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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/13/2026 has been entered.
Response to Amendment
The Amendment filed 02/13/2026 has been entered. Claims 1-11 remain pending in the application and are being examined herein.
Status of Rejections
The rejections of claims 1-11 under 35 U.S.C. 102 are being withdrawn in view of Applicant’s amendment.
New grounds for rejection under 35 U.S.C. 102 are necessitated by Applicant’s amendments.
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 1-6 and 8-11 are rejected under 35 U.S.C. 102(a)(1) as being by Jovanovich et al. (US 20080014576).
Regarding claim 1, Jovanovich teaches a detection cassette (Figs. 16, 17), adapted to detect a sample, wherein the sample comprises a first component and a second component, the detection cassette comprising:
a sample injection hole (input reservoir 190)(Fig. 16 and para. 0128);
a first separation tank (router A), communicated with the sample injection hole (Fig. 16), wherein a part of the sample is adapted to enter the first separation tank from the sample injection hole, and the part of the sample is separated into the first component and the second component in the first separation tank (the sample is not positively recited, and thus not a part of the invention. Since this limitation is directed to a part of the sample, this limitation does not further structurally limit the invention);
a second separation tank (chamber C), communicated with the sample injection hole (communicate through router A), wherein another part of the sample is adapted to enter the second separation tank from the sample injection hole, and the another part of the sample is separated into the first component and the second component in the second separation tank (the sample is not positively recited, and thus not a part of the invention. Since this limitation is directed to a part of the sample, this limitation does not further structurally limit the invention);
a first detection tank (the third storage area 170 from the top, Fig. 16, para. 0127), communicated with the first separation tank (para. 0128), wherein the first component separated in the first separation tank flows to the first detection tank for detection (the sample is not positively recited, and thus not a part of the invention. Since this limitation is directed to a part of the sample, this limitation does not further structurally limit the invention. Furthermore, a fluid can flow from input reservoir 190 to the third storage area 170);
a second detection tank (output reservoir below chambers C and F)(see annotated Fig. A), communicated with the second separation tank (Fig. 16), wherein the second component separated in the second separation tank flows to the second detection tank for detection (the sample is not positively recited, and thus not a part of the invention. Since this limitation is directed to a part of the sample, this limitation does not further structurally limit the invention. Furthermore, there is a flow path from chamber C to the output reservoir); and
a first connection flow channel (the channel immediate above chamber C in Fig. 16)(see annotated Fig. A), connected between the first separation tank and the second separation tank, wherein the first connection flow channel is directly connected to the second separation tank (C)(annotated Fig. A),
wherein the detection cassette is configured to communicate an overflow portion of the sample from the first separation tank, through the first connection flow channel, into the second separation tank (interpreted as a functional limitation, para. 0129, the device shown in Fig. 16 is structurally capable of communicating a sample portion from router A to chamber C),
wherein the sample injection hole, the first separation tank and the second separation tank are sequentially connected in series (Fig. 16 and see also annotated Fig. A).
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Figure A. Annotated Fig. 16 of Jovanovich.
Regarding claim 2, Jovanovich teaches all of the elements of the current invention as stated above with respect to claim 1. Jovanovich further teaches wherein a density of the first component is less than a density of the second component (the sample is not positively recited, and thus not a part of the invention. Since this limitation is directed to a part of the sample, this limitation does not further structurally limit the invention), the first separation tank comprises a first bottom portion and a first top portion (router A has a top and bottom portion), and the first component separated in the first separation tank is adapted to be located at the first top portion, and the second component separated in the first separation tank is adapted to be located at the first bottom portion (sample the is not positively recited. A sample of two components of different densities, the lower density component would reside on top of the higher density component, and thus lower and higher density components would be in the top and bottom portions of router A, respectively), the second separation tank comprises a second bottom portion and a second top portion (chamber C has a top and a bottom portion), the first component separated in the second separation tank is adapted to be located at the second top portion, and the second component separated in the second separation tank is adapted to be located at the second bottom portion (sample is not positively recited. A sample of two components of different densities, the lower density component would reside on top of the higher density component, and thus lower and higher density components would be in the top and bottom portions of chamber C, respectively).
Regarding claim 3, Jovanovich teaches all of the elements of the current invention as stated above with respect to claim 2. Jovanovich further the detection cassette further comprising:
a first fluid tank (chamber E), adapted to contain a first fluid (interpreted a functional limitation. A first fluid is not positively recited. Chamber E is structurally capable of containing a first fluid); and
a first mixing tank (chamber H), connected to the first top portion, and the first fluid tank being connected to the first top portion or the first mixing tank (annotated Fig. A), wherein the first mixing tank (chamber H) is located in a first direction (right) of the first top portion (the top portion of router A) and the first fluid tank (chamber E)(Fig. 16), and the first component located at the first top portion and the first fluid located in the first fluid tank are adapted to be mixed in the first mixing tank (the paras. 0128, 130-131, liquid from router A can be delivered to chamber E, and liquid between E and H can be mixed by being pumped back and forth by the pump between the chambers E and H).
Regarding claim 4, Jovanovich teaches all of the elements of the current invention as stated above with respect to claim 3. Jovanovich further teaches the detection cassette further comprising:
a first quantitative tank (the output reservoir below chambers E and H), connected to the first mixing tank (Fig. 16);
a first bending section, comprising a first section and a second section connected in a bending manner (see annotate Fig. A), wherein the first section is connected to the first quantitative tank (connected through router A), the second section is connected to the first detection tank (connected through router A), wherein the first quantitative tank is located in a second direction (left) of the first mixing tank (chamber H)and the first section (annotated Fig. A), and the second direction (left) is opposite to the first direction (right).
Regarding claim 5, Jovanovich teaches all of the elements of the current invention as stated above with respect to claim 1, Jovanovich further comprising:
a quantitative flow channel (channel between 190 and router A), connected between the sample injection hole (input reservoir 190) and the first separation tank (router A); and
an overflow tank (the bottom retest reservoir 180 in Fig. 16), communicated with the second separation tank (communicate through router A, paras. 0128 and 133).
Regarding claim 6, Jovanovich teaches all of the elements of the current invention as stated above with respect to claim 5. Jovanovich further comprising:
a first temporary storage tank (chamber F), communicated between the first separation tank and the first connection flow channel (communicate through router A), the first temporary storage tank (chamber F) is located in a first direction (right) of the second separation tank (chamber C)(Fig. 16) and in a second direction (left) of the first separation tank (router A), and the second direction (left) is opposite to the first direction (right);
a second temporary storage tank (retest flush reservoir), communicated with the overflow tank (communicates through router A); and
a second connection flow channel (160)(see annotate Fig. A), communicated with the first temporary storage tank and the second temporary storage tank (communicates through router A), wherein the second connection flow channel and the second temporary storage tank are located in the second direction (left) of the first temporary storage tank (chamber F).
Regarding claim 8, Jovanovich teaches all of the elements of the current invention as stated above with respect to claim 2. Jovanovich further teaches the detection cassette further comprising:
a third temporary storage tank (chamber F), connected to the second top portion (top portion of chamber C)(Fig. 16), wherein the third temporary storage tank is located in a first direction (right) of the second top portion (top portion of chamber C), and the first component located at the second top portion is adapted to flow into the third temporary storage tank (first component is not positively recited. Fig. 16 and para. 0130, content in the top portion of chamber C and chamber F can pumped back and forth).
Regarding claim 9, Jovanovich teaches all of the elements of the current invention as stated above with respect to claim 3. Jovanovich further teaches the detection cassette further comprising:
a second fluid tank (the first retest reservoir 180 in Fig. 16), adapted to contain a second fluid (structurally capable of containing a second fluid, which is not positively recited), and communicated with the second bottom portion (bottom portion of chamber C)(communicate through router A); and
a second mixing tank (chamber B), communicated with the second bottom portion (bottom portion of chamber C)(Fig. 16 and para. 0130, content in the two chambers can be pump back and forth), wherein the second bottom portion is located in a second direction (left) of the second fluid tank, the second direction (left) is opposite to the first direction (right), the second mixing tank (chamber B) is located in the second direction (left) of the second bottom portion (bottom portion of chamber C), and the second fluid in the second fluid tank is adapted to flow to the second bottom portion (second fluid is not positively recited. Moreover, para. 0133, fluid from 180 can be flow to chamber C), so as to flow to the second mixing tank together with the second component located at the second bottom portion (paras. 0130 and 0133, liquid from retest reservoir can be pumped to chamber C and liquid can pump back and forth between chamber C and B).
Regarding claim 10, Jovanovich teaches all of the elements of the current invention as stated above with respect to claim 9. Jovanovich further teaches Jovanovich further comprising:
a third fluid tank (the second retest reservoir from the top in Fig. 16), adapted to contain a third fluid (structurally capable of containing a third fluid, which is not positively recited); and
a third mixing tank (chamber F), communicated with the second mixing tank (chamber B) and the third fluid tank, wherein the third mixing tank (chamber F) is located in a third direction (down)(in reference to Fig. 16) of the third fluid tank and the second mixing tank (chamber B), the third direction (down) is orthogonal to the first direction (right) and the second direction (left), and the third fluid in the third fluid tank and the second component and the second fluid in the second mixing tank are adapted to flow to the third mixing tank (paras. 0130 and 0133, liquid from retest reservoir can be pumped to chamber C and liquid can pump back and forth between chambers C and B as well as between chambers C and F).
Regarding claim 11, Jovanovich teaches all of the elements of the current invention as stated above with respect to claim 10. Jovanovich teaches the detection cassette further comprising:
a second quantitative tank (the top storage reservoir 170), communicated with the third mixing tank (communicate through router A); and
a second bending section, comprising a third section and a fourth section connected in a bending manner (see annotated Fig. A), wherein the third section is connected to the second quantitative tank (Fig. 16), the fourth section is connected to the second detection tank (connected through router A), second quantitative tank is located in a fourth direction (up) of the third mixing tank (chamber F) and the third section (see annotated Fig. A), and the fourth direction (upward) is opposite to the third direction (downward).
Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) as being by Kopf-Sill (US 5160702 A).
Regarding claim 1, Kopf-Sill teaches a detection cassette, adapted to detect a sample, wherein the sample comprises a first component and a second component, the detection cassette comprising:
a sample injection hole (61)(the opening that accesses chamber 60, col. 6, lns. 14-16);
a first separation tank (64), communicated with the sample injection hole (col. 6, lns. 21-22), wherein a part of the sample is adapted to enter the first separation tank from the sample injection hole, and the part of the sample is separated into the first component and the second component in the first separation tank (the sample is not positively recited, and thus not a part of the invention. Since this limitation is directed to a part of the sample, this limitation does not further structurally limit the invention);
a second separation tank (66), communicated with the sample injection hole (col. 6, lns. 21-26), wherein another part of the sample is adapted to enter the second separation tank from the sample injection hole, and the another part of the sample is separated into the first component and the second component in the second separation tank (the sample is not positively recited, and thus not a part of the invention. Since this limitation is directed to a part of the sample, this limitation does not further structurally limit the invention);
a first detection tank (108), communicated with the first separation tank, wherein the first component separated in the first separation tank flows to the first detection tank for detection (Figs. 1, 12-15 and col. 6, lns. 51-63);
a second detection tank (110), communicated with the second separation tank, wherein the second component separated in the second separation tank flows to the second detection tank for detection (Figs. 1, 12-15 and col. 6, lns. 51-63); and
a first connection flow channel (70), connected between the first separation tank and the second separation tank (col. 6, lns 24-26), wherein the first connection flow channel is directly connected to the second separation tank (Fig. 1),
wherein the detection cassette is configured to communicate an overflow portion of the sample from the first separation tank, through the first connection flow channel, into the second separation tank (Figs. 1, 11-12 and col. 6, lns. 14-63),
wherein the sample injection hole, the first separation tank and the second separation tank are sequentially connected in series (Figs. 1 and 11).
Regarding claim 2, Kopf-Sill teaches all of the elements of the current invention as stated above with respect to claim 1, wherein a density of the first component is less than a density of the second component (the sample is not positively recited), the first separation tank (64) comprises a first bottom portion (bottom portion of 64) and a first top portion (top portion of 64)(see annotated Fig. B), and the first component separated in the first separation tank is adapted to be located at the first top portion, and the second component separated in the first separation tank is adapted to be located at the first bottom portion, the second separation tank (see annotated Fig. B) comprises a second bottom portion (bottom portion of 66) and a second top portion (top portion of 66), the first component separated in the second separation tank is adapted to be located at the second top portion, and the second component separated in the second separation tank is adapted to be located at the second bottom portion (the sample or its components are not positively recited. Fig. 1, 11-12, the liquid which is in higher density is the bottom portions and the gas/air which is lower in density is at the top portions in 64 and 66. See annotate Fig B).
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Figure B. Annotated Fig. 1 and 12 of Kopf-Sill.
Regarding claim 3, Kopf-Sill teaches all of the elements of the current invention as stated above with respect to claim 2, Kopf-Sill further teaches the detection cassette further comprising:
a first fluid tank (26), adapted to contain a first fluid; and
a first mixing tank (50), connected to the first top portion, and the first fluid tank being connected to the first top portion or the first mixing tank, wherein the first mixing tank is located in a first direction (up)(in reference to Fig. 1) of the first top portion and the first fluid tank, and the first component located at the first top portion and the first fluid located in the first fluid tank are adapted to be mixed in the first mixing tank (Fig. 1 and col. 7, lns. 22-40).
Regarding claim 4, Kopf-Sill teaches all of the elements of the current invention as stated above with respect to claim 3. Kopf-Sill further teaches the detection cassette further comprising:
a first quantitative tank (40), connected to the first mixing tank (Fig. 1);
a first bending section (34 and 36), comprising a first section (34) and a second section (36) connected in a bending manner, wherein the first section is connected to the first quantitative tank (Fig. 1), the second section is connected to the first detection tank (Fig. 1), wherein the first quantitative tank (40) is located in a second direction (down) of the first mixing tank and the first section (Fig. 1), and the second direction is opposite to the first direction.
Regarding claim 5, Kopf-Sill teaches all of the elements of the current invention as stated above with respect to claim 1. Kopf-Sill further teaches the detection cassette further comprising: a quantitative flow channel (68), connected between the sample injection hole (61) and the first separation tank (col. 6, ln. 21-22); and
an overflow tank (107), communicated with the second separation tank (Figs. 11-13).
Regarding claim 6, Kopf-Sill teaches all of the elements of the current invention as stated above with respect to claim 5. Kopf-Sill further teaches the detection cassette further comprising:
a first temporary storage tank (60), communicated between the first separation tank (64) and the first connection flow channel (70) (Fig. 1), the first temporary storage tank is located in a first direction of the second separation tank and in a second direction of the first separation tank, and the second direction is opposite to the first direction (Fig. 1, 60 is located between 64 and 66, and thus opposite directions);
a second temporary storage tank (106), communicated with the overflow tank (107); and
a second connection flow channel, communicated with the first temporary storage tank and the second temporary storage tank (Fig. 1), wherein the second connection flow channel (105) and the second temporary storage tank are located in the second direction of the first temporary storage tank (60) (105 and 106 are in the same direction as second separation tank 66 in relation to 60).
Regarding claim 7, Kopf-Sill teaches all of the elements of the current invention as stated above with respect to claim 2. Kopf-Sill further teaches wherein there is a first necked section (neck section of 64) between the first bottom portion and the first top portion, and there is a second necked section (neck section of 66)between the second bottom portion and the second top portion (see annotated Fig. B above).
Regarding claim 8, Kopf-Sill teaches all of the elements of the current invention as stated above with respect to claim 2. Kopf-Sill further teaches the detection cassette further comprising:
a third temporary storage tank (107), connected to the second top portion (top portion of 66), wherein the third temporary storage tank is located in a first direction (right) of the second top portion, and the first component located at the second top portion is adapted to flow into the third temporary storage tank (the first component is not positively recited; Figs. 1, 12-15).
Regarding claim 9, Kopf-Sill teaches all of the elements of the current invention as stated above with respect to claim 3. Kopf-Sill further comprising:
a second fluid tank (60), adapted to contain a second fluid (interpreted as a functional limitation, 60 is structurally capable of containing a second fluid, which is not positively recited), and communicated with the second bottom portion; and
a second mixing tank (106), communicated with the second bottom portion, wherein the second bottom portion is located in a second direction (down) of the second fluid tank (60), the second direction is opposite to the first direction,
the second mixing tank (106) is located in the second direction (down) of the second bottom portion, and the second fluid in the second fluid tank is adapted to flow to the second bottom portion, so as to flow to the second mixing tank together with the second component located at the second bottom portion (Figs. 1, 12-15 and col. 6, lns. 14-60).
Response to Arguments
Applicant’s arguments with respect to the rejection of claim 1-11 under 102(a)(1) 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.
Conclusion
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/M.L.C./Examiner, Art Unit 1758
/MARIS R KESSEL/Supervisory Patent Examiner, Art Unit 1758