Prosecution Insights
Last updated: April 17, 2026
Application No. 18/115,003

MIXING DEVICE, SYSTEM AND METHOD OF MIXING

Non-Final OA §102§112§DP
Filed
Feb 28, 2023
Examiner
COOLEY, CHARLES E
Art Unit
1774
Tech Center
1700 — Chemical & Materials Engineering
Assignee
unknown
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
2y 12m
To Grant
94%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allow Rate
1174 granted / 1486 resolved
+14.0% vs TC avg
Moderate +15% lift
Without
With
+15.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 12m
Avg Prosecution
40 currently pending
Career history
1526
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
32.6%
-7.4% vs TC avg
§102
25.0%
-15.0% vs TC avg
§112
31.4%
-8.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1486 resolved cases

Office Action

§102 §112 §DP
OFFICE ACTION This application has been assigned or remains assigned to Technology Center 1700, Art Unit 1774 and the following will apply for this application: Please direct all written correspondence with the correct application serial number for this application to Art Unit 1774. Telephone inquiries regarding this application should be directed to the Electronic Business Center (EBC) at http://www.uspto.gov/ebc/index.html or 1-866-217-9197 or to the Examiner at (571) 272-1139. All official facsimiles should be transmitted to the centralized fax receiving number (571)-273-8300. Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Priority Acknowledgment is made of applicant's claim for foreign priority based on two applications filed in the United Kingdom as seen below. It is noted, however, that applicant has not filed a certified copy of each of the foreign applications as required by 37 CFR 1.55. PNG media_image1.png 426 931 media_image1.png Greyscale Information Disclosure Statement Note the attached PTO-1449 forms submitted with the Information Disclosure Statements. Any crossed through documents are due to improper/invalid identification of the document or fail to comply with Rule 98 (missing required data such as date, inventor, or the like). Election/Restriction Applicant’s election without traverse of Group I - claims 21-32 in the reply filed on 11 NOV 2025 is acknowledged. Claims 33-37 are thereby withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11 NOV 2025. Drawings The replacement sheets of drawings filed on 31 MAR 2023 are approved for entry by the examiner. Specification The specification filed 28 FEB 2023 is objected to because page 1 claims priority to prior US application number 17/744,836 which has been crossed through as seen below (thus disclaimed) on the last filed ADS (filed 11 APR 2023). Accordingly, the priority claim under 35 USC 120 to the prior US application must be removed from the instant specification wherever it occurs. PNG media_image2.png 333 915 media_image2.png Greyscale Correction is required. The abstract is objected to because the reference to Fig. 1b in line 1 should be removed as superfluous and the brackets appearing in he penultimate line “[“ and “]” are improper and should be replaced with parentheses or otherwise. The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed (MPEP 606.01). A suggested title is --VORTEX MIXING SYSTEM--. In any event, the term “ENHANCED” [analogous to the improper term “Improved” as noted below] must not appear in the title per MPEP 606: PNG media_image3.png 422 987 media_image3.png Greyscale Claim Rejections - 35 U.S.C. § 112(b) 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. The inquiry during examination is patentability of the invention as the inventor or a joint inventor regards such invention. If the claims do not particularly point out and distinctly claim that which the inventor or a joint inventor regards as his or her invention, the appropriate action by the examiner is to reject the claims under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. In re Zletz, 893 F.2d 319, 13 USPQ2d 1320 (Fed. Cir. 1989). Claims 21-32 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. NOTE: Per 37 CFR 1.75(c), dependent claims shall be construed to include all the limitations of the claim incorporated by reference into the dependent claim. Accordingly, by definition, any claims that depend from a claim that is deemed indefinite under 35 USC 112(b) will also be considered indefinite and identified in the list of rejected claims above, even if such claims are themselves free of indefiniteness under § 112(b). Claim 21, line 22: “the reference beam” lacks antecedent basis. Claim 22: does “a structural element” have any relationship to the “support structural element” recited in claim 21? The bracket “[“ before “Claim 32” in this claim is objected to and should be removed. The use of a confusing variety of terms for the same thing should not be permitted - MPEP 608.01(o). For example, "reference structural element” vs. “reference beam”, etc. All claim terms must have proper antecedent basis. Also see 37 CFR 1.121(e) Disclosure consistency. The disclosure must be amended, when required by the Office, to correct inaccuracies of description and definition, and to secure substantial correspondence between the claims, the remainder of the specification, and the drawings. Claim Rejections - 35 U.S.C. § 112(d) The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claim 22 is rejected under 35 U.S.C. 112(d) as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. Claim 21 recites that the mixing device includes “a support structural element” while claim 22 states the invention apparently lacks this same element as best understood, thus broadening instead of further limiting the claims as required by 35 U.S.C. 112(d) and 37 CFR 1.75(c). § 1.75 Claim(s) (c) One or more claims may be presented in dependent form, referring back to and further limiting another claim or claims in the same application. Any dependent claim which refers to more than one other claim ("multiple dependent claim") shall refer to such other claims in the alternative only. A multiple dependent claim shall not serve as a basis for any other multiple dependent claim. For fee calculation purposes under § 1.16, a multiple dependent claim will be considered to be that number of claims to which direct reference is made therein. For fee calculation purposes also, any claim depending from a multiple dependent claim will be considered to be that number of claims to which direct reference is made in that multiple dependent claim. In addition to the other filing fees, any original application which is filed with, or is amended to include, multiple dependent claims must have paid therein the fee set forth in § 1.16(j). Claims in dependent form shall be construed to include all the limitations of the claim incorporated by reference into the dependent claim. A multiple dependent claim shall be construed to incorporate by reference all the limitations of each of the particular claims in relation to which it is being considered. See Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications. 76 FR 7166 (Feb. 9, 2011): 5. Dependent Claims: When examining a dependent claim, the examiner should also determine whether the claim complies with § 112, ¶4, which requires that dependent claims contain a reference to a previous claim in the same application, specify a further limitation of the subject matter claimed, and necessarily include all the limitations of the previous claim. If the dependent claim does not comply with the requirements of § 112, ¶4, the examiner should reject the dependent claim under § 112, ¶4 as unpatentable rather than objecting to the claim. Although the requirements of § 112, ¶4 are related to matters of form, noncompliance with § 112, ¶4 renders the claim unpatentable just as noncompliance with other paragraphs of § 112 would. For example, a dependent claim must be rejected under § 112, ¶4 if it omits an element from the claim upon which it depends or it fails to add a limitation to the claim upon which it depends. (footnotes omitted). Claim Rejections - 35 USC § 102 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 terms used in this respect are given their broadest reasonable interpretation in their ordinary usage in context as they would be understood by one of ordinary skill in the art, in light of the written description in the specification, including the drawings, without reading into the claim any disclosed limitation or particular embodiment. See, e.g., In re Am. Acad. of Sci. Tech. Ctr., 367 F.3d 1359, 1364 (Fed. Cir. 2004); In re Hyatt, 211 F.3d 1367, 1372 (Fed. Cir. 2000); In re Morris, 127 F.3d 1048, 1054-55 (Fed. Cir. 1997); In re Zletz, 893 F.2d 319, 321-22 (Fed. Cir. 1989). The Examiner interprets claims as broadly as reasonable in view of the specification, but does not read limitations from the specification into a claim. Elekta Instr. S.A.v.O.U.R. Sci. Int'l, Inc., 214 F.3d 1302, 1307 (Fed. Cir. 2000). "A claim is anticipated only if each and every element as set forth in the claim is found, either expressly or inherently described, in a single prior art reference." Verdegaal Bros. Inc. v. Union Oil Co. of California, 814 F.2d 628, 631 (Fed. Cir. 1987). The express, implicit, and inherent disclosures of a prior art reference may be relied upon in the rejection of claims under 35 U.S.C. 102 or 103. "The inherent teaching of a prior art reference, a question of fact, arises both in the context of anticipation and obviousness." In re Napier, 55 F.3d 610, 613, 34 USPQ2d 1782, 1784 (Fed. Cir. 1995) (affirmed a 35 U.S.C. 103 rejection based in part on inherent disclosure in one of the references). See also In re Grasselli, 713 F.2d 731, 739, 218 USPQ 769, 775 (Fed. Cir. 1983). See MPEP 2112. 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 21-32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by ENDO (US 2016/0089644 A1). The publication to ENDO discloses a mixing device 12 comprising a rotating actuator carrying 44 an eccentric load 46; a controller 13 exercising parameter control defining operation of the rotating actuator and instantaneous amounts of energy provided, to the mixing device 12 through controlled rotation of the eccentric load ¶ [0047] - [0099]; a mount 45 and/or 45a configured to hold securely the rotating actuator 44; a clamp 47 configured to hold a mixing container 14 or a multiplicity of mixing containers, wherein the mixing container 14 includes at least one liquid as part of assembled container contents [0100]; a multi-element spring 31 containing a plurality of structural elements connected to each other by an at least one connection 43, the at least one connection 43 supporting a relative dynamic change in orientation between connected structural elements when under dynamic load, the multi-element spring 31 including: a principal structural element 48 having a proximal end and a distal end, wherein the mount and rotating actuator are securely coupled substantially at or towards the proximal end; a support structural element (the block between 42 and 47) interposed between the distal end of the principal structural element 42 and the clamp 47, the support structural element both extending relatively outwardly from the principal structural element and in a different orientation (i.e., perpendicular) relative to the orientation of the principal structural element 42 and wherein the clamp 47 is affixed to the support structural element, the clamp 47 is fixed such as to hold, in use, the mixing container 14 securely into the mixing device 12; a reference structural element (the block below 45) connected, through a first integral connection, to a part of the principal structural element, the reference beam [sic] both extending relatively outwardly from the principal structural element and in a different orientation (i.e., perpendicular) relative to an orientation of the principal structural element 48, wherein the reference structural element has a shape designed to permit, when in use and further connected to a stable bracing structure 41, differing amounts of flexion movement relative to the stable bracing structure. Claim 22: wherein the multi-element spring 31 does not include a support structural element [sic] and wherein at or towards the distal end of the principal structural element 48, the clamp 47 is fixed such as to hold, in use, the mixing container 14 securely into the mixing device 12. Claims 23 and 24: wherein at least two of the principal structural element 48; the reference structural element (the block below 45); the clamp 47; the mount (45 and/or 45a); and the mixing container 14; are formed in a unitary construction when assembled - Figures 2 and 13 and [0046]. Claim 25: wherein the controller 13 is arranged to operate to control delivery of energy to the mixing device, as delivered by operation of the rotating actuator, that has a function that includes at least one of delivering a constant energy; delivering a linear variation in energy; delivering an exponential variation in energy; and delivering a non-linear variation in energy [0047] - [0099] and Figures 1 and 9-12. Claim 26: see below. Claim 27: a sealed container realizing the mixing container 14, wherein the sealed container is internally sterile and contains a sterile compound to be dissolved, diluted or suspended in or by a sterile diluent introduced into the container by means of seal penetration [0100] - [0101]. Claim 28: wherein combined resultant forces within the mixing device arising from controlled operation thereof cause the mixing container to move in an approximately predictable cyclical trajectory ([0047] - [0099] and Figures 4-8); and see below. Claim 29: wherein the controller 13 is arranged to instantiate an initial phase that induces a chaotic motion by shaking the assembled container contents in the attached mixing container ([0047] - [0099] and Figures 4-8). Claim 30: wherein at least one of the plurality of structural elements includes one or more of material relief of varying geometry - as seen in Figures 2 and 13. Claim 31: wherein the controller 13 is arranged controllably to establish production of a vortex-like effect within the container contents, said vortex-like effect arising as a state approximating system resonance is approached by mechanical interaction between components within the mixing device 12 ([0047] - [0099] and Figures 4-8). Claim 32: wherein at least one connection 43 is a hinge (an elastic member per [0033]). Claims 26 and 28: The manner in which the recited mixing device is operated to produce particular movements recites no further structure in these apparatus claims and as held in In re Casey, 370 F.2d 576, 152 USPQ 235 (CCPA 1967), "the manner or method in which such machine is to be utilized is not germane to the issue of patentability of the machine itself." See MPEP 2115. Nevertheless, the publication to ENDO discloses all of the recited structure irrespective of the manner in which said structure is operated. Moreover, the comprehensive controller 13 in ENDO appears capable of operating the mixing device 12 in the recited manners as described in [0047] - [0099] and Figures 4-8. APPARATUS CLAIMS MUST BE STRUCTURALLY DISTINGUISHABLE FROM THE PRIOR ART PNG media_image4.png 18 19 media_image4.png Greyscale While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997) (The absence of a disclosure in a prior art reference relating to function did not defeat the Board’s finding of anticipation of claimed apparatus because the limitations at issue were found to be inherent in the prior art reference); see also In re Swinehart, 439 F.2d 210, 212-13, 169 USPQ 226, 228-29 (CCPA 1971);In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531 (CCPA 1959). “[A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). More specifically, the publication to ENDO discloses in FIG. 1, an analyzer 10 that includes analysis unit 11, agitation unit 12, and control unit 13. Analysis unit 11 performs measurements of predetermined parameters on a measurement specimen prepared by mixing a sample as a measurement object with a reagent, and thus analyzes properties and the like of the sample. An analysis result by analysis unit 11 is transmitted to control unit 13 and is appropriately processed. Agitation unit 12 agitates and mixes the sample and the reagent together in order to prepare the measurement specimen for use in the analysis. As illustrated in FIG. 2, agitation unit 12 includes vibrator 31 and detector 32. Vibrator 31 vibrates container 14 that contains a liquid including the sample, the reagent, and the like, thereby agitating the liquid. As illustrated in FIG. 1 and FIG. 2, vibrator 31 includes motor 45, which vibrates container 14. Meanwhile, an acceleration sensor, for example, can be used as detector 32. Control unit/controller 13 includes measurement control unit 21, signal processing unit 22, drive circuit 23, and information processing unit 24. Measurement control unit 21 mainly performs operation control of analysis unit 11 and agitation unit 12. Measurement control unit 21 is provided with processor 25 such as a CPU, and storage unit 26 which includes a ROM, a RAM, and the like. Processor 25 executes a computer program stored in storage unit 26. Thus, measurement control unit 21 performs the operation control of agitation unit 12 and analysis unit 11, processing of the analysis result by analysis unit 11, and the like. Part of the functions of measurement control unit 21 may be carried out by a hardware circuit. Signal processing unit 22 acquires predetermined signals by processing detection signals by detector 32 provided in agitation unit 12, and outputs the signals to measurement control unit 21. Specifically, signal processing unit 22 includes phase detection circuit 27 and amplitude detection circuits 28 and 29. Phase detection circuit 27 converts a detection signal by detector 32 into a signal concerning a phase, and amplitude detection circuits 28 and 29 convert detection signals by detector 32 into signals concerning amplitudes. Drive circuit 23 drives motor 45 provided in agitation unit 12 in accordance with a control signal inputted from measurement control unit 21. Information processing unit 24 is provided with: processor 34 such as a CPU; storage unit 35 which includes a ROM, a RAM, a hard disk, and the like; and display unit 36. A liquid crystal monitor, a CRT or the like is used as display unit 36. Processor 34 executes a computer program installed in storage unit 35. Thus, information processing unit 24 exerts functions including communication with measurement control unit 21, and so forth. In addition, information processing unit 24 also receives an analysis order, instructs analysis unit 11 and agitation unit 12 to start operations, and performs processing, including output of the analysis result and the like. AGITATION UNIT: In an embodiment, agitation unit 12 vibrates container 14, which contains the sample and the reagent in order to prepare the measurement specimen, and agitates and thereby mixes the sample and the reagent together. As described above, agitation unit 12 includes vibrator 31 provided with motor 45, and detector 32. As illustrated in FIG. 2 and FIG. 3, vibrator 31 includes support member 41, holder member 42, elastic member 43, and drive member 44. Support member 41 is made of a metallic plate material. Support member 41 is connected to a movement mechanism (not shown) installed in analyzer 10, and moves at least in one direction out of a vertical direction, a front-back direction, and a right-left direction by the movement mechanism. In the following description, an X-axis direction in FIG. 2 is also referred to as the right-left direction and a Y-axis direction in FIG. 2 is also referred to as the front-back direction. Holder member 42 is arranged in front of support member 41 while providing a space in between, and holds container 14 that contains the liquid. Container 14 in the first embodiment is formed into a vertically elongated bottomed cylindrical shape, and an upper end of container 14 is opened. Holder member 42 includes catch section 47, which nips and holds the upper end of container 14 from two sides. Holder member 42 also includes body section 48 provided with catch section 47 at a lower end. Body section 48 is formed into a vertically elongated shape. Catch section 47 and body section 48 are made of a synthetic resin material and the like. Drive member 44 is provided at a position eccentric to one side in the right-left direction at an upper part of body section 48 of holder member 42. Drive member 44 includes motor 45 and weight 46. Motor 45 includes output shaft 45a, which projects upward. Weight 46 is attached to output shaft 45a. Weight 46 is formed into a semicircular shape in a plan view. Output shaft 45a is located at the radial center of weight 46. Since weight 46 is rotated around output shaft 45a, the rotation center and the gravity center of weight 46 are decentered from each other. For this reason, drive member 44 creates vibration by the rotation of output shaft 45a. An intermediate part in the vertical direction of body section 48 of holder member 42 is connected to support member 41 by use of elastic member 43. Elastic member 43 is formed into a tubular shape with the axial center in the front-back direction. One end portion in the axial direction of elastic member 43 is connected to support member 41 while the other end portion is connected to holder member 42. Support member 41 and holder member 42 can move relative to each other by means of elastic deformation of elastic member 43. Elastic member 43 is made of rubber. However, elastic member 43 may be formed from a spring made of a metal or a synthetic resin material instead. As described above, since drive member 44 is provided with weight 46 decentered from the rotation center, drive member 44 creates the vibration by rotating weight 46. As illustrated in FIG. 4, holder member 42 performs a conical rotational motion pivotally around elastic member 43 by the vibration created by drive member 44. Accordingly, container 14 held by catch section 47 of holder member 42 performs a rotational motion likewise. As illustrated in FIG. 2 and FIG. 3, detector 32 is attached to a back face side of catch section 47 of holder member 42. Detector 32 detects acceleration rates of holder member 42 in two mutually orthogonal directions, namely, the X-axis direction and the Y-axis direction along a horizontal plane. Detector 32 detects the acceleration rates of holder member 42 and thereby indirectly detects acceleration rates of container 14 held by holder member 42. As illustrated in FIG. 1, a detection result by detector 32 is inputted to signal processing unit 22 of control unit 13. An acceleration rate signal in the X-axis direction is inputted to phase detection circuit 27 and amplitude detection circuit 28 for the X-axis direction. An acceleration rate signal in the Y-axis direction is inputted to phase detection circuit 27 and amplitude detection circuit 29 for the Y-axis direction. Phase detection circuit 27 converts the inputted acceleration rate signals in the X-axis direction and the Y-axis direction into position signals in the respective directions, and obtains phase difference θ between the axis directions. Amplitude detection circuits 28 and 29 for the X-axis direction and the Y-axis direction convert the inputted acceleration rate signals into position signals in the X-axis direction and the Y-axis direction, and obtain amplitudes Ax and Ay in the axis directions. FIG. 5A and FIG. 5B illustrate displacements of holder member 42 when agitation of the liquid is normal. In a graph of FIG. 5A, the horizontal axis indicates the position in the X-axis direction and the vertical axis indicates the position in the Y-axis direction. In this example, holder member 42 is rotated along a perfect circular trajectory. In a graph of FIG. 5B, the horizontal axis indicates a rotation angle that represents the phase, and the vertical axis indicates the positions in the X-axis direction and the Y-axis direction. In this case, the positions in the X-axis direction and the Y-axis direction of holder member 42 change while drawing sinusoidal waves, respectively. Of holder member 42, the amplitude Ax in the X-axis direction and the amplitude Ax in the Y-axis direction are equal to each other, and the phase difference θ between the phase in the X-axis direction and the phase in the Y-axis direction is equal to 90°. The amplitudes Ax and Ay as well as the phase difference θ of holder member 42 represent vibration states and serve as state parameters used for controlling agitation unit 12. Here, a rotation radius r in the normal case illustrated in FIG. 5A and the amplitudes Ax and Ay in the normal case illustrated in FIG. 5B are each defined as “1”. The rotation radii r and the amplitudes Ax and Ay in FIG. 6A to FIG. 8B to be described next represent relative values to the rotation radius r and the amplitudes Ax and Ay in FIG. 5. FIG. 6A to FIG. 8B illustrate displacements of holder member 42 when the agitation of the liquid is abnormal. FIG. 6A illustrates a case where the agitation becomes abnormal due to the reason that the rotation radius r of holder member 42 is smaller than that in the normal case. In this case, as illustrated in FIG. 6B, the phase difference θ between the phase in the X-axis direction and the phase in the Y-axis direction is equal to 90° as with the normal case, and the amplitude Ax and the amplitude Ay are equal to each other. Accordingly, the rotational trajectory of holder member 42 becomes a perfect circular shape. However, the rotation radius r is smaller than that in the normal case. When the rotation radius r is small as described above, the liquid in container 14 is prone to be incompletely mixed. As a consequence, the agitation becomes abnormal. FIG. 7A illustrates a case where the agitation becomes abnormal because the rotational trajectory of holder member 42 is oval. In this case, as illustrated in FIG. 7B, the phase difference θ between the phase in the X-axis direction and the phase in the Y-axis direction is equal to 90°, whereas the amplitude Ax and the amplitude Ay are different from each other. Specifically, the amplitude Ay in the Y-axis direction is smaller than the amplitude Ax in the X-axis direction. Accordingly, the rotational trajectory illustrated in FIG. 7A becomes an oval shape which is slightly flattened in the Y-axis direction. When holder member 42 is rotated along the oval rotational trajectory as described above, the liquid in container 14 is prone to be agitated more in the major axis direction of the oval but less in the minor axis direction thereof, and to be incompletely mixed. As a consequence, the agitation becomes abnormal. FIG. 8A illustrates another case where the agitation becomes abnormal because the rotational trajectory of holder member 42 is oval. In this case, as illustrated in FIG. 8B, the amplitude Ax in the X-axis direction and the amplitude Ay in the Y-axis direction are equal to each other, whereas the phase difference θ is greater than 90°. Here, the rotational trajectory illustrated in FIG. 8A becomes an oval shape which is slightly flattened in a direction inclined from the X-axis direction as well as the Y-axis direction. When holder member 42 is rotated along the oval rotational trajectory as described above, the liquid in container 14 is prone to be agitated more in the major axis direction of the oval but less in the minor axis direction thereof, and to be incompletely mixed. As a consequence, the agitation becomes abnormal. The vibration of holder member 42 may cause a variation as compared to the normal state of agitation due to an error in attachment of agitation unit 12, an error or variation in revolution speed of motor 45, a change in state of elastic member 43, and the like. In other words, holder member 42 may cause not only the normal state of agitation as illustrated in FIG. 5 but also the abnormal states of agitation as illustrated in FIG. 6A to FIG. 8B. The error in attachment of agitation unit 12 may occur due to a variation in state of connection of elastic member 43 with either support member 41 or holder member 42, for example. Meanwhile, the error in motor revolution speed may occur due to an individual difference of motor 45, and the variation in revolution speed of motor 45 may occur due to noise and the like generated in a surrounding environment. The change in state of elastic member 43 may occur due to a change in environmental temperature, time degradation, and the like. As illustrated in FIG. 1, measurement control unit 21 of the first embodiment acquires the information on the amplitudes Ax and Ay and the phase difference θ of holder member 42 outputted from signal processing unit 22, and executes processing to be described below. Specifically, in the agitation abnormality illustrated in FIG. 6, the rotation radius r of holder member 42 is smaller than that in the normal state. Nevertheless, the rotational trajectory is in the perfect circular shape. It is therefore possible to correct the rotation radius back to normal by adjusting the revolution speed of motor 45. In the meantime, although it is not illustrated, if the rotation radius of holder member 42 is greater than that in the normal state, it is also possible to correct the rotation radius back to normal rotation radius r by adjusting the revolution speed of motor 45. Accordingly, when the rotational trajectory of holder member 42 is in the perfect circular shape, measurement control unit 21 adjusts the revolution speed of motor 45, thereby correcting the vibration so as to bring the rotation radius r back to normal. Thus, a variation in the state of agitation can be suppressed. On the other hand, when the rotational trajectory of holder member 42 is in the imperfect circular shape as illustrated in FIG. 7A to FIG. 8B, it is unlikely that the rotational trajectory turns into a perfect circular shape even if the revolution speed of motor 45 is adjusted. Accordingly, measurement control unit 21 stops the drive of motor 45 and thereby stops the agitation itself instead of correcting the vibration. Then, measurement control unit 21 transmits information indicating the presence of the agitation abnormality to information processing unit 24. Information processing unit 24 notifies a user of the agitation abnormality by displaying the information indicating the presence of the agitation abnormality on display unit 36. Hence, the user can take measures for resolving the agitation abnormality. In the first embodiment, the state of vibration of holder member 42 can be detected with the simple structure by detecting the acceleration rates in the two axial directions, namely, the X-axis direction and the Y-axis direction, by using detector 32. Here, among the components constituting agitation unit 12, support member 41, holder member 42, elastic member 43, drive member 44, and detector 32 are integrally assembled into a unit component as illustrated in FIG. 2 and are attached to analyzer 10. In this specification, the above-described unit component is also referred to as an agitation unit. Here, the components can be replaced or distributed depending on each agitation unit. (Processing Procedures Concerning Agitation Operation): Processing procedures of control unit 13 concerning the agitation by agitation unit 12 are described by using flowcharts. The processing procedures include the above-described determination as to whether or not the state of agitation is normal, and the control based on the determination. As illustrated in FIG. 9, information processing unit 24 transmits agitation period information to measurement control unit 21 in step S1. The agitation period information is information on time to be used by agitation unit 12 to agitate the liquid. The agitation period is set to one second, for example. Meanwhile, as illustrated in FIG. 10, measurement control unit 21 receives the agitation period information in step S11. Subsequently, in step S2 of FIG. 9, information processing unit 24 transmits an agitation start instruction to measurement control unit 21. On the other hand, measurement control unit 21 receives the agitation start instruction in step S12 of FIG. 10. Thereafter, information processing unit 24 stands by until completion of the agitation operation by agitation unit 12 is recognized in step S3 of FIG. 9. Measurement control unit 21 starts the agitation operation by agitation unit 12 on the basis of the agitation start instruction. Here, at the start of the agitation operation, container 14 containing the liquid is held in advance by catch section 47 of agitation unit 12. As illustrated in FIG. 10, measurement control unit 21 starts the drive of motor 45 in step S13. Container 14 held by catch section 47 performs the vibration by the drive of motor 45. The acceleration rates in the X-axis direction and the Y-axis direction attributed to the vibration are detected by detector 32. As illustrated in FIG. 1, the detection signals by detector 32 are inputted to signal processing unit 22. Amplitude detection circuits 28 and 29 of signal processing unit 22 obtain the amplitudes Ax and Ay in the X-axis direction and the Y-axis direction, respectively, by using the detection signals from detector 32, and output the amplitudes Ax and Ay to measurement control unit 21. Measurement control unit 21 acquires signals of the amplitudes Ax and Ay in the X-axis direction and the Y-axis direction in step S14 of FIG. 10. In the meantime, phase detection circuit 27 obtains the phase difference θ between the phase in the X-axis direction and the phase in the Y-axis direction by using the detection signals from detector 32, and outputs the phase difference θ to measurement control unit 21. Measurement control unit 21 acquires a signal of the phase difference θ between the X-axis direction and the Y-axis direction in step S15. In step S16, measurement control unit 21 determines whether or not a difference between the amplitudes Ax and Ay in the X-axis direction and the Y-axis direction is below a reference amplitude difference ΔA serving as a predetermined threshold. For example, the reference amplitude difference AA may be set to 30% of the amplitude in the normal state. In the example illustrated in FIG. 5B, the amplitudes Ax and Ay in the X-axis direction and the Y-axis direction in the normal state are each set to “1”. Accordingly, the reference amplitude difference ΔA may be set to “0.3”. Note that the value of the reference amplitude difference ΔA is a mere example and can be changed as appropriate depending on use conditions and the like. Measurement control unit 21 moves the processing to step S17 when the difference between the amplitudes Ax and Ay is smaller than the reference amplitude difference AA, i.e., when the following formula (1) is met. Measurement control unit 21 moves the processing to step S25 when the difference between the amplitudes Ax and Ay is equal to or above the reference amplitude difference ΔA. |Ax−Ay|<ΔA  (1) When the formula (1) is not met, the rotational trajectory of holder member 42 is considered to be in the oval shape as described with reference to FIG. 7A and FIG. 7B. In this case, it is possible to determine that there is an uncorrectable abnormality in the state of agitation. Accordingly, measurement control unit 21 records agitation abnormality information, which is information indicating the occurrence of the agitation abnormality, in storage unit 26 in step S25. Thereafter, measurement control unit 21 transmits a control signal to drive circuit 23 in step S23, thereby stopping motor 45. When the above-described formula (1) is met, measurement control unit 21 determines whether or not the phase difference θ between the X-axis direction and the Y-axis direction falls within a predetermined range in step S17. The predetermined range may be defined as a range of 90°±20°, for example. In this case, an upper limit θ.sub.H of the phase difference θ is equal to 110° while a lower limit θ.sub.L thereof is equal to 70°. Measurement control unit 21 moves the processing to step S18 when the phase difference θ meets the following formula (2). Measurement control unit 21 moves the processing to step S25 when the phase difference θ does not meet the following formula (2). θ.sub.L<|θ|<θ.sub.H  (2) When the formula (2) is not met, the rotational trajectory of holder member 42 is considered to be in the oval shape as described with reference to FIG. 8A and FIG. 8B. In this case, it is possible to determine that there is an uncorrectable abnormality in the state of agitation. Accordingly, measurement control unit 21 records the agitation abnormality information in storage unit 26 in step S25. Thereafter, measurement control unit 21 transmits the control signal to drive circuit 23 in step S23, thereby stopping motor 45. When the above-described formula (2) is met, measurement control unit 21 determines whether or not an average value of the amplitude Ax in the X-axis direction and the amplitude Ay in the Y-axis direction is greater than a predetermined lower limit A.sub.LOK in step S18. Measurement control unit 21 moves the processing to step S19 when the average value of the amplitude Ax in the X-axis direction and the amplitude Ay in the Y-axis direction is greater than the predetermined lower limit A.sub.LOK, i.e., when the following formula (3) is met. Measurement control unit 21 moves the processing to step S21 when the formula (3) is not met. (A.sub.x+A.sub.y)/2>A.sub.LOK  (3) When the formula (3) is not met, it is possible to determine that the agitation abnormality occurs due to the reason that the rotation radius of holder member 42 is smaller than that in the normal state as described with reference to FIG. 6A and FIG. 6B. Accordingly, measurement control unit 21 executes the control of the motor revolution speed in step S21 and corrects the vibration such that the rotation radius of holder member 42 falls within a normal range. Processing procedures of the control of the motor revolution speed are described later. Here, the predetermined lower limit A.sub.LOK may be set to 70% of a value in the normal state, for example. In the example of the normal state illustrated in FIG. 5A and FIG. 5B, the average value of the amplitudes Ax and Ay is equal to “1”. Accordingly, the predetermined lower limit A.sub.LOK may be set to “0.7”. When the formula (3) is met, measurement control unit 21 determines whether or not the average value of the amplitude Ax in the X-axis direction and the amplitude Ay in the Y-axis direction is smaller than a predetermined upper limit A.sub.HOK in step S19. Measurement control unit 21 moves the processing to step S20 when the average value of the amplitudes Ax and Ay is smaller than the predetermined upper limit A.sub.HOK, i.e., when the following formula (4) is met. Measurement control unit 21 moves the processing to step S22 when the formula (4) is not met. (A.sub.x+A.sub.y)/2<A.sub.HOK  (4) Although the size of the rotation radius r of holder member 42 is determined in step S18 and step S19 by using the average value of the amplitude Ax in the X-axis direction and the amplitude Ay in the Y-axis direction, the size of the rotation radius r of holder member 42 may be determined by using at least one amplitude out of the amplitude Ax in the X-axis direction and the amplitude Ay in the Y-axis direction. When the formula (4) is not met, it is possible to determine that the agitation abnormality occurs due to the reason that the rotation radius of holder member 42 is greater than that in the normal state. Accordingly, measurement control unit 21 executes control of the motor revolution speed in step S22 and corrects the vibration such that the rotation radius of holder member 42 falls within the normal range. Processing procedures of the control of the motor revolution speed are described later. Here, the predetermined upper limit A.sub.HOK may be set to 130% of the average value in the normal state, for example. In the example of the normal state illustrated in FIG. 5A and FIG. 5B, the average value of the amplitudes Ax and Ay is equal to “1”. Accordingly, the predetermined upper limit A.sub.HOK may be set to “1.3”. When all of the above-described formulae (1) to (4) are met, it is possible to determine that holder member 42 performs the vibration in accordance with the perfect rotational trajectory and the proper rotation radius as illustrated in FIG. 5A and FIG. 5B. Therefore, it is also possible to determine that the liquid in container 14 is normally agitated as well. In step S20, measurement control unit 21 continues the agitation while keeping the revolution speed of motor 45 constant until the agitation period is completed. Then, as the predetermined agitation period is completed, measurement control unit 21 transmits a control signal to drive circuit 23 in step S23 in order to stop motor 45. Meanwhile, in step S24, measurement control unit 21 sends information processing unit 24 information indicating completion of the agitation operation, and agitation result information indicating an agitation result. (First Motor Revolution Speed Control): Next, the processing procedures of the control of the motor revolution speed in step S21 are described. Step S21 represents the processing procedures to take place when the rotation radius of holder member 42 is smaller than the normal range. As illustrated in FIG. 11, in step S31, measurement control unit 21 records the average value of the amplitude Ax in the X-axis direction and the amplitude Ay in the Y-axis direction as an initial value A0 in storage unit 26. Next, in step S32, measurement control unit 21 transmits a control signal to drive circuit 23, thereby increasing the motor revolution speed. Then, in step S33, measurement control unit 21 acquires signals of new amplitudes Ax and Ay from amplitude detection circuits 28 and 29 of signal processing unit 22. In step S34, measurement control unit 21 obtains an average value of the new amplitudes Ax and Ay, and compares the average value with the initial value A0. Measurement control unit 21 moves the processing to step S35 when the average value of the new amplitudes Ax and Ay turns out to be greater than the initial value A0, or moves the processing to step S41 when the average value of the new amplitudes Ax and Ay turns out to be smaller than the initial value A0. When the average value of the new amplitudes Ax and Ay is greater than the initial value A0, the rotation radius of holder member 42 is made greater by increasing the motor revolution speed. Accordingly, it is possible to correct the rotation radius, which is smaller than the normal range, in such a way as to bring the rotation radius closer to the normal range. In step S35, measurement control unit 21 transmits the control signal to drive circuit 23, thereby further increasing the motor revolution speed. Measurement control unit 21 acquires signals of other new amplitudes Ax and Ay from amplitude detection circuits 28 and 29 in step S36, and compares an average value of the amplitudes Ax and Ay with the lower limit A.sub.LOK of the normal range of the rotation radius in step S37. Measurement control unit 21 determines that the rotation radius is corrected in such a way as to fall within the normal range when the average value of the amplitudes Ax and Ay turns out to be equal to or above the lower limit A.sub.LOK, and moves the processing to step S38. In step S38, measurement control unit 21 stands by while keeping the motor revolution speed constant until the agitation period is completed, and continues the agitation. When the average value of the amplitudes Ax and Ay turns out to be smaller than the lower limit A.sub.LOK in step S37, it is possible to determine that the rotation radius of holder member 42 is not increased enough to fall within the normal range. In this case, in step S39, measurement control unit 21 determines whether or not the agitation period is completed. When the agitation period is not completed, measurement control unit 21 transmits the control signal to drive circuit 23 in step S35, thereby increasing the motor revolution speed again. Thereafter, measurement control unit 21 executes the processing of steps S36 and S37 again. If the average value of the amplitudes Ax and Ay does not become equal to or above the lower limit A.sub.LOK on or before the completion of the agitation period, then measurement control unit 21 determines that it is impossible to correct the rotation radius of holder member 42 in such a way as to fall within the normal range. Accordingly, in step S40, measurement control unit 21 stores agitation abnormality information indicating the occurrence of the agitation abnormality in storage unit 26. The agitation abnormality information is used later for notifying the user of the agitation abnormality. When the average value of the amplitudes Ax and Ay is equal to or below the initial value A0 in step S34, measurement control unit 21 moves the processing to step S41 and reduces the motor revolution speed by transmitting the control signal to drive circuit 23. In other words, the rotation radius becomes smaller despite the increase in the motor revolution speed in step S32. Accordingly, measurement control unit 21 performs the control to reduce the motor revolution speed instead. Subsequently, measurement control unit 21 acquires signals of other new amplitudes Ax and Ay from amplitude detection circuits 28 and 29 in step S42, and compares an average value of the amplitudes Ax and Ay with the lower limit A.sub.LOK of the normal range in step S43. Measurement control unit 21 determines that the rotation radius is corrected in such a way as to fall within the normal range when the average value of the amplitudes Ax and Ay turns out to be equal to or above the lower limit A.sub.LOK. In step S44, measurement control unit 21 stands by while keeping the motor revolution speed constant until the agitation period is completed, and continues the agitation. When the average value of the amplitudes Ax and Ay is smaller than the lower limit A.sub.LOK in step S43, it is possible to determine that the rotation radius of holder member 42 is not increased enough to fall within the normal range. In this case, in step S45, measurement control unit 21 determines whether or not the agitation period is completed. When the agitation period is not completed, measurement control unit 21 transmits the control signal to drive circuit 23 in step S41, thereby reducing the motor revolution speed again. Measurement control unit 21 executes the processing of steps S42 and S43 again. If the average value of the amplitudes Ax and Ay does not become equal to or above the lower limit A.sub.LOK on or before the completion of the agitation period, then measurement control unit 21 determines that it is impossible to correct the rotation radius of holder member 42 in such a way as to fall within the normal range. Accordingly, in step S46, measurement control unit 21 stores agitation abnormality information indicating the occurrence of the agitation abnormality in storage unit 26. The agitation abnormality information is also used later for notifying the user of the agitation abnormality. (Second Motor Revolution Speed Control): Next, the processing procedures of the control of the motor revolution speed in s
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Prosecution Timeline

Feb 28, 2023
Application Filed
Jun 11, 2023
Response after Non-Final Action
Nov 14, 2025
Non-Final Rejection — §102, §112, §DP (current)

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