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/Restrictions
Claims 7-8 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/19/25.
Claim Rejections - 35 USC § 102
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 1-6 and 9-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bachand (US 6,375,897).
Regarding claim 1, Bachand discloses a chromatographic strip support tool (fig. 1-3), comprising: a support surface (40) that is continuous (see fig. 1-3) and on which a chromatographic strip can be placed (this limitation does not positively recite a chromatographic strip as being part of the chromatographic strip tool as the chromatographic strip can be placed at a later time within the support tool. For examination purposes the chromatographic strip is not positively recited as part of the support tool and the support tool has to be capable of supporting the chromatographic strip. For compact prosecution, Bachand discloses a chromatographic strip (structures 64,26,58) as shown in fig. 1-3 being within the support tool), the chromatographic strip including an analyte supply section (58 or 52) to which an analyte is supplied (an analyte is not positively recited an can be added to the strip at a later time), a membrane section (26) in which the analyte is developed (the instant claim does not have any structure such as a reagent on the membrane section which allows for an analyte to be developed), and an absorption pad section (54 or 64) configured to absorb the analyte, the analyte supply section (58 or 52), the membrane section (26), and the absorption pad section (54) being provided in this order (see fig. 1-3);
a projected portion formed on the support surface (40) and having a first abutting portion (inner surface of projection portion that contacts the chromatographic strip end) that can abut against an extremity of the chromatographic strip placed on the support surface, the extremity being present at one end side of the chromatographic strip (see fig. 3 and annotated figure below, which shows the support surface 40 wrapping the strip to create a sealed enclosure. The projection portion extends from the main surface 40 and contacts the display section 12 at contact area 42. Sample fluid is allowed to enter only from inlet 48 to which the sample fluid flows to the analyte supply section (58 or 52 and up the membrane section)); and
a display section (12 and 76 which provide a sealed window to view chromatographic strip results) formed on the support surface (40 contacts 12 at area 42 and at the lower region shown in fig. 3) and including a detection item (reagent on chromatographic strip) displayed in a manner to correspond to a predetermined location of the chromatographic strip when the chromatographic strip is placed on the support surface in a manner that the extremity of the chromatographic strip abuts against the first abutting portion (chromatographic strip membrane having a reagent thereon is aligned with the display section in order to display sample reaction results, abstract),
wherein the projected portion abuts only against the absorption pad section (54 or 64) of the chromatographic strip (the projection portion is interpreted as the portion at which the support surface extends perpendicular from the main structure 40 and contacts the absorption pad section (54 or 64), and the support surface is completely exposed (see fig. 3, support 40 is exposed to the internal area of the cup).
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Regarding claim 2, the chromatographic strip support tool according to claim 1, wherein the projected portion has a second abutting portion (side wall that is created by wrapping the support surface to structure 12) that can abut against at least a partial portion of a side surface of the chromatographic strip placed on the support surface (contacts structure 64 or 54), the partial portion of the side surface being present at the one end side of the chromatographic strip (the side surface of 54 or 64 is in contact with the second abutting portion), the side surface being parallel with a longitudinal direction of the chromatographic strip (the side surface runs parallel with the longitudinal direction of the strip), and the display section displays includes the detection item corresponding to displayed in a manner to correspond to the predetermined location of the chromatographic strip when the chromatographic strip is placed on the support surface in a manner that the extremity of the chromatographic strip abuts against the first abutting portion and the side surface of the chromatographic strip abuts against the second abutting portion (the display section is structurally capable of performing the above function of displaying the chromatographic strip results of the interaction of the sample fluid with the reagent provided on the strip).
Regarding 3, the chromatographic strip support tool according to claim 2, wherein when the support surface is seen in a plan view perspective, the first abutting portion and the second abutting portion of the projected portion are at locations at which the first abutting portion and the second abutting portion are orthogonal to each other (the first abutting surface is horizontal to the strip and the second abutting surface is vertical or parallel with the longitudinal length of the strip, see fig.1-3).
Regarding claim 4, the chromatographic strip support tool according to claim 3, wherein when the support surface (40) is seen in the plan view perspective, the first abutting portion and the second abutting portion of the projected portion are at the locations at which the first abutting portion and the second abutting portion are orthogonal to each other (See the rejection of claim 3) and one end of the first abutting portion and one end of the second abutting portion contact each other (the first abutting portion and the second abutting portion contact each other at the fold or bend at the top of fig. 3 as annotated at the first projection portion).
Regarding claim 5, the chromatographic strip support tool of claim 2, wherein the second abutting portion includes paired portions that can abut against at least partial portions of a pair of side surfaces of the chromatographic strip respectively, the pair of side surfaces being parallel with the longitudinal direction of the chromatographic strip (the second abutting portion paired portions corresponds to the sidewalls which extend from the top 1st projection (first abutting surface).
Regarding claim 6, the chromatographic strip support tool claim 1, wherein the display section includes a plurality of detection items corresponding to displayed in a manner to correspond to a plurality of predetermined locations of the chromatographic strip respectively (a plurality of reagents that detect multiple analytes are included in the chromatographic strip).
Regarding claim 9, Bachand discloses a method of using the chromatographic strip support tool according to claim 1, the method comprising: placing the one end side of the chromatographic strip at the projected portion formed on the support surface of the chromatographic strip support tool in a manner that the extremity of the chromatographic strip at the one end side opposite to a side at which an analyte is supplied and the first abutting portion abut against each other (the test strip is placed on the support and the support surface is matted to the side of the cup to render the structure as seen in fig. 1-3); and in response to a detection at the predetermined location of the chromatographic strip, discerning the detection item of the display section, the detection item being displayed at a location corresponding to the predetermined location at which the detection occurs (a sample is allowed to travel through the strip and interact with reagents to produce a detectable result which is view through the window as seen in fig. 1-3).
Regarding claim 10, a method of using the chromatographic strip support tool of claim 2, the method comprising: placing the one end side of the chromatographic strip at the projected portion formed on the support surface of the chromatographic strip support tool in a manner that the extremity of the chromatographic strip at the one end side opposite to a side at which an analyte is supplied and the first abutting portion abut against each other and in a manner that at least the partial portion of the side surface of the chromatographic strip (the test strip is placed on the support and the support surface is matted to the side of the cup to render the structure as seen in fig. 1-3), the side surface being parallel with the longitudinal direction of the chromatographic strip (see fig. 1-3 and the rejection of claim 4 and 5), and the second abutting portion abut against each other (the first and second abutting portion meet at the 1st projection corner); and in response to a detection at the predetermined location of the chromatographic strip, discerning the detection item of the display section, the detection item being displayed at a location corresponding to the predetermined location at which the detection occurs(a sample is allowed to travel through the strip and interact with reagents to produce a detectable result which is view through the window as seen in fig. 1-3).
Regarding claim 11, the method of using the chromatographic strip support tool according to claim 9, further comprising supplying the analyte to the chromatographic strip either before or after the placing of the one end side of the chromatographic strip at the projected portion formed on the support surface of the chromatographic strip support tool (the analyte sample is provided to the chromatographic strip after the strip tool having the strip thereon in the container).
Regarding claim 12, the method of using the chromatographic strip support tool according to any one of claim 9, further comprising pasting an adhesive label containing information regarding the analyte on the projected portion in a manner that the adhesive label extends across the chromatographic strip in a transverse direction of the chromatographic strip at the one end side, after the placing of the one end side of the chromatographic strip at the projected portion formed on the support surface of the chromatographic strip support tool (indicia 86 is provided on the support tool as seen in fig. 1-3, specifically to the support surface having the projection portion. Col. 4, lines 30-47).
Regarding claim 13, the method of using the chromatographic strip support tool according to claim 9, wherein the chromatographic strip is for either immunochromatography (background summary) or nucleic acid chromatography.
Regarding claim 14. (Currently amended) The method of using the chromatographic strip support tool according to claim 9, wherein the chromatographic strip is a lateral flow type (sample flow is of the lateral type, ie. capillary action through the strip).
Conclusion
Pertinent art:
Chen 8470609, teaches a versatile drug testing device (a lateral flow diagnostic testing device) includes a flat transparent carrier with a top and a bottom with the carrier having a series of independent parallel grooves formed therein running from adjacent to the top to adjacent to the bottom of the carrier, each groove having a first opening and a second opening above the first opening therein adjacent to the bottom of the carrier, at least one drug test strip installed in one of said grooves with its absorbent pad contiguous to the openings and a cover layer attached to the carrier operable to sealing close each of said grooves whereby the bottom of the device can be immersed in a specimen of "urine", "body fluid" or "other biological specimen" to wet the pad of the at least one test strip though the ingress of the specimen though the associated openings and the test results on the test strip can be easily viewed through the transparent carrier. Because of the unique construction the device will give accurate reading if temporarily immersed in the specimen or left in the specimen for an extended period of time, making it very user friendly.
Ramel 2006/0008847 teaches A structure for controlling fluid flow from a sample receiving pad into a lateral flow assay test strip, including: a lateral flow assay test strip; a sample pad abutting the lateral flow assay test strip; a pinch wall positioned to direct fluid flow from the sample pad to the lateral flow assay test strip; a top support structure positioned on top of the test strip; and a bottom support structure positioned underneath the test strip, wherein each of the top and bottom support structures comprise a plurality of separate spaced-apart support ribs positioned along the length of the test strip.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL P SIEFKE whose telephone number is (571)272-1262. The examiner can normally be reached Monday, Tuesday, Thursday, Friday, 8-6.
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/SAMUEL P SIEFKE/Primary Examiner, Art Unit 1758