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 .
Election/Restriction
The applicant's election of Group I, Claims 5, 6 and 8-13, in their reply dated 25 AUGUST 2025 is acknowledged. Claim 16 is withdrawn. Claims 5, 6 and 8-13 are considered on the merits below.
Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Status of Claims
In the election on 25 AUGUST 2025, Application has elected Group I: Claims 5, 6 and 8-13. Current pending claims are Claims 5, 6 and 8-13 and are considered on the merits below.
Claim 1-4, 7 and 14-15 are ‘Canceled’; Claim 16 is ‘Withdrawn’; Claims 5, 6 and 8-13 are ‘Previously Presented’.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05 JULY 2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
The information disclosure statement (IDS) submitted on 02 DECEMBER 2022 was filed. The submission 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 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 5, 10 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by TAKAYAMA, JP 2013-148516 A1.
An English machine translation has been obtained from espacenet.com. The English translation of the abstract, description and claims are included on PTO-892 and the translation has been used as the basis of the rejection below.
Applicant’s invention is directed towards a method.
Regarding Claim 5, the reference TAKAYAMA discloses a method for cleaning a dispensing probe included in an automatic analysis device configured to dispense a liquid, abstract, [0005, 0007, 0009], Figure 1, 3, the method comprising:
cleaning an inner surface of the dispensing probe, [0005, 0007, 0009, 0038], abstract,
wherein the cleaning the inner surface includes performing an inner surface liquid-feeding period in which a cleaning liquid is fed to an inside of the dispensing probe and an inner surface stop period in which the cleaning liquid is not fed, Figure 3, probe subjected to cleaning unit 71 with waster from pump 712, [0035, 0038], and performing the inner surface liquid-feeding period again after the inner surface stop period, [0033-0035, 0038], cleaning is performed on probe 14 with cleaning water in cleaning unit 71 and number of times is counted by counting unit 26, and
the inner surface stop period is configured to be a maximum value under a condition that a sum of the inner surface liquid-feeding periods, [0020, 0022, 0030, 0034], after reagent is dispensed and cleaning conditions are counted by counting unit 26 and cleaned in cleaning unit 71 and once a limit number is reached probe is clean by second cleaning unit 72 , the number of the inner surface liquid-feeding periods, and a sum of the inner surface liquid feeding periods and the inner surface stop periods are certain defined values, respectively, [0020-0022, 0030, 0032-0036].
Applicant’s invention is directed towards a method.
Regarding Claim 10, the TAKAYAMA reference discloses a method for cleaning a dispensing probe included in an automatic analysis device configured to dispense a liquid, abstract, [0005, 0007, 0009], Figure 1, 3, the method comprising:
cleaning an inner surface of the dispensing probe, [0005, 0007, 0009, 0038], abstract,
wherein the cleaning the inner surface includes cleaning the inner surface by repeating an inner surface liquid-feeding period in which a cleaning liquid is fed to an inside of the dispensing probe , [0033-0035, 0038], cleaning is performed on probe 14 with cleaning water in cleaning unit 71 by pump 712 with water and number of times is counted by counting unit 26, Figure 3, probe subjected to cleaning part 71, [0020, 0035], and an inner surface stop period in which the cleaning liquid is not fed, [0039, 0040], second terminal communicates with pump 712, closes and third terminal is opened,
the method further comprises cleaning an outer surface of the dispensing probe, [0033-0035, 0039, 0040], cleaning is performed on probe 14 with cleaning water in cleaning unit 71 with pump 711 and number of times is counted by counting unit 26, Figure 3, probe subjected to cleaning part 71, [0020, 0035],
the method initiates the cleaning the outer surface before initiating the cleaning the inner surface, [0035, 0039], the cleaning the outer surface includes one or more outer surface liquid-feeding periods in which a cleaning liquid is fed to the outer surface of the dispensing probe, and one or more outer surface stop periods in which the cleaning liquid is not fed, and the cleaning the outer surface includes, after a last one of the inner surface liquid-feeding period in the cleaning the inner surface is completed, starting a last one of the outer surface liquid- feeding period, [0039, 0040, 0043, 0044, 0053-0067].
Applicant’s invention is directed towards a method.
Regarding Claim 11, the TAKAYAMA reference discloses a method for cleaning a dispensing probe included in an automatic analysis device configured to dispense a liquid, abstract, [0005, 0007, 0009], Figure 1, 3, the method comprising:
cleaning an inner surface of the dispensing probe, [0005, 0007, 0009, 0038], abstract,
wherein the cleaning the inner surface includes cleaning the inner surface by repeating an inner surface liquid-feeding period in which a cleaning liquid is fed to an inside of the dispensing probe , [0033-0035, 0038], cleaning is performed on probe 14 with cleaning water in cleaning unit 71 by pump 712 with water and number of times is counted by counting unit 26, Figure 3, probe subjected to cleaning part 71, [0020, 0035], and an inner surface stop period in which the cleaning liquid is not fed, [0039, 0040], second terminal communicates with pump 712, closes and third terminal is opened,
the method further comprises cleaning an outer surface of the dispensing probe, [0033-0035, 0039, 0040], cleaning is performed on probe 14 with cleaning water in cleaning unit 71 with pump 711 and number of times is counted by counting unit 26, Figure 3, probe subjected to cleaning part 71, [0020, 0035],
the method initiates the cleaning the outer surface before initiating the cleaning the inner surface, [0035, 0039], the cleaning the outer surface includes one or more outer surface liquid-feeding periods in which a cleaning liquid is fed to the outer surface of the dispensing probe, and one or more outer surface stop periods in which the cleaning liquid is not fed, [0039, 0040],
the cleaning the outer surface includes, while the last inner surface liquid-feeding period in the cleaning the inner surface is performed, [0039, 0040], starting the last outer surface liquid-feeding period, [0038], and the cleaning the outer surface includes, after the last inner surface liquid-feeding period is completed, completing the last outer surface liquid-feeding period, [0035-0039, 0040, 0043, 0044, 0053-0067].
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 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 6, 8, 9, 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over TAKAYAMA, JP 2013-148516 A1.
An English machine translation has been obtained from espacenet.com. The English translation of the abstract, description and claims are included on PTO-892 and the translation has been used as the basis of the rejection below.
Applicant’s invention is directed towards a method.
Regarding Claim 6, the reference TAKAYAMA discloses a method for cleaning a dispensing probe included in an automatic analysis device configured to dispense a liquid, abstract, [0005, 0007, 0009], Figure 1, 3, the method comprising:
cleaning an inner surface of the dispensing probe, [0005, 0007, 0009, 0038], abstract,
wherein the cleaning the inner surface includes cleaning the inner surface by repeating an inner surface liquid-feeding period in which a cleaning liquid is fed to an inside of the dispensing probe, [0033-0035, 0038], cleaning is performed on probe 14 with cleaning water in cleaning unit 71 by pump 712 with water and number of times is counted by counting unit 26, Figure 3, probe subjected to cleaning part 71, [0020, 0035], and an inner surface stop period in which the cleaning liquid is not fed, [0039, 0040], second terminal communicates with pump 712, closes and third terminal is opened,
the cleaning the inner surface includes performing the inner surface liquid-feeding period twice or more, [0033-0035, 0038], cleaning is performed on probe 14 with cleaning water in cleaning unit 71 and number of times is counted by counting unit 26, wherein lengths of at least two of the inner surface liquid-feeding periods are different from each other, [0020, 0022, 0030, 0034], after reagent is dispensed and cleaning conditions are counted by counting unit 26 and cleaned in cleaning unit 71 and once a limit number is reached probe is clean by second cleaning unit 72.
The TAKAYAMA reference discloses the claimed invention, but is silent in regards to wherein each of the inner surface stop periods is 25% or more of a sum of the inner surface liquid- feeding periods and the inner surface stop periods.
While TAKAYAMA counts the number of time the probe is cleaned with cleaning unit 71 a desired number of times, [0043, 0044, 0053-0067], TAKAYAMA is also able to set the cleaning conditions set on the condition setting screen, [0053-0055, 0066].
Since, TAKAYAMA discloses and suggests the cleaning condition can be set by a user/operator, it would be obvious to one having ordinary skill in the art before the effective filing date to modify the cleaning condition such that each of the inner surface stop periods is 25% or more of a sum of the inner surface liquid- feeding periods and the inner surface stop periods, to sufficiently clean the probe between discharges/aspirations and reduce the throughput and cleaning liquid consumption due to cleaning liquid cleaning, [0067], at the end of the cleaning process.
Regarding Claim 8, the TAKAYAMA reference suggests the claimed invention of the method of claim 6, but is silent in regards to wherein in the cleaning the inner surface, a time length of each of the inner surface liquid-feeding periods is 20% or more of a sum of time lengths of all the inner surface liquid-feeding periods.
While TAKAYAMA counts the number of time the probe is cleaned with cleaning unit 71 a desired number of times, [0043, 0044, 0053-0067]. In addition, TAKAYAMA is able to set the cleaning conditions set on the condition setting screen, [0053-0055, 0057, 0066].
Since, TAKAYAMA discloses and suggests the cleaning condition can be set by a user/operator, it would be obvious to one having ordinary skill in the art before the effective filing date to modify the cleaning condition such that each of the inner surface stop periods is 20% or more of a sum of the inner surface liquid- feeding periods and the inner surface stop periods, to sufficiently clean the probe between discharges/aspirations and reduce the throughput and cleaning liquid consumption due to cleaning liquid cleaning, [0062, 0067], at the end of the cleaning process.
Regarding Claim 9, the TAKAYAMA reference suggests the claimed invention of the method of claim 8, including wherein the method further comprising: cleaning an outer surface of the dispensing probe, [0033-0035, 0039, 0040], cleaning is performed on probe 14 with cleaning water in cleaning unit 71 and outer surface is cleaned and number of times is counted by counting unit 26, Figure 3, probe subjected to cleaning part 71, [0020, 0035], wherein the cleaning the inner surface includes performing the inner surface liquid-feeding period three times or more, [0033-0035, 0053-0067], cleaning is performed on probe 14 with cleaning water in cleaning unit 71 and number of times is counted by counting unit 26, but is silent in regards to wherein the first surface liquid-feeding period is longest.
While TAKAYAMA counts the number of time the probe is cleaned with cleaning unit 71 a desired number of times, [0043, 0044, 0053-0067], TAKAYAMA is also able to set the cleaning conditions set on the condition setting screen, [0053-0055, 0057, 0066].
Since, TAKAYAMA discloses and suggests the cleaning condition can be set by a user/operator, it would be obvious to one having ordinary skill in the art before the effective filing date to modify the cleaning condition of wherein the first surface liquid-feeding period is longest to reduce the throughput and cleaning liquid consumption due to cleaning liquid cleaning, [0062, 0067], at the end of the cleaning process.
Applicant’s invention is directed towards a method.
Regarding Claim 12, the TAKAYAMA reference discloses a method for cleaning a dispensing probe included in an automatic analysis device configured to dispense a liquid, abstract, [0005, 0007, 0009], Figure 1, 3, the method comprising :
cleaning an inner surface of the dispensing probe, [0005, 0007, 0009, 0038], abstract,
wherein the cleaning the inner surface includes cleaning the inner surface by repeating an inner surface liquid-feeding period in which a cleaning liquid is fed to an inside of the dispensing probe, [0033-0035, 0038], cleaning is performed on probe 14 with cleaning water in cleaning unit 71 by pump 712 with water and number of times is counted by counting unit 26, Figure 3, probe subjected to cleaning part 71, [0020, 0035], and an inner surface stop period in which the cleaning liquid is not fed, [0039, 0040], second terminal communicates with pump 712, closes and third terminal is opened,
the method further comprises cleaning an outer surface of the dispensing probe, [0033-0035, 0039, 0040], cleaning is performed on probe 14 with cleaning water in cleaning unit 71 with pump 711 and number of times is counted by counting unit 26, Figure 3, probe subjected to cleaning part 71, [0020, 0035],
the method initiates the cleaning the outer surface before initiating the cleaning the inner surface, [0035, 0039], the cleaning the outer surface includes one or more outer surface liquid-feeding periods in which a cleaning liquid is fed to the outer surface of the dispensing probe, and one or more outer surface stop periods in which the cleaning liquid is not fed, the cleaning the outer surface includes, after a second-to-last one of the inner surface liquid- feeding period in the cleaning the inner surface is completed, [0039, 0040, 0043, 0044, 0053-0067],
The TAKAYAMA reference suggests the claimed invention, but is silent in regards to wherein the method is defined that before a last one of the inner surface liquid-feeding period is started, starting a last one of the outer surface liquid-feeding period, and the cleaning the outer surface includes, after the last inner surface liquid-feeding period is completed, completing the last outer surface liquid-feeding period.
While TAKAYAMA counts the number of time the probe is cleaned with cleaning unit 71 a desired number of times, [0043, 0044, 0053-0067], TAKAYAMA is also able to set the cleaning conditions set on the condition setting screen, [0053-0055, 0066].
Since, TAKAYAMA discloses and suggests the cleaning condition can be set by a user/operator, it would be obvious to one having ordinary skill in the art before the effective filing date to modify the cleaning condition such that before a last one of the inner surface liquid-feeding period is started, starting a last one of the outer surface liquid-feeding period, and the cleaning the outer surface includes, after the last inner surface liquid-feeding period is completed, completing the last outer surface liquid-feeding period to reduce the throughput and cleaning liquid consumption due to cleaning liquid cleaning, [0062, 0067], at the end of the cleaning process.
Applicant’s invention is directed towards a method.
Regarding Claim 13, the TAKAYAMA reference discloses a method for cleaning a dispensing probe included in an automatic analysis device configured to dispense a liquid, abstract, [0005, 0007, 0009], Figure 1, 3, the method comprising:
cleaning an inner surface of the dispensing probe, [0005, 0007, 0009, 0038], abstract,
wherein the cleaning the inner surface includes cleaning the inner surface by repeating an inner surface liquid-feeding period in which a cleaning liquid is fed to an inside of the dispensing probe, [0033-0035, 0038], cleaning is performed on probe 14 with cleaning water in cleaning unit 71 by pump 712 with water and number of times is counted by counting unit 26, Figure 3, probe subjected to cleaning part 71, [0020, 0035], and an inner surface stop period in which the cleaning liquid is not fed, [0039, 0040], second terminal communicates with pump 712, closes and third terminal is opened.
The TAKAYAMA reference discloses the claimed invention, but is silent in regards to wherein the cleaning the inner surface includes feeding the cleaning liquid at a first flow rate from a first one of the inner surface liquid-feeding period to a second-to-last one of the inner surface liquid-feeding period, and the cleaning the inner surface includes feeding the cleaning liquid at a second flow rate lower than the first flow rate in the last inner surface liquid-feeding period.
While TAKAYAMA counts the number of time the probe is cleaned with cleaning unit 71 a desired number of times, [0043, 0044, 0053-0067]. In addition, TAKAYAMA is able to set the cleaning conditions set on the condition setting screen, [0066] and the device of TAKAYAMA includes cleaning pumps 711 and 712, [0039, 0040].
Since, TAKAYAMA discloses and suggests the cleaning condition can be set by a user/operator, it would be obvious to one having ordinary skill in the art before the effective filing date to modify the cleaning condition such that the cleaning the inner surface includes feeding the cleaning liquid at a first flow rate from a first one of the inner surface liquid-feeding period to a second-to-last one of the inner surface liquid-feeding period, and the cleaning the inner surface includes feeding the cleaning liquid at a second flow rate lower than the first flow rate in the last inner surface liquid-feeding period to sufficiently clean the probe between discharges/aspirations, more strongly cleaned when using water as opposed to a cleaning liquid and reduce the throughput and cleaning liquid consumption due to cleaning liquid cleaning, [0041, 0067], at the end of the cleaning process.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Publication No. 2014/0186234 A1 to MARUYAMA which discloses an automatic analyzer, Figure 2, analysis unit 24, [0029], comprising: a dispensing mechanism which is equipped with a probe which performs liquid aspiration and discharge, Figure 2, sample dispensing probe 16 which performs a dispensing operation for sucking each sample in the sample container 17, [0029]; a syringe pump which is connected to the probe and performs the liquid aspiration and discharge, Figure 2, a sample dispensing pump 16a which controls the sample dispensing probe 16 to suck and discharge a sample, [0029]; a feed pump which feeds washing water for washing the inside of the probe to the probe via the syringe pump, Figure 5, pump 731, first cleaning liquid is water, [0055, 0074]; a detergent storage part which stores a detergent which washes the probe, Figure 5, second tank 712 stores the second cleaning solution (for example, an alkaline cleaning liquid), [0055]; a washing tank which is adapted to wash the probe, [0064-0068]; and a controller which controls the dispensing mechanism and the syringe pump, Figures 2, 5 and 6, [0025]; wherein the controller, in a case of washing the probe by sucking the detergent by the probe a plurality of times, controls the syringe pump so as to discharge the detergent in the washing tank after sucking the detergent in the detergent storage part and to suck the next detergent in the detergent storage tank without feeding the washing water to the probe by the feed pump, [0068-0082].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE T MUI whose telephone number is (571)270-3243. The examiner can normally be reached on M-Th 6 am-4 pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LYLE ALEXANDER can be reached on (571) 272-1154. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
CTM
/CHRISTINE T MUI/Primary Examiner, Art Unit 1797