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
The Amendment filed 03/20/2026 has been entered. Claims remain pending in the application. Claims 1-2, 4-15 and 17-19 are pending and being examined herein.
Status of Objections and Rejections
All rejections of claims 3 and 16 are obviated by Applicant’s cancellation.
The rejections 35 U.S.C. 102 and 35 U.S.C. 103 are being withdrawn in view of Applicant’s amendment.
New grounds for rejection under 35 U.S.C. 102 and 35 U.S.C. 103 are necessitated by Applicant’s amendments.
Claim Objections
Claim 1 is objected to because of the following informalities:
Lines 5-10 should be indented because the limitations from lines 5-10 relates to the base structure.
Appropriate correction is required.
Claim Interpretation
Claim 1 recites the limitation "a base structure for automatically balancing the thermal module" in line 3. While “automatically balancing” can be interpreted as requiring to a system to self-adjusts to achieve balancing as taught by the prior art reference below Lim et al. (WO 2021242176 A1), it can also be interpreted much more broadly. “Automatically balancing” can be interpreted as where balancing is achieved without additional help (and thus automatically). This can be achieved, for example, when a flat object (e.g. thermal module) is placed on a flat surface that is horizontal or a with modest incline.
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 1-2, 4-8, 11-12 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Lim et al. (WO 2021242176 A1).
Regarding claim 1, Lim teaches a sample analyzing apparatus (Fig. 8) comprising,
a thermal module (heat transfer sealing layer and one of the compression-spring clips)(p. 39, lns. 8-13, heat transfer sealing layer is already affixed to the bottom of channel plate; Fig. 8 and p. 39, lns. 22-25, each clip includes a screw 3903, metal clamp 3905, rivet 3907 and a compression spring 3909) configured to hold a plurality of reaction vessels (channel plate 3901 with a plurality of PCR channels)(the heat transfer sealing layer is at the bottom of the channel plate, holding the plate); and
a base structure for automatically balancing the thermal module (p. 39, ln. 29 – p. 40, ln. 8, compression-spring loaded clips is configured for the chip to self-balancing),
wherein the base structure comprises:
an upper base portion (thermally active element 3911) for supporting the thermal module (Fig. 8 and p. 39, lns. 8-13);
a lower base portion (spacer plate 3913) aligned with the upper base portion at a center axis (the axis that goes vertically through the center of the thermally active element) via a central support member (two of the compression spring-loaded clips that is not mapped to the thermal module and heat sink 3915) comprising an aligning member (the spring 3909 of one of the two clips) and a support body (the corresponding screw 3901 and rivet 3907 of the spring 3909 that is mapped to the aligning member) for holding the aligning member in place, the central support member configured to keep the upper base portion and the lower base portion together (Fig. 8 and p. 39, lns. 21-22, two compression-spring-loaded clips secure the component of the chips together); and
wherein the upper base portion is tiltable with respect to the lower base portion (p. 39, lns. 29-p.40, ln. 7, self-balancing force is applied to the chip including the thermally active element 3911 ensure even contact of the thermally active element to the heat sink 3915 indicating that 3911 needs self-balancing and is tiltable with respect to the lower base portion), and the upper base portion tilts to a leveled state as the upper base portion and the lower base portion are pressed together as a platform (the horizontal part of the metal clamp of the compression-spring clip mapped to the thermal module above)(“platform” is interpreted as a flat horizontal surface) of the thermal module presses down on the plurality of reaction vessels (the metal clamp part of the thermal module presses down the channel plate)(p. 39, lns. 29-p.40, ln. 7, when chip shown in Fig. 8 is assembled, or pressed together, the compression-spring-loaded clips self-balance the force applied onto the chip, and thus the thermally active element is tilted to a leveled state in order to ensure evenly distributed contact force of the heat transfer sealing layer of the chip on the thermally active element).
Lim teaches the spacer plate 3913 (lower base portion) is configured to support the thermally active element 3911 directly on the heat sink 3915 (p. 39, lns. 13-16) and thus fails to teach the base structure comprises a floor portion disposed under the lower base portion, wherein the lower base portion is supported by spacers, each spacer for adjusting a distance between the lower base portion and the floor portion, wherein the spacer comprises an elastic member provided between the lower base portion and the floor portion for elastically supporting the lower base portion.
However, Lim teaches in the embodiment of Fig. 7 that there is a thermally conductive support plate (731, Fig. 7) below the spacer place to provide backing to the thermally conductive support and can be connected to the heat sink (p. 38, lns. 18-21, p. 87, ln. 27 – p. 88, ln. 9). Lim further teaches the thermally conductive support plate 731 is attached to the spacer plate using fastening elements 731, which can be snap-lock pins with spring elements (p.38, lns 22-28).
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 chip of the embodiment of Fig. 8 of Lim to include a thermally conductive support plate that is not a part of the heat sink, wherein the thermally conductive support plate is attached to the spacer with snap-lock pins with spring elements as taught by the embodiment of Fig. 7 because doing so would provide thermally conductively backing for the thermally active element independent of the heat sink with a reasonable expectation of success (p. 38, lns. 18-21) (MPEP 2143)(I)(G).
The teachings of modified Lim yield the base structure comprises a floor portion (conductive support plate) disposed under the lower base portion, wherein the lower base portion is supported by spacers (snap-lock pins with spring elements), each spacer for adjusting a distance between the lower base portion and the floor portion (spring elements are capable of adjusting a distance between the spacer plate and the conductive support plate), wherein the spacer comprises an elastic member (spring elements) provided between the lower base portion and the floor portion for elastically supporting the lower base portion.
Regarding claim 2, modified Lim teaches all of the elements of the current invention as stated above with respect to claim 1. Modified Lim further wherein the aligning member (the spring 3909 of one of the clips mapped to the central support member) exerts counterforce that partially counteracts a force that causes the upper base portion (thermally active element 3911) to tilt (p. 39, ln. 29 – p. 40, ln. 8, compression-spring loaded clips is configured for the chip to self-balancing, which involves tilting of the thermally active element).
Regarding claim 4, modified Lim teaches all of the elements of the current invention as stated above with respect to claim 1. Modified Lim further teaches wherein the aligning member (the spring 3909 of one of the clips mapped to the central support member) is a spring coil (Fig. 8).
Regarding claim 5, modified Lim teaches all of the elements of the current invention as stated above with respect to claim 1. Modified Lim further teaches wherein the support body (the screw and the rivet of one of the clips mapped to the central support member) has a fixed end (the bottom end of the screw) and a free end (the head and upper part of the shank of the screw), the fixed end of the support body fixed to any one of the upper base portion or the lower base portion (the bottom end of the screw is fixed to the spacer plate, which lower base portion), and the free end (the head and upper part of the shank of the screw) of the support body holding the aligning member (the top part of the shank of the screw is holding the spring) such that the counterforce is exerted on the other one of the upper base portion or the lower base portion (p.39, ln. 29 – p. 40, ln. 8, self-balancing force applied by the spring-load clips, and thus counterforce is exerted on the upper base portion).
Regarding claim 6, modified Lim teaches all of the elements of the current invention as stated above with respect to claim 5. Modified Lim further wherein the free end of the support body has a protruding edge for holding the aligning member (the spring 3909 of one of the clips mapped to the central support member)(the upper part of the shank of the screw is protruding from the head of the screw and holding the spring).
Regarding claim 7, modified Lim teaches all of the elements of the current invention as stated above with respect to claim 1. Modified Lim further teach wherein the upper base portion has a lower surface that is at least partially inclined downwards towards the center axis (p. 39, ln. 29 – p. 40, ln. 8, compression-spring loaded clips is configured for the chip to self-balancing, and thus the thermally active element is tilted before self-balancing and thus part of its lower surface partially inclines downward toward the center axis, which goes through the center of the thermally active element).
Regarding claim 8, modified Lim teaches all of the elements of the current invention as stated above with respect to claim 7 wherein the lower base portion (spacer plate 3913) has an upper surface (the top surface and the inner surface of holes where the spring-loaded clips penetrate) that is at least partially curved (the inner surface of the holes are curved) and in contact with the lower surface of the upper base portion (thermally active element 3911) (the top surface of the spacer plate where the wire of the thermally active element sit are in contact with the thermally active element 3911).
Regarding claim 11, modified Lim teaches all of the elements of the current invention as stated above with respect to claim 1. Modified Lim further teaches wherein the lower base portion has an upper surface (top surface of the spacer plate 3913) that is at least partially inclined upwards towards the center axis (guide pin on the spacer plate for aligning the main channel plate, Fig. 8, has curve head, and part of the curve head is inclined towards the center axis, which vertically goes through the center of thermally active element 3911)(alternatively, p. 39, ln. 29 – p. 40, ln. 8, compression-spring loaded clips is configured for the chip to self-balancing, and thus the spacer plate is tilted before self-balancing and thus part of its upper surface partially inclines downward toward the center axis).
Regarding claim 12, modified Lim teaches all of the elements of the current invention as stated above with respect to claim 11. Modified Lim further teaches wherein the upper base portion (thermally active element 3911) has a lower surface that is at least partially curved (one of wire can be curved and thus has a partially curved lower surface) and in contact with the upper surface of the lower base portion (Fig. 8, the wires of the thermally active element 3911 are in contact with the top surface of spacer plate 3913).
Regarding claim 17, modified Lim teaches all of the elements of the current invention as stated above with respect to claim 1. Modified Lim further teaches wherein the spacers each further comprises a fastening member (snap-fit fastener) connected to the lower base portion and configured to engage the floor portion (see claim 1 above).
Regarding claim 18, modified Lim teaches all of the elements of the current invention as stated above with respect to claim 1. Modified Lim further teaches wherein the upper base portion (thermally active element 3911) comprises a position guide (one of the wires)(Fig. 8)
Modified Lim teaches the lower base portion (spacer plate 3913) comprises a position groove (instead of a hole) for the wire (position guide) to sit on (Fig. 8), and thus fails to teach a hole in which the position guide is at least partially enclosed.
It has been held that a mere change in shape without affecting the function of the part would have been within the level of ordinary skill in the art, In re Dailey et al. , 149 USPQ 47 (MPEP 2144.04 (IV)(B)). Modified Lim discloses the lower base portion (spacer plate 3919) comprises a position groove instead of a position hole. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to change the groove to a hole since it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in the art when the change in shape is no significant to the function of the combination. Further, one would have been motived to select the shape of a hole for the purpose of providing enclosure for the wire at the top In re Dailey et al. , 149 USPQ 47 (MPEP 2144.04 (IV)(B)).
Regarding claim 19, modified Lim teaches all of the elements of the current invention as stated above with respect to claim 1.
Modified Lim fails to teach wherein the upper base portion (thermally active element 3911) comprises a first position guide (one of the wires)and a second position guide (the other wire)(Fig. 8).
Modified Lim teaches the lower base portion comprises a first position groove and a second position groove for the wires (position guides) to sit on, and thus fails to teach 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, it has been held that a mere change in shape without affecting the function of the part would have been within the level of ordinary skill in the art, In re Dailey et al. , 149 USPQ 47 (MPEP 2144.04 (IV)(B)). Modified Lim discloses the lower base portion comprises two position grooves instead of two position hole.
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to change the first and second position grooves to a first and second position holes since it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in the art when the change in shape is no significant to the function of the combination. Further, one would have been motived to select the shape of a hole instead of groove for the purpose of providing enclosure for the wire at the top (In re Dailey et al. , 149 USPQ 47 (MPEP 2144.04 (IV)(B)).
Allowable Subject Matter
Claims 9-10 and 13-15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding claims 9, 13 and 15, Lim/ modified Lim teaches a sample analyzing apparatus comprising a thermal module and a base structure configure to automatically balancing the thermal module, where in the base structure comprises a upper base portion (the screw of clip 1 in the 102 rejection)(thermally active element in the 103 rejection), a lower base portion (metal clamps of clips 1, 2 and 4 in the 102 rejection)(spacer plate in the 103 rejection).
However, Lim does not teach wherein the lower base portion or the upper portion has a plurality of ball units embedded therein. It would not have been obvious to modify the screw to a ball screw or metal clamp surface with ball bearings, or to modify the thermally active element or the spacer plate of modified Lim with ball units on surface. Therefore, the combination of features is considered to be allowable.
Claims 10 and 14 would be considered allowable because its dependence on claim 9 and 13, respectively.
Response to Arguments
Applicant's arguments, see pp. 6-9, filed 03/20/2026, with respect to rejections under 35 U.S.C. 102 and 35 U.S.C. 103 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.
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.
/M.L.C./ Examiner, Art Unit 1758
/REBECCA M FRITCHMAN/ Primary Examiner, Art Unit 1758
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