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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on April 14, 2023, April 4, 2024, September 23, 2024, November 25, 2024, December 24, 2024, July 18, 2025, and September 3, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 29-32, 35-36, and 39 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Friedman et al (US 2012/134769).
As to claim 29, Friedman et al discloses a gripper apparatus (104), as illustrated in Figures 1-6A, configured to grasp a closed receptacle (106) having a receptacle (106A) and a closure (106B) affixed to an open top end of the receptacle (see Figures 1B and 1C), the gripper apparatus comprising opposed jaw members capable of lateral movement (opposing jaws 128A, 128B of the first gripper component 128 may be actuated to move a first finger 134A and a second finger 134B (a first finger pair) that are mechanically coupled to the jaws 128A – see paragraph [0045]), between an open position and a first closed position (jaws 130A, 130B also be moveable to open and close – see paragraph [0045] and Figure 1C), the jaw members being configured to grasp the closed receptacle when the closed receptacle is situated between the jaw members at the first closed position, and the jaw members being configured to release the closed receptacle at the open position; and a plurality of fingers (134A,134B,140A,140B), each of the jaw members having at least one of the plurality of fingers depending from a base thereof (a first finger 134A and a second finger 134B (a first finger pair) that are mechanically coupled to the jaws 128A,128B – see paragraph [0045]), wherein the plurality of fingers are configured to grasp a sidewall of the closure beneath a top surface of the closure (grip the cap 106B (e.g., on the sides thereof) – see paragraph [0045]) when the closure is situated (i) between the plurality of fingers (the second pair of fingers 140A, 140B may be adapted to contact and grip the cap 106B (e.g., on the sides thereof) – see paragraph [0045]) and (ii) beneath the base of each of the jaw members as the jaw members move laterally toward each other from the open position (the first pair of fingers 134A,134B may be adapted to contact and grip the sample tube body 106A – see paragraph [0045]) and wherein the plurality of fingers grasp the sidewall of the closure at a second closed position (the second pair of fingers 140A, 140B may be adapted to contact and grip the cap 106B (e.g., on the sides thereof) – see paragraph [0045]).
With claim 30, the jaw members are configured to grasp the sidewall of the closure at the first closed position (the second pair of fingers 140A, 140B may be adapted to contact and grip the cap 106B (e.g., on the sides thereof) – see paragraph [0045] and Figures 1C,1E-1F).
With claim 31, the plurality of fingers is configured to be in contact or near contact with the receptacle when the jaw members grasp the sidewall of the closure at the first closed position (the second pair of fingers 140A, 140B may be adapted to contact and grip the cap 106B (e.g., on the sides thereof) – see paragraph [0045] and Figures 1C,1E-1F).
With claim 32, each of the jaw members has a contoured engagement face for grasping the sidewall of the closure, and wherein the closure and the receptacle each have a cylindrical shape (see Figure 1D).
With claim 35, each of the jaw members has two or more of the plurality of fingers depending from the base thereof (see Figures 1A-3F).
With claim 36, each of the plurality of fingers comprises an inner surface having a contact face configured to engage the sidewall of the closure when the closure is situated beneath the base of each of the jaw members and between the plurality of fingers at the second closed position (see Figures 1A-3F).
With claim 39, a robotic handler (102) comprising the gripper apparatus; and a gantry operatively supporting the gripper apparatus and configured to provide the gripper apparatus with XYZ movement
(the robotic apparatus 102 may be an XYZ-axis robot with X-axis, Y-axis, and Z-axis motion capability; raise and/or lower the gripper apparatus 104 in the Z-axis, travel along the X-axis direction and along the Y-axis direction (into and out of the paper in FIG. 1A), and then lower the gripper apparatus 104 to place the sample container 106 into a receptacle 110 – see paragraph [0040]).
Allowable Subject Matter
Claims 33-34, 37-38, and 40-48 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bantug, Lair, Itoh, Taike, and Morgan are cited as being relevant art, because each prior art discloses gripper apparatus comprising jaw members and a plurality of fingers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN VU whose telephone number is (571)272-1961. The examiner can normally be reached Monday-Friday, 8:00 am - 4:30 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gene Crawford can be reached at (571) 272-6911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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STEPHEN VU
Primary Examiner
Art Unit 3651
/STEPHEN A VU/Primary Examiner, Art Unit 3651