DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
This is an office action in response to Applicant’s arguments and remarks filed on 28 November 2025. Claims 1-6 are pending in the application. Claims 1-6 are being examined herein.
Status of Objections and Rejections
The objection to the specification is withdrawn in view of amendment.
The interpretation of claims 1 and 6 under 35 U.S.C. § 112(f) is maintained.
The rejection of claims 1-3 under 35 U.S.C. § 103 in view of Arumugam, et. al. (US 20160291049 A1) in view of Grippo, et. al. (US 6363802 B1) is maintained.
The rejection of claim 4 under 35 U.S.C. § 103 in view of Arumugam, et. al. (US 20160291049 A1) and Grippo, et. al. (US 6363802 B1) in further view of Hanafusa, et. al. (US 20170138824 A1) is maintained.
The rejection of claim 5 under 35 U.S.C. § 103 in view of Arumugam, et. al. (US 20160291049 A1) and Grippo, et. al. (US 6363802 B1) in further view of Maeda (US 20160274011 A1) is maintained.
The rejection of claim 5 under 35 U.S.C. § 103 in view of Arumugam, et. al. (US 20160291049 A1) and Grippo, et. al. (US 6363802 B1) in further view of Boo, et. al. (US 20200241023 A1) is maintained
Response to Arguments
Applicant's arguments filed 28 November 2025 have been fully considered but they are not persuasive.
First, applicant states the 35 U.S.C. 112(f) interpretation of “a biasing member” in claims 1 and 6 to be “a spring plunger or coil spring and pin system or equivalents thereof” as interpreted by examiner in the office action dated 27 August 2025 is limiting (Remarks pg. 3-4). Applicant states further interpretations of “a biasing member” with a list of further examples (Remarks, pg. 4, par. 01). Examiner agrees that the further examples list do qualify as “a biasing member,” and are included under the “equivalents thereof” as found in office action dated 27 August 2025.
Further, the interpretating of “a biasing member” under 35 U.S.C. 35 112(f) is maintained because the claim recites no definite structural elements, but “configured to push the sample container accommodated in the recess upward.”
Applicant additionally argues “leaf spring-like members that contact the outer periphery of the container 104” do not push the container upward but instead prevents tilting or wobbling (Remarks, pg. 2-3). Examiner draws attention to Figure 1 (Arumugam) provided below, where two rectangle similar to the dimensions of the container. Without the leaf spring-like members the container will not only wobble but will have a horizontal tilt. This tilt prevents the container from being entirely upward support article 105, 103. It can be seen in provided Figure 1 (Arumugam) below that when entirely vertical, the rectangle is partially upward with respect to the titled rectangle. The leaf spring-like members as taught by Arumugam apply a force to push the container in an upward/upright position (the biasing member being configured to push the sample container accommodated in the recess upward).
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Further, for claim 1, because there is no structural elements to define the biasing member, including its location with respect to the sample container holder and the recesses. This means the biasing member is not required to be below the sample container.
In regard to claims 3 and 6, further structural relationships that recite the biasing member be below the sample container. Grippo teaches spring clips 28 similar to the leaf spring-like members of Arumugam that hold the sample container upward. However, Grippo further includes a spring 32 below the platform 30 (Grippo, Fig. 2). Because there is no structural elements to define the biasing member, interpreting the biasing member of Grippo to be the combination of the spring clips 28 and lower spring 32 that work together to push the sample container in an upright position and keep the platform holding the container pushed upward. Further, since both devices deal with a probe tip inserting entirely into a container, combing the lower spring portion of the biasing member as provided by Grippo, gives the device the benefit of accommodate movement of the vessel V when a downward force is applied to the vessel V from the probe tip T to stop the tip from over-exerting a downward force on the vessel V (Grippo, col 3, lines 35-49). Both Arumugam and Grippo teach biasing members from the side, adding a biasing member from underneath the container as provided by Grippo, provide likewise sought functionality and will yield predictable results. MPEP 2143(I)(A).
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “in claims 1 and 6.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
According to provided Figure 3 and paragraph 0038 of the specification in the instant application, “a biasing member” is a spring plunger or coil spring and pin system or equivalents thereof including the addition example as proved in the remarks on page 3-4 of the response provided 28 November 2025.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 are rejected under 35 U.S.C. 103 as being unpatentable over Arumugam, et. al. (US 20160291049 A1) in view of Grippo, et. al. (US 6363802 B1).
Regarding claim 1, Arumugam teaches a device for aspirating and dispensing liquids (Abstract). Arumugam teaches a diagnostic device 100 comprising a first support article 103 like a sample rack that is adapted to receive a container 108 (Fig. 1, 2; par. 0026) (a sample container holder having a plurality of recesses, each of the recesses being configured to accommodate a sample container). When looking to Figure 1, first support article 3 further comprises biasing member (as pointed out by the arrows in modified Figure 1 below) to hold container 108 in an upward direction (a biasing member provided in each of the plurality of recesses, the biasing member being configured to push the sample container accommodated in the recess upward).
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Arumugam teaches the diagnostic device 100 further comprises aspirator apparatus 106 with a pipette 104 and an (unlabeled) end of the pipette 104 that is submerged into container 108 and is capable of aspirating and dispensing a liquid (Fig. 1; par. 0030-0032) (a liquid dispensing mechanism having a discharge pipe for discharging a liquid from a tip end). Arumugam teaches aspirator apparatus 106 is controlled by aspiration control 118 of controller 116 through robot 102 that moves pipette 104 into and out of container 108 from above and is managed by potion control 114 to impart the desired motions from the robot to the pipette (Fig. 1; par. 0028-0030, 0033) (the liquid dispensing mechanism being configured to discharge the liquid in a state in which the tip end of the discharge pipe… at a predetermined dispensing target position from above).
Arumugam is silent to the liquid dispensing mechanism being configured to discharge the liquid in a state in which the tip end of the discharge pipe is pressed against an inner part of the sample container.
Grippo teaches a device for aspirating liquid (Abstract). Grippo teaches the device comprises an aspiration probe P with a tip T that is inserted into a vessel V, with the vessel V being supported on a platform 30 by a spring 32 and spring clips 28 (Fig. 2, col. 3, lines 10-14; col. 3, lines 35-40). Grippo teaches a movement-detecting means for detecting a predetermined movement to determine if the probe tip has reached the inside bottom of the vessel (col. 2, lines 26-31) (the liquid dispensing mechanism being configured to discharge the liquid in a state in which the tip end of the discharge pipe is pressed against an inner part of the sample container).Grippo teaches contacting the bottom of the sample container allows for more precise control over the aspiration and dispensing of liquid especially in systems when the probe and vials are not standardized (col. 1, lines 28-50).
It would have been obvious for one skilled in the art before the effective filing date of the invention to modify the robot and position controller of Arumugam to make the predetermined distance be once the bottom of the container is reached as taught by Grippo in order to have more precise control over the aspiration and dispensing of liquid, especially in non-standardized systems. Because both devices deal with a probe aspirating/dispensing liquid from a container, modifying the distance the probe moves to ensure it touches the container as provided by Grippo, provides likewise sought after functionality with reasonable expectation of success. MPEP 2143(I)(G).
Regarding claim 2, modified Arumugam teaches all functions of the system are operated through controller 116. The controller uses aspiration control 118 to control liquid aspiration and dispensing (par. 0033) (wherein the liquid dispensing mechanism is configured to discharge the liquid), movement of robot 102 and pipette 104 through position control 114 (par. 0029), and finally image processor 112 that determines if the standard operating procedure has been carried out (par. 0020, 0027) (Fig. 1) (after lowering the tip end of the discharge pipe by a predetermined distance from a predetermined initial position above the sample container).
Regarding claim 3, modified Arumugam teaches the limitation as applied to claim 1 above.
Modified Arumugam is silent to wherein the biasing member is configured to come into contact with the sample container from below.
Grippo teaches a device for aspirating liquid (Abstract). Grippo teaches vessel V is supported from the sides by spring clips 28 and below by platform 30 that rests on spring 32 (Fig. 2) (wherein the biasing member is configured to come into contact with the sample container from below). Grippo teaches spring 32 supports the vessel in a vertical position and accommodate movement of the vessel V when a downward force is applied to the vessel V from the probe tip T to stop the tip from over-exerting a downward force on the vessel V (col 3, lines 35-49).
It would have been obvious for one skilled in the art before the effective filing date of the invention to combine the side-facing biasing members of modified Arumugam with the lower spring of Grippo in order to support the vessel in a vertical position and to accommodate the force applied to the vessel. Because both devices deal with a probe tip inserting entirely into a container, combing biasing members from the side with a biasing member from underneath the container as provided by Grippo, provide likewise sought functionality and will yield predictable results. MPEP 2143(I)(A).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Arumugam, et. al. (US 20160291049 A1) and Grippo, et. al. (US 6363802 B1) as applied to claim 1 above, and in further view of Hanafusa, et. al. (US 20170138824 A1).
Regarding claim 4, modified Arumugam teaches a diagnostic device 100 comprising a first support article 103 like a sample rack that is adapted to receive a container 108 in one of a plurality of holders (Fig. 1, 2; par. 0026) (the sample container holder is configured to hold a container as the sample container) (sample container accommodated in each of the plurality of recesses).
Modified Arumugam is silent to the sample container including a filter, the sample container having an upper space and a lower space partitioned by the filter, and wherein the dispensing target position is a position on an upper surface of the filter equipped by the sample container accommodated in each of the plurality of recesses.
Hanafusa teaches a device for preprocessing samples with a separation device (Abstract). Hanafusa teaches a preprocessing apparatus 1 that includes a separation device 50 and collecting container 54, a sample setting part 2 and sample containers 6, and a sampling nozzle 20a that aspirates and dispenses a liquid (Fig. 1, 2A, 2B; par. 0054, 0056-0057). Hanafusa teaches sampling nozzle 20a aspirates liquid from sample container 6, rotates by sampling arm 20, and finally dispenses the liquid into separation device 50 at a dispensation port 32 (par. 0056-0058) (wherein the dispensing target position is a position on an upper surface of the filter equipped by the sample container)
Hanafusa teaches the separation device 50 is a cylindrical container with an internal space 50a, a separation layer 52 that performs filtration of the sample deposited in internal space 50a (Fig. 2A; par. 0064). Separation device 50 fits on top of collecting container 54 (Fig. 2B; par 0068) and created an upper and lower space separated by layer 52 and seen by the arrows in modified Figure 2C below (sample container including a filter, the sample container having an upper space and a lower space partitioned by the filter). Hanafusa teaches the attachable cartridge is useful for combining preprocessing and processing steps in the same device (par. 0007) to ultimately improve efficiency (par. 0010).
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It would have been obvious for one skilled in the art before the effective filing date of the invention to combine the container of modified Arumugam to be paired with a filtration device as taught by Hanafusa in order to pair sample preprocessing and processing steps together in a single device to improve efficiency. Because both devices handle the processing of samples through aspirating and dispensing liquids into containers, combining a container with a filtration device as provided by Hanafusa, provides likewise sought functionality and will yield predictable results. MPEP 2143(I)(A).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Arumugam, et. al. (US 20160291049 A1) and Grippo, et. al. (US 6363802 B1) as applied to claim 1 above, and in further view of Maeda (US 20160274011 A1).
Regarding claim 5, modified Arumugam teaches the limitation as applied to claim 1 above.
Modified Arumugam is silent to wherein the sample container holder is a temperature controller provided with a heat transfer block and a heater for heating the heat transfer block, and wherein the plurality of recesses is provided on an upper surface of the heat transfer block.
Maeda teaches an autosampler device with a sample rack disposes on a thermal conductive plate (Abstract). Maeda teaches a device in which samples for automatic analysis are placed in sample plates 22 that are then places on plate holders 18 (Fig. 2; par. 0020). A top surface of plate holder 18 is against the sample plates 22 and a bottom surface is exposed to a temperature changing device like a Peltier that cools plate holder 18 through conductive section 5a (Fig. 1; 0026-0028). Plate holder 18 is made from a thermally conductive material (par. 0022) (wherein the sample container holder is a temperature controller provided with a heat transfer block and a heater for heating the heat transfer block, and wherein the plurality of recesses is provided on an upper surface of the heat transfer block). While Maeda teaches this device is used for cooling purposes, one skilled in the art understands that Peltier devices are also able to heat surfaces. Maeda teaches individually regulating temperature of sample holders from below provides not only maintains the samples at a desired temperature but prevents unwanted side-effects like the formation of condensation in and around the system (par. 0006-0007).
It would have been obvious for one skilled in the art before the effective filing date of the invention to combine the sample container holder of modified Arumugam to be paired with a temperature regulating/heating device as taught by Maeda in order to maintain sample temperatures as well as prevent common drawbacks like condensation buildup. Because both devices handle the storage of samples before analysis, combining a heater/temperature regulating device with sample container holder as provided by Maeda, provides likewise sought functionality and will yield predictable results. MPEP 2143(I)(A).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Arumugam, et. al. (US 20160291049 A1) in view of Grippo, et. al. (US 6363802 B1) and Boo, et. al. (US 20200241023 A1).
Regarding claim 6, Arumugam teaches a device for aspirating and dispensing liquids (Abstract). Arumugam teaches a diagnostic device 100 comprising a first support article 103 like a sample rack that is adapted to receive a container 108 (Fig. 1, 2; par. 0026) (a sample… holder… in which a plurality of sample holding areas is formed). When looking to Figure 1, first support article 3 further comprises biasing member (as pointed out by the arrows in modified Figure 1 below) to hold container 108 in an upward direction (the biasing member being configured to bias the sample plate upward).
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Arumugam teaches the diagnostic device 100 further comprises aspirator apparatus 106 with a pipette 104 and an (unlabeled) end of the pipette 104 that is submerged into container 108 and is capable of aspirating and dispensing a liquid (Fig. 1; par. 0030-0032) (a liquid dispensing mechanism having a discharge pipe for discharging a liquid from a tip end). Arumugam teaches aspirator apparatus 106 is controlled by aspiration control 118 of controller 116 through robot 102 that moves pipette 104 into and out of container 108 from above and is managed by potion control 114 to impart the desired motions from the robot to the pipette (Fig. 1; par. 0028-0030, 0033) (the liquid dispensing mechanism being configured to discharge the liquid in a state in which the tip end of the discharge pipe… at a predetermined dispensing target position from above).
Arumugam is silent to the liquid dispensing mechanism being configured to discharge the liquid in a state in which the tip end of the discharge pipe is pressed against an inner part of the sample container and a biasing member provided at a position corresponding directly below each of the plurality of sample holding areas of the sample plate holder.
Grippo teaches a device for aspirating liquid (Abstract). Grippo teaches the device comprises an aspiration probe P with a tip T that is inserted into a vessel V, with the vessel V being supported on a platform 30 by a spring 32 and spring clips 28 (Fig. 2, col. 3, lines 10-14; col. 3, lines 35-40). Grippo teaches a movement-detecting means for detecting a predetermined movement to determine if the probe tip has reached the inside bottom of the vessel (col. 2, lines 26-31) (the liquid dispensing mechanism being configured to discharge the liquid in a state in which the tip end of the discharge pipe is pressed against an inner part of the sample container).Grippo teaches contacting the bottom of the sample container allows for more precise control over the aspiration and dispensing of liquid especially in systems when the probe and vials are not standardized (col. 1, lines 28-50).
It would have been obvious for one skilled in the art before the effective filing date of the invention to modify the robot and position controller of Arumugam to make the predetermined distance be once the bottom of the container is reached as taught by Grippo in order to have more precise control over the aspiration and dispensing of liquid, especially in non-standardized systems. Because both devices deal with a probe aspirating/dispensing liquid from a container, modifying the distance the probe moves to ensure it touches the container as provided by Grippo, provides likewise sought after functionality with reasonable expectation of success. MPEP 2143(I)(G).
Grippo teaches a device for aspirating liquid (Abstract). Grippo teaches vessel V is supported from the sides by spring clips 28 and below by platform 30 that rests on spring 32 (Fig. 2) (a biasing member provided at a position corresponding directly below each of the plurality of sample holding areas of the sample plate holder). Grippo teaches spring 32 supports the vessel in a vertical position and accommodate movement of the vessel V when a downward force is applied to the vessel V from the probe tip T to stop the tip from over-exerting a downward force on the vessel V (col 3, lines 35-49).
It would have been obvious for one skilled in the art before the effective filing date of the invention to combine the side-facing biasing members of modified Arumugam with the lower spring of Grippo in order to support the vessel in a vertical position and to accommodate the force applied to the vessel. Because both devices deal with a probe tip inserting entirely into a container, combing biasing members from the side with a biasing member from underneath the container as provided by Grippo, provide likewise sought functionality and will yield predictable results. MPEP 2143(I)(A).
Modified Arumugam is also silent to the sample holder being a sample plate holder configured to hold a sample plate in which a plurality of sample holding areas is formed.
Boo teaches a biological analysis system (Abstract). Boo teaches an analysis system in which the sample container and sample container holder is not limited to containers such as vials but can encompasses a wide range of structures that support one or more reaction sites, such as plates (0025). Boo teaches a plurality of samples 112 contained on a surface of a sample holder like a plate, and the sample holder is held on sample block 114 (Fig. 1; par. 0028) (the sample holder being a sample plate holder configured to hold a sample plate in which a plurality of sample holding areas is formed). Boo teaches each embodiment of the system is made to simplify installation and to automate as much of the system as possible to reduce inefficiency and inconsistency (par. 0003).
It would have been obvious for one skilled in the art before the effective filing date of the invention to modify the sample container holder that only holds vials of modified Arumugam to be able to accommodate the sample plate and plate holder as taught by Boo in order to simplify the system and its operation to minimize error. Because both systems deal with the automatic analysis of multiple samples, modifying the sample container holder to a sample plate and a sample plate holder provides likewise sought functionality with reasonable expectation of success. MPEP 2143(I)(G).
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADISON T HERBERT whose telephone number is (571)270-1448. The examiner can normally be reached Monday-Friday 8:30a-5:00p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Maris Kessel can be reached at (571) 270-7698. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.T.H./Examiner, Art Unit 1758
/MARIS R KESSEL/Supervisory Patent Examiner, Art Unit 1758