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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-12 and 17-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1, the term ” a container or a sachet holder” recited in line 7 and “a container or a sachet holder“ recited in line 10-11 renders the claim indefinite because it is unclear whether they are the same container or sachet holder. Note: for the purpose of examination, it is presumed it is the same “container or sachet holder”
In claim 2, the term ” a container or a sachet holder” recited in line 2 and “a container or a sachet holder“ recited in claim 1, line 7 renders the claim indefinite because it is unclear whether they are the same container or sachet holder. Note: for the purpose of examination, it is presumed it is the same “container or sachet holder”.
In claim 3, the term ” a container or a sachet holder” recited in line 2 and “a container or a sachet holder“ recited in claim 1, line 7 renders the claim indefinite because it is unclear whether they are the same container or sachet holder. Note: for the purpose of examination, it is presumed it is the same “container or sachet holder”.
In claim 7, the term ” a container or a sachet holder” recited in line 3 and “a container or a sachet holder“ recited in claim 1, line 4 renders the claim indefinite because it is unclear whether they are the same container or sachet holder. Note: for the purpose of examination, it is presumed it is the same “container or sachet holder”.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-2 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (CN 208689003) (cited by Applicant) in view of Zhao et al. (UCN 206818650) (previously cited).
Regarding claim 1, Zhang et al. discloses a desktop PH meter backet having an electrode holder, comprising: a bottom plate (1); and an electrode assembly holder (Fig. 1; upright post 2, rail 3 and connection piece 4 to clamp the electrode 6); wherein the bottom plate (1) comprises at least one coupling structure (Fig. 5, groove 12) for mounting a container or a sachet holder (Fig. 5, beaker) to it in a defined positional relation to the electrode assembly holder; and wherein the electrode assembly holder comprises a clamp (Fig. 3-4, connection piece 4) to hold an electrode (6), and is equipped to guide the electrode (6) held by the clamp (4) to the container or sachet holder (Fig. 5, beaker) mounted to the at least one coupling structure (12). Zhang et al. does not disclose an electrode arm comprises a clamp to hold an electrode, and is equipped to guide the electrode held by the clamp to the container or sachet holder. Zhao et al. discloses the electrode arm (13) comprises a clamp (17) to hold an electrode (15) and is equipped to guide the electrode (15) held by the clamp (17) to a container or sachet holder (31) (Fig. 1-7). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Zhang et al., an electrode arm comprises a clamp to hold an electrode, and is equipped to guide the electrode held by the clamp to the container or sachet holder, as taught by Zhao et al., for the purpose of proving the electrode arm that able to rotate, extending the electrode with respect to the sample container.
Regarding claim 2, Zhang et al. discloses more than one coupling structure (groove 12) for mounting the container or the sachet holder (beaker) to it (Fig. 5). Zhao et al. discloses more than one coupling structure (groove 39) (Fig. 2 and 5 and 7, where the container is placed) for mounting a container or a sachet holder (31) to it, wherein at least a subset of two or more of the coupling structures are arranged on a circle (Fig. 2 and 5-7).
Regarding claim 20, Zhang discloses a desktop PH meter backet having an electrode holder, comprising: a bottom plate (1) which is positionally fixed and comprises one or more coupling structures (12) for mounting containers or sachet holders (beaker) to the bottom plate, each in a respective defined, fixed position on the bottom plate; and an electrode assembly holder (Fig. 1; upright post 2, rail 3 and connection piece 4 to clamp the electrode 6) which is movable relative to the bottom plate and comprises a clamp (4) to hold an electrode (6) such that the electrode (6) held by the clamp (4) is guidable to a respective one of the mounted containers or sachet holders (beaker) at the bottom plate (1) (Fig. 1-5). Zhang et al. does not disclose an electrode arm which is movable comprises a clamp to hold an electrode such that the electrode held by the clamp is guidable to a respective one of the mounted containers or sachet holders. Zhao et al. discloses an electrode arm (13) which is movable comprises a clamp (17) to hold an electrode (15) such that the electrode (15) held by the clamp (17) is guidable to a respective one of the mounted containers or sachet holders (31) (Fig. 1-7). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Zhang et al., an electrode arm which is movable comprises a clamp to hold an electrode such that the electrode held by the clamp is guidable to a respective one of the mounted containers or sachet holders, as taught by Zhao et al., for the purpose of proving the electrode arm that able to rotate, extending the electrode with respect to the sample container.
Claim(s) 3-5 and 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (CN 208689003) in view of Zhao et al. (UCN 206818650) and further view of Seki et al. (JP 2005-257425) (previously cited) and Peng et al. (CN 214893370) (cited by Applicant).
Regarding claim 3, Zhao et al. discloses substantially all features of the claimed invention as set forth above including more than one coupling structure (groove 39) (Fig. 2 and 5-7, where the container is placed) for mounting the container or the sachet holder (31) to it except a first set of coupling structures for mounting a first type of container or sachet holders differs from a second set of coupling structures for mounting a second type of container or sachet holders and wherein the coupling structures belonging to the first set of coupling structures are arranged on a first circle and the coupling structures belonging to the second set of coupling structures are arranged on a second circle and wherein the center of the first and the second circle are the same and wherein the radius of the first and the second circle differs. Saki et al. discloses more than one coupling structure (hole 41) for mounting the container or the sachet holder (container 2) to it, wherein a first set of coupling structures (most outer set holes 41) for mounting a first set of container of sachet holders and a second set of coupling structures (middle set or most inner holes 41) for mounting a second set of container or sachet holders and wherein the coupling structures belong to the first set of coupling structures are arranged on a first circle and the coupling structures belonging to the second set of coupling structures are arranged on a second circle and wherein the center of the first and second circle are the same and wherein the radius of the first and second circle differs (Abstract; Fig. 19-20). Peng et al. discloses a first set of coupling structures (11) for mounting a first type of container or sachet holder (20) differs from a second set of coupling structures (12) for mounting a second type of container or sachet holders (30) Fig. 1-3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Zhang/Zhao, a first set of coupling structures for mounting a first type of container or sachet holders and a second set of coupling structures for mounting a second set of container or sachet holders and wherein the coupling structures belonging to the first set of coupling structures are arranged on a first circle and the coupling structures belonging to the second set of coupling structures are arranged on a second circle and wherein the center of the first and the second circle are the same and wherein the radius of the first and the second circle differs, as taught by Saki et al., for the purpose of holding a different sample containers in the disk-shaped sample holders; and a first set of coupling structures for mounting a first type of container or sachet holder differs from a second set of coupling structures for mounting a second type of container or sachet holders, as taught by Peng et al., for the purpose of holding/mounting different container or sachet holder.
Regarding claim 4, Zhang et al. discloses the at least one coupling structure (12) is a round hole (Fig. 5). Seki et al. also discloses the at least one coupling structure (41) is a round hole (Fig. 19). Peng et al. also discloses the at least one coupling structure (11, 12) is a round hole (Fig. 2).
Regarding claim 5, Peng et al. discloses the at least one coupling structure (11, 12) is rotational symmetric around a coupling axis; and at least one magnet (13) is arranged on the underside of the bottom plate (10) in the vicinity of the at least one coupling structure (12), wherein they are preferably three magnets arranged evenly on a circle with a center defined by the coupling axis and a first radius (Fig. 1-4).
Regarding claim 17, Zhang et al. and Zhao et al. discloses the electrode holder of claim 1; and at least one container or sachet holder (Zhang, beaker) for use with electrode holder. Peng et al. discloses at least one the container (20) or sachet holder (30) comprising: a cylindrical compartment which is open on the upper side and closed on the bottom, suitable to receive a sachet or a liquid and a second coupling structure (21 or 31) arranged on the bottom of the container (20) or sachet holder (30) which can be coupled to the at least one coupling structure (11 or 12) in the bottom plate; wherein the container (20) or sachet holder (30) is removably mounted to the bottom plate (10) by the interaction of the first coupling structure (11 or 12) and the second coupling structure (21 or 31) (10) (Fig. 1-5).
Regarding claim 18, Peng discloses the bottom plate (10) comprises more than one coupling structure (11 or 12) for mounting the container (20) or the sachet holder (30) to it; more than one container (20) or sachet holder (30) is removably mounted to the more than one coupling structure of the bottom plate (10) and the coupling structures (11 or 12) and the container (20) and/or sachet holders (30) mounted to it (Fig. 2-5). Zhao et al. discloses the container or sachet holders (31) are arranged and dimensioned such that measurement positions are on a circle with a center being on the rotation axis of the rotating member (Fig. 2 and 5-7).
Regarding claim 19, Zhang et al. and Zhao et al. discloses the electrode holder of claim 5; and at least one container (Zhang, beaker) for use with the electrode holder. Peng et al. discloses at least one sachet holder (12) comprising: a cylindrical compartment which is open on the upper side and closed on the bottom, suitable to receive a sachet or a liquid and a second coupling structure (21 or 31) arranged on the bottom of the container (20) or sachet holder (30) which can be coupled to the at least one coupling structure (11 or 12) in the bottom plate; and more than one equally dimensioned cylindrical compartment, arranged side by side in parallel to each other and symmetrically arranged around the second coupling axis, wherein the second coupling axis is also a symmetry axis of the second coupling structure; wherein the sachet holder (30) is removably mounted to the bottom plate (10) by the interaction of the first coupling structure (12) and the second coupling structure (31); the first (via 12) and the second coupling ( via 31) axis are aligned and whereby the first and the second radius are the same, such that the at least one magnet (32) in the bottom of one of the compartments is attracted by the at least one magnet (13) on the underside of the bottom plate (10), such that a desired orientation of the sachet holder relative to the electrode arm is fixed by this magnetic attraction (Fig. 2-4).
Claim(s) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (CN 208689003) in view of Zhao et al. (UCN 206818650) and further view of Kong (CN 206286696) (previously cited).
Regarding claim 6, Zhang/Zhao disclose substantially all features of the claimed invention as set forth above, including from Zhao, the electrode arm (13) comprises a vertical support (11), and a rotating member (12 or 122), and a clamp (14) except the vertical support is arranged vertically on the bottom plate; the rotating member can be move in a vertical direction; and the rotating member can turn around a rotation axis which is vertical and which is fixed with respect to the bottom plate. Kong discloses the vertical support (61) is arranged vertically on the bottom plate (10); the rotating member (31) can be moved in a vertically direction; the rotating member (31) can turn around a rotation axis (via 61) which is vertically and which is fixed with respect to the bottom plate (10) (Fig. 1-2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Zhang/Zhao, the vertical support is arranged vertically on the bottom plate; the rotating member can be move in a vertical direction; and the rotating member can turn around a rotation axis which is vertical and which is fixed with respect to the bottom plate, as taught by Kong, for the purpose of providing an electrode holder with electrode arm capable of rotating moving vertically.
Regarding claim 7, Zhao et al. discloses the rotation axis ((via 12) of the rotating member (13) runs through the center of the circle on which the more than one coupling structure (groove 39) for mounting the container or the sachet holder are arranged (Fig. 1-2).
Regarding claim 8, Zhao et al. discloses the electrode arm comprises a rotating base (131) which is connected with the rotating member (122) through a rotating structure (123 and 124) defining the rotation axis of the rotating member (122), and the rotating base (131)is guides by the vertical support (121) (Fig. 3).
Allowable Subject Matter
Claims 9-12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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/HUNG D NGUYEN/Primary Examiner, Art Unit 3761
HUNG D. NGUYEN
Primary Examiner
Art Unit 3761