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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 13 April 2026 has been entered.
Response to Amendment
This is an office action in response to Applicant’s arguments and remarks filed on 13 April 2026. Claims 1-6 are pending in the application. Claims 1-6 are being examined herein.
Status of Objections and Rejections
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 (US 6363802 B1) is withdrawn.
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 (US 20170138824 A1) is withdrawn.
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 (US 6363802 B1) in further view of Maeda (US 20160274011 A1) is withdrawn.
The rejection of claim 6 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 (US 20200241023 A1) is withdrawn.
Response to Arguments
Applicant’s arguments, see Remarks, pages 6-7, filed 13 April 2026, with respect to the rejection(s) of claim(s) 1 under 35 U.S.C. § 103 in view of Arumugam, et. al. (US 20160291049 A1) in view of Grippo, et. al. (US 6363802 B1) and claim 6 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) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Arumugam, et. al. (US 20160291049 A1) in view of Grippo, et. al. (US 6363802 B1) (claim 1) and Arumugam, et. al. (US 20160291049 A1) and Grippo, et. al. (US 6363802 B1) in further view of Boo, et. al. (US 20200241023 A1) (claim 6).
Applicant argues, “the leaf spring-like members of Arumugam are not ‘provided at the bottom of each of the plurality of recesses’ and are not ‘configured to be compressed by a pressing force when the tip end of the discharge pipe is pressed against the inner part of the sample container’ as recited in claim 1” (remarks, pg. 6, par. 03) to which examiner agrees. The leaf spring-like members of Arumugam do not teach the full functional and structural limitations of the biasing members as recited in claims 1 and 6.
Applicant offers no further arguments for claim 2-5 except for their dependence on claim 1.
Applicant's arguments filed 13 April 2026 have been fully considered but they are not persuasive.
Applicant further argues one of ordinary skill in the art would not be motivated to combine Arumugam in view of Grippo (Remarks, pg. 7, par. 02-03). Examiner respectfully disagrees with this conclusion. The devices of Arumugam and Grippo are analogous art both specifically teaching devices wherein a liquid is aspirated by a (probe) tip from a sample container being held in place by a holder with supports. Arumugam teaches leaf spring-like supports on the side of the sample container (Fig. 1) and Grippo teaches a platform 30, a spring 32 and spring clips 28 (Fig. 2). Both serve the purpose of supporting the sample container (Arumugam, Fig. 2) (Grippo, Fig. 2; col. 3, lines 10-14). Grippo teaches additional benefits, discussed in details below, to operate with the probe tip (Grippo, Fig. 4; col. 2, lines 26-31) to improve the operation of the device as a whole (Grippo, col. 1, lines 28-50).
Examiner has withdrawn the previous rejection, specifically the motivation for a specific combination of the biasing members of Arumugam and Grippo. However, Examiner respectfully disagrees that there is a lack of motivation to combine Arumugam and Grippo in general, as they are analogous art. Examiner has provided a new motivation to combine in view of the amendments to claims 1 and 6.
Applicant additionally argues “neither Arumugam nor Grippo teaches the use of biasing members to absorb dimensional variations among a plurality of sample container accommodating portions (recesses) or among the sample containers accommodated therein” (Remarks, pg. 7, par. 02). Examiner respectfully points out that this is not a requirement of the biasing member within the claims and therefore does not hold patentable weight.
Claim Interpretation
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: “a biasing member” in claims 1 and 6.
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.
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.
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). 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, 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; and wherein the biasing member is provided at the bottom of each of the plurality of recesses and is configured to be compressed by a pressing force when the tip end of the discharge pipe is pressed against the 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 (Fig. 4; 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).
Grippo additionally teaches holding the vessel in place in the device is a series of supports including spring 32 that is configured to "support the vessel in a nominal vertical position when no external downward force is applied to the vessel, i.e. when the aspiration probe is not in contact with either the vessel stopper 26, or with the vessel bottom" (Fig. 2; col. 3, lines 40-44) (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). Grippo teaches spring 32 is in a lower location and is configured to allow the bottom of the vessel V to compress the spring 32 when probe tip T extends a downward force on the vessel V in operation (Fig. 2; col. 3, line 10 - col. 4, line 14) (wherein the biasing member is provided at the bottom of each of the plurality of recesses and is configured to be compressed by a pressing force when the tip end of the discharge pipe is pressed against the inner part of the sample container). Grippo teaches not only does spring 32 support the vessel in a vertical position, but also accommodates 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 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 because doing so would teach more precise control over the aspiration and dispensing of liquid, especially in non-standardized systems with a reasonable expectation of success. MPEP 2143(I)(G).
It would have been obvious for one skilled in the art before the effective filing date of the invention to modify the plurality of recesses of the sample container holder of Arumugam to further include a biasing member at a bottom of the recess configured to support the contain in an upward position and be compressed by a pressing force as taught by Grippo because doing so would teach the benefits of holding the sample container in the correct position and accommodating for the force applied to the vessel during system operation 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 in view of 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).
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 because doing so would suggest pairing the sample preprocessing and processing steps together in a single device improves efficiency with reasonable expectation of success. MPEP 2143(I)(G).
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. One would be motivated to so because the temperature regulating/heating device would allow for maintaining sample temperatures as well as preventing common drawbacks like condensation buildup, and this involves the combination of the sample container holder with a temperature regulating/heating device to obtain 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).
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, a biasing member provided at a position directly below each of the plurality of sample holding areas of the sample plate holder, the biasing member being configured to push the sample plate upward; and wherein the biasing member is configured to be compressed by a pressing force when the tip end of the discharge pipe is pressed against the corresponding part of the sample plate.
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 (Fig. 4; 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).
Grippo additionally teaches holding the vessel in place in the device is a series of supports including spring 32 that is configured to "support the vessel in a nominal vertical position when no external downward force is applied to the vessel, i.e. when the aspiration probe is not in contact with either the vessel stopper 26, or with the vessel bottom" (Fig. 2; col. 3, lines 40-44) (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). Grippo teaches spring 32 is in a lower location and is configured to allow the bottom of the vessel V to compress the spring 32 when probe tip T extends a downward force on the vessel V in operation (Fig. 2; col. 3, line 10 - col. 4, line 14) (wherein the biasing member is provided at the bottom of each of the plurality of recesses and is configured to be compressed by a pressing force when the tip end of the discharge pipe is pressed against the inner part of the sample container). Grippo teaches not only does spring 32 support the vessel in a vertical position, but also accommodates 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 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 because doing so would teach more precise control over the aspiration and dispensing of liquid, especially in non-standardized systems with a reasonable expectation of success. MPEP 2143(I)(G).
It would have been obvious for one skilled in the art before the effective filing date of the invention to modify the plurality of recesses of the sample container holder of Arumugam to further include a biasing member at a bottom of the recess configured to support the contain in an upward position and be compressed by a pressing force as taught by Grippo because doing so would teach the benefits of holding the sample container in the correct position and accommodating for the force applied to the vessel during system operation with reasonable expectation of success. MPEP 2143(I)(G).
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 because doing so would teaches simplifying the system and its operation to minimize error with reasonable expectation of success. MPEP 2143(I)(G).
Conclusion
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
/SAMUEL P SIEFKE/Primary Examiner, Art Unit 1758
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