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 .
Response to Amendment
The Amendment filed on 4/30/2026 has been entered. Claims 1-12, 15 and 18-22 remain pending in the application. Applicant’s amendments to the claims have overcome each and every 112(b) rejection previously set forth in the non-final Office Action mailed 12/1/2025.
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 (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 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.
Claim(s) 1-7, 10-12 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over United States Patent No. 5,795,547, hereinafter Moser in view of United States Application Publication No. 2004/0065655, hereinafter Brown.
Regarding claim 1, Moser teaches a thermal cycler (item 2) comprising: a thermal block housing (items 33, 34, 36, 39 and the socket part and structure of item 44) comprising a thermal block (item 33) accommodating a reaction vessel (figure 2), a temperature control portion (items 36 and 39) comprising a heat generating element (item 36) and a heat sink (item 39) for controlling a temperature of the thermal block (intended use MPEP § 2114 (II) and is taught in column 4, lines 41-51), and a lower frame (the socket part and structure of item 44) located at a lower side of the heat sink (figure 2); a support frame (the housing eclosing the lower half in figure 2) provided at the lower side of the thermal block housing (figure 2); and a damping module (item 41-43 and the ball of item 44) configured to provide a movable range in the up and down directions for the thermal block housing (item 41 would allow the thermal block housing to move in the up and down directions), wherein each of the damping modules comprises a fastening member (items 42, 43 and the ball of item 44) configured to couple the lower frame of the thermal block housing to the support frames (items 42, 43 and the ball of item 44 connect to items 33, 34, 36, 39 and the socket part and structure of item 44 and is therefore considered to be coupled) and an elastic member (item 41) provided between the thermal block housing (figure 2) and the support frame configured to elastically support the thermal block housing while the lower frame is spaced apart from the support frame (figure 2), wherein a depth at which the fastening member is coupled to the lower frame or the support frame is adjusted to adjust a separation distance at which the thermal block housing is separated from the support frame (intended use MPEP § 2114 (II) and the depth is able to be adjusted by pushing or pulling down on the thermal block housing).
Moser fails to teach the damping module is a plurality of damping modules.
Brown teaches a device in which a plurality of springs are utilized to distribute the force uniformly on the plate (Brown, paragraph [0012]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have utilized a plurality of damping modules because it would uniformly distribute the force on the thermal block housing uniformly (Brown, paragraph [0012]).
Regarding claim 2, Moser teaches wherein the thermal block housing comprises an upper frame (item 34) in which the thermal block is accommodated (figure 2).
Regarding claim 3, Moser teaches wherein the fastening member is inserted into and coupled to a first insertion hole in the lower frame (figure 2, the hole where item 42 is and item 42 doing the coupling) and a second insertion hole in the support frame (figure 2, the socket of item 44).
Regarding claim 4, Moser teaches wherein the first insertion hole comprises a first accommodating portion opened downward for accommodating the upper end of the elastic member (figure 2).
Regarding claim 5, Moser teaches wherein the second insertion hole comprises a second accommodating portion opened upward for accommodating the lower end of the elastic member (figure 2).
Regarding claim 6, Moser teaches wherein the elastic member is provided to be penetrated by the fastening member (figure 2).
Regarding claim 7, Moser teaches wherein the first insertion hole is provided to penetrate the lower frame up and down (figure 2), and the lower frame is provided to be movable up and down with respect to the fastening member (intended use MPEP § 2114 (II) and the lower frame would be able to be moved up and down with respect to the lower portion of the fastening member).
Regarding claim 10, Moser teaches wherein the second insertion hole is provided to penetrate the support frame up and down (figure 2), and the support frame is provided to be movable up and down with respect to the fastening member (intended use MPEP § 2114 (II) and the support frame would be able to be moved up and down with respect to the upper portion of the fastening member).
Regarding claim 11, Moser teaches wherein the support frame comprises a support portion (the portion connecting to item 42) protruding from the inner circumferential surface of the second insertion hole (figure 2), and the fastening member comprises a head portion supported by the support portion at the lower side of the second insertion hole (figure 2).
Regarding claim 12, Moser teaches wherein the fastening member is screwed to the lower frame (column 5, lines 1-4).
Regarding claim 21, Moser teaches wherein the thermal block housing is provided with a heat dissipation fan (item 45) for supplying air to the thermal block through a space between an upper frame and a lower frame (figure 2).
Claim(s) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moser and Brown as applied to claim 7 above, and further in view of United States Application Publication No. 2017/0058245, hereinafter Shah.
Regarding claim 8, Moser and Brown teach all limitations of claim 7; however, they fail to teach wherein the lower frame comprises a support portion protruding from the inner circumferential surface of the first insertion hole, and the fastening member comprises a head portion supported by the support portion at an upper side of the first insertion hole.
Shah teaches a heating device with each spring fixed at both ends of the spring which allows for the heating blocks and springs to move leftward and return to their original positions (Shah, paragraph [0057]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have fixed both ends of the spring in the same manner as the lower end of the spring of Moser (with the support portion being the portion connecting to item 42 protruding from the inner circumferential surface in the same manner as the second insertion hole (figure 2), and the fastening member comprises a head portion supported by the support portion at the lower side of the in the same manner as the second insertion hole (figure 2)) because it would allow for the heating blocks and springs to move leftward and return to their original positions (Shah, paragraph [0057]).
Regarding claim 9, Moser and Brown teach all limitations of claim 7; however, they fail to teach wherein the fastening member is screwed to the support frame.
Shah teaches a heating device with each spring fixed at both ends of the spring which allows for the heating blocks and springs to move leftward and return to their original positions (Shah, paragraph [0057]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have fixed both ends of the spring in the same manner as the lower end of the spring of Moser (wherein the fastening member is screwed in the same manner as the lower frame (column 5, lines 1-4)) because it would allow for the heating blocks and springs to move leftward and return to their original positions (Shah, paragraph [0057]).
Claim(s) 15 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moser and Brown as applied to claim 1 above, and further in view of CN 108587897, hereinafter Nie.
Regarding claims 15 and 18, Moser and Brown teach all limitations of claim 1; however, they fail to teach a rail frame coupled to the support frame and a driving unit for providing power in the linear direction.
Nie teaches a PCR amplification device in which a temperature control component is connected to a first guide rail (Nie, item 11) so that the temperature control module can move horizontally (Nie, page 5, paragraph 11) and a drive mechanism so that the device is able to move each component (Nie, page 6, paragraph 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have added a rail connected to the support frame because it would allow for the thermal block housing to move horizontally (Nie, page 5, paragraph 11) and a driving unit connected to the rail because it would allow the device to control and move the thermal housing (Nie, page 6, paragraph 3).
Claim(s) 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moser and Brown as applied to claim 1 above, and further in view of United States Application Publication No. 2001/0019826, hereinafter Ammann.
Regarding claims 19 and 20, Moser and Brown teach all limitations of claim 1; however, they fail to teach a sensor module for generating a signal when the distance between the thermal block housing and the support frame is less than or equal to a predetermined distance; wherein the sensor module comprises a tab provided in the thermal block housing and a sensor positioned in a movement path of the tab, the sensor is provided with a receiving portion and a transmitting portion facing each other, and the tab is inserted between the receiving portion and the transmitting portion as the thermal block housing is lowered.
Ammann teaches an automated device which has a sensor module (Ammann, items 424 and 426) for generating a signal when the distance between the thermal block housing and the support frame is less than or equal to a predetermined distance (intended use MPEP § 2114 (II) and is taught in Ammann, paragraph [0216]); wherein the sensor module comprises a tab (Ammann, item 424) provided in the thermal block housing and a sensor (Ammann, item 426) positioned in a movement path of the tab (Ammann, paragraph [0216]), the sensor is provided with a receiving portion and a transmitting portion facing each other (Ammann, paragraph [0216]), and the tab is inserted between the receiving portion and the transmitting portion as the thermal block housing is lowered (Ammann, paragraph [0216]) as this allows for the system to know the location of the containers (Ammann, paragraph [0216]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have added the sensor module of Ammann to the device of Moser because it would allow for the thermal cycler to know the position of the thermal block housing (Ammann, paragraph [0216]).
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moser as applied to claim 21 above, and further in view of United States Application Publication No. 2016/0144366, hereinafter Sugiyama.
Regarding claim 22, Moser and Brown teach all limitations of claim 21; however, they fail to teach the lower frame is provided with an inclined surface that is inclined to lower the height on the side facing the heat dissipation fan and the opposite side.
Sugiyama teaches a nucleic acid amplification device with a fin cover which is included toward a direction away from the fan (Sugiyama, claim 26) to increase the intake/discharge efficiency of the fan (Sugiyama, paragraph [0053]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have made the lower frame with an inclined surface as described because it would increase the intake/discharge efficiency of the fan (Sugiyama, paragraph [0053]).
Response to Arguments
Applicant's arguments filed 4/30/2026 have been fully considered but they are not persuasive.
Regarding applicant’s argument regarding the lower frame and the heat sink is not found persuasive. The lower frame has been changed to be the socket and structure of item 44 which is a separate structure from the heat sink (item 39) and the lower frame is considered to be coupled to the heat sink.
In response to applicant's argument that the damping elements do not provide a movable range in the up and down directions for the thermal block housing, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In this case, the thermal block housing is capable of being moved up and down while sitting on the damping elements, thereby reading on the instant claims.
Regarding applicant’s argument that the fastening member is not configured to couple the lower frame of the thermal block housing to the support frame is not found persuasive. The applicant has not specified what is meant by the term “couple” and therefore the items 42, 43 and the ball of item 44 which press the thermal block housing upwards is coupling the structures together as it is touching and therefore “coupling” the two structures together. Furthermore, as items 42, 43 and the ball of item 44 are pushing the thermal block housing upwards, and it is prevented from further moving upwards based upon the cover, the fastening member of Moser is coupling the thermal block housing to the support frame and the thermal block housing is not able to be moved outside of the support frame.
In response to applicant's argument that Moser fails to teach adjusting a depth at which the fastening member is coupled to the lower frame, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In this case, the thermal block housing is capable of being moved and therefore “adjusted” while sitting on the fastening member, thereby reading on the instant claims. Additionally, adjusting item 43 would adjust the tension in the spring and depending upon the tension of the spring and the weight of the thermal block element and related structure would be able to adjust the depth.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW D KRCHA whose telephone number is (571)270-0386. The examiner can normally be reached M-Th 7am-5pm.
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, Maris Kessel can be reached at (571)270-7698. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW D KRCHA/ Primary Examiner, Art Unit 1796
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