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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/30/2026 has been entered.
Remarks
This office action fully acknowledges Applicant’s remarks and amendments filed on 30 January 2026.
Claims 1-6 are pending.
Claims 1 and 3-6 are amended.
No claims are cancelled.
No claims are withdrawn.
No claims are newly added.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Niiyama et al. (JP 2014/134484 A), hereinafter “Niiyama”, in view of Nakasawa et al. (US 2015/0044096 A1), hereinafter “Nakasawa”.
Regarding Claim 1, Niiyama teaches an automatic analyzer comprising:
a reagent bottle installation unit 100 (Fig. 1) that comprises a nozzle 106 (Fig. 10), a nozzle drive (Given that Figs. 10 and 12 show the probe 107 (corresponding to the nozzle 106 given that both the nozzle and the stirrer pass through the opening 110: “When the dispensing mechanism 106 accesses the reagent container 101 on the reagent disk 102 or when the magnetic particle agitation mechanism 107 accesses the reagent container 101, the dispensing hole lid 300 does not become an obstacle, and smooth dispensing and stirring operations can be performed.”) being driven through the opening 110, the nozzle 106 must necessarily comprise a nozzle drive for effecting such movement.), a stopper 300 (Fig. 10), and a stopper drive (“When a load clockwise in the R direction in FIG. 4 is applied to the dispensing hole lid 300 by the arm 210 of the reagent container moving mechanism 105, the spring 304 contracts, and the dispensing hole 109 and the stirring hole 110 are blocked by the dispensing hole lid 300.”), wherein the reagent bottle installation unit 100 is configured to install a reagent bottle 101 containing a reagent used for analysis (Figs. 1 and 6, and [0016]: “The reagent disk 102 is a device for storing and storing a large number of reagent containers 101”); wherein:
the nozzle 106 provides a supply flow path that connects a location where the reagent is used and an inside of the reagent bottle 101 installed in the reagent bottle installation unit 102 to the reagent bottle 101 (Fig. 1 and [0028]: “The reagent dispensing mechanism 106 is a mechanism that sucks a predetermined amount of reagent from the reagent container 101 stored in the reagent container storage device 100 and discharges the reagent to the reaction container on the reaction container holder 111 in the horizontal and vertical directions.”);
the stopper 300 is disposed on a movement path of the nozzle 106 and configured to prevent the nozzle from being inserted into the reagent bottle 101 when in a first position (Fig. 10), and further to allow the muzzle to be inserted into the reagent bottle when in a second position (Fig. 12) (See also [0023]: “When a load clockwise in the R direction in FIG. 4 is applied to the dispensing hole lid 300 by the arm 210 of the reagent container moving mechanism 105, the spring 304 contracts, and the dispensing hole 109 and the stirring hole 110 are blocked by the dispensing hole lid 300. As a result, the outside air and the air in the reagent container storage device 100 can be blocked.” – Fig. 10 shows the stopper 300 as blocking a movement path of the nozzle, blocking it from insertion into the reagent bottle. -- “When the dispensing mechanism 106 accesses the reagent container 101 on the reagent disk 102 or when the magnetic particle agitation mechanism 107 accesses the reagent container 101, the dispensing hole lid 300 does not become an obstacle, and smooth dispensing and stirring operations can be performed.”),
the nozzle drive moves the nozzle on the movement path from above the stopper to a position in which the nozzle is inserted into the reagent bottle when the stopper is in the second position (Figs. 10 and 12: the hole lid 300 is actuated by the rotation base 201.), and
a control unit (Fig. 1: “control device 130”),
as in Claim 1.
Further regarding Claim 1, Niiyama does not specifically teach the automatic analyzer discussed above wherein the control unit is configured to control the stopper drive that drives the stopper by: determining, based at least in part on reagent information associated with the reagent bottle, whether the reagent bottle comprises a reagent bottle desired to be installed or a reagent bottle undesired to be installed; in response to determining that the reagent bottle comprises a reagent bottle undesired to be installed, controlling the stopper drive that drives the stopper to restrict a movement of the nozzle; and in response to determining that the reagent bottle comprises a reagent bottle desired to be installed, controlling the stopper drive that drives the stopper to forgo restricting the movement of the nozzle, as in Claim 1.
However, Nakasawa teaches a respective automatic analyzer comprising an RFID reader that reads RFID information associated with reagent bottles/containers so as to determine if the reagent bottle is correct before performing further operations involving the reagent container ([0043]: “In step S520, the determination unit 20A confirms the reagent container information to be loaded from the reagent container information read by the RFID reader 32. Thereafter, in step S530, the drive control unit 20B controls the reagent container transport mechanism 17 to take out the target reagent container from the second reagent disk 16.”), wherein this arrangement reduces error related to an incorrect reagent container being installed.
Thus, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify the automatic analyzer of Niiyama wherein the control unit is configured to control the stopper drive that drives the stopper by: determining, based at least in part on reagent information associated with the reagent bottle, whether the reagent bottle comprises a reagent bottle desired to be installed or a reagent bottle undesired to be installed; in response to determining that the reagent bottle comprises a reagent bottle undesired to be installed, controlling the stopper drive that drives the stopper to restrict a movement of the nozzle; and in response to determining that the reagent bottle comprises a reagent bottle desired to be installed, controlling the stopper drive that drives the stopper to forgo restricting the movement of the nozzle, such as suggested by Nakasawa so as to reduce errors related to incorrect reagent use in assays requiring particular reagent.
Regarding Claim 2, the prior art meets the limitations of Claim 1 as discussed above. Further, as best understood by the claim, Niiyama teaches the automatic analyzer discussed above wherein the stopper is disposed on the movement path where a length from an upper end to a lower end of the nozzle is equal to a movement distance of the nozzle, when the nozzle moves from above the stopper to the position where the nozzle is inserted into the reagent bottle (Figs. 10 and 12 show the nozzle having an upper-end to lower-end length equal to the movement distance of the nozzle respective to the position of the stopper 300 which plugs the hole 110 through which the nozzle is inserted, thereby defining the upper and lower end lengths – see further para. [0010]. Further note, as discussed above, while the figures show stirring mechanism 107 as being inserted, the stirring mechanism merely represents an option of several probes as shown in Fig. 1, including the nozzle 106. – Further note that the amended recitation “when the nozzle moves from above the stopper to the position where the nozzle is inserted into the reagent bottle” converts the claim to a conditional process recitation not positively required by the claim and thereby not afforded patentable weight.), as in Claim 2.
Regarding Claim 3, the prior art meets the limitations of Claim 1 as discussed above. Further, Niiyama teaches the automatic analyzer discussed above wherein the stopper drive fastens the stopper except for a timing at which the reagent bottle is replaced ([0038]: “the control device 130 closes the dispensing hole 109 and the agitation hole 110 with the dispensing hole lid 300 when the operator determines that the operator may leave the device for a long time or the device power-off state, and the reagent.”), as in Claim 3.
Regarding Claim 4, the prior art meets the limitations of Claim 3 as discussed above. Further, Niiyama does not specifically teach the automated analyzer discussed above further comprising: an RFID reader that reads the reagent information, wherein the reagent information is recorded on an RFID tag attached to the reagent bottle, as in Claim 4.
However, Nakasawa teaches a respective automatic analyzer comprising an RFID reader that reads RFID information associated with reagent bottles/containers so as to determine if the reagent bottle is correct before performing further operations involving the reagent container ([0043]: “In step S520, the determination unit 20A confirms the reagent container information to be loaded from the reagent container information read by the RFID reader 32. Thereafter, in step S530, the drive control unit 20B controls the reagent container transport mechanism 17 to take out the target reagent container from the second reagent disk 16.”), wherein this arrangement reduces error related to an incorrect reagent container being installed.
Thus, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify the automatic analyzer of Niiyama further comprising: an RFID reader that reads the reagent information, wherein the reagent information is recorded on an RFID tag attached to the reagent bottle, such as suggested by Nakasawa, so as to reduce error related to an incorrect reagent container being installed; and would have a reasonable expectation of success therein.
Regarding Claim 5, the prior art meets the limitations of Claim 1 as discussed above. Further, Niiyama teaches the automatic analyzer discussed above wherein the control unit is further configured to: control the nozzle drive that moves the nozzle to control the movement of the nozzle, wherein the nozzle control unit fastens the nozzle except for a timing at which the reagent bottle is replaced ([0036]: “The control device 130 creates an analysis plan based on a measurement request from the operator, and based on this plan, an initial preparation operation performed before the analysis process, a dispensing operation of each part, an analysis process of the detection result of the detection unit, etc. The operation of each mechanism of the automatic analyzer is controlled and analysis is performed.”), as in Claim 5.
Regarding Claim 6, the prior art meets the limitations of Claim 5 as discussed above. Further, Niiyama does not specifically teach the automated analyzer discussed above wherein the control unit is further configured to control the nozzle drive that moves the nozzle by: in response to determining that the reagent bottle comprises a reagent bottle desired to be installed, controlling the nozzle drive that moves the nozzle to remain at the position in which the nozzle is inserted into the reagent bottle; and in response to determining that the reagent bottle comprises a reagent bottle undesired to be installed, controlling the nozzle drive that moves the nozzle to move the nozzle to a position at which the nozzle is not inserted into the reagent bottle, as in Claim 6.
However, Nakasawa teaches a respective automatic analyzer comprising an RFID reader that reads RFID information associated with reagent bottles/containers so as to determine if the reagent bottle is correct before performing further operations involving the reagent container ([0043]: “In step S520, the determination unit 20A confirms the reagent container information to be loaded from the reagent container information read by the RFID reader 32. Thereafter, in step S530, the drive control unit 20B controls the reagent container transport mechanism 17 to take out the target reagent container from the second reagent disk 16.”), wherein this arrangement reduces error related to an incorrect reagent container being installed.
Thus, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify the device of Niiyama wherein the control unit is further configured to control the nozzle drive that moves the nozzle by: in response to determining that the reagent bottle comprises a reagent bottle desired to be installed, controlling the nozzle drive that moves the nozzle to remain at the position in which the nozzle is inserted into the reagent bottle; and in response to determining that the reagent bottle comprises a reagent bottle undesired to be installed, controlling the nozzle drive that moves the nozzle to move the nozzle to a position at which the nozzle is not inserted into the reagent bottle, such as suggested by Nakasawa, so as to reduce errors related to incorrect reagent use when an incorrect reagent container is installed.
Response to Arguments
35 USC 112
Applicant’s amendments overcome those rejections set forth under 35 USC 112(b) by the previous office action, and upon further consideration of the “reagent bottle installation unit” as “a nozzle, a nozzle drive, a stopper, and a stopper drive” interpreting the “installation” aspect broadly to encompass establishing fluid communication with the reagent bottle, not particularly requiring an installation surface to satisfy the “installation” function. As such, the corresponding rejections under 35 USC 112(b) and claim interpretation under 35 USC 112(f) of “reagent bottle installation unit are withdrawn.
35 USC 102
Applicant’s arguments are on the grounds that Niyama allegedly does not teach “determining, based at least in part on reagent information associated with the reagent bottle, whether the reagent bottle comprises a reagent bottle desired to be installed or a reagent bottle undesired to be installed;in response to determining that the reagent bottle comprises a reagent bottle undesired to be installed, controlling the stopper drive that drives the stopper to restrict a movement of the nozzle; andin response to determining that the reagent bottle comprises a reagent bottle desired to be installed, controlling the stopper drive that drives the stopper to forgo restricting the movement of the nozzle” as in the amended Claim 1.
Applicant’s arguments are not persuasive because this deficiency in Niiyama is cured by obvious modification suggested by Nakasawa, previously applied over Claims 4 and 6 herein and applied over Claim 1 as necessitated by Applicant’s amendments, wherein Nakasawa provides for confirmation of reagent bottle correctness prior to performing dispensing operations, wherein one skilled in the art would find it obvious to apply this aspect to Niiyama so as to reduce errors related to incorrect reagent bottle installation.
Thus, Examiner sets forth the rejection of Claims 1-6 as unpatentable under 35 USC 103 over Niiyama in view of Nakasawa, as necessitated by Applicant’s amendments.
35 USC 103
Applicant’s arguments are that as Claim 1 is allegedly allowable, Claims 4 and 6 are allowable for their dependence on Claim 1 and incorporation of the subject matter of Claim 1.
This is not persuasive because, as discussed above, Claim 1 is set forth as rejected under 35 USC 103 as unpatentable by Niiyama in view of Nakasawa. Thus, claims which depend from Claim 1 are not allowable merely by virtue of dependence.
Conclusion
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/B.J.K./Examiner, Art Unit 1798
/NEIL N TURK/Primary Examiner, Art Unit 1798