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 .
Status of Claims
Claim 1-20 are under examination.
Information Disclosure Statement
The information disclosure statement (IDS) document(s) submitted on 11/10/2022 is compliant with the provisions of 37 CFR 1.97. Accordingly, the IDS document(s) has/have been fully considered by the examiner.
Claim Objections
Claims 1, 11, and 17 are objected to because of the following informalities:
Claim 1 lines 14-15 recite “a cuvette that passes through a photometric position”. The examiner requests applicant amends the claim to recite “a cuvette among the plurality of cuvettes that passes through a photometric position”. A similar objection is also made over claims 11 and 17.
Appropriate correction is required.
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(s) 1-4, 6-8, 11-14, 16-18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al. (US 2017/0227560 – hereinafter “Wang”).
Regarding claim 1, Wang disclose an analyzer (Wang; fig. 3, [0045]), comprising:
a cuvette table where a plurality of cuvettes are disposed annularly (Wang disclose a “reaction wheel” comprising inner ring 801 and outer ring 802 which store cuvettes; figs. 1 & 3, [0018, 0045]);
an actuator configured to drive the cuvette table so that the cuvette table performs intermittent rotation in which a resting state and a rotating state are repeatedly alternated, and each time the cuvette table rotates intermittently, a row of the plurality of cuvettes is displaced in the annular direction by a given number of cuvettes (Wang disclose intermittent rotation of the reaction wheel to position the cuvettes at different locations for sample testing; fig. 3, [0024-0044, 0054]. Accordingly, the reaction wheel comprising an actuator configured to drive the cuvette table.);
a pretreatment part configured to perform pretreatment to a cuvette among the plurality of cuvettes that stands still at a pretreatment position in the resting state (Wang disclose pretreatment parts including first reagent probe 201/202, second reagent probe 501/502, sample dispensing probe 300, sample stirring component 400, and reagent stirring component 601; fig. 3, [0025-0049, 0054]);
a post treatment part configured to perform post treatment to a cuvette among the plurality of cuvettes that stands still at a post treatment position in the resting state (Wang disclose post treatment part including cleaning component 100; fig. 3, [0025-0044, 0050, 0054]);
a photometry part configured to perform photometry to a cuvette that passes through a photometric position in the rotating state (Wang disclose photometry part 701 that detects cuvettes while rotating; fig. 3, [0024, 0051]); and
a controller (Wang disclose a computer with a computer readable storage medium that stores procedures and processor for performing operations; [0058]) configured, in the rotating state until the cuvette that stood still at the pretreatment position stands still at the post treatment position after the completion of the pretreatment, to control the actuator so that the cuvette passes through the photometric position at a fixed rotational speed, each time the cuvette passes through the photometric position (Wang disclose acceleration and deceleration processes in the rotation period of every cycle where photoelectric data is unreliable. A number of cuvette positions are passed during these acceleration and deceleration processes where no data is collected on the cuvette. Only photoelectric data corresponding to cuvettes passing the detector with uniform velocity is gathered; [0024, 0051]. The cuvette photoelectric data is gathered 33 times after injecting the first reagent is performed, after which the test is complete [0042]).
Regarding claim 2, Wang teach the analyzer of claim 1 above, wherein the pretreatment part includes an agitating part, and the pretreatment is agitating processing in which reaction liquid in the cuvette is agitated, and wherein the pretreatment position is an agitating position where the agitating processing is performed (Wang disclose stirring component 400 to agitate reaction liquid in the cuvette during processing of the sample; fig. 3, #400, [0038, 0040, 0047]).
Regarding claim 3, Wang disclose the analyzer of claim 1 above, wherein the pretreatment part includes a dispensing part, and the pretreatment is dispensing processing in which sample or reagent is dispensed into the cuvette, and wherein the pretreatment position is a dispensing position where the dispensing processing is performed (Wang disclose dispensing reagent with reagent dispensers 201/202 and 501/502, and dispensing sample with sample dispensing component 300; fig. 3, [0035, 0037, 0039, 0045-0046, 0048]).
Regarding claim 4, Wang disclose the analyzer of claim 1 above, wherein the post treatment part includes a cuvette washing part, and the post treatment is washing processing in which the cuvette is washed, and wherein the post treatment position is a washing position where the washing processing is performed (Wang disclose eight cuvette washing positions and steps; fig. 3, #100, [0025-0034, 0050]).
Regarding claim 6, Wang disclose the analyzer of claim 1 above, wherein, in the rotating state where the cuvette passes through the photometric position at the fixed rotational speed, a specific number of cuvettes adjacent to each other forward and backward in the annular direction including the cuvette pass through the photometric position at the fixed rotational speed, and wherein the specific number of cuvettes is a number obtained by subtracting the number of cuvettes that stand still at the photometric position in the resting state, and the number of cuvettes that pass through the photometric position during acceleration or deceleration of the rotation of the cuvette table in the rotating state, from the given number of cuvettes (Wang disclose acceleration and deceleration processes in the rotation period of every cycle where photoelectric data is unreliable and does not collect data for a number of cuvette positions during these acceleration and deceleration processes. Only photoelectric data corresponding to cuvettes passing with uniform velocity is gathered; [0024]).
Regarding claim 7, Wang disclose the analyzer of claim 1 above, wherein, the pretreatment part includes:
a first pretreatment part configured to perform the pretreatment to a first cuvette that stands still at a first pretreatment position included in the pretreatment position (Wang; fig. 3, #201/202, [0035, 0045]); and
a second pretreatment part configured to perform the pretreatment to a second cuvette that stands still at a second pretreatment position included in the pretreatment position (Wang; fig. 3, #501/502, [0039, 0048]), and
wherein the post treatment part includes:
a first post treatment part configured to perform the post treatment to the first cuvette that stands still at a first post treatment position included in the post treatment position (Wang disclose eight cleaning step positions; figs. 1 & 3, #11, #12, #100, [0020, 0025-0034, 0050]); and
a second post treatment part configured to perform the post treatment to the second cuvette that stands still at a second post treatment position included in the post treatment position (Wang disclose eight cleaning step positions; figs. 1 & 3, #11, #12, #100, [0020, 0025-0034, 0050]).
Regarding claim 8, Wang disclose the analyzer of claim 7 above, wherein, in the rotating state until the first cuvette and the second cuvette that stood still at the pretreatment position stand still at the first post treatment position and the second post treatment position, respectively, after the completion of the pretreatment, the controller controls the actuator so that both the first cuvette and the second cuvette pass through the photometric position at the fixed rotational speed, each time the first and second cuvettes pass through the photometric position substantially simultaneously (Wang disclose the photoelectric detector collects data 33 times on the cuvettes during the processing steps; [0042]).
Regarding claim 18, Wang disclose the analyzer of claim 2 above, wherein the post treatment part includes a cuvette washing part, and the post treatment is washing processing in which the cuvette is washed, and wherein the post treatment position is a washing position where the washing processing is performed (Wang disclose eight cuvette washing positions and steps; fig. 3, #100, [0025-0034, 0050]).
Regarding claim 20, Wang disclose the analyzer of claim 2 above, wherein, in the rotating state where the cuvette passes through the photometric position at the fixed rotational speed, a specific number of cuvettes adjacent to each other forward and backward in the annular direction including the cuvette pass through the photometric position at the fixed rotational speed, and wherein the specific number of cuvettes is a number obtained by subtracting the number of cuvettes that stand still at the photometric position in the resting state, and the number of cuvettes that pass through the photometric position during acceleration or deceleration of the rotation of the cuvette table in the rotating state, from the given number of cuvettes (Wang disclose acceleration and deceleration processes in the rotation period of every cycle where photoelectric data is unreliable and does not collect data for a number of cuvette positions during these acceleration and deceleration processes. Only photoelectric data corresponding to cuvettes passing with uniform velocity is gathered; [0024]).
Regarding claim 11, Wang disclose an analyzing method of performing a control (Wang; [0025-0044, 0058]) comprising:
driving a cuvette table where a plurality of cuvettes are disposed annularly so that the cuvette table performs intermittent rotation in which a resting state and a rotating state are repeatedly alternated, and each time the cuvette table rotates intermittently, a row of the plurality of cuvettes is displaced in the annular direction by a given number of cuvettes (Wang disclose a “reaction wheel” comprising inner ring 801 and outer ring 802 with cuvettes that rotate intermittently in cycles to position the cuvettes at different locations for sample testing; figs. 1 & 3, [0018, 0024-0045, 0054]);
performing pretreatment to a cuvette among the plurality of cuvettes that stands still at a pretreatment position in the resting state (Wang disclose pretreatment parts first reagent probe 201/202, second reagent probe 501/502, sample dispensing probe 300, sample stirring component 400, and reagent stirring component 601 perform pretreatment to a cuvette; fig. 3, [0025-0049, 0054]);
performing post treatment to a cuvette among the plurality of cuvettes that stands still at a post treatment position in the resting state (Wang disclose post treatment part cleaning component 100; fig. 3, [0025-0044, 0050, 0054]);
performing photometry to a cuvette that passes through a photometric position in the rotating state (Wang disclose photometry part 701 that detects cuvettes while rotating; fig. 3, [0024, 0051]); and
in the rotating state until the cuvette that stood still at the pretreatment position stands still at the post treatment position after the completion of the pretreatment, causing the cuvette to pass through the photometric position at a fixed rotational speed, each time the cuvette passes through the photometric position (Wang disclose acceleration and deceleration processes in the rotation period of every cycle where photoelectric data is unreliable. A number of cuvette positions are passed during these acceleration and deceleration processes where no data is collected on the cuvette. Only photoelectric data corresponding to cuvettes passing the detector with uniform velocity is gathered; [0024, 0051]. The cuvette photoelectric data is gathered 33 times after injecting the first reagent is performed, after which the test is complete [0042])).
Regarding claim 12, Wang disclose the analyzing method of claim 11 above, wherein the pretreatment is agitating processing in which reaction liquid in the cuvette is agitated, and wherein the pretreatment position is an agitating position where the agitating processing is performed (Wang disclose stirring component 400 to agitate reaction liquid in the cuvette during processing of the sample; fig. 3, #400, [0038, 0040, 0047]).
Regarding claim 13, Wang disclose the analyzing method of claim 11 above, wherein the pretreatment is dispensing processing in which sample or reagent is dispensed into the cuvette, and wherein the pretreatment position is a dispensing position where the dispensing processing is performed (Wang disclose dispensing reagent with reagent dispensers 201/202 and 501/502, and dispensing sample with sample dispensing component 300; fig. 3, [0035, 0037, 0039, 0045-0046, 0048]).
Regarding claim 14, Wang disclose the analyzing method of claim 11 above, wherein the post treatment is washing processing in which the cuvette is washed, and wherein the post treatment position is a washing position where the washing processing is performed (Wang disclose eight cuvette washing positions and steps; fig. 3, #100, [0025-0034, 0050]).
Regarding claim 16, Wang disclose the analyzing method of claim 11 above, wherein, in the rotating state where the cuvette passes through the photometric position at the fixed rotational speed, a specific number of cuvettes adjacent to each other forward and backward in the annular direction including the cuvette pass through the photometric position at the fixed rotational speed, and wherein the specific number of cuvettes is a number obtained by subtracting the number of cuvettes that stand still at the photometric position in the resting state, and the number of cuvettes that pass through the photometric position during acceleration or deceleration of the rotation of the cuvette table in the rotating state, from the given number of cuvettes (Wang disclose acceleration and deceleration processes in the rotation period of every cycle where photoelectric data is unreliable and passes a number of cuvette positions during these acceleration and deceleration processes. Only photoelectric data corresponding to cuvettes passing with uniform velocity is gathered; [0024]).
Regarding claim 17, Wang disclose a non-transitory computer-readable medium having stored thereon computer-executable instructions which, when executed by a computer, cause the computer (Wang disclose a computer with a computer readable storage medium that stores procedures and processor for performing operations; [0058]) to:
driving a cuvette table where a plurality of cuvettes are disposed annularly so that the cuvette table performs intermittent rotation in which a resting state and a rotating state are repeatedly alternated, and each time the cuvette table rotates intermittently, a row of the plurality of cuvettes is displaced in the annular direction by a given number of cuvettes (Wang disclose intermittent rotation of the reaction wheel to position the cuvettes at different locations for sample testing; fig. 3, [0024-0044, 0054]. Accordingly, the reaction wheel comprising an actuator configured to drive the cuvette table.);
performing pretreatment to a cuvette among the plurality of cuvettes that stands still at a pretreatment position in the resting state (Wang disclose pretreatment parts including first reagent probe 201/202, second reagent probe 501/502, sample dispensing probe 300, sample stirring component 400, and reagent stirring component 601; fig. 3, [0025-0049, 0054]);
performing post treatment to a cuvette among the plurality of cuvettes that stands still at a post treatment position in the resting state (Wang disclose post treatment part including cleaning component 100; fig. 3, [0025-0044, 0050, 0054]);
performing photometry to a cuvette that passes through a photometric position in the rotating state (Wang disclose photometry part 701 that detects cuvettes while rotating; fig. 3, [0024, 0051]); and
in the rotating state until the cuvette that stood still at the pretreatment position stands still at the post treatment position after the completion of the pretreatment, causing the cuvette to pass through the photometric position at a fixed rotational speed, each time the cuvette passes through the photometric position (Wang disclose acceleration and deceleration processes in the rotation period of every cycle where photoelectric data is unreliable. A number of cuvette positions are passed during these acceleration and deceleration processes where no data is collected on the cuvette. Only photoelectric data corresponding to cuvettes passing the detector with uniform velocity is gathered; [0024, 0051]. The cuvette photoelectric data is gathered 33 times after injecting the first reagent is performed, after which the test is complete [0042]).
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 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
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.
Claims 5, 9-10, 15 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Wang, and further in view of Wang et al. (US 2009/0104704 – hereinafter “Wang ‘704”).
Regarding claim 5, Wang teach the analyzer of claim 1 above, comprising the post treatment part.
Wang does not teach wherein the post treatment part includes a cuvette disposal part, and the post treatment is disposal processing in which the cuvette is discarded, and wherein the post treatment position is a disposal position where the disposal processing is performed.
However, Wang ‘704 teach the analogous art of an analyzer (Wang ‘704; fig. 1, #300, [0030]), comprising a cuvette table (Wang ‘704; fig. 1, #10, [0030]), a pretreatment part (Wang ‘704; fig. 1, #30, #40, [0030]), and a post treatment part (Wang ‘704; fig. 1, #70, [0033]), wherein the post treatment part includes a cuvette disposal part, and the post treatment is disposal processing in which the cuvette is discarded, and wherein the post treatment position is a disposal position where the disposal processing is performed (Wang ‘704 teach reaction vessel replacement mechanism 70 to make the operation of manual reaction vessel replacement more convenient; fig. 1, [0033, 0043]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the post treatment part of Wang with the post treatment part including a cuvette disposal part, as taught by Wang ‘704, because Wang ‘704 teach the cuvette disposal part may be configured to make it convenient for replacing the used reaction vessels as needed (Wang ‘704; [0033, 0043]). One of ordinary skill in the art would have expected this modification could have been performed with a reasonable expectation of success since Wang and Wang ‘704 both teach cuvettes in a reaction wheel for conducting an assay.
Regarding claim 9, Wang disclose the analyzer of claim 1 above, comprising the controller.
Wang does not teach wherein the controller causes the cuvette to stand still at the photometric position until the pretreatment of the cuvette is completed.
However, Wang ‘704 teach the analogous art of an analyzer (Wang ‘704; fig. 1, #300, [0030]), comprising a cuvette table (Wang ‘704; fig. 1, #10, [0030]), a pretreatment part (Wang ‘704; fig. 1, #30, #40, [0030]), a post treatment part (Wang ‘704; fig. 1, #70, [0033]), a photometry part (Wang ‘704; fig. 1, #50, [0030]), and a controller (Wang; fig. 1, #13, [0030]) wherein the controller causes the cuvette to stand still at the photometric position until the pretreatment of the cuvette is completed (Wang ‘704 teach photoelectric measurement position 104 (#5), where the controller controls the analyzer to stop at the photometric position until the pretreatment of the cuvette is completed; fig. 2, [0039, 0101]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify analyzer, controller, and method of Wang, to cause the cuvette to stand still at the photometric position until the pretreatment of the cuvette is completed, as taught by Wang ‘704, because Wang ‘704 teach the cuvette at the photometric position is part of an operation cycle which allows analysis of the sample (Wang ‘704; [0101]). One of ordinary skill in the art would have expected this modification could have been performed with a reasonable expectation of success since Wang and Wang ‘704 both teach cuvettes in a reaction wheel for conducting an assay.
Regarding claim 10, Wang teach the analyzer of claim 1 above, wherein the controller causes the cuvette, that stood still at the post treatment position, to stand still after at least one intermittent rotating operation (Wang; [0022]).
Wang does not teach the controller causes the cuvette to stand still at the photometric position after at least one intermittent rotating operation
However, Wang ‘704 teach the analogous art of an analyzer (Wang ‘704; fig. 1, #300, [0030]), comprising a cuvette table (Wang ‘704; fig. 1, #10, [0030]), a pretreatment part (Wang ‘704; fig. 1, #30, #40, [0030]), a post treatment part (Wang ‘704; fig. 1, #70, [0033]), a photometry part (Wang ‘704; fig. 1, #50, [0030]), and a controller (Wang; fig. 1, #13, [0030]) wherein the controller causes the cuvette to stand still at the photometric position after at least one intermittent rotating operation (Wang ‘704 teach photoelectric measurement position 104 (#5), where the controller controls the analyzer to stop at the photometric position during an operating cycle; fig. 2, [0039, 0101]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify analyzer, controller, and method of Wang, to cause the cuvette to stand still at the photometric position until the pretreatment of the cuvette is completed, as taught by Wang ‘704, because Wang ‘704 teach the cuvette at the photometric position is part of an operation cycle which allows analysis of the sample (Wang ‘704; [0101]). One of ordinary skill in the art would have expected this modification could have been performed with a reasonable expectation of success since Wang and Wang ‘704 both teach cuvettes in a reaction wheel for conducting an assay.
Regarding claim 15, Wang teach the analyzing method of claim 11 above, comprising the post treatment.
Wang does not teach wherein the post treatment is disposal processing in which the cuvette is discarded, and wherein the post treatment position is a disposal position where the disposal processing is performed.
However, Wang ‘704 teach the analogous art of an analyzer (Wang ‘704; fig. 1, #300, [0030]), comprising a cuvette table (Wang ‘704; fig. 1, #10, [0030]), a pretreatment part (Wang ‘704; fig. 1, #30, #40, [0030]), and a post treatment part (Wang ‘704; fig. 1, #70, [0033]), wherein the post treatment is disposal processing in which the cuvette is discarded, and wherein the post treatment position is a disposal position where the disposal processing is performed (Wang ‘704 teach reaction vessel replacement mechanism 70 to make the operation of manual reaction vessel replacement more convenient; fig. 1, [0033, 0043]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the post treatment part of Wang with the post treatment part including a cuvette disposal part, as taught by Wagn ‘704, because Wang ‘704 teach the cuvette disposal part may be configured to make it convenient for replacing the used reaction vessels as needed (Wang ‘704; [0033, 0043]). One of ordinary skill in the art would have expected this modification could have been performed with a reasonable expectation of success since Wang and Wang ‘704 both teach cuvettes in a reaction wheel for conducting an assay.
Regarding claim 19, Wang disclose the analyzer of claim 2 above, comprising the post treatment part.
Modified Wang does not teach wherein the post treatment part includes a cuvette disposal part, and the post treatment is disposal processing in which the cuvette is discarded, and wherein the post treatment position is a disposal position where the disposal processing is performed.
However, Wang ‘704 teach the analogous art of an analyzer (Wang ‘704; fig. 1, #300, [0030]), comprising a cuvette table (Wang ‘704; fig. 1, #10, [0030]), a pretreatment part (Wang ‘704; fig. 1, #30, #40, [0030]), and a post treatment part (Wang ‘704; fig. 1, #70, [0033]), wherein the post treatment part includes a cuvette disposal part, and the post treatment is disposal processing in which the cuvette is discarded, and wherein the post treatment position is a disposal position where the disposal processing is performed (Wang ‘704 teach reaction vessel replacement mechanism 70 to make the operation of manual reaction vessel replacement more convenient; fig. 1, [0033, 0043]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the post treatment part of Wang with the post treatment part including a cuvette disposal part, as taught by Wang ‘704, because Wang ‘704 teach the cuvette disposal part may be configured to make it convenient for replacing the used reaction vessels as needed (Wang ‘704; [0033, 0043]). One of ordinary skill in the art would have expected this modification could have been performed with a reasonable expectation of success since Wang and Wang ‘704 both teach cuvettes in a reaction wheel for conducting an assay.
Other References Cited
The prior art of made of record and not relied upon is considered pertinent to Applicant’s disclosure include:
Masaru (Translation of JP 2014206380A) teach an automatic analyzer comprising a cuvette table with pretreatment, post treatment, and detection positions.
Makiguchi et al. (US Patent No. 4,778,763) disclose an analyzer comprising a cuvette table where the transfer velocity of the reaction container is set to pass a photodetector at 0.1 m/s.
Weyrauch et al. (US Patent No. 5,314,825) disclose an automatic analyzer and method for control of a cuvette table.
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.
Conclusion
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/C.A.T./Examiner, Art Unit 1798
/BENJAMIN R WHATLEY/Primary Examiner, Art Unit 1798