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 .
Summary
This action is responsive to the amendments, arguments, and remarks filed on 02/07/2026. The amendment has been entered. Applicant has submitted Claims 1, 9, and 13-17 for examination.
Examiner finds the following: 1) Claims 1, 9, and 13-17 are rejected; 2) no claims objected to; and 3) no claims allowable.
Response to Arguments and Remarks
Examiner respectfully acknowledges Applicant's remarks.
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or non-obviousness.
Claims 1, 13-15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Nose (US20190162740A1), in view of Wade (US 20220088238 A1), in view of Kasai (US 20210134464 A1), in view of Shigefuji (JP2000109117A), in further view of Imajou (US 20080121778 A1), in further view of CMU (Programmable Triangulation Light). Curtains, https://www.cs.cmu.edu/~ILIM/programmable_light_curtain/html/index.html#about).
Regarding Claim 1, Nose discloses:
An optical detection device (Nose, FIG. 1 and [0037], sample measurement device 100), comprising:
a base (Nose, FIG. 1 and [0042], housing 10), comprising an opening (Nose, FIG. 1 and [0044], “The mechanical unit 11 is a movable unit to open and close a part of the housing 10”);
a cartridge placing portion, located in the base, and in communication with the opening (Nose, FIG. 1 and [0044], “An operation of opening the lid performed as an operation to the mechanical unit 11 results in a state where the container 300 can be loaded in the load section 20 inside the housing 10 through the opening of the housing 10”);
a bearing platform, wherein the cartridge placing portion is located on the bearing platform, and the bearing platform comprises a first docking structure (Nose, FIG. 1 and [0053], measurement unit 40, [0053], “The measurement unit 40 is configured to measure a sample housed in the container 300 loaded in the load section 20,” and [0055], “The measurement unit 40 directly or indirectly measures a test material in a sample by detecting a change generated through reaction of the test material in the sample with a reagent”);
a shield cover, configured to open or close the opening (Nose, FIG. 1 and [0045], “By performing an operation of closing the lid after loading the container 300, the container 300 is shielded from light inside the housing 10”), wherein the shield cover comprises a body and a second docking structure, the second docking structure is connected to the body, and the second docking structure is configured to be docked with the first docking structure (Nose, FIG. 1 and [0053], measurement unit 40, [0053], “The measurement unit 40 is configured to measure a sample housed in the container 300 loaded in the load section 20,” and [0055], “The measurement unit 40 directly or indirectly measures a test material in a sample by detecting a change generated through reaction of the test material in the sample with a reagent”);
a processor (Nose, FIG. 1 and [0056], “The control unit 50 includes a processor including, for example, a CPU and an FPGA”);
an optical sensor, connected to the processor, wherein the optical sensor comprises a light receiving element and a light emitting element, wherein the light receiving element is configured to convert a received light into an image signal (Nose, FIG. 1 and [0048], “The reader 30 is configured to read the information 410 recorded on the information storage part 400. The reader 30 is a contact or non-contact reader. The reader 30 is configured to read the information 410 by a reading method corresponding to the kind of the information storage part 400. For example, the reader 30 can read the information 410 from the information storage part 400 that is a bar code, a multidimensional code or an RF (Radio Frequency) tag”) and further comprises a light emitting element (Nose, FIG. 7 and [0111], illumination unit 31);
a docking sensor…, wherein the docking sensor is configured to send a docking signal when the first docking structure is docked with the second docking structure (Nose, FIG. 1 and [0042], detecting unit 12, and [0056], “The control unit 50 also detects the execution of a predetermined operation of moving the mechanical unit 11 through the detecting unit 12. To be more specific, the detecting unit 12 detects that the container 300 is loaded to be shielded from light. In the example of FIG. 1, the detecting unit 12 detects that the mechanical unit 11 is closed. The detecting unit 12 outputs a signal to the control unit 50 when detecting that the mechanical unit 11 is closed. In response to the detection by the detecting unit 12, the control unit 50 controls the reader 30 and the measurement unit 40”);
an actuator, connected to the shield cover, wherein the processor is further configured to control the actuator to be actuated, to drive the shield cover to open or close the opening (Nose, FIG. 1 and [0044], “The mechanical unit 11 may be moved directly by a user or may be moved by a motor or the like in response to a button operation or the like by the user. Here, the “user” is a user or an operator of the sample measurement device 100”); …
… a positioning detector, wherein the positioning detector sends a positioning signal when being actuated, the processor transmits a closing signal to the actuator in response to the positioning signal, and the actuator drives the shield cover to close the opening according to the closing signal (Nose, FIG. 1 and [0042], detecting unit 12); and
a display module, connected to the processor, wherein the processor outputs detection information according to the image signal, and the display module displays the detection information (Nose, FIG. 1 and [0052], “Through such wired or wireless connection, information can be transmitted and received between the terminal 500 and the sample measurement device 100. The terminal 500 can browse a measurement result generated at the sample measurement device 100 through communication with the sample measurement device 100”); …
… wherein the first docking structure is a groove (Nose, FIG. 1 and [0046], “The load section 20 holds the container 300”); the second docking structure comprises a toggle portion protruding from the body (Nose, FIG. 1 and [0044], mechanical unit 11); and …
Nose discloses the above but does not explicitly disclose:
…[a docking sensor,] located on the first docking structure or the second docking structure…
However, Nose does disclose in [0056]:
To be more specific, the detecting unit 12 detects that the container 300 is loaded to be shielded from light. In the example of FIG. 1, the detecting unit 12 detects that the mechanical unit 11 is closed. The detecting unit 12 outputs a signal to the control unit 50 when detecting that the mechanical unit 11 is closed. In response to the detection by the detecting unit 12, the control unit 50 controls the reader 30 and the measurement unit 40.
It would have been obvious to PHOSITA before the effective filing date of the claimed invention to modify Nose by changing the location of the docking sensor. PHOSITA would have known about the various locations and means to sense the closing of the hinged opening and how to use them to modify the system of Nose. PHOSITA would have been motivated to do this as a simple substitution of one known element for another to obtain predictable results (See MPEP § 2143 (I)(B)), specifically the placement of the docking sensor in a different location to functionally operate in the same manner.
Nose discloses the above but does not explicitly disclose:
… a proximity sensor, wherein the proximity sensor sends a sensing signal when being actuated, and the processor transmits an opening signal to the actuator in response to the sensing signal …
However, Wade, in a similar field of endeavor (ultraviolet (UV) sanitization unit), discloses:
… a proximity sensor, wherein the proximity sensor sends a sensing signal when being actuated, and the processor transmits an opening signal to the actuator in response to the sensing signal (Wade, FIG. 1 and [0048], “An exterior portion of the housing 120 can have a sensor 118 (e.g., proximity sensor, RFID reader, etc.) to detect when the beverage container 102 is close (e.g., a predetermined distance from) to the door 106. This can include more than one sensor 118. Upon sensing that a beverage container 102 is in close proximity, a signal is sent to the processor 138 and the processor 138 sends a signal to open (or un-shutter) the door 106, thereby granting access to the cradle portion 104”) …
It would have been obvious to PHOSITA before the effective filing date of the claimed invention to modify the sample measurement device of Nose with the proximity sensor of Wade. PHOSITA would have known about the uses of proximity sensors as disclosed by Wade and how to use them to modify the system of Nose. PHOSITA would have been motivated to do this as a use of known technique to improve similar devices in the same way (See MPEP § 2143 (I)(C)), specifically the use of a sensor to control the opening of door.
The combination of Nose and Wade discloses the above but does not explicitly disclose:
… wherein the docking sensor is a pressure sensing detector, configured to detect a docking pressure between the first docking structure and the second docking structure, and to generate the docking signal only when the docking pressure exceeds a predetermined pressure threshold;
wherein the processor actuates the light emitting element in response to the docking signal; …
However, Kasai, in a similar field of endeavor (sensor for proper alignment for data collection), discloses:
… wherein the docking sensor is a pressure sensing detector, configured to detect a docking pressure between the first docking structure and the second docking structure, and to generate the docking signal only when the docking pressure exceeds a predetermined pressure threshold (Kasai, FIG. 1, [0088], “when the subject sitting on the seat is detected by the pressure sensor, the authentication device 20 may be turned on.” Examiner notes that this shows the use of pressure sensor to determine when to initiate data collection. Examiner also notes that though this pressure sensor is not discussed as it relates to open and closing a door or hatch, that Examiner understands the pressure sensor to inherently be able to determine if the toilet seat is up or due to base level pressure, of if a human is sitting upon it);
wherein the processor actuates the light emitting element in response to the docking signal (Kasai, FIG. 1, [0088], “when the subject sitting on the seat is detected by the pressure sensor, the authentication device 20 may be turned on.” Examiner notes that authentication device 20 is not explicitly a light emitting element, but PHOSITA would have the skills to have that trigger and LED); …
It would have been obvious to PHOSITA before the effective filing date of the claimed invention to modify the combination of Nose and Wade with the pressure sensor of Kasai. PHOSITA would have known about the uses of pressure sensors as disclosed by Kasai and how to use them to modify the combination of Nose and Wade. PHOSITA would have been motivated to do this as a use of known technique to improve similar devices in the same way (See MPEP § 2143 (I)(C)), specifically the use of a pressure sensor to determine proper position and docking before data collection.
The combination of Nose, Wade, and Kasai discloses the above, but does not explicitly disclose:
… a size of the shield cover is larger than that of the opening, and …
However, Shigefuji, in a similar field of endeavor (hinge type lid), discloses:
… a size of the shield cover is larger than that of the opening (Shigefuji, FIG. 2 and [0012], lid 2, which Examiner notes is larger than the opening), and …
It would have been obvious to PHOSITA before the effective filing date of the claimed invention to modify the combination of Nose, Wade, and Kasai with the opening of Shigefjui. PHOSITA would have known about the opening as disclosed by Shigefjui and how to it to modify the combination of Nose, Wade, and Kasai. PHOSITA would have been motivated to do this as a combination of prior art elements according to known methods to yield predictable results (See MPEP § 2143 (I)(A)), specifically the use of a large interlocking lid.
The combination of Nose, Wade, Kasai, and Shigefjui discloses the above, but does not explicitly disclose:
… an end of the shield cover is pivotally connected to the base by a torsion spring, and the torsion spring biases the shield cover toward a closed position such that the docking pressure is generated as the shield cover pivots into engagement with the first docking structure.
However, Imajou, in a similar field of endeavor (Pivot Mechanism), discloses:
… an end of the shield cover is pivotally connected to the base by a torsion spring (Imajou, FIG. 2, [0076], torsion spring member 14), and the torsion spring biases the shield cover toward a closed position such that the docking pressure is generated as the shield cover pivots into engagement with the first docking structure (Imajou, FIG. 2, [0076], torsion spring member 14).
It would have been obvious to PHOSITA before the effective filing date of the claimed invention to modify the combination of Nose, Wade, Kasai, and Shigefjui with the pivotal torsion spring of Imajou. PHOSITA would have known about the uses of pivotal torsion springs as disclosed by Imajou and how to use them to modify the combination of Nose, Wade, Kasai, and Shigefjui. PHOSITA would have been motivated to do this as a use of known technique to improve similar devices in the same way (See MPEP § 2143 (I)(C)), specifically the use of pivotal torsion springs to bias and control pivotal motion.
The combination of Nose, Wade, Kasai, Shigefjui, and Imajou discloses the above, but does not explicitly disclose:
… wherein the light receiving element is further configured to sense a light quantity in the cartridge placing portion before the light emitting element is actuated, and to output a light quantity signal to the processor;
wherein the processor is further configured to compare a light quantity value of the light quantity signal with a preset light quantity value, and to actuate the light emitting element to emit light toward the cartridge placing portion when the light quantity value is lower than the preset light quantity value; …
However, CMU, in a similar field of endeavor (Programmable Triangulation Light Curtains), discloses:
… wherein the light receiving element is further configured to sense a light quantity in the cartridge placing portion before the light emitting element is actuated, and to output a light quantity signal to the processor (CMU, “Another reason for the high-performance is ambient light subtraction. To increase detection ability of the light curtain we capture two images with the light curtain at each step”);
wherein the processor is further configured to compare a light quantity value of the light quantity signal with a preset light quantity value, and to actuate the light emitting element to emit light toward the cartridge placing portion when the light quantity value is lower than the preset light quantity value (CMU, “Programmable light curtains can be used for applications in driver safey systems. They can be used for vehical lane monitoring and to monitor vehicles backing up out of parking spaces. Other applications include monitoring pedestrians entering roadway from sidewalk and in crosswalks,” and Programmable light curtains can adjust the camera exposure and laser power to adaptively capture the scene in a single shot.” Examiner notes that this mapping is merely to show passive ambient detection and adjustment based on that detection, but notes that in the application of pedestrian monitoring, CMU would activate based on the triggering. Depending on the needs and purposes of PHOSITA, Examiner understand PHOSITA to know how to set and modify thresholds as needed); …
It would have been obvious to PHOSITA before the effective filing date of the claimed invention to modify the combination of Nose, Wade, Kasai, Shigefjui, and Imajou with the ambient scanning of CMU. PHOSITA would have known about the uses of ambient scanning as disclosed by CMU and how to use them to modify the combination of Nose, Wade, Kasai, Shigefjui, and Imajou. PHOSITA would have been motivated to do this as a use of known technique to improve similar devices in the same way (See MPEP § 2143 (I)(C)), specifically the use of ambient scanning to adjust and control scanning.
Regarding Claim 13, the combination of Nose, Wade, Kasai, Shigefjui, Imajou, and CMU discloses Claim 1, and Nose further discloses:
… further comprising a light quantity sensor, configured to sense a light quantity in the cartridge placing portion, and to output a light quantity signal to the processor (Nose, FIG. 2 and [0066], “reading of the information 410 from the container 300 is started based on loading of the container 300, and the sample is measured based on the read information 410”); wherein the processor determines, according to the light quantity signal, whether to actuate the light emitting element to emit light toward the cartridge placing portion (Nose, FIG. 2 and [0063], “The light-shielded state is a state where the number of incident photons detected by the measurement unit 40 when light emission does not occur inside the container 300 is preferably 1000/(mm.sup.2.Math.second) or less, more preferably 100/(mm.sup.2.Math.second) or less”).
Regarding Claim 14, the combination of Nose, Wade, Kasai, Shigefjui, Imajou, and CMU discloses Claim 1, and Nose further discloses:
… wherein the optical sensor comprises a light receiving element, the light receiving element senses a light quantity of the cartridge placing portion before the light emitting element is actuated, and outputs a light quantity signal to the processor, and the processor determines, according to the light quantity signal, whether to actuate the light emitting element to emit light toward the cartridge placing portion (Nose, FIG. 2 and [0063], “The light-shielded state is a state where the number of incident photons detected by the measurement unit 40 when light emission does not occur inside the container 300 is preferably 1000/(mm.sup.2.Math.second) or less, more preferably 100/(mm.sup.2.Math.second) or less”).
Regarding Claim 15, the combination of Nose, Wade, Kasai, Shigefjui, Imajou, and CMU discloses Claim 1, and Shigefjui further discloses:
… wherein the base comprises two protruding ribs, respectively located on two sides of the shield cover (Shigefuji, FIG. 2 and [0014], “on the upper end surface around the box body 1, a convex portion 101 that engages with the packing 202 of the lid 2 is provided over the entire circumference. In the state in which the lid 2 closes the box body 1, as shown in FIG. 2, the convex portion 101 is in close contact with the packing 202 so as to press the packing 202, and water in the cold insulation container B leaks to the outside”).
It would have been obvious to PHOSITA before the effective filing date of the claimed invention to modify the combination of Nose, Wade, Kasai, Shigefjui, and Imajou with the opening of Shigefjui. PHOSITA would have known about the opening as disclosed by Shigefjui and how to it to modify the combination of Nose, Wade, Kasai, Shigefjui, and Imajou. PHOSITA would have been motivated to do this as a combination of prior art elements according to known methods to yield predictable results (See MPEP § 2143 (I)(A)), specifically the use of an interlocking lid.
Regarding Claim 17, the combination of Nose, Wade, Kasai, Shigefjui, Imajou, and CMU discloses Claim 1, and Nose further discloses:
… further comprising a touch control module connected to the processor; wherein the touch control module receives an operation command to output a driving signal, and the processor actuates the light emitting element in response to the driving signal, to emit light toward the cartridge placing portion (Nose, FIG. 1 and [0051], “Note that the terminal 500 includes, for example, portable information terminals such as a tablet terminal and a smartphone, and an information terminal such as a personal computer (PC). The terminal 500 receives an input operation by the user through a user interface 511 such as buttons displayed on a display screen 510. The input operation is detected by a touch panel when a portable information terminal such as a tablet terminal or a smartphone is used, or detected through a mouse, a keyboard, or any other input instrument when a terminal such as a PC is used,” and [0052], “The terminal 500 can transmit a predetermined operation command to the sample measurement device 100 through communication with the sample measurement device 100”).
Claims 9 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Nose (US20190162740A1), in view of Wade (US 20220088238 A1), in view of Kasai (US 20210134464 A1), in view of Shigefuji (JP2000109117A), in view of Imajou (US 20080121778 A1), in further view of CMU (Programmable Triangulation Light). Curtains, https://www.cs.cmu.edu/~ILIM/programmable_light_curtain/html/index.html#about), and in further view of Ortmann (GB2592590).
Regarding Claim 9, the combination of Nose, Wade, Kasai, Shigefjui, Imajou, and CMU discloses the limitations of Claim 1 but does not explicitly disclose a “sliding platform”. However, Ortmann, in a similar field of endeavor (Sample processing unit), discloses:
… wherein a bottom of the bearing platform comprises a sliding portion, causing the bearing platform to move relative to the opening (Ortmann, FIG. and [0068], moveable sleigh 270).
It would have been obvious to PHOSITA before the effective filing date of the claimed invention to modify the combination of Nose, Wade, Kasai, Shigefjui, and Imajou with the moveable sleigh of Ortmann. PHOSITA would have known about the uses of moveable sleigh as disclosed by Ortmann and how to use them to modify the combination of Nose, Wade, Kasai, Shigefjui, and Imajou. PHOSITA would have been motivated to do this as a use of known technique to improve similar devices in the same way (See MPEP § 2143 (I)(C)), specifically the use of a sliding platform for the loading and unloading of samples.
Regarding Claim 16, the combination of Nose, Wade, Kasai, Shigefjui, Imajou, and CMU discloses Claim 1, and Shigefjui further discloses:
… wherein the base comprises two protruding ribs, … and the two protruding ribs are respectively detachably located in the two sliding grooves (Shigefuji, FIG. 2 and [0014], “on the upper end surface around the box body 1, a convex portion 101 that engages with the packing 202 of the lid 2 is provided over the entire circumference. In the state in which the lid 2 closes the box body 1, as shown in FIG. 2, the convex portion 101 is in close contact with the packing 202 so as to press the packing 202, and water in the cold insulation container B leaks to the outside”).
It would have been obvious to PHOSITA before the effective filing date of the claimed invention to modify the combination of Nose, Wade, Kasai, Shigefjui, and Imajou with the opening of Shigefjui. PHOSITA would have known about the opening as disclosed by Shigefjui and how to it to modify the combination of Nose, Wade, Kasai, Shigefjui, and Imajou. PHOSITA would have been motivated to do this as a combination of prior art elements according to known methods to yield predictable results (See MPEP § 2143 (I)(A)), specifically the use of an interlocking lid.
The combination of
… the shield cover comprises two sliding grooves (Ortmann, FIG. and [0068], moveable sleigh 270), …
It would have been obvious to PHOSITA before the effective filing date of the claimed invention to modify the combination of Nose, Wade, Kasai, Shigefjui, and Imajou with the moveable sleigh of Ortmann. PHOSITA would have known about the uses of moveable sleigh as disclosed by Ortmann and how to use them to modify the combination of Nose, Wade, Kasai, Shigefjui, and Imajou. PHOSITA would have been motivated to do this as a use of known technique to improve similar devices in the same way (See MPEP § 2143 (I)(C)), specifically the use of a sliding platform for the loading and unloading of samples.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAD A REVERMAN whose telephone number is (571)270-0079. The examiner can normally be reached Mon-Fri 9-5 EST.
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/CHAD ANDREW REVERMAN/Examiner, Art Unit 2877
/Kara E. Geisel/Supervisory Patent Examiner, Art Unit 2877