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 30 July 2026. Claim 1-10 are currently pending in the application. Claims 7-10 are newly added. Claims 1-10 are being examined herein.
Status of Objections and Rejections
The rejections to 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 (US 6363802 B1) are withdrawn in view of amendments.
The rejection to claim 4 under 35 U.S.C. § 103 in view of Arumugam, et. al. (US 20160291049 A1) in view of Grippo, et. al. (US 6363802 B1) in further view of Hanafusa, et. al. (US 20170138824 A1) are withdrawn in view of amendments.
The rejection to claim 5 under 35 U.S.C. § 103 in view of Arumugam, et. al. (US 20160291049 A1) in view of Grippo, et. al. (US 6363802 B1) in further view of Maeda (US 20160274011 A1) are withdrawn in view of amendments.
The rejection to claim 6 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 Boo, et. al. (US 20200241023 A1).
Response to Arguments
Applicant’s arguments with respect to claims 1-6 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant provides arguments against Arumugam and Grippo in that they either alone or in combination to no teach or fairly disclose the newly amended structure of the recesses being “embedded in the sample container holder” (Remarks, pg. 7-10).
Examiner no longer relies on Arumugam and Grippo; a new rejection in view of Kuze, et. al. (US 20200300879 A1) in view of Brassard, et. al. (US 20130068042 A1) is provided in further detail below.
Applicant provides no argument against Hanafusa, Maeda, and Boo outside of them not teaching the newly amended elements to the claim. Therefore, Examiner continues their use for teaching other claim limitations where no argument was provided.
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 and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Kuze, et. al. (US 20200300879 A1) in view of Brassard, et. al. (US 20130068042 A1).
Regarding claim 1, Kuze teaches a specimen measurement device with a nozzle that dispenses a sample into a container (Abstract) (automatic dispensing device). Kuze teaches the device 100 comprises a control unit 20 a dispensing unit 20a, moving unit 30, drive unit 40, and spotting unit 180 (sample container holder) (Fig. 2-3). Kaze teaches dispensing unit comprises dispensers 20b, 20c (a liquid dispensing mechanism) are capable of suctioning up and dispensing a liquid into a container 131 (par. 0109, 0112) when container 131 (sample container) is installed in spotting unit 180 (par. 0113). Kuze teaches spotting unit 180 (sample container holder) comprises a recess (see U-shaped divot in spotting unit 180) configured to hold container 131 (a sample container holder having a… recess, the recess being embedded in the sample container holder and configured to accommodate a sample container). Directly below the recess in spotting unit 180 is an elastic member 181 (biasing member) that is deformable in an upward and downward direction (Fig. 13; par. 0105) (a biasing member provided in… (the) recess, the biasing member being configured to push the sample container accommodated in the recess upward).
Kuze teaches dispensers 20b, 20c of device 100 further comprise a nozzle 21 (discharge pipe) (Fig. 1; par. 0008) (a liquid dispensing mechanism having a discharge pipe) and undergo a dispensing step wherein a nozzle 21 is brought into contact with the bottom surface of container 131 to dispense a liquid (Fig. 1, 13; par. 0021, 0057). Kuze teaches the distance the nozzle 21 travels is based on the measured force applied to the container 131 from the spotting unit 180 (bottoming) (par. 0021, 0141) (a liquid dispensing mechanism having a discharge pipe for discharging a liquid from a tip end of the discharge pipe, 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 at a predetermined dispensing target position from above).
Kuze teaches elastic member 181 is located within spotting unit 180, directly below the recess that holds container 131 (Fig. 13) (wherein the biasing member is provided at the bottom of…. the plurality of recesses). Kuze teaches the spotting/dispensing step first starts by bringing nozzle 21 end to the bottom surface of the container exerting a force that moves spotting unit 180 downward through elastic member 181 (Fig. 13; par. 0141, 0105) (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).
Kuze is silent to the sample container holder having a plurality of recesses (and in turn all associated duplicate parts associated with the plurality of recesses).
Brassard teaches a device for transfer of a liquid from a vessel by a removal unit having a tip, wherein the tip makes contact with the bottom surface of the vessel (Abstract). Brassard teaches a device comprising a base plate 9 with sleeves 6 and guide elements 7 (all three together create the sample container holder) to guide and hold a vessel 1 over compensation unit 3 and mounting unit 8 (Fig. 2B). The vessel 1 applies a force on compensation element 3 (par. 0071), wherein compensation element 3 is configured as a spring (par. 0074). Brassard teaches the device can be configured for one or more reaction vessels, particularly wherein each vessel is individually supported resembling a multiwell plate (par. 0057) (a sample container holder having a plurality of recesses). Brassard teaches the multiwell sample vessel holder not only allows for multiple sample to be tested either simultaneously or successively (par. 0057) but also more easily allow the device to be more easily accommodated by other commercial liquid handlers (par. 0057-0058).
It would have been obvious for one or ordinary skill in the art before the effective filing date of the invention to modify the sample container holder with a single recess (and associated elements) of Kuze to instead have a plurality of recesses (and in turn all associated duplicate parts associated with the plurality of recesses) as taught by Brassard because the plurality of recesses allows for multiple samples to be tests simultaneously or successively and more easily be paired with other commercial liquid handlers (Brassard, par. 0057-0058) with reasonable expectation of success. MPEP 2143(I)(G).
Regarding claim 2, modified Kuze teaches dispenser 20 (20b), comprising nozzle 21, is moved by drive unit 40 to move the dispenser 20b from an uppermost position (a predetermined initial position) and lowers the dispenser 20b until it hits the bottom surface of container 131 (Kuze, Fig. 4, 5; par. 0062) before dispensing the liquid (Kuze, par. 0057) (wherein the liquid dispensing mechanism is configured to discharge the liquid 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 Kuze teaches elastic member 181 is located within spotting unit 180, directly below the recess that holds container 131 (Kuze, Fig. 13).
Modified Kuze is silent to wherein the biasing member is configured to come into contact with the sample container from below.
Brassard teaches wherein compensation element 3 is in direct contact with the bottom surface of the vessel 1 (Fig. 2B, par. 0032-0034) (wherein the biasing member is configured to come into contact with the sample container from below). Brassard teaches this configuration allows for improved pressure compensation without additional control features needed (par. 0024-0027) and further accommodates vessels of different sizes (par. 0055).
It would have been obvious for one or ordinary skill in the art before the effective filing date of the invention to modify the biasing member just being below the sample container as taught by Kuze to instead come into contact with the sample container from below as taught by Brassard because the direct contact improves pressure compensation sensitivity contributing to the improved automation of the whole device and allowing for vessels of different sizes to be used (Brassard, par. 0024-0027, 0055) with reasonable expectation of success. MPEP 2143(I)(G).
Regarding claim 7, modified Kuze teaches elastic member 181 is located within spotting unit 180, directly below the recess that holds container 131 (Kuze, Fig. 13). As outlined in claim 1 above, Brassard teaches the duplication of the recesses and all structures associated with the recesses (each of the plurality). Brassard teaches the multiwell sample vessel holder allows for multiple sample to be tested successively (Brassard, par. 0057) meaning each biasing member is independent from one another (wherein the biasing member in each of the plurality of recesses is configured to be individually compressible so as to absorb variations in the height-direction distance from the tip end of the discharge pipe to the dispensing target position). Brassard additionally teaches the distance adjustment elements/compensation elements are beneficial for non-homogeneously formed vessels (Brassard, par. 0055).
Examiner notes "so as to absorb variations in the height-direction distance from the tip end of the discharge pipe to the dispensing target position" is drawn to a functional limitation of the biasing member. Because the biasing members of modified Kuze in view of Brassard teach a plurality of recesses each with a biasing member (see claim 1 above) and Kuze further teaches the biasing members are independent of one another, the independence of the biasing members of modified Kuze are fully capable of accommodating variations of height from using different vessel sizes which will result in the tip end having to move different distances to reach the container bottom (dispensing target position).
Regarding claim 8, modified Kuze teaches spotting unit 180 (sample container holder) comprises a recess (see U-shaped divot in spotting unit 180) configured to hold container 131 (a sample container). Directly below the recess in spotting unit 180 is an elastic member 181 (biasing member) that is deformable in an upward and downward direction (Kuze, Fig. 13; par. 0105) when nozzle 21 end reaches the bottom surface of the container, exerting a force that moves spotting unit 180 downward through elastic member 181 (Kuze, Fig. 13; par. 0141, 0105) (wherein when the biasing member is compressed by the pressing force).
Modified Kuze is silent to the sample container holder is configured to remain stationary while only the sample container accommodated in the recess in which the biasing member to which the pressing force is applied is provided is lowered.
Brassard teaches a device comprising a base plate 9 with sleeves 6 and guide elements 7 (all three together create the sample container holder) to guide and hold a vessel 1 over compensation unit 3 and mounting unit 8 (Fig. 2B) (the sample container holder is configured to remain stationary). The vessel 1, liquid in the vessel, and pipette tip each apply a force on compensation element 3 and the vessel moves downward through compensation unit 3 (par. 0071, 0073) (while only the sample container accommodated in the recess in which the biasing member to which the pressing force is applied is provided is lowered). Brassard teaches sleeves 6 and guide elements 7 surround the compensation element 3 in order to prevent tilting of the vessel 1 (par. 0038).
It would have been obvious for one or ordinary skill in the art before the effective filing date of the invention to modify the sample container of modified Kuze to remain stationary when a pressing force is applied to the sample container as taught by Brassard because the stationary sample container holder provides a secure area to hold the sample container and prevent unwanted tilting of the sample container while in use (Brassard, par. 0038) with reasonable expectation of success. MPEP 2143(I)(G).
Regarding claim 9, modified Kuze teaches elastic member 181 is located within spotting unit 180, directly below the recess that holds container 131 (Kuze, Fig. 13). As outlined in claim 1 above, Brassard teaches the duplication of the recesses and all structures associated with the recesses (wherein each biasing member is provided inside the respective recess).
Modified Kuze is silent to each biasing member contacts, from below, the sample container accommodated in the respective recess.
Brassard teaches wherein compensation element 3 is in direct contact with the bottom surface of the vessel 1 (Fig. 2B, par. 0032-0034) (each biasing member contacts, from below, the sample container accommodated in the respective recess). Brassard teaches this configuration allows for improved pressure compensation without additional control features needed (par. 0024-0027) and further accommodates vessels of different sizes (par. 0055).
It would have been obvious for one or ordinary skill in the art before the effective filing date of the invention to modify the biasing member just being below the sample container as taught by Kuze to instead come into contact with the sample container from below as taught by Brassard because the direct contact improves pressure compensation sensitivity contributing to the improved automation of the whole device and allowing for vessels of different sizes to be used (Brassard, par. 0024-0027, 0055) with reasonable expectation of success. MPEP 2143(I)(G).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kuze, et. al. (US 20200300879 A1) and Brassard, et. al. (US 20130068042 A1) as applied to claim 1 above, and further in view of Hanafusa, et. al. (US 20170138824 A1; previously recited).
Regarding claim 4, modified Kuze teaches spotting unit 180 (sample container holder) comprises a recess (see U-shaped divot in spotting unit 180) configured to hold container 131 (the sample container) (Kuze, Fig. 13) (wherein the sample container holder is configured to hold a container as the sample container). As outlined in claim 1 above, Brassard teaches the duplication of the recesses and all structures associated with the recesses (each of the plurality).
Modified Kuze is silent to a container as 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 (a container as the 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 Kuze, et. al. (US 20200300879 A1) and Brassard, et. al. (US 20130068042 A1) as applied to claim 1 above, and further in view of Maeda (US 20160274011 A1; previously recited).
Regarding claim 5, modified Kuze teaches the limitations as applied to claim 1 (see above).
Modified Kuze 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 placed on plate holders 18 (Fig. 2; par. 0020). The 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 do 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 10 is rejected under 35 U.S.C. 103 as being unpatentable over Kuze, et. al. (US 20200300879 A1) and Brassard, et. al. (US 20130068042 A1) as applied to claim 1 above, and further in view of Sorensen (US 20200276589 A1).
Regarding claim 10, modified Kuze teaches spotting unit 180 (sample container holder) comprises a recess (see U-shaped divot in spotting unit 180) configured to hold container 131 (a sample container). Directly below the recess in spotting unit 180 is an elastic member 181 (biasing member) that is deformable in an upward and downward direction (Kuze, Fig. 13; par. 0105).
Modified Kuze is silent to wherein a cavity is provided below each recess of the plurality of recesses, an upper end of the cavity communicates with an inner bottom surface of the recess through an opening, and the corresponding biasing member is fitted in the cavity and configured such that an upper end portion of the corresponding biasing member comes into contact, through the opening, with a bottom of the corresponding sample container accommodated in the recess.
Brassard teaches a device comprising a base plate 9 with sleeves 6 and guide elements 7 (all three together create the sample container holder) to guide and hold a vessel 1 over compensation unit 3 and mounting unit 8 (Fig. 2B). The vessel is accommodated between guide elements 7 through an upper opening (recess) (Fig. 2B, par. 0038). Below guide elements 7 connected through a hollow channel/opening are sleeves 6 (cavity) that houses over compensation unit 3 and mounting unit 8 (Fig. 2B) (wherein a cavity is provided below each recess of the plurality of recesses through an opening) (and the corresponding biasing member is fitted in the cavity).
Brassard teaches wherein compensation element 3 is in direct contact with the bottom surface of the vessel 1 at the opening where sleeves 6 meet guide elements 7 (Fig. 2B, par. 0032-0034) (the corresponding biasing member is fitted in the cavity and configured such that an upper end portion of the corresponding biasing member comes into contact, through the opening, with a bottom of the corresponding sample container accommodated in the recess). Brassard teaches this configuration allows for improved pressure compensation without additional control features needed (par. 0024-0027) and further accommodates vessels of different sizes (par. 0055).
It would have been obvious for one or ordinary skill in the art before the effective filing date of the invention to modify the biasing member just being below the sample container as taught by Kuze to instead come into contact with the sample container from below as taught by Brassard because the direct contact improves pressure compensation sensitivity contributing to the improved automation of the whole device and allowing for vessels of different sizes to be used (Brassard, par. 0024-0027, 0055) with reasonable expectation of success. MPEP 2143(I)(G).
Modified Kuze in view of Brassard is silent to an upper end of the cavity communicates with an inner bottom surface of the recess.
Sorensen teaches a test tube holding apparatus (Abstract). Sorensen teaches an apparatus configured to hold a plurality of test tubes 600 (sample container) (par. 0012) comprising a tank 606 (sample container holder) with a hollow interior (cavity) wherein a stem 611 (opening) connects a spring 603 (biasing member) to a receptacle 605 (recess) (Fig. 6A-6B; par. 0045) (an upper end of the cavity communicates with an inner bottom surface of the recess through an opening). The above listed parts operate to securely hold a test tube 600 in place through a vacuum when a downward pressure is applied to the receptable 605 and the spring 603 lowers the receptacle 605 downward (par. 0045-0046). Sorensen teaches this arrangement secures a test tube in place when in use (par. 0020).
It would have been obvious for one or ordinary skill in the art before the effective filing date of the invention to modify the recess and cavity of the sample holder container of modified Kuze to further have a cavity below the recess wherein an upper end of the cavity communicates with an inner bottom surface of the recess as taught by Sorensen because that configuration provides additional security when a test tube is loaded and being used in the system (Sorensen, par. 0020) with reasonable expectation of success. MPEP 2143(I)(G).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kuze, et. al. (US 20200300879 A1) in view of Brassard, et. al. (US 20130068042 A1) and Boo, et. al. (US 20200241023 A1; previously recited).
Regarding claim 6, Kuze teaches a specimen measurement device with a nozzle that dispenses a sample into a container (Abstract) (automatic dispensing device). Kuze teaches the device 100 comprises a control unit 20 a dispensing unit 20a, moving unit 30, drive unit 40, and spotting unit 180 (Fig. 2-3). Kaze teaches dispensing unit comprises dispensers 20b, 20c (a liquid dispensing mechanism) are capable of suctioning up and dispensing a liquid into a container 131 (par. 0109, 0112) when container 131 (sample holding area) is installed in spotting unit 180 (par. 0113).
Kuze teaches spotting unit 180 is configured to hold container 131 (sample holding area). Below the container 131 in spotting unit 180 is an elastic member 181 (biasing member) that is deformable in an upward and downward direction (Fig. 13; par. 0105) (a biasing member provided at a position directly below (the) sample holding area).
Kuze teaches dispensers 20b, 20c of device 100 further comprise a nozzle 21 (discharge pipe) (Fig. 1; par. 0008) (a liquid dispensing mechanism provided with a discharge pipe) and undergo a dispensing step wherein a nozzle 21 is brought into contact with the bottom surface of container 131 to dispense a liquid (Fig. 1, 13; par. 0021, 0057). Kuze teaches the distance the nozzle 21 travels is based on the measured force applied to the container 131 from the spotting unit 180 (bottoming) (par. 0021, 0141) (for discharging a liquid from a tip end of the discharge pipe, 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 a part of the… sample holding area from above).
Kuze teaches elastic member 181 is located within spotting unit 180, directly below the recess that holds container 131 (Fig. 13) (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). Kuze teaches the spotting/dispensing step first starts by bringing nozzle 21 end to the bottom surface of the container exerting a force that moves spotting unit 180 downward through elastic member 181 (Fig. 13; par. 0141, 0105) (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).
Kuze is silent to the sample container holder having a plurality of sample holding areas (and in turn all associated duplicate parts associated with the plurality sample holding areas) and wherein the biasing member provided at the position directly below each of the plurality of sample holding areas is configured to be individually compressible so as to absorb variations in the height-direction distance from the tip end of the discharge pipe to the dispensing target position.
Brassard teaches a device for transfer of a liquid from a vessel by a removal unit having a tip, wherein the tip makes contact with the bottom surface of the vessel (Abstract). Brassard teaches a device comprising a base plate 9 with sleeves 6 and guide elements 7 to guide and hold a vessel 1 (sample holding area) over compensation unit 3 and mounting unit 8 (Fig. 2B). The vessel 1 applies a force on compensation element 3 (par. 0071), wherein compensation element 3 is configured as a spring (par. 0074). Brassard teaches the device can be configured for one or more reaction vessels, particularly wherein each vessel is individually supported resembling a multiwell plate (par. 0057) (a biasing member provided at a position directly below each of the plurality of sample holding areas). Brassard teaches the multiwell sample vessel holder allows for multiple sample to be tested successively (Brassard, par. 0057) meaning each biasing member is independent from one another (wherein the biasing member provided at the position directly below each of the plurality of sample holding areas is configured to be individually compressible so as to absorb variations in the height-direction distance from the tip end of the discharge pipe to the dispensing target position). Brassard additionally teaches the distance adjustment elements/compensation elements are beneficial for non-homogeneously formed vessels (Brassard, par. 0055). Brassard teaches the multiwell sample vessel holder not only allows for multiple sample to be tested either simultaneously or successively (par. 0057) but also more easily allow the device to be more easily accommodated by other commercial liquid handlers (par. 0057-0058).
Examiner notes "so as to absorb variations in the height-direction distance from the tip end of the discharge pipe to the dispensing target position" is drawn to a functional limitation of the biasing member. Because the biasing members of modified Kuze in view of Brassard teach a plurality of recesses each with a biasing member (see claim 1 above) and Kuze further teaches the biasing members are independent of one another, the independence of the biasing members of modified Kuze are fully capable of accommodating variations of height from using different vessel sizes which will result in the tip end having to move different distances to reach the container bottom (dispensing target position).
It would have been obvious for one or ordinary skill in the art before the effective filing date of the invention to modify the single sample holding area (and associated elements) of Kuze to instead have a plurality of sample holding areas (and in turn all associated duplicate parts associated with the sample holding area) as taught by Brassard because the plurality of areas allows for multiple samples to be tests successively and more easily be paired with other commercial liquid handlers (Brassard, par. 0055, 0057-0058) with reasonable expectation of success. MPEP 2143(I)(G).
Modified Kuze is silent to the plurality of sample holding areas being in 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 encompass 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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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
/MATTHEW D KRCHA/Primary Examiner, Art Unit 1796
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