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 .
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 1, 2, 4, and 8-11 are 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 1 recites “an actuator coupled to the first end of the reagent sipper manifold assembly to move the reagent sipper manifold assembly relative to the reagent reservoir receptacle; and a sample sipper manifold assembly having one or more sample sippers, wherein, responsive to the actuator moving the reagent sipper manifold assembly toward the reagent reservoir receptacle, the second end of the reagent sipper manifold assembly engages the sample sipper manifold assembly and moves the one or more sample sippers toward the sample cartridge receptacle.” The Examiner submits the wherein clause is unclear. It is unclear as to the structural relationship between the reagent sipper manifold assembly, the sample sipper manifold and the reagent reservoir receptacle and sample cartridge receptacle. That is, it is unclear what structural combination of features results when the reagent sipper manifold assembly is moved towards the reagent reservoir receptacle AND the reagent sipper manifold to move the sample sippers to the cartridge assembly. The Examiner notes this procedure is described at Paragraphs 0086-0088 of the Specification, but it is unclear as to the resulting structural relationship between the reagent sipper manifold and the sample sipper manifold.
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 (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 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 14-19, 27-29, and 37-40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schermer et al. (US 6,756,232). Schermer teaches a printhead having pins for producing a microarray. The embodiments of the device most relevant to the instant claims is shown in Figures 1A-5B and 8A-9.
Regarding claims 14 and 15 – As shown in the cited Figure, Schermer teaches an assembly, comprising: a cassette housing (printhead 110); one or more sipper tubes (pins 102) having a proximal end and a distal end; one or more sipper couplings (pin heads 104 – See Figure 1B) to which the proximal end of the sipper tubes (pins 102) are coupled and that are movably coupled to the cassette housing (printhead 110); and one or more biasing elements (pin lifter 312) to bias the one or more sipper couplings (pin heads 104), wherein the one or more biasing elements (pin lifter 312) allow relative movement between the sipper tubes (pins 102) and the cassette housing (printhead 110).
Regarding claims 16, 17, 19, 27 and 28 – Figures 4G-4H show a plurality of sipper couplings (caps 451) for each of the individually movable sipper tubes (pins 102).
Regarding claim 18 – Schermer teaches a spring element as the biasing element in Figure 5B and column 11, lines 58-67.
Regarding claim 29 – Schermer teaches sharp angled ends for the pins in the Figures and in column 2, lines 1-17.
Regarding claims 37, 38, 39 and 40 – Schermer teaches a method of using the printhead (110) which includes the steps of moving a reagent sipper manifold assembly toward a reagent reservoir receptacle, the reagent sipper manifold assembly having a first end and a second end and including one or more reagent sippers: responsive to moving the reagent sipper manifold assembly toward the reagent reservoir receptacle, engaging the second end of the reagent sipper manifold assembly and a sample sipper manifold assembly having a sample sipper; and moving the sample sipper toward a sample cartridge receptacle in column 2, lines 34-58 and the claims.
Inventorship
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 20, 22 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Schermer et al. (US 6,756,232) in view of Pinkel et al. (6,855,538). Schermer teaches every element of claims 20, 22 and 23 except for the base element and guide plate. The Examiner considers the robotic manipulator disclosed in Figure 9; column 3, lines 27-46; and column 16, lines 1-24 to meet the limitation of a carriage and vertical guide carrying the cassette assembly (printhead 110). Pinkel teaches a microarray printing device and work area. The embodiments of the device most relevant to the instant claims are shown in Figures 1, 3 and 4 and described in columns 6-9. As shown in Figure 1, the system includes a print head (10) having a plurality of support plate (14) for supporting the spotting capillaries of the print head (10) during use. See also column 6, line 35 – column 7, line 45. The system of Pinkel further includes (44) that holds array substrates (56) in Figures 3-4 and column 8, lines 48-56. The Examiner submits it would have been obvious to one of ordinary skill in the art at the time of the effective date of the invention to combine the base and guide plate from Pinkel with the device of Schermer. One of ordinary skill in the art at the time would add the base to Schermer provide a support workspace for the printhead and plate as taught by Pinkel. One of ordinary skill would add the guide plate in order to provide support for the printhead pins as taught by Pinkel.
Allowable Subject Matter
Claims 1, 2, 4 and 8-11 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. Claim 1 recites a combination of features not taught or suggested by the cited prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DWAYNE K HANDY whose telephone number is (571)272-1259. The examiner can normally be reached M-F 10AM-7PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jill Warden can be reached at 571-272-1267. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DWAYNE K HANDY/Examiner, Art Unit 1798 November 29, 2025
/JILL A WARDEN/Supervisory Patent Examiner, Art Unit 1798
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