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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/19/2026 has been entered.
Status of Claims
Claim 13, 18-22 and 24 are pending and under examination.
Claims 1-12, 14-17 and 23 have been canceled.
Response to Amendment
The amendments to the claims have overcome the claim objections previously set forth in the Final Rejection mailed on 01/23/2026. Therefore, the claim objections are withdrawn.
The claim amendments have overcome the 112(b) rejection(s) previously set forth in the Final Rejection. Accordingly, the 112(b) rejection(s) have been withdrawn.
Based on the amended claims and remarks received on 03/19/2026, the previous prior art rejection over McNeil has been withdrawn and a new prior art rejection is set forth (see below).
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 13, 18, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over McNeil (US 2002/0146347; already of record – hereinafter “McNeil”), in view Motojima et al. (US 2018/0133893; already of record – hereinafter “Motojima”), Tippmann et al. (US Patent No. 5,341,653; already of record – hereinafter “Tippmann”), and Wang et al. (US 2009/0104704; already of record – hereinafter “Wang”).
Regarding claim 13, McNeil disclose an automatic analyzer (McNeil disclose system 1 comprising stations 4 with devices 8 configured to analyze a sample; fig. 1, [0052, 0097, 0101]) comprising:
a drive mechanism configured to be driven to use a specimen or a reagent stored in a storage member (McNeil disclose devices 8 as a plate washer, pipettor, reader, etc., configured to interact with a sample 9 on in a storage member 13. Work support device 3 travels under liquid transfer device 8a to move liquid from a storage member 13. Pipette device 80 includes an actuator mechanism 83. figs. 1, 12, 13A, 13B, [0050, 0053, 0057, 0093, 0098-102]. Alternatively, and/or additionally, McNeil disclose bulk storage 90 comprising gimbaled platform 93 and work support devices 3a/3b configured to load and/or unload storage member 13; figs. 1 & 14, [0057, 0105-0108]);
an automatic analyzer controller configured to control the drive mechanism (McNeil disclose a central controller 30 configured to control work support device 3, stations 4, and devices 8; figs. 6-7, [0025, 0064-0072]); and
an automatic analyzer communication unit (The examiner is interpreting the claimed automatic analyzer communication unit as general purpose computer that transmits and receives a signal. McNeil disclose a central controller 30 comprising a microprocessor 31 with wired or wireless communication techniques that establish a communications link or interface between the analyzing stations 4 and the work support device 3; fig. 7, #30, [0069-0072]) configured to communicate with a work support device that performs work support to support work of loading and/or unloading the storage member and comprising a work support device communication unit that communicates with the automatic analyzer (McNeil disclose work support 3, station 4, and device 8 attempt to establish a communication link 130 to determine if the work support device is at the correct location, then instructs the station/device 8 to interact with the work support device 3 and/or sample on the work support device to perform one or more operations and/or manipulates a sample on the work support device. The storage members 13 are transferred to devices 8 using an arm mounted on the work support device 3; [0098]. A communications system 70 includes an indicator device 72 and sensor device 73 at both the work support device and the station or device for establishing one of a wired and a wireless connection between the work support device and the station; figs. 6-7, 12, 15, [0064-0072, 0088-0093, 0098, 0108, 0111-0113]), a traveling unit that travels to a location different from the automatic analyzer according to a type of the storage member (McNeil disclose traveling unit 43 that travels to various stations and/or bulk storage 90, and/or subsystems, and/or another building; figs. 8A-C, 9A-C, #43, [0052, 0079]), a hand that grips and releases the storage member (McNeil disclose storage members 13 may be transferred to station 4 by a “pick” and place arm either on the work support device 3 or at the station 4; [0097-0098]), an arm that moves the hand to a predetermined position (McNeil disclose storage members 13 may be transferred to station 4 by a pick and place “arm” either on the work support device 3 or at the station 4; [0097-0098]), and a work support device controller that controls the work support device communication unit, the traveling unit, the hand, and the arm (McNeil disclose a central controller 30 configured to control work support device 3, stations 4, and devices 8; figs. 6-7, [0025, 0064-0072]), wherein
the automatic analyzer communication unit is configured to transmit a first instruction signal for first work support to the work support device (McNeil disclose a central controller 30 comprising a microprocessor 31 with wired or wireless communication techniques that establish a communications link or interface between the analyzing stations 4 and the work support device 3 to receive instructions; figs. 6-7, step 150, [0066-0067, 0069-0072]),
when the automatic analyzer communication unit receives a movement completion signal for the first work support from the work support device after the traveling unit has completed movement to the predetermined position and the work support device communication unit has transmitted the movement completion signal to the automatic analyzer (McNeil disclose a central controller 30 configured to control work support device 3, stations 4, and devices 8; figs. 6-7, [0025, 0064-0072]. McNeil also disclose work support device 3, station 4, and device 8 attempt to establish a communication link 130 to determine if the work support device is at the correct location, then instructs the station/device 8 to interact with the work support device 3 and/or sample on the work support device to perform one or more operations and/or manipulates a sample on the work support device. A communications system 70 includes an indicator device 72 and sensor device 73 at both the work support device and the station or device for establishing one of a wired and a wireless connection between the work support device and the station; figs. 6-7, 12, 15, [0064-0072, 0088-0093, 0098, 0108, 0111-0113]. Once device 8 performs operations 147/245, the work support device 3 receives new instructions from central control 150/240; figs. 6, 12, 15, [0067, 0113]. Storage members 13 may be transferred to station 4 by a pick and place arm either on the work support device 3 or at the station 4; [0097-0098]. A bulk storage unit 90 comprising gimbaled platform 93 and work support devices 3a/3b configured to load and/or unload storage member 13; figs. 1 & 14, [0057, 0103-0108]),
the automatic analyzer controller is configured to automatically control the drive mechanism to perform a preparation operation for the loading and/or unloading and to control the automatic analyzer communication unit to automatically transmit a second instruction signal for second work support of loading and/or unloading the storage member to the work support device (McNeil disclose a central controller 30 configured to control work support device 3, stations 4, and devices 8; figs. 6-7, [0025, 0064-0072]. McNeil also disclose work support device 3, station 4, and device 8 attempt to establish a communication link 130 to determine if the work support device is at the correct location, then instructs the station/device 8 to interact with the work support device 3 and/or sample on the work support device to perform one or more operations and/or manipulates a sample on the work support device. The storage members 13 are transferred to devices 8 using an arm mounted on the work support device 3; [0098]. A communications system 70 includes an indicator device 72 and sensor device 73 at both the work support device and the station or device for establishing one of a wired and a wireless connection between the work support device and the station; figs. 6-7, 12, 15, [0064-0072, 0088-0093, 0098, 0108, 0111-0113]. Once device 8 performs operations 147/245, the work support device 3 receives new instructions from central control 150/240; figs. 6, 12, 15, [0067, 0113]. A bulk storage unit 90 comprising gimbaled platform 93 and work support devices 3a/3b configured to load and/or unload storage member 13; figs. 1 & 14, [0057, 0103-0108]),
the work support device is self-propelled robot that is autonomously driven to perform the work support (McNeil disclose the work support device 3 is an autonomous robot with propulsion mechanism 42; figs. 8A-C, 9A-C, & 10, [0047, 0068, 0073, 0077-0078, 0080-0081]),
when the automatic analyzer communication unit transmits the first instruction signal to the work support device and receives the movement completion signal transmitted by the work support device when the work support device has traveled to the predetermined position, the automatic analyzer controller is configured to control the drive mechanism so that the storage member can be loaded and/or unloaded, and to control the automatic analyzer communication unit to transmit the second instruction signal to the work support device (McNeil disclose a central controller 30 configured to control work support device 3, stations 4, and devices 8; figs. 6-7, [0025, 0064-0072]. McNeil also disclose work support device 3, station 4, and device 8 attempt to establish a communication link 130 to determine if the work support device is at the correct location, then instructs the station/device 8 to interact with the work support device 3 and/or sample on the work support device to perform one or more operations and/or manipulates a sample on the work support device. The storage members 13 are transferred to devices 8 using an arm mounted on the work support device 3; [0098]. A communications system 70 includes an indicator device 72 and sensor device 73 at both the work support device and the station or device for establishing one of a wired and a wireless connection between the work support device and the station; figs. 6-7, 12, 15, [0064-0072, 0088-0093, 0098, 0108, 0111-0113]. Once device 8 performs operations 147/245, the work support device 3 receives new instructions from central control 150/240; figs. 6, 12, 15, [0067, 0113]. A bulk storage unit 90 comprising gimbaled platform 93 and work support devices 3a/3b configured to load and/or unload storage member 13; figs. 1 & 14, [0057, 0103-0108]),
the storage member is a plurality of reaction vessels that store a reaction solution in which the specimen and the reagent are mixed (McNeil disclose storage member 13 as a reaction vessel for holding a matrices in which a biological reaction is carried out; [0053, 0075, Claim 15, Claim 23]), and
when the automatic analyzer communication unit receives the movement completion signal from the work support device after the work support device performs support for replacement of a reaction vessel when the reaction vessel to be replaced is located at a predetermined position, the automatic analyzer controller is configured to control the automatic analyzer communication unit to transmit the second instruction signal to the work support device (McNeil disclose a central controller 30 configured to control work support device 3, stations 4, and devices 8; figs. 6-7, [0025, 0064-0072]. McNeil also disclose work support device 3, station 4, and device 8 attempt to establish a communication link 130 to determine if the work support device is at the correct location, then instructs the station/device 8 to interact with the work support device 3 and/or sample on the work support device to perform one or more operations and/or manipulates a sample on the work support device. The storage members 13 are transferred to devices 8 using an arm mounted on the work support device 3; [0098]. The storage member 13 may be a reaction vessel for holding a matrices in which a biological reaction is carried out; [0053, 0075, Claim 15, Claim 23]. A communications system 70 includes an indicator device 72 and sensor device 73 at both the work support device and the station or device for establishing one of a wired and a wireless connection between the work support device and the station; figs. 6-7, 12, 15, [0064-0072, 0088-0093, 0098, 0108, 0111-0113]. Once device 8 performs operations 147/245, the work support device 3 receives new instructions from central control 150/240; figs. 6, 12, 15, [0067, 0113]. A bulk storage unit 90 comprising gimbaled platform 93 and work support devices 3a/3b configured to load and/or unload storage member 13; figs. 1 & 14, [0057, 0103-0108]).
McNeil does not teach the work support comprises an aspiration unit that aspirates or the work support device controller controls the aspiration unit. However, Motojima teach the analogous art of a work support device that performs work support (Motojima; fig. 1, #1, [0031]) and comprises an aspiration unit that aspirates and is controlled by the work support device controller (Motojima; figs. 1, 11, & 12, [0078-0081]). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the work support of McNeil to comprise an aspiration unit that aspirates and control the aspiration unit, as taught by Motojima, because Motojima teach the work support comprising an aspiration unit that aspirates can be used in conjunction with an arm and hand to lift lid of a container while aspiration from the container is performed with the aspiration unit by the work support (Motojima; fig. 12, [0080]). One of ordinary skill in the art would have expected this modification could have been performed with a reasonable expectation of success since McNeil and Motojima teach work support devices configured to handle specimen and reagents for analysis.
Modified McNeil does not teach the aspiration unit that aspirates condensed water on a back surface of a lid of a reagent cooler of the automatic analyzer. However, Tippmann teach the analogous art of an aspiration unit (Tippmann; figs. 1 & 5, #10, #66, col. 2 lines 21-24 and 64-68), wherein the aspiration unit aspirates condensate water on a back surface of the lid of the cooler (Tippmann; figs. 1 & 5, col. 2 line 64 through col. 3 line 24). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the aspiration unit of modified McNeil to be configured to aspirate condensate water on a back surface of a lid of the cooler, as taught by Tippmann, because Tippmann teach the aspiration unit that aspirates condensate prevents the liquid condensate from overflowing into the cooler (Tippmann; col. 2 lines 49-50). One of ordinary skill in the art would have expected this modification could have been performed with a reasonable expectation of success since modified McNeil and Tippman both teach aspiration of liquid using an aspiration unit.
Modified McNeil does not teach the plurality of reaction vessels are arranged on a circumference of a reaction disk, the drive mechanism rotates the reaction disk, and the automatic analyzer controller is configured to control the drive mechanism to rotate the reaction disk such that the reaction vessel to be replaced next is located at the predetermined position after rotation of the reaction disk.
However, Wang teach the analogous art of an automatic analyzer (Wang; fig. 1, #300, [0030]), comprising a drive mechanism configured to be driven to use a specimen or a reagent (Wang; fig. 1, #12, #22, #32 #42, [0031, 0035]) stored in a storage member (Wang; fig. 1, #20, #10, [0030]), a controller that controls the drive mechanism (Wang; fig. 1, #200, [0031]), and a work support device (Wang; fig. 1, #70, [0033]) wherein the storage member is a plurality of reaction vessels that store a reaction solution in which the specimen and the reagent are mixed (Wang; fig. 1, #18, [0035, 0038, 0040]), and are arranged on a circumference of a reaction disk (Wang; figs. 1-2, #10, [0030, 0035]), the drive mechanism rotates the reaction disk (Wang; figs. 1-2, #12, [0035]), when the automatic analyzer communication unit receives the movement completion signal from the work support device after the work support device performs support for replacement of a reaction vessel when the reaction vessel to be replaced is located at a predetermined position, the automatic analyzer controller is configured to control the drive mechanism to rotate the reaction disk such that the reaction vessel to be replaced next is located at the predetermined position, and to control the automatic analyzer communication unit to transmit the second instruction signal to the work support device after rotation of the reaction disk (Wang; figs. 1, #70, [0033, 0043], and fig. 2, positions 25# to 29#, #106, [0039, 0087]). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the storage member, drive mechanism, and work support device of modified McNeil with the reaction disk that rotates to support replacement of a first reaction vessel and a second reaction vessel, as taught by Wang, because Wang teach the work support device that replaces the reaction vessels on the reaction disk makes the operation of manual reaction vessel replacement more convenient after a batch of samples has been analyzed (Wang; [0033, 0087]). One of ordinary skill in the art would have expected this modification could have been performed with a reasonable expectation of success since modified McNeil and Wang both teach analyzers with work support devices to assist in the automation of sample analysis.
Regarding claim 18, modified McNeil teach the automatic analyzer according to claim 13 above, further comprising a work time calculator that calculates a work time to load and/or unload the storage member, wherein the automatic analyzer communication unit is configured to transmit an instruction signal for the first work support to the work support device based on the work time calculated by the work time calculator (McNeil; figs. 2A-C, [0009, 0012, 0016, 0047, 0050-0051]).
Regarding claim 24, modified McNeil teach an automatic analysis system (McNeil disclose system 1 comprising stations 4 with devices 8 configured to analyze a sample; fig. 1, [0052, 0097, 0101]) comprising:
an automatic analyzer according to claim 13 (The automatic analyzer according to claim 13 has previously been discussed above); and
the work support device (The work support device 3 of McNeil has previously been discussed in claim 13 above).
Claims 19-22 are rejected under 35 U.S.C. 103 as being unpatentable over McNeil, in view Motojima, Tippmann, and Nakayama (US 2012/0318302; already of record – hereinafter “Nakayama”).
Regarding claim 19, modified McNeil teach a work support device that performs work support to support work of loading and/or unloading a storage member that is used in an automatic analyzer (McNeil disclose system 1 comprising work support device 3 and stations 4 with devices 8 configured to analyze a sample; fig. 1, [0052, 0097, 0101]. Storage member 13 may be transferred to station 4 by a pick and place arm either on the work support device 3 or at the station 4; [0097-0098]) comprising a drive mechanism configured to be driven to use a specimen or a reagent stored in the storage member (McNeil disclose devices 8 as a plate washer, pipettor, reader, etc., configured to interact with a sample 9 on in a storage member 13. Work support device 3 travels under liquid transfer device 8a to move liquid from a storage member 13. Pipette device 80 includes an actuator mechanism 83. figs. 1, 12, 13A, 13B, [0050, 0053, 0057, 0093, 0098-102]. Alternatively, and/or additionally, McNeil disclose bulk storage 90 comprising gimbaled platform 93 and work support devices 3a/3b configured to load and/or unload storage member 13; figs. 1 & 14, [0057, 0105-0108]), an automatic analyzer controller configured to control the drive mechanism (McNeil disclose a central controller 30 configured to control work support device 3, stations 4, and devices 8; figs. 6-7, [0025, 0064-0072]), and an automatic analyzer communication unit configured to communicate with the work support device (The examiner is interpreting the claimed automatic analyzer communication unit as general purpose computer that transmits and receives a signal. McNeil disclose a central controller 30 comprising a microprocessor 31 with wired or wireless communication techniques that establish a communications link or interface between the analyzing stations 4 and the work support device 3; fig. 7, #30, [0069-0072]. McNeil further disclose work support 3, station 4, and device 8 attempt to establish a communication link 130 to determine if the work support device is at the correct location, then instructs the station/device 8 to interact with the work support device 3 and/or sample on the work support device to perform one or more operations and/or manipulates a sample on the work support device. The storage members 13 are transferred to devices 8 using an arm mounted on the work support device 3; [0098]. A communications system 70 includes an indicator device 72 and sensor device 73 at both the work support device and the station or device for establishing one of a wired and a wireless connection between the work support device and the station; figs. 6-7, 12, 15, [0064-0072, 0088-0093, 0098, 0108, 0111-0113]), the work support device comprising:
a work support device communication unit configured to communicate with the automatic analyzer (McNeil disclose work support 3, station 4, and device 8 attempt to establish a communication link 130 to determine if the work support device is at the correct location, then instructs the station/device 8 to interact with the work support device 3 and/or sample on the work support device to perform one or more operations and/or manipulates a sample on the work support device. A communications system 70 includes an indicator device 72 and sensor device 73 at both the work support device and the station or device for establishing one of a wired and a wireless connection between the work support device and the station; figs. 6-7, 12, 15, [0064-0072, 0088-0093, 0098, 0108, 0111-0113]);
a traveling unit that travels to a location different from the automatic analyzer according to a type of the storage member (McNeil disclose traveling unit 43 that travels to various stations and/or bulk storage 90, and/or subsystems, and/or another building; figs. 8A-C, 9A-C, #43, [0052, 0079]);
a hand that grips and releases the storage member (McNeil disclose storage member 13 may be transferred to station 4 by a “pick” and place arm either on the work support device 3 or at the station 4; [0097-0098]);
an arm that moves the hand to a predetermined position (McNeil disclose storage member 13 may be transferred to station 4 by a pick and place “arm” either on the work support device 3 or at the station 4; [0097-0098]); and
a work support device controller configured to control the work support device communication unit, the traveling unit, the hand, and the arm, (McNeil disclose a central controller 30 configured to control work support device 3, stations 4, and devices 8; figs. 6-7, [0025, 0064-0072]), wherein
when the work support device communication unit receives a first instruction signal from the automatic analyzer, the work support device controller is configured to complete the movement to the predetermined position and transmit a movement completion signal to the automatic analyzer after the completion of the movement (McNeil disclose a central controller 30 configured to control work support device 3, stations 4, and devices 8; figs. 6-7, [0025, 0064-0072]. McNeil also disclose work support device 3, station 4, and device 8 attempt to establish a communication link 130 to determine if the work support device is at the correct location, then instructs the station/device 8 to interact with the work support device 3 and/or sample on the work support device to perform one or more operations and/or manipulates a sample on the work support device. A communications system 70 includes an indicator device 72 and sensor device 73 at both the work support device and the station or device for establishing one of a wired and a wireless connection between the work support device and the station; figs. 6-7, 12, 15, [0064-0072, 0088-0093, 0098, 0108, 0111-0113]. Once device 8 performs operations 147/245, the work support device 3 receives new instructions from central control 150/240; figs. 6, 12, 15, [0067, 0113]. Storage member 13 may be transferred to station 4 by a pick and place arm either on the work support device 3 or at the station 4; [0097-0098]. A bulk storage unit 90 comprising gimbaled platform 93 and work support devices 3a/3b configured to load and/or unload storage member 13; figs. 1 & 14, [0057, 0103-0108]),
when the work support device communication unit receives a second instruction signal from the automatic analyzer after the drive mechanism has automatically performed a preparation operation for loading and/or unloading and the automatic analyzer communication unit has automatically transmitted the second instruction signal to the work support device, the work support device controller is configured to cause the arm and the hand to supports loading or unloading of the storage member (McNeil disclose a central controller 30 configured to control work support device 3, stations 4, and devices 8; figs. 6-7, [0025, 0064-0072]. McNeil also disclose work support device 3, station 4, and device 8 attempt to establish a communication link 130 to determine if the work support device is at the correct location, then instructs the station/device 8 to interact with the work support device 3 and/or sample on the work support device to perform one or more operations and/or manipulates a sample on the work support device. A communications system 70 includes an indicator device 72 and sensor device 73 at both the work support device and the station or device for establishing one of a wired and a wireless connection between the work support device and the station; figs. 6-7, 12, 15, [0064-0072, 0088-0093, 0098, 0108, 0111-0113]. Once device 8 performs operations 147/245, the work support device 3 receives new instructions from central control 150/240; figs. 6, 12, 15, [0067, 0113]. Storage member 13 may be transferred to station 4 by a pick and place arm either on the work support device 3 or at the station 4; [0097-0098]. A bulk storage unit 90 comprising gimbaled platform 93 and work support devices 3a/3b configured to load and/or unload storage member 13; figs. 1 & 14, [0057, 0103-0108]),
the work support device is a self-propelled robot that is autonomously driven to perform the work support (McNeil disclose the work support device 3 is an autonomous robot with propulsion mechanism 42; figs. 8A-C, 9A-C, & 10, [0047, 0068, 0073, 0077-0078, 0080-0081]),
when the automatic analyzer communication unit transmits the first instruction signal to the work support device and receives the movement completion signal transmitted by the work support device when the work support device has traveled to the predetermined position, the automatic analyzer control is configured to control the drive mechanism so that the storage member can be loaded and/or unloaded, and to control the automatic analyzer communication unit to transmit the second instruction signal to the work support device (McNeil disclose a central controller 30 configured to control work support device 3, stations 4, and devices 8; figs. 6-7, [0025, 0064-0072]. McNeil also disclose work support device 3, station 4, and device 8 attempt to establish a communication link 130 to determine if the work support device is at the correct location, then instructs the station/device 8 to interact with the work support device 3 and/or sample on the work support device to perform one or more operations and/or manipulates a sample on the work support device. The storage members 13 are transferred to devices 8 using an arm mounted on the work support device 3; [0098]. A communications system 70 includes an indicator device 72 and sensor device 73 at both the work support device and the station or device for establishing one of a wired and a wireless connection between the work support device and the station; figs. 6-7, 12, 15, [0064-0072, 0088-0093, 0098, 0108, 0111-0113]. Once device 8 performs operations 147/245, the work support device 3 receives new instructions from central control 150/240; figs. 6, 12, 15, [0067, 0113]. A bulk storage unit 90 comprising gimbaled platform 93 and work support devices 3a/3b configured to load and/or unload storage member 13; figs. 1 & 14, [0057, 0103-0108]),
the storage member is a bottle (McNeil disclose devices 8 as a plate washer, pipettor, reader, etc., configured to interact with a sample 9 on in a storage member 13. Work support device 3 travels under liquid transfer device 8a to move liquid from a storage member 13. Pipette device 80 includes an actuator mechanism 83. figs. 1, 12, 13A, 13B, [0050, 0053, 0057, 0093, 0098-102]. The storage member may be a container including a plate, vial, tube, pallet, cup, beaker, matrices, etc.; [0075]),
the drive mechanism moves a nozzle in a vertical direction, the nozzle being configured to aspirate from the bottle (McNeil disclose pipette device 80 comprising actuator mechanism 83 is activated once the work support device 3 has been properly positioned and identified. The nozzle 84 then interacts with the bottle to perform a preselected function or operation, such as filling, aspirating, or analyzing; figs. 12 & 13A, [0101]),
when the drive member retracts the nozzle upward, the automatic analyzer communication unit is configured to transmit the second instruction signal to the work support device (McNeil disclose pipette device 80 comprising actuator mechanism 83 is activated once the work support device 3 has been properly positioned and identified. The nozzle 84 then interacts with the bottle to perform a preselected function or operation, such as filling, aspirating, or analyzing; figs. 12 & 13A, [0101. Once device 8 performs operations 147/245, the work support device 3 receives new instructions from central control 150/240; figs. 6, 12, 15, [0067, 0113]), and
when the automatic analyzer communication unit receives the movement completion signal from the work support device after support for replacement of the bottle is performed by the work support device, the automatic analyzer controller is configured to control the drive mechanism to insert the nozzle into the bottle (McNeil disclose a central controller 30 configured to control work support device 3, stations 4, and devices 8; figs. 6-7, [0025, 0064-0072]. McNeil also disclose work support device 3, station 4, and device 8 attempt to establish a communication link 130 to determine if the work support device is at the correct location, then instructs the station/device 8 to interact with the work support device 3 and/or sample on the work support device to perform one or more operations and/or manipulates a sample on the work support device. The storage members 13 are transferred to devices 8 using an arm mounted on the work support device 3; [0098]. The storage member may be a container including a plate, vial, tube, pallet, cup, beaker, matrices, etc.; [0075]. A communications system 70 includes an indicator device 72 and sensor device 73 at both the work support device and the station or device for establishing one of a wired and a wireless connection between the work support device and the station; figs. 6-7, 12, 15, [0064-0072, 0088-0093, 0098, 0108, 0111-0113]. The pipette device 80 is activated once the work support device 3 has been properly positioned and identified. The device 8 then interacts with the bottle to perform a preselected function or operation on the bottle, such as filling, aspirating, or analyzing; [0101]. Once device 8 performs operations 147/245, the work support device 3 receives new instructions from central control 150/240; figs. 6, 12, 15, [0067, 0113]. A bulk storage unit 90 comprising gimbaled platform 93 and work support devices 3a/3b configured to load and/or unload storage member 13; figs. 1 & 14, [0057, 0103-0108]).
McNeil does not teach the work support device comprises an aspiration unit configured to aspirate or the work support device controller controls the aspiration unit. However, Motojima teach the analogous art of a work support device that performs work support (Motojima; fig. 1, #1, [0031]) and comprises an aspiration unit that aspirates and is controlled by the work support device controller (Motojima; figs. 1, 11, & 12, [0078-0081]). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the work support of McNeil to comprise an aspiration unit that aspirates and control the aspiration unit, as taught by Motojima, because Motojima teach the work support comprising an aspiration unit that aspirates can be used in conjunction with an arm and hand to lift lid of a container while aspiration from the container is performed with the aspiration unit by the work support (Motojima; fig. 12, [0080]). One of ordinary skill in the art would have expected this modification could have been performed with a reasonable expectation of success since McNeil and Motojima teach work support devices configured to handle specimen and reagents for analysis.
Modified McNeil does not teach the aspiration unit that aspirates condensed water on a back surface of a lid of a reagent cooler of the automatic analyzer. However, Tippmann teach the analogous art of an aspiration unit (Tippmann; figs. 1 & 5, #10, #66, col. 2 lines 21-24 and 64-68), wherein the aspiration unit aspirates condensate water on a back surface of the lid of the cooler (Tippmann; figs. 1 & 5, col. 2 line 64 through col. 3 line 24). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the aspiration unit of modified McNeil to be configured to aspirate condensate water on a back surface of a lid of the cooler, as taught by Tippmann, because Tippmann teach the aspiration unit that aspirates condensate prevents the liquid condensate from overflowing into the cooler (Tippmann; col. 2 lines 49-50). One of ordinary skill in the art would have expected this modification could have been performed with a reasonable expectation of success since modified McNeil and Tippman both teach aspiration of liquid using an aspiration unit.
Modified McNeil does not teach the storage member bottle is a detergent bottle storing a detergent that is a system reagent, aspirating the detergent from the detergent bottle, or replacement of the bottle is a detergent bottle.
However, teach the analogous art of a storage member (Nakayama; fig. 1, #3, [0032]), wherein the storage member is a detergent bottle storing a detergent that is a system reagent (Nakayama; fig. 1, #3, [0032]) and a nozzle being configured to aspirate the detergent from the detergent bottle (Nakayama; fig. 1, #13, [0063]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the storage member bottle of modified McNeil to comprise a detergent bottle, as in Nakayama, because Nakayama teach the detergent bottle can be used to deliver cleaning solution to dilution containers during a cleaning process (Nakayama; [0063]). The system of modified McNeil thus being configured to replace the bottle that is a detergent bottle. One of ordinary skill in the art would have expected this modification could have been performed with a reasonable expectation of success since modified McNeil and Nakayama both teach storage member configured to store various liquids.
Regarding claim 20, modified McNeil teach the work support device according to claim 19 above, further comprising a reader that reads identification information given to the storage member, wherein the work support device controller supports loading of the predetermined storage member among a plurality of the storage members based on the identification information (McNeil; [0050, 0075-0076, 0092-0094, 0100, 0111-0113]).
Regarding claim 21, modified McNeil teach the work support device according to claim 19 above, wherein the work support device includes a storage member holder that holds the storage member to be newly loaded to the automatic analyzer or the storage member to be unloaded for discarding (McNeil; fig. 8B, #40, [0073]).
Regarding claim 22, modified McNeil teach the work support device according to claim 19, further comprising a reader that identification information given to the storage member, wherein the work support device controller supports, based on the identification information, loading of the storage member with the most recent expiration date among a plurality of the storage members in the storage member holder (McNeil disclose the system operates in ques to perform protocols where incubation and other time sensitive processing steps are performed; [0016, 0050-0051, 0069, 0072, 0075-0076, 0088-0094, 0100, 0103, 0111-0113]).
Response to Arguments
Applicant’s arguments, filed 03/19/2026, have been considered but were not found persuasive by the examiner.
Applicant argues, see pages 9-11 of their remarks, that the combination of references fails to arrive at the presently claimed invention of independent claims 13 and 19 without necessarily including impermissible hindsight. The examiner respectfully disagrees. In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
With respect to claim 13, McNeil disclose most of the claimed features with exception of the work support comprises an aspiration unit that aspirates condensed water on a back surface of a lid of a reagent cooler of the automatic analyzer, the work support device controller controls the aspiration unit, or the plurality of reaction vessels are arranged on a circumference of a reaction disk, the drive mechanism rotates the reaction disk, and the automatic analyzer controller is configured to control the drive mechanism to rotate the reaction disk such that the reaction vessel to be replaced next is located at the predetermined position after rotation of the reaction disk . However, these features are known in the art as evidenced by Motojima, Tippmann, and Wang.
With respect to claim 19, McNeil disclose most of the claimed features with exception of the work support comprises an aspiration unit that aspirates condensed water on a back surface of a lid of a reagent cooler of the automatic analyzer, the work support device controller controls the aspiration unit, or the storage member bottle is a detergent bottle storing a detergent that is a system reagent, aspirating the detergent from the detergent bottle, or replacement of the bottle is a detergent bottle. However, these features are known in the art as evidenced by Motojima, Tippman, and Nakayama.
Citations to art
In the above citations to documents in the art, an effort has been made to specifically cite representative passages, however rejections are in reference to the entirety of each document relied upon. Other passages, not specifically cited, may apply as well.
Other References Cited
The prior art of made of record and not relied upon is considered pertinent to Applicant’s disclosure include:
Downs et al. (US 2002/0117380) disclose a robotic arm configured to move reaction vessels.
Weselak et al. (US 2004/0236436) disclose an autonomous robot and computer system configured to provide output signals the robot to transfer containers between locaitons.
Berger et al. (US 2012/0061155) disclose an autonomous robot with an arm for gripping capable of being suspended without affecting the acceleration of gravity.
Conclusion
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/C.A.T./Examiner, Art Unit 1798
/BENJAMIN R WHATLEY/Primary Examiner, Art Unit 1798
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