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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/16/2026 has been entered.
Status of Claims
Claim 1 and 5-21 are pending and under examination.
Claims 2-4 and 22 have been canceled.
Response to Amendment
Applicant’s amendments to the claims, received 03/16/2026, have overcome the 112(b) rejection(s) previously set forth in the Final Rejection mailed on 12/16/2026.
Based on the amended claims and remarks received on 03/16/2026, the previous prior art rejection(s) of claims 1 and 5029 over Nakajima have been withdrawn. Further, the previous prior art rejection of claim 21 over Nakajima has been withdrawn and a new prior art rejection is set forth (see below).
Claim Rejections - 35 USC § 102
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 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 21 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakaya (US 2007/0148046 – hereinafter “Nakaya”).
Regarding claim 21, Nakaya disclose a sample processing system (Nakaya; fig. 1, [0028]), comprising:
a smear preparation device configured to prepare a sample smear of a sample to be tested (Nakaya; figs. 1 & 3, #100, [0028]);
a cell image analysis device configured to image and analyze the sample smear prepared by the smear preparation device (Nakaya; figs. 1 & 4, #400, [0028;
a first smear storage device configured to place the sample smear prepared by the smear preparation device (Nakaya; fig. 3, #3, [0039]);
a second smear storage device configured to receive the sample smear that has been imaged and analyzed by the cell image analysis device (Nakaya; figs. 11, 14 & 17, #450, [0090]), wherein the second smear storage device can be replaced, when the storage space of the second smear storage device is full, with an empty second smear storage device (Nakaya; figs. 11 & 17, [0061-0064]);
a transport component configured to transport the sample smear that has been imaged to the second smear storage device through a first transport path (Nakaya; figs. 11 & 14, #400a, #410]); and
a transport device (Nakaya; figs. 3 & 7, #5, #7, #8, [0072, 0078-0088]) configured to: after the sample smear prepared by the smear preparation device is placed into the first smear storage device, transport the first smear storage device with the sample smear placed therein from the smear preparation device to the cell image analysis device through a second transport path (Nakaya; figs. 3 & 7, #5c, #7b, #8d, [0042, 0072, 0078-0088];
wherein the first transport path and the second transport path are different from each other and are not overlapped with each other (Nakaya; figs. 1 & 11, #300, #400/450), and the first transport path and the second transport path are located on two sides of the cell image analysis device (Nakaya; figs. 1 & 11, #300, #400/450).
Allowable Subject Matter
Claims 1 and 5-20 are allowed.
In addition to the remarks of record, the instant claims define over the prior art because the cited prior art does not teach or suggest a sample processing system comprising a transport device connected to a smear preparation device and a cell image analysis device and configured to transport at least one first smear storage device with a sample smear from the smear preparation device to the cell image analysis device, and transport the at least one first smear storage device from the cell image analysis device to the smear preparation device, wherein the transport device comprises a first input buffer area and a second output buffer area, wherein the second output buffer area is at least partially located in the cell image analysis device.
Any comments considered necessary by Applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance”.
Response to Arguments
Applicant’s arguments, see pages 8-14 of their remarks, filed 03/16/2026, with respect to claims 1 and 5-20 have been fully considered and are persuasive. The rejection of claims 1 and 5-20 has been withdrawn.
Applicant’s arguments, see pages 14-18 of their remarks, filed 03/16/2026, with respect to the rejection(s) of claim(s) 21 under 35 USC § 103 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 Nakaya.
Citations to art
In the above citations to documents in the art, an effort has been made to specifically cite representative passages, however rejections are in reference to the entirety of each document relied upon. Other passages, not specifically cited, may apply as well.
Other References Cited
The prior art of made of record and not relied upon is considered pertinent to Applicant’s disclosure include:
Lefebvre (US 2012/0163680) disclose a cyclical transport system for transporting a smear sample from a storage unit, an imaging device, and a sample smear preparation device.
Accurso et al. (US 2017/0176481) disclose a slide preparation system and transport module that transports slides from an upper level of the system to a lower level for imaging.
Nishikawa et al. (US 2019/0049474) disclose a sample processing system comprising a smear image capturing apparatus, a transport apparatus, and a smear preparation apparatus.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CURTIS A THOMPSON whose telephone number is (571) 272-0648. The examiner can normally be reached on M-F: 7:00 a.m. - 5:00 p.m..
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E-mail communication Authorization
Per updated USPTO Internet usage policies, Applicant and/or applicant’s representative is encouraged to authorize the USPTO examiner to discuss any subject matter concerning the above application via Internet e-mail communications. See MPEP 502.03. To approve such communications, Applicant must provide written authorization for e-mail communication by submitting the following statement via EFS Web (using PTO/SB/439) or Central Fax (571-273-8300):
Recognizing that Internet communications are not secure, I hereby authorize the USPTO to communicate with the undersigned and practitioners in accordance with 37 CFR 1.33 and 37 CFR 1.34 concerning any subject matter of this application by video conferencing, instant messaging, or electronic mail. I understand that a copy of these communications will be made of record in the application file.
Written authorizations submitted to the Examiner via e-mail are NOT proper. Written authorizations must be submitted via EFS-Web (using PTO/SB/439) or Central Fax (571-273-8300). A paper copy of e-mail correspondence will be placed in the patent application when appropriate. E-mails from the USPTO are for the sole use of the intended recipient, and may contain information subject to the confidentiality requirement set forth in 35 USC § 122. See also MPEP 502.03.
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/C.A.T./Examiner, Art Unit 1798
/BENJAMIN R WHATLEY/Primary Examiner, Art Unit 1798
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