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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
Claims 1-8, and 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Sinz (US 20170174448 A1) and in view of Siddiqi (US 7476313 B2).
Regarding claim 1, Sinz teaches “A sample transport device,” (Fig. 1 and [0009] laboratory sample distribution system); “comprising: a sample” (Paras [0003],[0036] and Fig. 1, blood samples can be analyzed with such laboratory stations. Such samples are contained in sample containers 145)’ “provided with a permanent magnet”; (Para [0036] and Fig. 1, The sample container carrier 140 can hold a sample container 145 and can further comprise a permanent magnet positioned inside the sample container carrier 140 so that it may not be visible in FIG. 1.); “a transport path through which the sample is to be transported via the permanent magnet;” (Para [0038], The sample container carrier 140 can already have moved along a transport path 142.) “a plurality of coils provided on a surface of the transport path opposite to a surface on which the sample is to be transported;” (Para [0038], he transport path 142 can extend over a plurality of electro-magnetic actuators 120, 160, 164.); “and a drive circuit”(Para [0038], the control device 150); “configured to cause a current to flow through the coils,” (Para [0006], The control device can be configured to drive the end-point electro-magnetic actuator such that the end-point electro-magnetic actuator can apply a magnetic attractive centering force on the corresponding sample container carrier at the end of the corresponding transport path.).
Sinz does not explicitly teach “wherein the drive circuit is configured to: adjust a vertical force applied to the permanent magnet in a vertical direction by a current flowing through a first coil”.
Sinz does teach a drive circuit configured to adjust a force applied to a permanent magnet in any direction by a current flowing through a first coil within (Paras [0006], [0017], [0020], and [0041], The control device can be configured to drive all electro-magnetic actuators situated adjacent to the end-point electro-magnetic actuator such that the electro-magnetic actuators situated adjacent to the end-point electro-magnetic actuator can apply repulsive centering forces on the sample container carrier at the end of the corresponding transport path and such that at the position of the end-point electro-magnetic actuator. Before the sample container carrier 140 reaches the end-point electro-magnetic actuator 160. Typically, axes of the solenoids can be oriented vertically and can be oriented substantially parallel to each other. The ferromagnetic cores may be magnetically coupled to neighboring ferromagnetic cores. The repulsive centering forces can especially be used in order to apply forces in specific directions with defined strengths in order to correct for deviations.).
Siddiqi teaches an apparatus for mixing magnetic particles in addition to a force in any direction applied to the permanent magnet (Column 13 lines 20-24, The magnets are preferably oriented with their magnetic lines of force perpendicular to the vertical axis of the container. Alternate cross-sectional shapes, orientations, and magnetic pole orientation with respect to the container are also envisioned.). A force perpendicular to the vertical axis teaches to a horizontal force.
Modified Sinz does not teach specifically teach vertical force. However, it would have been clearly within the ordinary skills of an artisan before the effective filing date of the claimed invention to have modified the invention of Sinz by having adjust a vertical force applied to the permanent magnet in a vertical direction by a current flowing through a first coil, since Siddiqi teaches alternate magnetic pole orientation and also horizontal forces. It would have been a matter of an obvious engineering choice, to have the forces horizontal in addition to vertical forces increases the devices capability and positing of the systems as a whole. In addition, the mechanical stress of the devices is reduced.
Sinz further teaches “immediately below a position at which the permanent magnet is to be stopped,” (Paras [0011] and [0040] and Claim 1, After the sample container carrier 140 has reached the end-point electro-magnetic actuator 160, the end-point electro-magnetic actuator 160 can be driven by the control device 150 such that it can exert an attractive centering force on the sample container carrier 140. The centering force can be greater than a drive force exerted by electro-magnetic actuators 120 that is intended to drive the sample container carrier 140 along the transport path 142. The electro-magnetic actuators can be adapted to move one of the number of sample container carriers on top of the transport surface by applying a magnetic drive force to the sample container carrier. A number of electro-magnetic actuators stationary arranged below the transport surface, the electro-magnetic actuators adapted to move the sample container carriers on top of the transport surface by applying a magnetic drive force to the sample container carriers).
Sinz does not explicitly teach “and adjust a horizontal force applied to the permanent magnet in a horizontal direction by”.
Siddiqi teaches “and adjust a horizontal force applied to the permanent magnet in a horizontal direction by” (Column 13 lines 20-24, The magnets are preferably oriented with their magnetic lines of force perpendicular to the vertical axis of the container. Alternate cross-sectional shapes, orientations, and magnetic pole orientation with respect to the container are also envisioned.). A force perpendicular to the vertical axis teaches to a horizontal force.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Sinz to incorporate the teachings of Siddiqi to adjust a horizontal force applied to the permanent magnet in a horizontal direction by. Doing so allows the device to have forces in both directions without changing physical components of the device and providing a versatile device.
Sinz further teaches “a current flowing through a second coil” (Para [0041] and Fig. 1, an adjacent electro-magnetic actuator 162) “adjacent to the first coil, and adjust a stop position” (Paras [0040] and [0041, This repulsive force can be a brake force that can be used in order to smoothly and quickly brake the sample container carrier 140 so that it can stop over the end-point electro-magnetic actuator 160. After the sample container carrier 140 has stopped over the end-point electro-magnetic actuator 160, three further adjacent electro-magnetic actuators 161, 163, 164 can also be driven by the control device 150 such that they can exert repulsive forces on the sample container carrier 140 that can sum to a vanishing force at the intended position.); “of the permanent magnet by simultaneously applying currents to the first coil and the second coil.” (Para [0042], control device 150 can then adapt the repulsive forces of the electro-magnetic actuators 161, 162, 163, 164 adjacent to the end-point electro-magnetic actuator 160 such that a correction force can be applied to the sample container carrier 140. The correction force can center the sample container carrier 140 exactly at the intended position.) Therefore, the repulsive forces applied to end-point electromagnetic actuator 160 and adjacent 162 would have to happen simultaneously in order to allow the correction force to center the sample container carrier.
Regarding claim 2, modified Sinz teaches all of claim 1 as above in addition to “wherein the drive circuit is configured to adjust the stop position of the permanent magnet by causing a current generating a magnetic flux that repels a polarity of the permanent magnet to flow through the first coil.” (Paras [0040] and [0041, This repulsive force can be a brake force that can be used in order to smoothly and quickly brake the sample container carrier 140 so that it can stop over the end-point electro-magnetic actuator 160. After the sample container carrier 140 has stopped over the end-point electro-magnetic actuator 160, three further adjacent electro-magnetic actuators 161, 163, 164 can also be driven by the control device 150 such that they can exert repulsive forces on the sample container carrier 140 that can sum to a vanishing force at the intended position.) Therefore, the electromagnetic actuator creates a magnetic flux and having repulsive forces teaches to the configured to repel a polarity.
Regarding claim 3, modified Sinz teaches all of claim 1 as above in addition to “wherein magnetic fluxes generated by the first coil and the second coil have different polarities of magnetic fluxes generated on a side of a surface facing the permanent magnet.” ((Paras [0013], [0040], and [0041], The control device can further be configured to energize or drive the end-point electro-magnetic actuator such that the end-point electro-magnetic actuator can apply or exert a magnetic attractive centering force on the respective sample container carrier at the corresponding end of the transport path. This repulsive force can be a brake force that can be used in order to smoothly and quickly brake the sample container carrier 140 so that it can stop over the end-point electro-magnetic actuator 160. After the sample container carrier 140 has stopped over the end-point electro-magnetic actuator 160, three further adjacent electro-magnetic actuators 161, 163, 164 can also be driven by the control device 150 such that they can exert repulsive forces on the sample container carrier 140 that can sum to a vanishing force at the intended position.). Therefore, the end-point electro-magnetic actuator has the attractive centering forces on the sample container which has the permanent magnet in addition there is a repulsive force which shows that end-point electro-magnetic actuator (first and second coil) have different polarities of magnetic fluxes.
Regarding claim 4, modified Sinz teaches all of claim 1 as above. Regarding the recitation “wherein when a distance between a center of the permanent magnet and a center of the first coil is set as x1, a distance from the center of the permanent magnet to an end portion of the permanent magnet is set as D/2, and a distance from the center of the first coil to the end portion of the permanent magnet is d/2, the drive circuit adjusts the stop position of the permanent magnet by causing a current generating a magnetic flux that repels a polarity of the permanent magnet to flow through the first coil in a section in which xl< (D/2 + d/2)” The specification does not indicate that the distances are critical. Without some showing of unexpected results, or statement of criticality, it would have been obvious to one of ordinary skill in the art to determine, through routine experimentation, an optimum distance between the permanent magnet and the coils or an optimum stop position for the permanent magnet when transporting samples in the transport device.
Regarding claim 5, modified Sinz teaches all of claim 1 as above. Regarding the recitation “wherein when a distance between a center of the permanent magnet and a center of the first coil is set as d/2, when the center of the permanent magnet is in a section of ±d/2, the drive circuit adjusts the stop position of the permanent magnet by causing a current generating a magnetic flux that repels a polarity of the permanent magnet to flow through the first coil.” The specification does not indicate that the distances are critical. Without some showing of unexpected results, or statement of criticality, it would have been obvious to one of ordinary skill in the art to determine, through routine experimentation, an optimum distance between the center of the permanent magnet and the center of the coils or an optimum stop position for the permanent magnet when transporting samples in the transport device.
Regarding claim 6, modified Sinz teaches all of claim 1 as above in addition to “wherein each of the coils includes a core made of a magnetic material and a winding wound around an outer periphery of the core,” (Para, [0017] The electro-magnetic actuators can typically be implemented as solenoids. Each solenoid can have a ferromagnetic core.) Therefore, the solenoids have the claimed core and all solenoids have winding wounds. Regarding the recitation “a diameter D of the permanent magnet is larger than a diameter d of a core of the first coil, and when a center of the permanent magnet is in a range of ±(D - d)/2, the drive circuit adjusts the stop position of the permanent magnet by causing a current generating a magnetic flux that repels a polarity of the permanent magnet to flow through the first coil The specification does not indicate that the distances are critical. Without some showing of unexpected results, or statement of criticality, it would have been obvious to one of ordinary skill in the art to determine, through routine experimentation, an optimum distance between the center of the permanent magnet and the center of the coils or an optimum stop position for the permanent magnet when transporting samples in the transport device.
Regarding claim 7, modified Sinz teaches all of claim 1 as above in addition to “wherein each of the coils includes a core made of a magnetic material and a winding wound around an outer periphery of the core, (Para, [0017] The electro-magnetic actuators can typically be implemented as solenoids. Each solenoid can have a ferromagnetic core.) Therefore, the solenoids have the claimed core and all solenoids have winding wounds. Regarding the recitation “a diameter D of the permanent magnet is smaller than a diameter d of a core of the first coil, and when a center of the permanent magnet is in a range of ±(d - D)/2, the drive circuit adjusts the stop position of the permanent magnet by causing a current generating a magnetic flux that repels a polarity of the permanent magnet to flow through the first coil.” The specification does not indicate that the distances are critical. Without some showing of unexpected results, or statement of criticality, it would have been obvious to one of ordinary skill in the art to determine, through routine experimentation, an optimum distance between the center of the permanent magnet and the center of the coils or an optimum stop position for the permanent magnet when transporting samples in the transport device.
Regarding claim 8, modified Sinz teaches all of claim 1 as above in addition to “wherein each of the coils includes a core made of a magnetic material and a winding wound around an outer periphery of the core,” (Para, [0017] The electro-magnetic actuators can typically be implemented as solenoids. Each solenoid can have a ferromagnetic core.) Therefore, the solenoids have the claimed core and all solenoids have winding wounds. Further taught “and an area of the permanent magnet projected onto a transport surface is smaller than an area of the core projected onto the transport surface.” (Para [0036] and Fig. 1, core 125 and The sample container carrier 140 can hold a sample container 145 and can further comprise a permanent magnet positioned inside the sample container carrier 140 so that it may not be visible in FIG. 1.). Therefore the core is shown within Fig. 1 as 125 and the permanent magnet is not shown which shows that the area of the permanent magnet is smaller than the core.
Regarding claim 11, modified Sinz teaches all of claim 1 in addition to “further comprising: a winding of the second coil and a winding of a third coil arranged so as to sandwich a winding of the first coil,” (Fig 1 and Para, [0017], electro-magnetic actuators 120, 160, 161, 162, 163 and the electro-magnetic actuators can typically be implemented as solenoids. Each solenoid can have a ferromagnetic core.) Therefore, the solenoids (electro-magnetic actuators) which surround the first electro-magnetic actuators (solenoid with the first coil) teaches to the winding being sandwiched as each solenoid has its own winding. Further taught “wherein the sample transport device is configured to cause a current generating a magnetic flux repelling a polarity of the permanent magnet to flow through the winding of the first coil,” (Paras [0040] and [0041, This repulsive force can be a brake force that can be used in order to smoothly and quickly brake the sample container carrier 140 so that it can stop over the end-point electro-magnetic actuator 160. After the sample container carrier 140 has stopped over the end-point electro-magnetic actuator 160, three further adjacent electro-magnetic actuators 161, 163, 164 can also be driven by the control device 150 such that they can exert repulsive forces on the sample container carrier 140 that can sum to a vanishing force at the intended position.). Therefore, the electromagnetic actuator creates a magnetic flux and having repulsive forces teaches to the configured to repel a polarity with the first coil and the permanent magnet. Further taught “and to cause a current generating a magnetic flux attracting the polarity of the permanent magnet to flow through the winding of the second coil and the winding of the third coil.” (Paras [0006] and [0040], The control device can be configured to drive the end-point electro-magnetic actuator such that the end-point electro-magnetic actuator can apply a magnetic attractive centering force on the corresponding sample container carrier at the end of the corresponding transport path. After the sample container carrier 140 has reached the end-point electro-magnetic actuator 160, the end-point electro-magnetic actuator 160 can be driven by the control device 150 such that it can exert an attractive centering force on the sample container carrier 140. The centering force can be greater than a drive force exerted by electro-magnetic actuators 120 that is intended to drive the sample container carrier 140 along the transport path 142.); Therefore the electro-magnetic actuator (winding of the second and third coil) applying an attractive magnetic centering forces on the sample container carrier on the end corresponding to the transport path (the permanent magnet).
Regarding claim 12, modified Sinz teaches all of clam 1 as above. The recitation “further comprising: a unit configured to detect a position of the permanent magnet.” is capability of the device. Sinz discloses the positively claimed structural elements of the valve as claimed, such valves are said to be fully capable of the recited adaption in as much as recited and required herein. However, Sinz does disclose a position detection device which is capable of the claimed features ( Para [0024], According to an implementation, the control device can be communicatively connected with a position detection device. The position detection device can be configured to detect a position of the sample container carrier and to deliver a position indicating signal to the control device.).
Regarding claim 13, modified Sinz teaches all of claim 1 “sample transport device” as above in addition to “A sample analysis system” (Para [0025], The position detection device may, for example, be a camera with a system that can be adapted to analyze images.).
Regarding claim 14, modified Sinz teaches all of claim 1 “sample transport device” as above in addition to “A sample pretreatment device comprising” (Para [0028], The invention can further relate to a laboratory automation system, comprising a number of a pre-analytical.).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Sinz (US 20170174448 A1) in view of Siddiqi (US 7476313 B2) as applied to claim 1 and in further view of Fukukawa (JP 2011098786 A), machine translation.
Regarding claim 9, modified Sinz teaches all of claim 1 in addition to “wherein each of the coils includes a core made of a magnetic material and a winding wound around an outer periphery of the core” (Para, [0017] The electro-magnetic actuators can typically be implemented as solenoids. Each solenoid can have a ferromagnetic core.) Therefore, the solenoids have the claimed core and all solenoids have winding wounds. However Sinz does not teach “and an area of the core projected onto a transport surface is included in an area of the permanent magnet projected onto the transport surface.”
Fukukawa teaches a linear carrying device includes a rail 11 fixed to a base 10, the carrying carriage movably supported by this rail, a stator 32 (permanent magnet) fixed on the base 10 and a mover 34 arranged in the carrying carriage so as to be opposed to the stator 32. In addition to teaching “and an area of the core projected onto a transport surface is included in an area of the permanent magnet projected onto the transport surface.” (Page 4, That is, even when the linear motor 14 is stopped, it is difficult to lift and remove the transport carriage 12 as it is because a magnetic attractive force is generated between the core 34a of the mover 34 and the stator 32 (permanent magnet 33)). Therefore if the core is attracted to the stator within the mover then they included in the same area.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Sinz to incorporate the teachings of Fukukawa wherein an area of the core projected onto a transport surface is included in an area of the permanent magnet projected onto the transport surface. Doing so would result in a more localized magnetic force which would allow a more secure transportation.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Sinz (US 20170174448 A1) in view of Siddiqi (US 7476313 B2) as applied to claim 1 and in further view of Zhongqi et. al. (CN 108964309 A), machine translation and Smith (US 2312368 A).
Regarding claim 10, Sinz teaches all of claim 1 but does not teach “wherein a shape of a core of the first coil is a T-shape”.
Zhongqi teaches a high-pressure-variable-frequency permanent magnet synchronous motor, comprising a stator, a rotor, an end cover, the rotor comprises a shaft. In addition to “wherein a shape of a core of the first coil is a T-shape” (Page 3, the rotor bracket is provided with a T-shaped groove, the pole core has convex rib can be embedded into the T-shaped groove and T-shaped groove and the rib gap wedging wedge block to make the two fixedly connected). Therefore the core within the t-shaped groove teaches to the t-shaped core within the first coil.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Sinz to incorporate the teachings of Zhongqi wherein the wherein a shape of a core of the first coil is a T-shape. Doing so would result in a more localized magnetic force in addition to greater particle separation/manipulation.
Sinz teaches a cross-sectional area of the core within (Fig. 1, 125 cross-section of the core). But does not explicitly teach “and a cross-sectional area of the core on a side of a surface facing the permanent magnet is larger than a cross-sectional area of the core on an inner side of a winding.”
Smith teaches permanent field magnet bars in addition to teaching pole- pieces and core pieces including windings with cross-sectional areas in relation to factors of an apparatus within (Column 13 lines 27-37, The magnetization of the permanent magnet bars 173, the cross-sectional dimensions of the various pole-pieces and core parts, and the number of turns in the winding 185 are, with relation to the above-mentioned factors, such as speed of drive, selected so that the output voltage of any one winding or generator armature is, in the illustrative example, about 17 kilovolts, that being the voltage illustratively set forth in connection with the specific dimensional embodiment described in connection with Figures 1 and 9.).
It would have been clearly within the ordinary skills of an artisan before the effective filing date of the claimed invention to have modified the invention of Sinz by having a cross-sectional area of the core on a side of a surface facing the permanent magnet is larger than a cross-sectional area of the core on an inner side of a winding, since Smith teaches the core cross-section can be changed depending on factors of the apparatus. Smith teaches the advantages of speed and outputs in determining such core cross-section. It would have been a matter of an obvious engineering choice, to adjust the core cross-section based on the devices needs.
Response to Amendments
Claim Amendments
Applicant amended claim 10 to overcome the prior claim rejection set forth in the non-final office action mailed 9/30/2025.
Response to Arguments
Applicant's arguments filed 2/13/2026 have been fully considered.
Applicant argues that Sinz alone or in combination with the references of record does not disclose or teach a sample transport device as recited in claim 1 in particular “adjust a vertical force applied to the permanent magnet in a vertical direction by a current flowing through a first coil immediately below a position at which the permanent magnet is to be stopped."
Based on claim amendments Examiner has withdrawn the rejection set forth in the non-final dated 9/30/2025 and made a new rejection to teach the ”vertical force”.
Applicant argues that Sinz "repulsive centring forces" and "brake force" for "a sum of the magnetic repulsive centring forces" to be zero "in the transport plane" simply does not" adjust a vertical force applied to the permanent magnet in a vertical direction by a current flowing through a first coil immediately below a position at which the permanent magnet is to be stopped."
Based on claim amendments Examiner has withdrawn the rejection set forth in the non-final dated 9/30/2025 and made a new rejection to teach the ”vertical force”.
Applicant argues Sinz never mentions adjusting "a vertical force” in “a vertical direction" or the like.
Examiner has withdrawn the rejection set forth in the non-final dated 9/30/2025 and made a new rejection to teach the ”vertical force”.
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.
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/V.E.H./Examiner, Art Unit 1798
/CHARLES CAPOZZI/Supervisory Patent Examiner, Art Unit 1798
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