (63) through the opening between the both and unloads one of the microplates (M) stored in the plate stocker (62)) and a guide rail (Miyake Fig. 11 - 632) for moving the arm along the vertical direction (Miyake Fig. 11 - 632, vertical arrows; para. [0107] - a column member (632) standing movably in a horizontal direction relative to a base (631) fixed in the specimen transfer chamber (63), and a slide stage (633) is attached to this column member (632) movably in a vertical direction), so that the arm is capable of extending into the incubation chamber and the sample chamber, respectively (Miyake Fig. 11 - 634, SP5, SP2; para. [0108] - specimen holding stage 634 moves into the internal space SP5; para. [0109] - specimen holding stage (634) moves into the specimen housing space (SP2)) in order to move the sample carrier between the storing position and the examination position (Miyake Fig. 11- M, 62, SP5, 61, SP2; para. [0107], [0109]).
PNG
media_image1.png
578
745
media_image1.png
Greyscale
PNG
media_image2.png
464
729
media_image2.png
Greyscale
Miyake does not stack the sample chamber (61, SP2) and incubation chamber (62, SP5) vertically.
In the same field of endeavor Kiyota teaches a microscope system with incubation chamber (Kiyota Fig. 1 - 13, 11; para. [0027]) and sample chamber (Kiyota Fig. 1 - 17, 37; para. [0031]; Fig. 2 - 39, 37; para. [0031]), wherein the sample chamber and the incubation chamber are stacked in a vertical direction with respect to each other (Kiyota Fig. 1 - 13, 11, 11a, 39, 37; para. [0009] - The culture device according to a fourth aspect of the invention is characterized in that the observation portion is provided at a lower portion of the thermostatic vessel; para. [0045] - According to the above-described culture device, the observation portion 37 is arranged on the lower side of the bottom face 11a of the thermostatic vessel 11 to be isolated from the atmosphere at inside of the thermostatic vessel 11, and therefore, a thermal influence of the observation portion 37 to inside of the thermostatic vessel 11 can be reduced) and a carrier device with an arm and guide rail for vertically moving the arm to extend into a sample chamber and incubation chamber (Kiyota Fig. 1 - 27, 29, 33; para. [0030]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide the sample chamber and incubation chamber stacked vertically since, as taught by Kiyota, such verticality allows for reducing the thermal influence of the sample chamber (microscope) on the incubation chamber (Kiyota para. [0045]).
Additionally, such feature represents a rearrangement of parts (e.g. horizontal orientation to vertical orientation) of Miyake. It would have been obvious to one of ordinary skill in the art at the time of invention to rearrange the chambers, since it has been held that a mere rearrangement of elements without modification of the operation of the device only involves routine skill in the art. In re Japikse 86 USPQ 70 (CCPA 1950). As discussed by Kiyota, such verticality reduces thermal influence on the incubation chamber.
PNG
media_image3.png
610
773
media_image3.png
Greyscale
As to claim 3, Miyake in view of Kiyota teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Miyake further teaches the arm comprises an engaging portion (Miyake Fig. 11 - 634) configured to engage and disengage an adapter portion (Miyake Fig. 11 - 634, M; para. [0108]; Fig. 2A - M, M3) of the sample carrier in order to move the sample carrier (Miyake Fig. 11 - 634, M; para. [0108]).
As to claim 4, Miyake in view of Kiyota teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Miyake further teaches the arm is configured to extend and retract along at least one direction (Miyake Fig. 11 - 633, 634; para. [0107]).
As to claim 5, Miyake in view of Kiyota teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Miyake further teaches the transfer chamber comprises sterilization means configured to disinfect and/or sterilize the microscope system including the sample carrier handling device and inside the transfer chamber (Miyake para. [0111]).
As to claim 6, Miyake in view of Kiyota teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Miyake further teaches the first opening and/or the second opening comprise an automatic door comprising a sliding door (Miyake Fig. 11 - 64, 65).
As to claim 12, Miyake in view of Kiyota teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Miyake further teaches the microscope system further comprises a microscope stage (Miyake Fig. 6 - 111; Fig. 11 - M, 634, SP2) arranged below the sample chamber having a receiving portion configured to receive the sample carrier and defining the examining position (Miyake Fig. 6 - 111; Fig. 11 - M, 634, SP2).
As to claim 13, Miyake in view of Kiyota teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Miyake further teaches the sample chamber, the incubation chamber, and/or the transfer chamber contain an incubation atmosphere, a sterile atmosphere, and/or a semi sterile atmosphere (Miyake para. [0106], [0111]-[0112]).
As to claim 14, Miyake in view of Kiyota teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Miyake further teaches the microscope system comprises a box-type microscope housing defining the sample chamber (Miyake Fig. 6 - 31, 100; Fig. 11 - 61), the microscope housing having a door configured to provide access to the sample chamber (Miyake Fig. 6 - 312; Fig. 11 - 65).
As to claim 15, Miyake in view of Kiyota teaches all the limitations of the instant invention as detailed above with respect to claim 14, and Miyake further teaches the microscope housing further defines the incubation chamber and the transfer chamber (Miyake Fig. 11 - 6, 62, 63, 61), and wherein the microscope housing has a second door configured to provide access to the incubation chamber (Miyake Fig. 11 - 64).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Miyake in view of Kiyota as applied to claim 1 above, and further in view of Hibino et al. (US 2008/0090288 - Hibino).
As to claim 7, Miyake in view of Kiyota teaches all the limitations of the instant invention as detailed above with respect to claim 14, but doesn’t specify teach the microscope system further comprising: a first fan assembly configured to blow atmosphere into the sample chamber through at least one third opening of the sample chamber, and at least one fourth opening of the sample chamber, wherein the at least one third opening and the at least one fourth opening are arranged on opposite sides of the sample chamber comprising a top side and a bottom side of the sample chamber.
In the same field of endeavor Hibino teaches a microscopy system (Hibino Fig. 10) with a sample chamber (Hibino Fig. 10 - S2; para. [0058]) with a first fan assembly (Hibino Fig. 10 - 141; para. [0108]) configured to blow atmosphere into the sample chamber through at least one third opening of the sample chamber and at least one fourth opening of the sample chamber (Hibino Fig. 10 - 132, 138, 143, 142; para. [0108}, wherein the at least one third opening and the at least one fourth opening are arranged on opposite sides of the sample chamber in a top side and bottom side of the sample chamber (Hibino Fig. 10 - 132, 138, 143, 142; para. [0108]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide such fan and openings since, as taught by Hibino, such elements allow for pulling in and exhausting air into the microscope chamber (Hibino para. [0108]).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Miyake in view of Kiyota, Hibino as applied to claim 7 above, and further in view of Murray et al. (US 2008/0213873 - Murray).
As to claim 8, Miyake in view of Kiyota, Hibino teaches all the limitations of the instant invention as detailed above with respect to claim 7, but doesn’t specify the first fan assembly along with the third and fourth openings create a laminar flow. In the same field of endeavor Murray teaches a microscope system with a fan to create laminar flow (Murray Fig. 1 - 11, 10, 17; para. [0020], [0030], [0035], [0041]). It would have been obvious to one of ordinary skill in the art before the effective filing date to create laminar flow since, as taught by Murray, such laminar flow allows for constraining the air inside the chamber (Murray para. [0020]).
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Miyake, Kiyota, Hibino as applied to claim 7 above, and further in view of Kawasaki et al. (US 2023/0132065- Kawasaki).
As to claim 9, Miyake in view of Kiyota, Hibino teaches all the limitations of the instant invention as detailed above with respect to claim 7, but doesn’t specify a second fan assembly configured to blow atmosphere into the incubation chamber through at least one fifth opening of the incubation chamber, and at least one sixth opening of the incubation chamber, wherein the at least one fifth opening and the at least one sixth opening are arranged on opposite sides of the incubation chamber comprising a top side and a bottom side of the incubation chamber.
In the same field of endeavor Kawasaki teaches an incubation chamber (Kawasaki Fig. 1) with a fan assembly (Kawasaki Fig. 1 - 30; para. [0062]) configured to blow atmosphere into the incubation chamber through at least one fifth opening of the incubation chamber (Kawasaki Fig. 1 - 21, 30, 36; para. [0064]), and at least one sixth opening of the incubation chamber (Kawasaki Fig. 1 - 35; para. [0064]), wherein the at least one fifth opening and the at least one sixth opening are arranged on opposite sides of the incubation chamber comprising a top side and a bottom side of the incubation chamber (Kawasaki Fig. 1 - 36, 35).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide such fan and openings since, as taught by Kawasaki, such elements are well known in the art for the purpose of providing an air circulation system for decontamination (Kawasaki para. [0001]).
As to claim 10, Miyake in view of Kiyota, Hibino, Kawasaki teaches all the limitations of the instant invention as detailed above with respect to claim 9, and Kawasaki teaches the second fan assembly, the fifth opening, and sixth opening are configured to generate a laminar flow inside the incubation chamber (Kawasaki Fig. 1 - 36, 34, 35, para. [0068]).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Miyake and Kiyota as applied to claim 1 above, and further in view of Haguet et al. (US 2012/0142086; of record).
As to claim 11, Miyake in view of Kiyota teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Miyake further teaches a sample condition determination unit (Miyake Fig. 1 - 15) wherein the control unit determines the condition of one or more samples placed in the sample carrier (Miyake para. [0036]), but doesn’t specify an image acquisition unit arranged inside the incubation chamber.
In the same field of endeavor Haguet teaches a microscope system with incubation chamber and an imaging device in the incubation chamber (Haguet Fig. 1 - 6, 14; para. [0046]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide an image acquisition unit since, as taught by Miyake, such cameras are well known in the art for the purposes of checking on samples without interfering the incubation chamber (Haguet [0044] and [0046]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Kiyota (US 9,562,215; 2010/0328434); Kiyota et al. (US 9,376,657; 2009/0075365); Farber et al. (US 4,720,463); Sawamura et al. (US 4,090,921); Mimura et al. (US 2012/0122143); Kiyota (US 2011/0070631); Nakamura et al. (US 2009/0029450); Nakamura (JP 2009-136233); Nakamura et al. (JP 2007-209256) are cited as additional examples of vertical sample/incubation chambers and/or additional aspects of the instant invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY W WILKES whose telephone number is (571)270-7540. The examiner can normally be reached M-F 8-4 (Pacific).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Mack can be reached at 571-272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ZACHARY W WILKES/Primary Examiner, Art Unit 2872 June 8, 2026
Prosecution Insights