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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/27/2023 is being considered by the examiner.
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 (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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 1-9, 11 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wells et al. (US 20020148392 A1).
Regarding claim 1, Wells teaches a base structure (Figs. 1, 4 and 5) for a sample analyzing apparatus, the base structure comprising:
an upper base portion (20) for supporting a thermal module (interpreted an a functional limitation. A thermal module is not positively recited. Top 20 is capable of supporting structure 6, and thus can support a thermal module, Fig. 1) configured to hold a plurality of reaction vessels (since the thermal module is not positive recited, this limitation does not further limit the structure of the invention); and
a lower base portion (30, ball 60 and balls 54) aligned with the upper base portion (20) at the center axis (the axis that goes through center of structure in Fig. 4 from top to bottom when the structure is leveled) via a central support member (spring 62, posts 64 and posts 66)(Figs. 4 and 5), the central support member configured to keep the upper base portion and the lower base portion together (Figs, 4, 5 and para. 0029),
wherein the upper base portion is tiltable with respect to the lower base portion (Fig. 1, paras. 0002, 0026), and the upper base portion tilts to a leveled state as the upper base portion and the lower base portion are pressed together (para. 0026, Fig. 4, top 20 and base 30 are at a leveled position).
Regarding claim 2, Wells teaches all of the elements of the current invention as stated above with respect to claim 1. Wells further teaches wherein the central support member (spring 62, posts 64 and posts 66) comprises an aligning member (spring 62) that exerts counterforce that partially counteracts a force that causes the upper base portion to tilt (para. 0028).
Regarding claim 3, Wells teaches all of the elements of the current invention as stated above with respect to claim 2. Wells further teaches wherein the central support member (spring 62, posts 64 and posts 66) comprises a support body (posts 64 and posts 66) for holding the aligning member (spring 62) in place (Figs. 4 and 5 and para. 0029).
Regarding claim 4, Wells teaches all of the elements of the current invention as stated above with respect to claim 3. Well further teaches wherein the aligning member is a spring coil (spring 62).
Regarding claim 5,Wells teaches all of the elements of the current invention as stated above with respect to claim 3. Well further wherein the support body (posts 64 and posts 66) has a fixed end and a free end the fixed end of the support body fixed to any one of the upper base portion or the lower base portion, and the free end of the support body holding the aligning member (Figs. 4 and 5 and para. 0029, each post 64 has a one end fixed to 30 and a free end holding spring 62, and each post 66 has a one end fixed to 20 and a free end holding spring 62) such that the counterforce is exerted on the other one of the upper base portion or the lower base portion (para. 0029).
Regarding claim 6, Wells teaches all of the elements of the current invention as stated above with respect to claim 5. Wells further teaches wherein the free end of the support body (posts 64 and posts 66) has a protruding edge for holding the aligning member (posts 64 and 66 are protruding from the base to hold the spring).
Regarding claim 7, Wells teaches all of the elements of the current invention as stated above with respect to claim 1. Wells further teaches wherein the upper base portion (20) has a lower surface (the bottom surface of 20 as shown in Fig. 4) that is at least partially inclined downwards towards the center axis (the claimed invention meant to be tiltable as recited in claim 1. Top 20 is configured to be tiltable with respect to 30 as shown in Fig. 1. When top 20 is in a tilted position in Fig. 1, the part of the lower surface of top 20 at the right side of the figure is inclined downwards towards the center axis).
Regarding claim 8, Wells teaches all of the elements of the current invention as stated above with respect to claim 7. Wells further teaches wherein the lower base portion (base 30, ball 60 and balls 54) has an upper surface (the top surface of 30 and the surface of ball 60 as shown in Fig. 4) that is at least partially curved (the curved surface of ball 60) and in contact with the lower surface of the upper base portion (Fig. 4).
Regarding claim 9, Wells teaches all of the elements of the current invention as stated above with respect to claim 7. Wells further teaches wherein the lower base portion (base 30, ball 60 and balls 54) has a plurality of ball units embedded therein (two of the balls 54 that are adjacent to each other), such that the plurality of ball units is in contact with the lower surface of the upper base portion (para. 0027, in contact when in tilted position).
Regarding claim 11, Wells teaches all of the elements of the current invention as stated above with respect to claim 1. Wells further teaches wherein the lower base portion (base 30, ball 60 and balls 54) has an upper surface that is at least partially inclined upwards towards the center axis (Fig. 4 and para. 0027, the surface of ball 60 which is fixed to based 30 inclines towards the center axis).
Regarding claim 15, Wells teaches all of the elements of the current invention as stated above with respect to claim 1. Wells further teaches wherein the lower base portion .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 7-14 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Wells et al. (US 20020148392 A1).
An alternative rejection for claim 7. If it is found that claim 7 is not anticipated by Wells, the examiner put forth the following obviousness rejection.
Regarding claim 7, Wells teaches all of the elements of the current invention as stated above with respect to claim 1. Wells further teaches wherein the upper base portion (20) has a lower surface (the bottom surface of 20 as shown in Fig. 4). Wells teaches that four tilted positions are possible the arrangement of the contact of two adjacent balls 54 on base 30 with respective opposed flat contact surfaces 56 on top 20 (para. 0027).
Wells teaches contact surfaces 56 are flat, and thus Wells fails to teach the lower surface is at least partially inclined downwards towards the center axis.
However, Wells teaches variants of the tiltable table. Well teaches another embodiment in Fig. 3 that creates tilting positions by the contact of balls and a variety of surfaces including flat pads, vee groove, slots and triangular recess grooves (para. 0025). Wells further teaches other variants and modifications will be apparent to the one of ordinary skilled in the art including the location of the balls and its opposing surface, the types of opposing surfaces (e.g. vee blocks, slots, flat pads or triangular recess) can be used to achieve different predetermined tilted positions and different number of tilted positions (paras. 0002, 0025, 0033).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the opposed contact surfaces 56 from flat surfaces as taught by Wells in Figure 4 to vee-grooves because one of ordinary skills in the art would accordingly have recognized the vee-grooves would result in the predictable result of providing an contact surfaces for balls 54 to achieve tiled positions (paras. 0002, 0025, 0033).
The teachings of modified Wells would yield teach the lower surface (the bottom surface of 20 now comprises vee-grooves) is at least partially inclined downwards towards the center axis (vee-grooves partially inclined downwards towards the center axis).
Regarding claim 8, modified Wells teaches all of the elements of the current invention as stated above with respect to claim 7. Wells further teaches wherein the lower base portion (30, ball 60 and balls 54) has an upper surface (the top surface of 30 that includes the surface ball 60 as shown in Fig. 4) that is at least partially curved (the curved surface of ball 60) and in contact with the lower surface of the upper base portion (Fig. 4).
Regarding claim 9, modified Wells teaches all of the elements of the current invention as stated above with respect to claim 7. Wells further teaches wherein the lower base portion (base 30, ball 60 and balls 54) has a plurality of ball units embedded therein (two of the balls 54 that are adjacent to each other), such that the plurality of ball units is in contact with the lower surface of the upper base portion (Fig. 4 and para. 0027, in modified Wells, balls 54 on base 30 are in contact with vee-grooves on top 20 when at a tilted position).
Regarding claim 10, modified Wells teaches all of the elements of the current invention as stated above with respect to claim 9. Modified Wells further teaches wherein the plurality of ball units (the two of the balls 54 that are adjacent to each other) is in contact with the lower surface of the upper base portion that is at least partially inclined (in modified Wells, the contact surfaces 56 are modified to vee-grooves, which comprises surfaces that at least partially inclined and in contact with two of the balls 54 that are adjacent to each other when in a tilted position, para. 0027).
An alternative rejection for claim 11. If it is found that claim 11 is not anticipated by Wells, the examiner put forth the following obviousness rejection.
Regarding claim 11, Wells teaches all of the elements of the current invention as stated above with respect to claim 1.
Wells further teaches wherein the lower base portion (base 30, ball 60 and balls 54) has an upper surface (the top surface of 30 and the exposed surfaces of ball 60 and balls 54 ). Wells teaches that four tilted positions are possible the arrangement of the contact of two adjacent balls 54 on the top surface of base 30 with respective opposed flat contact surfaces 56 on bottom surface of top 20 (para. 0027).
Wells fails to teach wherein the lower base portion has the upper surface at least partially inclined upwards towards the center axis.
However, Wells teaches variants of the tiltable table. Well teaches another embodiment in Fig. 3 that creates tilting positions by the contact of balls and a variety of contact surfaces including flat pads, vee groove, slots and triangular recess grooves (para. 0025). Wells further teaches other variants and modifications will be apparent to the one of ordinary skilled in the art the types of opposed contact surfaces (e.g. vee blocks, slots, flat pads or triangular recess) can be used to achieve different predetermined tilted positions and different number of tilted positions (paras. 0002, 0025, 0033).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the opposed contact surfaces 56 from flat surfaces as taught by Wells in Figure 4 to vee-grooves because one of ordinary skills in the art would accordingly have recognized the vee-grooves would result in the predictable result of providing contact surfaces for balls 54 to achieve tiled positions (paras. 0002, 0025, 0033).
In addition, Wells further teaches other variants and modifications will be apparent to the one of ordinary skilled in the art includes whether balls 54 are fixed on base 30 and the corresponding opposed contact surfaces are on top 20, or balls 54 are fixed on top 20 and the opposed contact surfaces are on base 30. (para. 0033, Figs. 1 and Fig. 4).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted top 20 with vee-grooves and base 30 with balls 54 taught by modified Wells to have top 20 with balls 54 and base 30 to have the corresponding vee-grooves because one of ordinary skill in the art would accordingly have recognized the whether balls 54 and the corresponding opposed contact surfaces 56 are fixed on base 30 or on top 20, respectively, or vice versa, would result in the predictable result of providing tilted positions for the tilted table.
The teachings of modified Wells would yield wherein the lower base portion (in modified Wells, the lower base portion now has base 30, ball 60 and vee-grooves) has the upper surface at least partially inclined upwards towards the center axis (modified top surface of 30 has vee-grooves that are partially inclined upwards towards the center axis).
Regarding claim 12, modified Wells teaches all of the elements of the current invention as stated above with respect to claim 11. Wells further teaches wherein the upper base portion (in modified Well, upper base portion comprises top 20 and balls 54) has a lower surface (bottom surface of top 20 and balls 54) that is at least partially curved (the surface of ball 54s are curved) and in contact with the upper surface of the lower base portion (in a tilted position, two adjacent balls 54 are in contact with vee-grooves of base 30, para. 0027).
Regarding claim 13, modified Wells teaches all of the elements of the current invention as stated above with respect to claim 11. Modified Wells further teaches wherein the upper base portion (top 20 and balls 54) has a plurality of ball units (two of the balls 54 that are adjacent to each other) embedded therein, such that the plurality of ball units is in contact with the upper surface of the lower base portion (para. 0027. In modified Wells, balls 54 are fixed on the bottom surface of top 20 and the vee-grooves are on the top surface of bottom 30. Two adjacent balls 54 are in contact with corresponding vee-grooves when at a tilted position).
Regarding claim 14, modified Wells teaches all of the elements of the current invention as stated above with respect to claim 13. Modified Wells further teaches wherein the plurality of ball units (the two of the balls 54 that are adjacent to each) is in contact with the upper surface of the lower base portion (base 30, ball 60 and vee-grooves) that is at least partially inclined (para. 0027. In modified Wells, balls are fixed on the bottom surface of top 20 and the vee-grooves are on the top surface of bottom 30. Vee-grooves comprises of surfaces that are partially inclined and are contact with balls 54 when in an tilted position).
Regarding claim 18, Wells teaches all of the elements of the current invention as stated above with respect to claim 1. Wells teaches that four tilted positions are possible the arrangement of the contact of two adjacent balls 54 on the top surface of base 30 with respective opposed flat contact surfaces 56 on bottom surface of top 20 (para. 0027).
Wells fails to teach wherein the upper base portion (top 20) comprises a position guide, and the lower base portion (base 30, ball 60 and balls 54) comprises a position hole in which the position guide is at least partially enclosed.
However, Wells teaches variants of the tiltable table. Well teaches another embodiment in Fig. 3 that creates tilting positions by the contact of balls and a variety of contact surfaces including flat pads, vee groove, slots and triangular recess grooves (para. 0025). Wells further teaches other variants and modifications will be apparent to the one of ordinary skilled in the art the types of opposed contact surfaces (e.g. vee blocks, slots, flat pads or triangular recess) can be used to achieve different predetermined tilted positions and different number of tilted positions (paras. 0002, 0025, 0033).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the opposed contact surfaces 56 from flat surfaces as taught by Wells in Figure 4 to vee-grooves because one of ordinary skills in the art would accordingly have recognized the vee-grooves would result in the predictable result of providing contact surfaces for balls 54 to achieve tiled positions (paras. 0002, 0025, 0033).
In addition, Wells further teaches other variants and modifications will be apparent to the one of ordinary skilled in the art includes whether balls 54 are fixed on base 30 and the corresponding opposed contact surfaces are on top 20, or balls 54 are fixed on top 20 and the opposed contact surfaces are on base 30. (para. 0033).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted top 20 with vee-grooves and base 30 with balls 54 taught by modified Wells to have top 20 with balls 54 and base 30 to have the corresponding vee-grooves because one of ordinary skill in the art would accordingly have recognized the whether balls 54 and the corresponding opposed contact surfaces 56 are fixed on base 30 or top 20, respectively, or vice versa, would result in the predictable result of providing tilted positions for the tilted table.
The teachings of modified Wells would yield the upper base portion (in modified Wells, upper base portion now comprises top 20 and balls 54) comprises a position guide (one of the balls 54), and the lower base portion (in modified Wells, lower base portion comprises base 30, ball 60 and vee-grooves) comprises a position hole (the corresponding vee-grooves of the one of the balls 54) in which the position guide is at least partially enclosed (para. 0027).
Regarding claim 19, modified Wells teaches all of the elements of the current invention as stated above with respect to claim 1. Wells teaches that four tilted positions are possible the arrangement of the contact of two adjacent balls 54 on the top surface of base 30 with respective opposed flat contact surfaces 56 on bottom surface of top 20 (para. 0027).
Wells fails to teach wherein the upper base portion comprises a first position guide and a second position guide, and the lower base portion comprises a first position hole and a second position hole, the first and second position guides at least partially enclosed by the first and second position holes, respectively.
However, Wells teaches variants of the tiltable table. Well teaches another embodiment in Fig. 3 that creates tilting positions by the contact of balls and a variety of contact surfaces including flat pads, vee groove, slots and triangular recess grooves (para. 0025). Wells further teaches other variants and modifications will be apparent to the one of ordinary skilled in the art the types of opposed contact surfaces (e.g. vee blocks, slots, flat pads or triangular recess) can be used to achieve different predetermined tilted positions and different number of tilted positions (paras. 0002, 0025, 0033).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the opposed contact surfaces 56 from flat surfaces as taught by Wells in Figure 4 to vee-grooves because one of ordinary skills in the art would accordingly have recognized the vee-grooves would result in the predictable result of providing contact surfaces for balls 54 to achieve tiled positions (paras. 0002, 0025, 0033).
In addition, Wells further teaches other variants and modifications will be apparent to the one of ordinary skilled in the art includes whether balls 54 are fixed on base 30 and the corresponding opposed contact surfaces are on top 20, or balls 54 are fixed on top 20 and the opposed contact surfaces are on base 30. (para. 0033).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted top 20 with vee-grooves and base 30 with balls 54 taught by modified Wells to have top 20 with balls 54 and base 30 to have the corresponding vee-grooves because one of ordinary skill in the art would accordingly have recognized the whether balls 54 and the corresponding opposed contact surfaces 56 are fixed on base 30 and top 20, respectively or vice versa, would result in the predictable result of providing tilted positions for the tilted table.
The teachings of modified Wells would yield wherein the upper base portion (in modified Wells, upper base portion now comprises top 20 and balls 54) comprises a first position guide (one of the balls 54) and a second position guide (another ball 54), and the lower base portion (in modified Wells, lower base portion now comprises base 30, ball 60 and vee-grooves) comprises a first position hole (the corresponding vee-grooves of the one of the balls 54) and a second position hole (the corresponding vee-grooves of the another ball 54), the first and second position guides at least partially enclosed by the first and second position holes, respectively (para. 0027).
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Wells et al. (US 20020148392 A1) in view of Weaver et al. (US 6937351 B1) and further in view of Tsuchiya et al. (JP 2001350102 A).
Regarding claim 16, Wells teaches all of the elements of the current invention as stated above with respect to claim 1. Wells further teaches the base structure further comprising a floor portion (the portion of a laser scanner where base 30 sits on in Fig. 1). Wells teaches the tiltable table is mounted on an a laser scanning machine (Fig. 1 and para. 0011).
Wells fails to teach wherein the lower base portion is supported by spacers, each spacer for adjusting a distance between the lower base portion and the floor portion.
However, Weavers (US 6937351 B1) teaches an apparatus comprises a stage (160) and a detector (176) for laser scanning (Fig. 1). Weavers further teaches the necessity of adjusting the height position of stage 160 (the distance between stage 160 and detector 176) for image focusing (col. 3, lns. 21-23).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the tiltable table taught by Wells to have a mechanism to adjust the height position of base 30 in order achieve for image focusing with a reasonable expectation of success (Weavers, col. 3, lns. 21-23) (MPEP 2143)(I)(G).
In addition, Tsuchiya (JP 2001350102 A) teaches a base (stage 52) of a microscope that is configured for height adjustment. Stage 52 is supported by legs 13 which include height adjusters 41 (Fig. 6) for adjusting the distance between stage and microscope (abstract). Tsuchiya further teaches each height adjuster 41 includes a bolt 42, a nut 43 screwed to the bolt 42, and a rubber non-slip piece 44 adhered to the top surface of the head of the bolt 41 (Fig. 4, para. 0023).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified base 30 taught by Wells to have legs comprising legs with height adjusters attached as taught by Tsuchiya in order to adjust the height position of base 30 with a reasonable expectation of success (Tsuchiya, abstract) (MPEP 2143)(I)(G).
The teachings of Wells as modified by Weavers further modified by Tsuchiya would yield wherein the lower base portion (base 30, balls 60 and balls 54) is supported by spacers (legs 13 with height adjusters 41 of Tsuchiya), each spacer for adjusting a distance between the lower base portion and the floor portion (in modified Wells, base 30 includes legs with height adjusters that can adjust the height position of base 30. Base 30 sits on the floor portion, and the distance between the base 30 and the floor portion is adjusted as the height position of base 30 adjusts).
Regarding claim 17, modified Wells teaches all of the elements of the current invention as stated above with respect to claim 16. Modified Wells further teaches wherein the spacers each comprises: a fastening member (bolt 42 of height adjustor 41 of Tsuchiya) connected to the lower base portion (in modified Wells, base 30 is connected to legs 13 of Tsuchiya is connected to height adjuster 41 that comprises of bolt 42. Fig. 4 of Tsuchiya) and configured to engage the floor portion (base 30 with legs 13 and adjusters 41 are sitting on, and thus engaging, the floor portion), and an elastic member (rubber non-slip piece 44 of height adjuster 41) provided between the lower base portion (30) and the floor portion for elastically supporting the lower base portion (Tsuchiya, Fig. 4, rubber non-slip piece 44 which is at the bottom of height adjustor 41, and thus between base portion and the floor portion and supporting base 30).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAY CHIU whose telephone number is (571)272-1054. The examiner can normally be reached 9 am - 5 pm.
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/M.L.C./Examiner, Art Unit 1758
/MARIS R KESSEL/Supervisory Patent Examiner, Art Unit 1758