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 Arguments
Applicant’s arguments, see Remarks page 11, filed 11 December 2025, with respect to the rejections under 112(b) have been fully considered and are persuasive in light of the amendments. The rejections of the claims under 112(b) have been withdrawn.
Applicant's arguments, see Remarks page 12, filed 11 December 2025, have been fully considered but they are not persuasive. Applicant’s arguments are not commensurate with the scope of the structure implied by the amended claims.
Applicant’s arguments hinge on the limitation “the standard sample dispensing position and the reaction tube supplying position are the same position,” and states that this shared position means that “there is no need to provide the moving mechanism in the horizontal direction to the sample dispensing probe” and that “the transportation distance of the reaction tube 2011 of the reaction tube transportation arm 214 may be shortened.” (See remarks, page 13).
The examiner believes a reasonable interpretation of the structure of amended claim 1 is as follows;
A “reaction tube supplier” (referred to as a “reaction tube transportation arm” in the specification) loads a reaction tube onto “a reaction disk,” which is motorized by means of a “reaction tube transportation mechanism” (referred to as a “moving mechanism” in the specification). A “standard sample dispensing probe” pipettes a sample into the reaction tube on the reaction disk. The reaction disk rotates, and this rotation defines “the transportation path of the reaction tube of the reaction tube transportation mechanism.” When the tube is rotated into a second position, a “subject sample dispensing probe” pipettes a sample into the reaction tube on the reaction disk. In addition to the rotation, the reaction tube transportation mechanism raises and lowers the reaction disk.
Accordingly, applicant’s arguments are not convincing in light of the broadest reasonable interpretation of the claims. There is no elimination of a “moving mechanism in a horizontal direction”—the reaction disk could rotate, and would rotate around the same arc regardless of the relative positions of the “standard sample dispensing position” and the “reaction tube supplying position.” Likewise, the length of the reaction tube supplier’s reach is not necessarily shortened— that distance could be based on the distance between the reaction tube supplier and the reaction disk. Indeed, applicant’s arguments regarding shortening the length of an arm in the apparatus are especially unconvincing in light of the fact that no arm is claimed at all.
An argument hinging on a non-obvious structural arrangement would be stronger in light of positively-recited structural features. The examiner appreciates that applicant’s disclosure includes support for embodiments wherein the samples are dispensed prior to placement on the reaction disk, such as outlined in Figure 5. However, the scope of the amended claim 1 and the use of “configured to” language in the claim leaves the apparatus of amended claim 1 obvious over the previously cited prior art.
Status of Claims
Applicant's amendments to the claims filed 11 December 2025 have been entered. Applicant's remarks filed 11 December 2025 are acknowledged.
Claims 1, 3, 4, 9 – 11, 13, and 14 are in status “Currently Amended.” Claims 12, 15 – 17 are in status “Original.” Claim 18 is in status “New.” Claims 2 and 5 – 8 are cancelled.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 3, 4, 9 – 11, and 15 – 18 are rejected under 35 U.S.C. 103 as being unpatentable over Sakashita et al (US 8916096 B2) in view of Hiroshi (JP 2009053114 A, translation provided with OA submitted 02 September 2025).
With regards to claim 1, Sakashita et al teaches;
The claimed "An automatic analyzing apparatus" has been read on the taught (Column 1, line 18, "The present invention relates generally to automatic analyzers…");
The claimed "a reaction disk on which a reaction tube is placed" has been read on the taught (Column 9, line 49, "The incubator disk 108 has an ability to retain a plurality of reaction vessels…"; Incubator disk 108 reads on a reaction disk. A reaction vessel reads on a reaction tube);
The claimed "a reaction tube transportation mechanism configured to transport the reaction tube" has been read on the taught (Column 9, line 33, "The sample dispensing tip/reaction vessel transport unit 106 moves reaction vessels from the sample dispensing tip/reaction vessel station 107 to the incubator disk 108.");
The claimed "a controller configured to control the reaction tube transportation mechanism" has been read on the taught (Column 10, line 22, "These actions of the apparatus are controlled by a host computer as a control means not shown.");
The claimed controller configured to control the reaction tube transportation mechanism to "transport the reaction tube to at least one of a sample dispensing position and a reagent dispensing position, the sample dispensing position being a position where a sample is dispensed and the reagent dispensing position being a position where a reagent is dispensed" has been read on the taught (Column 9, line 33, "The sample dispensing tip/reaction vessel transport unit 106 moves reaction vessels from the sample dispensing tip/reaction vessel station 107 to the incubator disk 108. […]the sample dispensing unit 115 further moves to an upper area of a reaction vessel on the incubator disk 108, and discharges the sample into the reaction vessel."; Column 9, line 59, "A reagent dispensing pipettor 109 […] and after moving to an upper area of a predetermined reaction vessel on the incubator disk, discharges the reagent into the reaction vessel."; Moving the reaction vessels to the incubation disk reads on transporting the reaction tube. The upper area of a predetermined reaction vessel reads on a sample dispensing position and/or a reagent dispensing position.);
The claimed controller configured to control the reaction tube transportation mechanism to "transport to the reaction disk the reaction tube for which at least one of the sample and the reagent is dispensed" has been read on the taught (Column 9, line 33, "The sample dispensing tip/reaction vessel transport unit 106 moves reaction vessels from the sample dispensing tip/reaction vessel station 107 to the incubator disk 108.");
The claimed "a reaction tube supplier configured to supply the reaction tube at a reaction tube supplying position" has been read on the taught (Column 9, line 33, "The sample dispensing tip/reaction vessel transport unit 106 moves reaction vessels from the sample dispensing tip/reaction vessel station 107 to the incubator disk 108.");
The claimed "a standard sample dispensing probe configured to be arranged above the reaction tube supplying position in the reaction tube supplier, and dispense the standard sample to the reaction tube at a standard sample dispensing position among the sample dispensing position, the standard sample dispensing position being a position where a standard sample is dispensed" has been read on the taught (Column 9, line 59, "A reagent dispensing pipettor 109 moves to an upper area of a predetermined kind of reagent on the reagent disk 111, then suctions a predetermined amount of reagent, and after moving to an upper area of a predetermined reaction vessel on the incubator disk, discharges the reagent into the reaction vessel."; The reagent dispensing pipettor 109 reads on a standard sample dispensing probe. The upper area of the predetermined reaction vessel reads on a standard sample dispensing position.);
The claimed "a subject sample dispensing probe configured to: be arranged on a transportation path of the reaction tube of the reaction tube transportation mechanism, and dispense the subject sample to the reaction tube at a subject sample dispensing position among the sample dispensing position, the subject sample dispensing position being a position where the subject sample is dispensed," has been read on the taught (Column 9, line 41, "Next after moving to an upper area of a sample and acquiring the sample by suction, the sample dispensing unit 115 further moves to an upper area of a reaction vessel on the incubator disk 108, and discharges the sample into the reaction vessel."; Sample dispensing unit 115 reads on a subject sample dispensing probe.);
According to MPEP 2144.04(VI)(C), the rearrangement of parts may be prima facie obvious when the change in position would not have modified the operation of the device-- see In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) and In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975). As the exact locations of the standard sample dispensing position and the reaction tube supplying position would not modify the operation of the device taught by Sakashita et al, the claim limitation of "wherein the standard sample dispensing position and the reaction tube supplying position are the same positions" does not distinguish the claimed invention from the prior art of Sakashita et al.
However, Sakashita et al does not explicitly disclose wherein the controller is further configured to, when dispensing the standard sample to the reaction tube, control the reaction tube transportation mechanism and a dispensing controller at the reaction tube supplying position, which the standard sample dispensing position, to raise the reaction tube and dispense the standard sample, and when dispensing the subject sample to the reaction tube, control the reaction tube transportation mechanism and the dispensing controller to transport the reaction tube to the subject sample dispensing position and to raise the reaction tube and dispense the subject sample.
In the analogous art of automated analyzers, Hiroshi teaches;
An analyzer, as read on the taught ([0001], “The present invention relates to an analyzer for analyzing a liquid held in a container while moving the container.”);
The claimed wherein “the controller is further configured to, when dispensing the standard sample to the reaction tube, control the reaction tube transportation mechanism and a dispensing controller at the reaction tube supplying position, which the standard sample dispensing position, to raise the reaction tube and dispense the standard sample and when dispensing the subject sample to the reaction tube, control the reaction tube transportation mechanism and the dispensing controller to transport the reaction tube to the subject sample dispensing position and to raise the reaction tube and dispense the subject sample” has been read on the taught ([0008], “The analyzer according to the present invention further includes a control unit that controls a lifting operation of the lifting unit, the lifting unit selectively lifts and lowers one of the plurality of containers…”; [0011], “…the analyzer 1 according to the embodiment dispenses a sample and a reagent to be analyzed to a cuvette 21 […] and a control mechanism 3 that controls the entire analyzer 1…”; [0031], “…control part 31 performs the holder raising process which raises the holder 131 in order to insert the insertion member of an action / operation part in the cuvette 21 of analysis operation process object (step S6).”);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the automatic analyzer including a reaction tube transportation mechanism as taught by Sakashita et al with the controller configured to lift the reaction tube as taught by Hiroshi, in order to minimize the number of vertical actuators needed within probes, dispensing heads, or other mechanisms as taught by Hiroshi ([0004], “[C]onventionally, an elevating mechanism such as a motor that raises and lowers each mechanism, an elevating belt, and a motor rotation transmission pulley must be provided for each… since the number of parts required for the raising / lowering operation of each mechanism is increased, the entire analyzer is increased in size, and it is difficult to reduce the size of the entire analyzer.”; [0006], “In order to solve the above-described problems and achieve the object, an analyzer according to the present invention is an analyzer that analyzes a liquid held in a container while moving the container.”).
With regards to claim 3, the device of claim 1 is obvious over Sakashita et al in view of Hiroshi.
Sakashita et al does not explicitly disclose the new limitations of claim 3.
Hiroshi additionally teaches;
The claimed wherein “the controller, when dispensing the standard sample to the reaction tube, is further configured to control the reaction tube transportation mechanism and a dispensing controller that controls a dispensation to raise the reaction tube and dispense the standard sample at the standard sample dispensing position such that a bottom portion of the reaction tube is brought in contact with a tip of the standard sample dispensing probe or that the bottom portion of the reaction tube is located in a vicinity of the tip of the standard sample dispensing probe” has been read on the taught ([0008], “The analyzer according to the present invention further includes a control unit that controls a lifting operation of the lifting unit, the lifting unit selectively lifts and lowers one of the plurality of containers…”; [0011], “…the analyzer 1 according to the embodiment dispenses a sample and a reagent to be analyzed to a cuvette 21 […] and a control mechanism 3 that controls the entire analyzer 1…”; [0031], “…control part 31 performs the holder raising process which raises the holder 131 in order to insert the insertion member of an action / operation part in the cuvette 21 of analysis operation process object (step S6).”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the automatic analyzer including a reaction tube transportation mechanism as taught by Sakashita et al with the controller configured to lift the reaction tube as taught by Hiroshi, in order to minimize the number of vertical actuators needed within probes, dispensing heads, or other mechanisms as taught by Hiroshi ([0004], “[C]onventionally, an elevating mechanism such as a motor that raises and lowers each mechanism, an elevating belt, and a motor rotation transmission pulley must be provided for each… since the number of parts required for the raising / lowering operation of each mechanism is increased, the entire analyzer is increased in size, and it is difficult to reduce the size of the entire analyzer.”; [0006], “In order to solve the above-described problems and achieve the object, an analyzer according to the present invention is an analyzer that analyzes a liquid held in a container while moving the container.”).
With regards to claim 4, the device of claim 1 is obvious over Sakashita et al in view of Hiroshi.
Sakashita et al does not explicitly disclose the new limitations of claim 4.
Hiroshi additionally teaches;
The claimed wherein “the controller, when dispensing the subject sample to the reaction tube, is further configured to control the reaction tube transportation mechanism and the dispensing controller to raise the reaction tube and dispense the subject sample at the subject sample dispensing position such that a bottom portion of the reaction tube is brought in contact with a tip of the subject sample dispensing probe or that the bottom portion of the reaction tube is located at a position separated by a predetermined distance below the tip of the subject sample dispensing probe” has been read on the taught ([0008], “The analyzer according to the present invention further includes a control unit that controls a lifting operation of the lifting unit, the lifting unit selectively lifts and lowers one of the plurality of containers…”; [0011], “…the analyzer 1 according to the embodiment dispenses a sample and a reagent to be analyzed to a cuvette 21 […] and a control mechanism 3 that controls the entire analyzer 1…”; [0031], “…control part 31 performs the holder raising process which raises the holder 131 in order to insert the insertion member of an action / operation part in the cuvette 21 of analysis operation process object (step S6).”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the automatic analyzer including a reaction tube transportation mechanism as taught by Sakashita et al with the controller configured to lift the reaction tube as taught by Hiroshi, in order to minimize the number of vertical actuators needed within probes, dispensing heads, or other mechanisms as taught by Hiroshi ([0004], “[C]onventionally, an elevating mechanism such as a motor that raises and lowers each mechanism, an elevating belt, and a motor rotation transmission pulley must be provided for each… since the number of parts required for the raising / lowering operation of each mechanism is increased, the entire analyzer is increased in size, and it is difficult to reduce the size of the entire analyzer.”; [0006], “In order to solve the above-described problems and achieve the object, an analyzer according to the present invention is an analyzer that analyzes a liquid held in a container while moving the container.”).
With regards to claim 9, the apparatus of claim 1 is obvious over Sakashita et al in view of Hiroshi.
Sakashita et al additionally teaches;
The claimed “wherein the controller, after the sample has been dispensed into the reaction tube at the sample dispensing position, is configured to control the reaction tube transportation mechanism to transport the reaction tube to the reagent dispensing position” has been read on the taught (Column 9, line 49, “The incubator disk 108 has an ability to retain a plurality of reaction vessels, and moves each of the reaction vessels to a predetermined position on a circumference of the disk 108 by rotary motion.”; Column 9, line 59, “A reagent dispensing pipettor 109 […] after moving to an upper area of a predetermined reaction vessel on the incubator disk, discharges the reagent into the reaction vessel.”; The incubator disk being capable of rotary motion reads on a reaction tube transportation mechanism transporting the reaction tube to the reagent dispensing position.).
With regards to claim 10, the apparatus of claim 1 is obvious over Sakashita et al in view of Hiroshi.
Sakashita et al additionally teaches;
The claimed “a reagent dispensing probe configured to dispense the reagent to the reaction tube at the reagent dispensing position” has been read on the taught (Column 9, line 59, "A reagent dispensing pipettor 109 […] and after moving to an upper area of a predetermined reaction vessel on the incubator disk, discharges the reagent into the reaction vessel.").
However, Sakashita et al does not explicitly disclose the further limitations of claim 10.
Hiroshi further teaches;
The claimed wherein “controller is further configured to control the reaction transportation mechanism and a dispensing controller that controls a dispensation to raise the reaction tube and dispense the reagent before starting to dispense the reagent at the reagent dispensing position such that a tip of the reagent dispensing probe is arranged on a position separated by a predetermined distance above from a liquid surface of a liquid mixture of the sample and the reagent in the reaction tube when the first reagent is completely dispensed” has been read on the taught ([0008], “The analyzer according to the present invention further includes a control unit that controls a lifting operation of the lifting unit, the lifting unit selectively lifts and lowers one of the plurality of containers…”; [0011], “…the analyzer 1 according to the embodiment dispenses a sample and a reagent to be analyzed to a cuvette 21 […] and a control mechanism 3 that controls the entire analyzer 1…”; [0031], “…control part 31 performs the holder raising process which raises the holder 131 in order to insert the insertion member of an action / operation part in the cuvette 21 of analysis operation process object (step S6).”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the automatic analyzer as taught by Sakashita et al with the controller configured to lift the reaction tube as taught by Hiroshi, in order to minimize the number of vertical actuators needed within probes, dispensing heads, or other mechanisms as taught by Hiroshi ([0004], “[C]onventionally, an elevating mechanism such as a motor that raises and lowers each mechanism, an elevating belt, and a motor rotation transmission pulley must be provided for each… since the number of parts required for the raising / lowering operation of each mechanism is increased, the entire analyzer is increased in size, and it is difficult to reduce the size of the entire analyzer.”; [0006], “In order to solve the above-described problems and achieve the object, an analyzer according to the present invention is an analyzer that analyzes a liquid held in a container while moving the container.”).
With regards to claim 11, the apparatus of claim 1 is obvious over Sakashita et al in view of Hiroshi.
Sakashita et al additionally teaches;
The claimed “a reagent dispensing probe configured to dispense the reagent to the reaction tube at the reagent dispensing position” has been read on the taught (Column 9, line 59, "A reagent dispensing pipettor 109 […] and after moving to an upper area of a predetermined reaction vessel on the incubator disk, discharges the reagent into the reaction vessel.").
However, Sakashita et al does not explicitly disclose the further limitations of claim 11.
Hiroshi further teaches;
The claimed wherein “the controller is further configured to control the reaction tube transportation mechanism and a dispensing controller that controls a dispensation to raise the reaction tube before starting to dispense the reagent at the reagent dispensing position such that a bottom portion of the reaction tube is brought in contact with a tip of the sample dispensing probe or that the bottom portion of the reaction tube is located separated by a predetermined distance below from the tip of the sample dispensing probe, and lower the reaction tube and dispense the reagent in response to the height of a liquid surface of a liquid mixture of the sample and the reagent in the reaction tube while the reagent is dispensed” has been read on the taught ([0008], “The analyzer according to the present invention further includes a control unit that controls a lifting operation of the lifting unit, the lifting unit selectively lifts and lowers one of the plurality of containers…”; [0011], “…the analyzer 1 according to the embodiment dispenses a sample and a reagent to be analyzed to a cuvette 21 […] and a control mechanism 3 that controls the entire analyzer 1…”; [0031], “…control part 31 performs the holder raising process which raises the holder 131 in order to insert the insertion member of an action / operation part in the cuvette 21 of analysis operation process object (step S6).”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the automatic analyzer as taught by Sakashita et al with the controller configured to lift the reaction tube as taught by Hiroshi, in order to minimize the number of vertical actuators needed within probes, dispensing heads, or other mechanisms as taught by Hiroshi ([0004], “[C]onventionally, an elevating mechanism such as a motor that raises and lowers each mechanism, an elevating belt, and a motor rotation transmission pulley must be provided for each… since the number of parts required for the raising / lowering operation of each mechanism is increased, the entire analyzer is increased in size, and it is difficult to reduce the size of the entire analyzer.”; [0006], “In order to solve the above-described problems and achieve the object, an analyzer according to the present invention is an analyzer that analyzes a liquid held in a container while moving the container.”).
With regards to claim 15, the apparatus of claim 10 is obvious over Sakashita et al in view of Hiroshi.
Sakashita et al further teaches;
The claimed “wherein the reagent dispensing probe is a first reagent dispensing probe configured to: be arranged on a transportation path of the reaction tube, and dispense a first reagent to the reaction tube at a first reagent dispensing position among the reagent dispensing position, the first reagent dispensing position being a position where the reagent is dispensed” has been read on the taught (Column 9, line 59, "A reagent dispensing pipettor 109 […] and after moving to an upper area of a predetermined reaction vessel on the incubator disk, discharges the reagent into the reaction vessel.").
The limitation of a “first reagent” vs a general reagent dispensing probe is a method of intended use, and does not distinguish the claimed invention over the prior art. Any number of different reagents may be used in the apparatus as taught in the prior art of Sakashita et al.
With regards to claim 16, the apparatus of claim 15 is obvious over Sakashita et al in view of Hiroshi.
According to MPEP 2144.04(VI)(B), “mere duplication of parts has no patentable significance unless a new and unexpected result is produced.”—see In reHarza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). With regards to claim 16’s limitation that “a second reagent dispensing probe configured to dispense a second reagent to the reaction tube placed on the reaction disk,” no novel or unexpected results are disclosed in the specification of the instant application regarding this feature. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus as taught by Sakashita et al in view of Hiroshi with the claimed “a second reagent dispensing probe configured to dispense a second reagent to the reaction tube placed on the reaction disk,” for the benefit of dispensing multiple reagents without having to change out pipettor tips.
With regards to claim 17, the apparatus of claim 16 is obvious over Sakashita et al in view of Hiroshi.
Sakashita et al additionally teaches;
The claimed “the reaction tube transportation mechanism has a transportation arm configured to provide a rotational axis on one end and hold the reaction tube on another end, wherein the transportation arm is configured to transport the reaction tube by rotating about the rotational axis” has been read on the taught (Column 9, line 28, “A sample dispensing tip/reaction vessel transport unit 106 is adapted to move above a […] a sample dispensing tip/reaction vessel station 107, and part of an incubator disk 108, in directions of X-, Y-, and Z-axes.”; Figure 1 shows an arm with a fixed axis on one end and a means to hold the reaction tube on the other end.);
The claimed “wherein at least one of the reagent dispensing position and the reaction tube placement position on which the reaction tube is placed, is configured to be placed on a rotational trajectory of the reaction tube of the transportation arm” has been read on the taught (Column 9, line 33, “The sample dispensing tip/reaction vessel transport unit 106 moves reaction vessels from the sample dispensing tip/reaction vessel station 107 to the incubator disk 108.”; In order to place a reaction tube on the incubator disk, the reaction tube placement position must be located on the trajectory of the reaction tube transportation arm.).
Sakashita et al also explicitly teaches that arms/transport units can operate using a rotary axis of motion, as read on the taught (Column 12, line 39, “The reagent container moving unit 305 includes an arm mechanism 501 that moves a reagent container 110, and a drive portion 502 that rotates the arm mechanism 501.”).
With regards to claim 18, Sakashita et al teaches;
The claimed "An automatic analyzing apparatus" has been read on the taught (Column 1, line 18, "The present invention relates generally to automatic analyzers…");
The claimed "a reaction disk on which a reaction tube is placed" has been read on the taught (Column 9, line 49, "The incubator disk 108 has an ability to retain a plurality of reaction vessels…"; Incubator disk 108 reads on a reaction disk. A reaction vessel reads on a reaction tube);
The claimed "a reaction tube transportation mechanism configured to transport the reaction tube" has been read on the taught (Column 9, line 33, "The sample dispensing tip/reaction vessel transport unit 106 moves reaction vessels from the sample dispensing tip/reaction vessel station 107 to the incubator disk 108.");
The claimed "a controller configured to control the reaction tube transportation mechanism" has been read on the taught (Column 10, line 22, "These actions of the apparatus are controlled by a host computer as a control means not shown.");
The claimed controller configured to control the reaction tube transportation mechanism to "transport the reaction tube to at least one of a sample dispensing position and a reagent dispensing position, the sample dispensing position being a position where a sample is dispensed and the reagent dispensing position being a position where a reagent is dispensed" has been read on the taught (Column 9, line 33, "The sample dispensing tip/reaction vessel transport unit 106 moves reaction vessels from the sample dispensing tip/reaction vessel station 107 to the incubator disk 108. […]the sample dispensing unit 115 further moves to an upper area of a reaction vessel on the incubator disk 108, and discharges the sample into the reaction vessel."; Column 9, line 59, "A reagent dispensing pipettor 109 […] and after moving to an upper area of a predetermined reaction vessel on the incubator disk, discharges the reagent into the reaction vessel."; Moving the reaction vessels to the incubation disk reads on transporting the reaction tube. The upper area of a predetermined reaction vessel reads on a sample dispensing position and/or a reagent dispensing position.);
The claimed controller configured to control the reaction tube transportation mechanism to "transport to the reaction disk the reaction tube for which at least one of the sample and the reagent is dispensed" has been read on the taught (Column 9, line 33, "The sample dispensing tip/reaction vessel transport unit 106 moves reaction vessels from the sample dispensing tip/reaction vessel station 107 to the incubator disk 108.");
The claimed "a reaction tube supplier configured to supply the reaction tube at a reaction tube supplying position" has been read on the taught (Column 9, line 33, "The sample dispensing tip/reaction vessel transport unit 106 moves reaction vessels from the sample dispensing tip/reaction vessel station 107 to the incubator disk 108.");
The claimed "a standard sample dispensing probe configured to be arranged on a transportation path of the reaction tube of the reaction tube transportation mechanism, and dispense the standard sample to the reaction tube at a standard sample dispensing position among the sample dispensing position, the standard sample dispensing position being a position where a standard sample is dispensed" has been read on the taught (Column 9, line 59, "A reagent dispensing pipettor 109 moves to an upper area of a predetermined kind of reagent on the reagent disk 111, then suctions a predetermined amount of reagent, and after moving to an upper area of a predetermined reaction vessel on the incubator disk, discharges the reagent into the reaction vessel."; The reagent dispensing pipettor 109 reads on a standard sample dispensing probe. The upper area of the predetermined reaction vessel reads on a standard sample dispensing position.);
The claimed "a subject sample dispensing probe configured to: be arranged on a transportation path of the reaction tube of the reaction tube transportation mechanism, and dispense the subject sample to the reaction tube at a subject sample dispensing position among the sample dispensing position, the subject sample dispensing position being a position where the subject sample is dispensed," has been read on the taught (Column 9, line 41, "Next after moving to an upper area of a sample and acquiring the sample by suction, the sample dispensing unit 115 further moves to an upper area of a reaction vessel on the incubator disk 108, and discharges the sample into the reaction vessel."; Sample dispensing unit 115 reads on a subject sample dispensing probe.);
Sakashita further teaches that the pipetting means can be raised and lowered, as read on the taught (Column 15, lines 66 – column 16, line 3).
According to MPEP 2144.04(VI)(C), the rearrangement of parts may be prima facie obvious when the change in position would not have modified the operation of the device-- see In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) and In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975). As the exact locations of the standard sample dispensing position and the reaction tube supplying position would not modify the operation of the device taught by Sakashita et al, the claim limitation of "wherein the standard sample dispensing position and the reaction tube supplying position are the same positions" does not distinguish the claimed invention from the prior art of Sakashita et al.
However, Sakashita et al does not explicitly disclose wherein the controller is further configured to, when dispensing the standard sample to the reaction tube, control the reaction tube transportation mechanism and a dispensing controller at the reaction tube supplying position, which the standard sample dispensing position, to raise the reaction tube and dispense the standard sample, and when dispensing the subject sample to the reaction tube, control the reaction tube transportation mechanism and the dispensing controller to transport the reaction tube to the subject sample dispensing position and to raise the reaction tube and dispense the subject sample.
In the analogous art of automated analyzers, Hiroshi teaches;
An analyzer, as read on the taught ([0001], “The present invention relates to an analyzer for analyzing a liquid held in a container while moving the container.”);
The claimed wherein “the controller is further configured to, when dispensing the standard sample to the reaction tube, control the reaction tube transportation mechanism and a dispensing controller to transport the reaction tube to the standard sample dispensing position and to raise the reaction tube and dispense the standard sample; and when dispensing the subject sample to the reaction tube, control at the reaction tube supplying position, which is the standard sample dispensing position, to lower the subject sample dispensing probe without raising the reaction tube, and to dispense the subject sample” has been read on the taught ([0008], “The analyzer according to the present invention further includes a control unit that controls a lifting operation of the lifting unit, the lifting unit selectively lifts and lowers one of the plurality of containers…”; [0011], “…the analyzer 1 according to the embodiment dispenses a sample and a reagent to be analyzed to a cuvette 21 […] and a control mechanism 3 that controls the entire analyzer 1…”; [0031], “…control part 31 performs the holder raising process which raises the holder 131 in order to insert the insertion member of an action / operation part in the cuvette 21 of analysis operation process object (step S6).”);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the automatic analyzer including a reaction tube transportation mechanism as taught by Sakashita et al with the controller configured to lift the reaction tube as taught by Hiroshi, in order to minimize the number of vertical actuators needed within probes, dispensing heads, or other mechanisms as taught by Hiroshi ([0004], “[C]onventionally, an elevating mechanism such as a motor that raises and lowers each mechanism, an elevating belt, and a motor rotation transmission pulley must be provided for each… since the number of parts required for the raising / lowering operation of each mechanism is increased, the entire analyzer is increased in size, and it is difficult to reduce the size of the entire analyzer.”; [0006], “In order to solve the above-described problems and achieve the object, an analyzer according to the present invention is an analyzer that analyzes a liquid held in a container while moving the container.”).
Claims 12 – 14 are rejected under 35 U.S.C. 103 as being unpatentable over Sakashita et al (US 8916096 B2) in view of Hiroshi (JP 2009053114 A) and further in view of Shozo (JP 2015081827 A, cited on the IDS submitted 29 November 2022. Applicant’s provided translation is relied upon for this rejection.).
With regards to claim 12, the device of claim 10 is obvious over Sakashita et al in view of Hiroshi.
However, this combination does not explicitly disclose wherein the reaction tube transportation mechanism comprises a tilting mechanism configured to tilt the reaction tube relative to the reagent dispensing probe, and wherein the controller is further configured to control the reaction tube transportation mechanism to tilt the reaction tube with the tilting mechanism at the sample dispensing position before starting to dispense the reagent such that the reagent is dispensed to an inner wall of the reaction tube.
In the analogous art of automatic analyzers, Shozo teaches;
An analyzer, as read on the taught ([0002], “A conventional automatic analyzer is configured to dispense a test sample such as blood or urine and a reagent into a reaction vessel to generate a mixed solution, and analyze the generated mixed solution.”);
The claimed “a tilting mechanism configured to tilt the reaction tube relative to the reagent dispensing probe” has been read on the taught ([0042], “For example, the reaction vessel 3 may be provided perpendicularly to a holding portion such as the reaction disk 4, and the entire holding portion may be tilted to tilt the reaction vessel 3.”);
The claimed “wherein the controller is further configured to control the reaction tube transportation mechanism to tilt the reaction tube with the tilting mechanism at the sample dispensing position before starting to dispense the reagent such that the reagent is dispensed to an inner wall of the reaction tube” has been read on the taught ([0141], “From these, in the automatic analyzer 100 according to this embodiment, the inclined inner wall surface 3d1 is formed by tilting the reaction container 3 and the reagent is discharged vertically downward toward the inclined inner wall 3d1…”; Discharging the reagent downward toward the inclined inner wall reads on dispensing the reagent to the inner wall of the reaction tube.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the analyzer including a reaction tube transportation mechanism as taught by Sakashita et al in view of Hiroshi, with the tilting mechanism as taught by Shozo, for the benefit of minimizing reagent splattering or bubbles, as taught by Shozo ([0141] “From these, in the automatic analyzer 100 according to this embodiment, the inclined inner wall surface 3d1 is formed by tilting the reaction container 3 and the reagent is discharged vertically downward toward the inclined inner wall 3d1… This can prevent the reagent from scattering or air from being mixed into the liquid when the reagent is dispensed into the reaction container 3.).
With regards to claim 13, the apparatus of claim 1 is obvious over Sakashita et al in view of Hiroshi.
Sakashita et al additionally teaches;
The claimed “a reagent dispensing probe configured to dispense the reagent to the reaction tube at the reagent dispensing position” has been read on the taught (Column 9, line 59, "A reagent dispensing pipettor 109 […] and after moving to an upper area of a predetermined reaction vessel on the incubator disk, discharges the reagent into the reaction vessel.");
The claimed controller configured such that “an opening of the reaction tube is arranged to separate from a tip of the reagent dispensing probe” has been read on the taught (Column 9, line 59, "A reagent dispensing pipettor 109 […] and after moving to an upper area of a predetermined reaction vessel on the incubator disk, discharges the reagent into the reaction vessel. After this, the sample dispensing unit 115 moves…"; Discharging into an upper area of a predetermined reaction vessel and then moving reads on the vessel being arranged to separate from a tip of the reagent dispensing probe.).
However, Sakashita et al does not explicitly disclose wherein the reaction tube transportation mechanism comprises a tilting mechanism configured to tilt the reaction tube relative to the reagent dispensing probe, and wherein the controller is configured to control the reaction tube transportation mechanism and a dispensing controller that controls a dispensation at the reagent dispensing position to transport the reaction tube and dispense the reagent such that: the reaction tube is tilted with the tilting mechanism before starting to dispense the reagent, and the tip of the reagent dispensing probe is arranged above a position for which a liquid surface of a liquid mixture of the sample and the reagent in the reaction tube is presumed to contact with the inner wall of the reaction tube when the reagent is completely dispensed.
In the analogous art of automatic analyzers, Shozo teaches;
The claimed “wherein the reaction tube transportation mechanism comprises a tilting mechanism configured to tilt the reaction tube relative to the reagent dispensing probe” has been read on the taught ([0042], “For example, the reaction vessel 3 may be provided perpendicularly to a holding portion such as the reaction disk 4, and the entire holding portion may be tilted to tilt the reaction vessel 3.”);
The claimed “wherein the controller is configured to control the reaction tube transportation mechanism and a dispensing controller that controls a dispensation at the reagent dispensing position to transport the reaction tube and dispense the reagent” has been read on the taught ([0064], “… the analysis control unit 25 includes a mechanism unit 26 having a mechanism for driving each analysis unit of the analysis unit 24, and a control unit 27 for controlling each mechanism of the mechanism unit 26.”);
The claimed wherein the controller is configured such that “the reaction tube is tilted with the tilting mechanism before starting to dispense the reagent” and “the tip of the reagent dispensing probe is arranged above a position for which a liquid surface of a liquid mixture of the sample and the reagent in the reaction tube is presumed to contact with the inner wall of the reaction tube when the reagent is completely dispensed” has been read on the taught ([0141], “From these, in the automatic analyzer 100 according to this embodiment, the inclined inner wall surface 3d1 is formed by tilting the reaction container 3 and the reagent is discharged vertically downward toward the inclined inner wall 3d1…”; See also figure 7.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the analyzer including a reaction tube transportation mechanism as taught by Sakashita et al in view of Hiroshi, with the tilting mechanism as taught by Shozo, for the benefit of minimizing reagent splattering or bubbles, as taught by Shozo ([0141] “From these, in the automatic analyzer 100 according to this embodiment, the inclined inner wall surface 3d1 is formed by tilting the reaction container 3 and the reagent is discharged vertically downward toward the inclined inner wall 3d1… This can prevent the reagent from scattering or air from being mixed into the liquid when the reagent is dispensed into the reaction container 3.”).
With regards to claim 14, the apparatus of claim 1 is obvious over Sakashita et al in view of Hiroshi.
Sakashita et al additionally teaches;
The claimed “a reagent dispensing probe configured to dispense the reagent to the reaction tube at the reagent dispensing position” has been read on the taught (Column 9, line 59, "A reagent dispensing pipettor 109 […] and after moving to an upper area of a predetermined reaction vessel on the incubator disk, discharges the reagent into the reaction vessel.");
The claimed controller configured such that “an opening of the reaction tube is arranged to separate from a tip of the reagent dispensing probe” has been read on the taught (Column 9, line 59, "A reagent dispensing pipettor 109 […] and after moving to an upper area of a predetermined reaction vessel on the incubator disk, discharges the reagent into the reaction vessel. After this, the sample dispensing unit 115 moves…"; Discharging into an upper area of a predetermined reaction vessel and then moving reads on the vessel being arranged to separate from a tip of the reagent dispensing probe.).
However, Sakashita et al does not explicitly disclose wherein the reaction tube transportation mechanism comprises a tilting mechanism configured to tilt the reaction tube relative to the reagent dispensing probe, and wherein the controller is configured to control the reaction tube transportation mechanism at the reagent dispensing position to move the reaction tube to dispense the reagent such that: the reaction tube is tilted with the tilting mechanism before starting to dispense the reagent, and the tip of the reagent dispensing probe is arranged above a position for which a liquid surface of a liquid mixture of the sample and the reagent in the reaction tube is presumed to contact with the inner wall of the reaction tube when the reagent is completely dispensed.
In the analogous art of automatic analyzers, Shozo teaches;
The claimed “wherein the reaction tube transportation mechanism comprises a tilting mechanism configured to tilt the reaction tube relative to the reagent dispensing probe” has been read on the taught ([0042], “For example, the reaction vessel 3 may be provided perpendicularly to a holding portion such as the reaction disk 4, and the entire holding portion may be tilted to tilt the reaction vessel 3.”);
The claimed “wherein the controller is configured to control the reaction tube transportation mechanism and a dispensing controller that controls a dispensation at the reagent dispensing position to transport the reaction tube and dispense the reagent” has been read on the taught ([0064], “… the analysis control unit 25 includes a mechanism unit 26 having a mechanism for driving each analysis unit of the analysis unit 24, and a control unit 27 for controlling each mechanism of the mechanism unit 26.”);
The claimed wherein the controller is configured such that “the reaction tube is tilted with the tilting mechanism before starting to dispense the reagent” and “the tip of the reagent dispensing probe is arranged above a position for which a liquid surface of a liquid mixture of the sample and the reagent in the reaction tube is presumed to contact with the inner wall of the reaction tube when the reagent is completely dispensed” has been read on the taught ([0141], “From these, in the automatic analyzer 100 according to this embodiment, the inclined inner wall surface 3d1 is formed by tilting the reaction container 3 and the reagent is discharged vertically downward toward the inclined inner wall 3d1…”; See also figure 7.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the analyzer including a reaction tube transportation mechanism as taught by Sakashita et al in view of Hiroshi, with the tilting mechanism as taught by Shozo, for the benefit of minimizing reagent splattering or bubbles, as taught by Shozo ([0141] “From these, in the automatic analyzer 100 according to this embodiment, the inclined inner wall surface 3d1 is formed by tilting the reaction container 3 and the reagent is discharged vertically downward toward the inclined inner wall 3d1… This can prevent the reagent from scattering or air from being mixed into the liquid when the reagent is dispensed into the reaction container 3.).
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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/ALISON CLAIRE GERHARD/Examiner, Art Unit 1797 /LYLE ALEXANDER/Supervisory Patent Examiner, Art Unit 1797