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 November 25, 2025 has been entered.
Claims 1-3 and 5-16 remain pending and examined in the application. Claims 4 and 17 are canceled.
Applicant’s amendments to the Claims have overcome each and every objection and 112(b) rejection previously set forth in the Non-Final Office Action mailed September 30, 2025. However, new claim objections and 112(b) rejections are pending, as shown below in the Claim Objections and Claim Rejections-35 USC 112 sections, respectively, of the instant Office Action.
Based on Applicant’s amendments and remarks, the previous prior art rejection has been modified to address the claim amendments.
Information Disclosure Statement
The information disclosure statement (IDS) received on 12/10/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 1 and 14-16 are objected to because of the following informalities:
Regarding claim 1, Ln. 2 recites, “at lease”, which is a typo of “at least”.
Further regarding claim 1, Ln. 10 recites, “the holds”, which is a typo of “the holes”.
Claim 14, Lns. 13-14, Claim 15, Ln. 13, and Claim 16, Ln. 13 contain similar issues regarding the recitation of “the holds” instead of “the holes”, and are similarly objected to.
Appropriate correction is required.
Claim Interpretation
The limitation “a specimen rearrangement unit” has been examined as any device or structure capable of transferring a container from a first rack to a second rack, such as a gripper.
The limitation “a specimen processing unit” has been examined as any device or structure capable of processing a specimen, such as a centrifuge or mixer.
Examiner’s Note: In Claim 10, the specimen processing unit has been interpreted as any device capable of preparing a smear sample of a specimen, such as a spreader, or any device capable of analyzing a specimen, such as a detector.
The limitation “a container transfer device” has been examined as any device capable of transferring a specimen container from one rack to another, such as a gripper or conveyor.
The limitation “specimen container storage instrument” has been examined as any device, structure, or region of space capable of storing specimen containers.
The limitation “an empty rack collection unit” has been examined as any device, structure, or region of space capable of storing empty racks.
In claim 14, due to the claim reciting in part, “the transportation control unit [being] programmed to perform control so as to transport the second rack holding the at least one specimen container from the specimen rearrangement unit to the specimen storage unit”, the specimen rearrangement unit and the specimen storage unit have been interpreted as being positively recited.
Any instances of “inside the specimen storage” have been interpreted as meaning “inside the specimen storage unit”.
Examiner’s Note: In order to avoid any confusion, the Examiner suggests amending “inside the specimen storage” to recite “inside the specimen storage unit”.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 13 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 13, Ln. 6 recites, “the specimen container storage instrument”. There is insufficient antecedent basis for this limitation. For purposes of compact prosecution, the above limitation has been examined as, “a specimen container storage instrument”.
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, 5-10, and 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over Sugiyama et al. (US Pub. No. 2020/0256883; hereinafter Sugiyama; already of record) in view of Suzuki et al. (US Pub. No. 2013/0197690; hereinafter Suzuki; already of record) and Takai et al. (US Pub. No. 2014/0212248; hereinafter Takai ‘248; already of record on the IDS received 12/10/2025).
Regarding claim 1, Sugiyama discloses a specimen testing system ([0011], [0040], see Figs. 1-11). The system comprises:
a specimen rearrangement unit configured to transfer at least one specimen container held in a first rack to a second rack which is empty, whereby the second rack holds the at least one specimen container ([0052], [0059], [0089]-[0091], see Fig. 1 at first transfer station 24, which includes transfer unit group 44 including transfer units 46, which transfer a plurality of sample containers from a transfer source rack to a transfer destination rack row. See also Fig. 2, which shows that in a first transfer 402, sample containers are transferred from a first sample rack 400 to a second sample rack 404. See also [0061], which states that after the transfer completion rack is discharged, an empty rack as an alternative thereto is replenished as a transfer destination rack).
A specimen processing unit configured to process a specimen in the at least one specimen container held in the second rack ([0052], [0078]-[0082], [0089]-[0091], [0113], see Fig. 1 at sample inspection section 30, which includes sub-sections 78 to 84 having a plurality of inspection apparatuses, e.g. 92, 98. See also Fig. 2, which shows that sample rack 404 can be fed to inspection station 422 directly through arrow 412).
A specimen storage unit comprising:
a container transfer device configured to transfer the at least one specimen container from the second rack ([0052], [0083]-[0086], [0089]-[0091], see Fig. 1 at third transfer station 32, which includes an outer conveyance path 108, inner conveyance path 110, and a transfer unit group 112 which includes a plurality of transfer units 118 for transferring a plurality of samples from a transfer source rack to a transfer destination rack. See also Fig. 2, which shows that sample rack 404A from inspection station 422 can have sample containers transferred in a third transfer step 426 to sample rack 428).
The specimen storage unit is configured to transfer the at least one specimen container having been processed by the specimen processing unit from the second rack for storage of the at least one specimen container ([0052], [0083]-[0086], [0089]-[0091], see Fig. 1 at third transfer station 32, which includes an outer conveyance path 108, inner conveyance path 110, and a transfer unit group 112 which includes a plurality of transfer units 118 for transferring a plurality of samples from a transfer source rack to a transfer destination rack. See also Fig. 2, which shows that sample rack 404A from inspection station 422 can have sample containers transferred in a third transfer step 426 to sample rack 428. The sample rack 428 can be stored in the third transfer station 32).
A transportation unit configured to transport the second rack among the specimen rearrangement unit, the specimen processing unit, and the specimen storage unit ([0049], [0086], see Fig. 1 at backbone conveyance mechanism 14 including first backbone conveyance line 16 and second backbone conveyance line 18).
A transportation control unit programmed to control the transportation unit ([0049], [0086], [0096], see Fig. 3 at system control unit 122 which controls conveyance control unit 136, which controls operation of backbone conveyance mechanism 14 for transport between first transfer station 24, sample inspection section 30, and third transfer station 32).
The transportation control unit is programmed to perform control so as to transport the second rack holding the at least one specimen container from the specimen rearrangement unit to the specimen storage unit ([0052], [0059], [0089]-[0091], see Fig. 1 at first transfer station 24, which includes transfer unit group 44 including transfer units 46, which transfer a plurality of sample containers from a transfer source rack to a transfer destination rack row. See also Fig. 2, which shows that in a first transfer 402, sample containers are transferred from a first sample rack 400 to a second sample rack 404).
Sugiyama fails to explicitly disclose that:
the specimen storage unit comprises a tray movable between inside the specimen storage unit and outside the specimen storage unit, and on which an archive rack having holes is detachably set, the archive rack being capable of holding the at least one specimen container in the holes;
the container transfer device is configured to transfer the at least one specimen container from the second rack to the archive rack on the tray positioned inside the specimen storage unit;
the specimen storage unit is configured to transfer the at least one specimen container having been processed by the specimen processing unit from the second rack to the archive rack on the tray positioned inside the specimen storage;
the transportation control unit is programmed to control bidirectional transportation of the second rack between the specimen rearrangement unit and the specimen storage unit; and
the transportation control unit is programmed to perform control so as to transport, from the specimen storage unit to the specimen rearrangement unit, the second rack that has become empty after the specimen storage unit has transferred all of the at least one specimen container on the second rack to the archive rack on the tray.
Suzuki is in the analogous field of automated sample testing systems (Suzuki [0001]). Suzuki teaches a transportation control unit that is programmed to control bidirectional transportation of a rack between a first unit and a second unit (Suzuki; [0032]-[0035], see Fig. 1, where an empty samples rack 104 can be conveyed bidirectionally by main conveyance line 106 between analysis units 111-115. A controller 101 controls operation of the transport). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the system of Sugiyama with the teachings of Suzuki so that the transportation control unit is programmed to control bidirectional transportation of the second rack between the specimen rearrangement unit and the specimen storage unit, in order to be able to provide empty second racks from the specimen storage unit to the specimen rearrangement unit, where they can function as a second rack for transferring specimen containers from a first rack thereto, thereby recycling used second racks and conserving racks used in the system. Further, modifying the system of Sugiyama with the teachings of Suzuki such that the transportation control unit is programmed to control bidirectional transportation of the second rack would result in the transportation control unit being programmed to perform control so as to transport, from the specimen storage unit to the specimen rearrangement unit, the second rack that has become empty after the specimen storage unit has transferred all of the at least one specimen container on the second rack to the another rack, which would recycle used second racks and conserve racks used in the system.
Modified Sugiyama fails to explicitly disclose that:
the specimen storage unit comprises a tray movable between inside the specimen storage unit and outside the specimen storage unit, and on which an archive rack having holes is detachably set, the archive rack being capable of holding the at least one specimen container in the holes;
the container transfer device is configured to transfer the at least one specimen container from the second rack to the archive rack on the tray positioned inside the specimen storage unit; and
the specimen storage unit is configured to transfer the at least one specimen container having been processed by the specimen processing unit from the second rack to the archive rack on the tray positioned inside the specimen storage.
Takai ‘248 is in the analogous field of sample tube sorting systems (Takai ‘248 [0001]). Takai ‘248 teaches a specimen storage unit comprising a tray movable between inside the storage unit and outside the storage unit, on which an archive rack having holes is detachably set, the archive rack capable of holding at least one specimen container in the holes (Takai ‘248; [0062]-[0065], see Fig. 3 at tray 171 supporting archive rack R1 located inside tube transferring section 200). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the system of modified Sugiyama with the teachings of Takai ‘248 to include that the specimen storage unit comprises a tray movable between inside the specimen storage unit and outside the specimen storage unit, and on which an archive rack having holes is detachably set, the archive rack being capable of holding the at least one specimen container in the holes, thereby providing a container transfer device that is configured to transfer the at least one specimen container from the second rack to the archive rack on the tray positioned inside the specimen storage unit, and a specimen storage unit that is configured to transfer the at least one specimen container having been processed by the specimen processing unit from the second rack to the archive rack on the tray positioned inside the specimen storage. The motivation would have been that archive racks can be used to store processed sample containers (Takai ‘248; [0057]-[0058], [0062]-[0065], see Fig. 3).
Further, even if Takai ‘248 is not considered to teach that the archive rack is detachably set in the tray, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to detachably set the archive rack in the tray, so that the archive rack can be readily removed from the tray for inspection by a user.
Regarding claim 3, modified Sugiyama discloses the specimen testing system of claim 1, and all limitations recited therein.
Modified Sugiyama fails to explicitly disclose that the transportation control unit is programmed to be able to communicate with the specimen rearrangement unit and the specimen storage unit, and control bidirectional transportation of the second rack between the specimen rearrangement unit and the specimen storage unit according to information received from the specimen rearrangement unit and the specimen storage unit.
Suzuki further teaches a transportation control unit that is programmed to be able to communicate with a first unit and second unit, and control bidirectional transportation of a rack between the first and second unit according to information received from the first and second unit (Suzuki; [0032]-[0035], [0043]-[0045], see Fig. 1 at controller 101, which is connected to processing units A111-E1115 via a communication cable 102). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the system of modified Sugiyama with the further teachings of Suzuki so that the transportation control unit is programmed to be able to communicate with the specimen rearrangement unit and the specimen storage unit, and control bidirectional transportation of the second rack between the specimen rearrangement unit and the specimen storage unit according to information received from the specimen rearrangement unit and the specimen storage unit. The motivation would have been to provide a system where racks can be automatically fed to a unit as needed (Suzuki; [0032]-[0035], [0043]-[0045], see Fig. 1), thereby reducing the potential for human error.
Regarding claim 5, modified Sugiyama discloses the specimen testing system of claim 1, and all limitations recited therein.
Modified Sugiyama fails to explicitly disclose that the transportation control unit is programmed to perform control so as to transport the second rack that has become empty in the specimen storage unit, to the specimen rearrangement unit, according to a number of empty racks stored in the specimen rearrangement unit.
However, Suzuki further teaches a transportation control unit that is configured to perform transfer from one unit to another according to a number of empty racks stored in one of the units (Suzuki; [0043]-[0045], see Fig. 1). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the system of modified Sugiyama with the further teachings of Suzuki so that the transportation control unit is programmed to perform control so as to transport the second rack that has become empty in the specimen storage unit, to the specimen rearrangement unit, according to a number of empty racks stored in the specimen rearrangement unit. The motivation would have been to automatically replenish the specimen rearrangement unit with empty racks for subsequent stocking as desired.
Regarding claim 6, modified Sugiyama discloses the specimen testing system of claim 5, and all limitations recited therein.
Modified Sugiyama fails to explicitly disclose that the specimen rearrangement unit transmits, to the transportation control unit, a transportation request for transporting empty racks when the number of the empty racks stored is less than a predetermined number, and the transportation control unit is programmed to perform control so as to transport, to the specimen rearrangement unit, the second rack that has become empty in the specimen storage unit, based on the transportation request received from the specimen rearrangement unit.
However, Suzuki further teaches a unit that transmits, to a transportation control unit, an indication that the unit has already acquired a necessary number of sample racks, as well as an upper limit of empty sample racks that each processing unit is permitted to acquire (Suzuki [0055]-[0058]). The transportation control unit is configured to perform transport to the unit based on determining if the number of empty sample racks has reached the upper limit (Suzuki [0055]-[0058]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify system of modified Sugiyama with the further teachings of Suzuki so that the specimen rearrangement unit transmits, to the transportation control unit, a transportation request for transporting empty racks when the number of the empty racks stored is less than a predetermined number, and the transportation control unit is programmed to perform control so as to transport, to the specimen rearrangement unit, the second rack that has become empty in the specimen storage unit, based on the transportation request received from the specimen rearrangement unit. The motivation would have been to ensure that the specimen rearrangement unit does not become overloaded with empty racks.
Regarding claim 7, modified Sugiyama discloses the specimen testing system of claim 1, and all limitations recited therein.
Modified Sugiyama further discloses an empty rack collection unit configured to collect the second rack that has become empty in the specimen storage unit (Sugiyama; [0091], see Fig. 2 at empty sample rack 404A from third transfer that is recovered in 430. It is intrinsically recovered in an empty rack collection unit, as described in the Claim Interpretation section of the instant Office action above. See also [0106], which describes a recovery station for empty racks). The second rack that has become empty in the specimen storage unit is transported from the specimen storage unit to the empty rack collection unit (Sugiyama; [0091], see Fig. 2, see also [0106]).
Modified Sugiyama fails to explicitly disclose that the transportation control unit is programmed to perform control so as to transport the second rack that has become empty in the specimen storage unit from the specimen storage unit to the empty rack collection unit, and transport the empty second rack from the empty rack collection unit to the specimen rearrangement unit.
However, Suzuki further teaches a transportation control unit that is programmed to transport an empty rack from a first unit to a second unit (Suzuki; [0032]-[0035], see Fig. 1, where an empty samples rack 104 can be conveyed bidirectionally by main conveyance line 106 between analysis units 111-115. A controller 101 controls operation of the transport). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the system of modified Sugiyama with the further teachings of Suzuki so that the transportation control unit is programmed to perform control so as to transport the second rack that has become empty in the specimen storage unit from the specimen storage unit to the empty rack collection unit, and transport the empty second rack from the empty rack collection unit to the specimen rearrangement unit, in order to be able to provide empty second racks from the specimen storage unit to the specimen rearrangement unit, where they can function as a second rack for transferring specimen containers from a first rack thereto, thereby recycling used second racks and conserving racks used in the system.
Regarding claim 8, modified Sugiyama discloses the specimen testing system of claim 7, and all limitations recited therein.
Modified Sugiyama fails to explicitly disclose that the transportation control unit is programmed to perform control so as to transport the second rack that has become empty in the specimen storage unit, from the empty rack collection unit through the specimen storage unit to the specimen rearrangement unit.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to program the transportation control unit to transport the empty second rack that has become empty in the specimen storage unit from the empty rack collection unit through the specimen storage unit to the specimen rearrangement unit. The motivation would have been to be able to transfer processed specimen containers into the empty second rack, where the formerly empty second rack with processed specimen containers thereon can function as a first rack for subsequent transfer to a second rack in the specimen rearrangement unit, thereby allowing specimen containers to be processed in customizable fashion as desired.
Regarding claim 9, modified Sugiyama discloses the specimen testing system of claim 7, and all limitations recited therein.
Modified Sugiyama fails to explicitly disclose that the transportation control unit is programmed to perform control so as to transport the second rack that has become empty in the specimen storage unit, from the empty rack collection unit, to the specimen rearrangement unit, without causing the empty second rack to pass through the specimen storage unit.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to program the transportation control unit to transport the second rack that become empty in the specimen storage unit from the empty rack collection unit to the specimen rearrangement unit directly without causing the empty second rack to pass through the specimen storage unit. The motivation would have been that directly transporting the empty rack to the specimen rearrangement unit would reduce transportation time, thereby increasing throughput of the system.
Regarding claim 10, modified Sugiyama discloses the specimen testing system of claim 1, and all limitations recited therein. Modified Sugiyama further discloses that the specimen processing unit comprises at least one of a smear sample preparation unit for preparing a smear sample of a specimen, and a specimen analyzer for analyzing a specimen (Sugiyama; [0052], [0078]-[0082], [0089]-[0091], [0113]).
Regarding claim 12, modified Sugiyama discloses the specimen testing system of claim 1, and all limitations recited therein.
Modified Sugiyama fails to explicitly disclose that the transportation unit further transports the first rack among the specimen rearrangement unit, the specimen processing unit, and the specimen storage unit, and the transportation control unit is programmed to perform control so as to bidirectionally transport the first rack between the specimen rearrangement unit and the specimen storage unit.
However, Sugiyama further teaches that a first rack is recovered from the specimen rearrangement unit, where it can be subsequently conveyed throughout the system (Sugiyama; [0089]-[0091], see Fig. 2 at reference numeral 406, where an empty rack 400 that has occurred in the first transfer 402 is recovered). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the system of modified Sugiyama so that the transportation unit further transports the first rack among the specimen rearrangement unit, the specimen processing unit, and the specimen storage unit, and the transportation control unit is programmed to perform control so as to bidirectionally transport the first rack between the specimen rearrangement unit and the specimen storage unit. The motivation would have been to be able to transport the first rack to and from each of the different units as desired, so that specimen containers can be transferred to/from the first rack for subsequent processing as desired.
Regarding claim 13, modified Sugiyama discloses the specimen testing system of claim 12, and all limitations recited therein.
Modified Sugiyama fails to explicitly disclose that the transportation control unit is programmed to transport the first rack that holds a specimen container having not been rearranged into the second rack, from the specimen rearrangement unit, to the specimen storage unit, the specimen storage unit transfers the specimen container from the first rack to the specimen container storage instrument, and the transportation control unit is programmed to perform control so as to transport, to the specimen rearrangement unit, the first rack that has become empty since the specimen storage unit has transferred the specimen container to the specimen container storage instrument.
However, Sugiyama further teaches a sample rack that can optionally skip a transfer station where tubes would be transferred from the sample rack to another sample rack, where the sample rack having un-transferred tubes is transported to a specimen storage unit (Sugiyama; [0052], [0083]-[0086], [0089]-[0091], see Fig. 1 at third transfer station 32, which includes an outer conveyance path 108, inner conveyance path 110, and a transfer unit group 112 which includes a plurality of transfer units 118 for transferring a plurality of samples from a transfer source rack to a transfer destination rack. See also Fig. 2, which shows that sample rack 404A from inspection station 422 can have sample containers transferred in a third transfer step 426 to sample rack 428. This sample rack 404A can skip second transfer step 416, and also be fed directly to third transfer station in 414, skipping pre-processing and inspection). The sample rack that is now empty is transported to a recovery area for subsequent reuse (Sugiyama; [0089]-[0091], see Fig. 2 at empty rack 404A that is recovered after third transfer 426 in step 430). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the system of modified Sugiyama such that the transportation control unit is programmed to transport the first rack that holds a specimen container having not been rearranged into the second rack, from the specimen rearrangement unit, to the specimen storage unit, the specimen storage unit transfers the specimen container from the first rack to the specimen container storage instrument, and the transportation control unit is programmed to perform control so as to transport, to the specimen rearrangement unit, the first rack that has become empty since the specimen storage unit has transferred the specimen container to the specimen container storage instrument. The motivation would have been to allow specimen containers to skip the specimen processing unit and enter storage as desired, such as when testing is not required on certain samples until a later time, thereby freeing up the system for testing of more urgent samples. Further, the motivation would have been to recycle used first racks, thereby conserving racks used in the system.
Regarding claim 14, Sugiyama discloses a rack transportation system ([0011], [0013], [0040], see Figs. 1-11). The system comprises:
a transportation unit configured to transport a second rack among a specimen rearrangement unit configured to transfer at least one specimen container held in a first rack to the second rack which is empty ([0052], [0059], [0089]-[0091], see Fig. 1 at first transfer station 24, which includes transfer unit group 44 including transfer units 46, which transfer a plurality of sample containers from a transfer source rack to a transfer destination rack row. See also Fig. 2, which shows that in a first transfer 402, sample containers are transferred from a first sample rack 400 to a second sample rack 404, [0049], [0086], see Fig. 1 at backbone conveyance mechanism 14 including first backbone conveyance line 16 and second backbone conveyance line 18. See also [0061], which states that after the transfer completion rack is discharged, an empty rack as an alternative thereto is replenished as a transfer destination rack). A specimen processing unit configured to process a specimen in the at least one specimen container held in the second rack ([0052], [0078]-[0082], [0089]-[0091], [0113], see Fig. 1 at sample inspection section 30, which includes sub-sections 78 to 84 having a plurality of inspection apparatuses, e.g. 92, 98. See also Fig. 2, which shows that sample rack 404 can be fed to inspection station 422 directly through arrow 412). A specimen storage unit configured to transfer the at least one specimen container having been processed by the specimen processing unit from the second rack to another rack for storage of the at least one specimen container ([0052], [0083]-[0086], [0089]-[0091], see Fig. 1 at third transfer station 32, which includes an outer conveyance path 108, inner conveyance path 110, and a transfer unit group 112 which includes a plurality of transfer units 118 for transferring a plurality of samples from a transfer source rack to a transfer destination rack. See also Fig. 2, which shows that sample rack 404A from inspection station 422 can have sample containers transferred in a third transfer step 426 to sample rack 428). The specimen storage unit comprises a container transfer device configured to transfer the at least one specimen container from the second rack to the another rack ([0052], [0083]-[0086], [0089]-[0091], see Fig. 1 at third transfer station 32, which includes an outer conveyance path 108, inner conveyance path 110, and a transfer unit group 112 which includes a plurality of transfer units 118 for transferring a plurality of samples from a transfer source rack to a transfer destination rack. See also Fig. 2, which shows that sample rack 404A from inspection station 422 can have sample containers transferred in a third transfer step 426 to sample rack 428).
A transportation control unit programmed to control the transportation unit ([0049], [0086], [0096], see Fig. 3 at system control unit 122 which controls conveyance control unit 136, which controls operation of backbone conveyance mechanism 14 for transport between first transfer station 24, sample inspection section 30, and third transfer station 32).
The transportation control unit is programmed to perform control so as to transport the second rack holding the at least one specimen container from the specimen rearrangement unit to the specimen storage unit ([0052], [0059], [0089]-[0091], see Fig. 1 at first transfer station 24, which includes transfer unit group 44 including transfer units 46, which transfer a plurality of sample containers from a transfer source rack to a transfer destination rack row. See also Fig. 2, which shows that in a first transfer 402, sample containers are transferred from a first sample rack 400 to a second sample rack 404).
Sugiyama fails to explicitly disclose that:
The another rack is an archive rack on a tray positioned inside the specimen storage;
The specimen storage unit comprises the tray movable between inside the specimen storage unit and outside the specimen storage unit, and on which the archive rack having holes is detachably set, the archive rack being capable of holding the at least one specimen container in the holes;
the container transfer device is configured to transfer the at least one specimen container from the second rack to the archive rack on the tray positioned inside the specimen storage unit;
The transportation control unit is programmed to control bidirectional transportation of the second rack between the specimen rearrangement unit and the specimen storage unit; and
The transportation control unit is programmed to perform control so as to transport, from the specimen storage unit to the specimen rearrangement unit, the second rack that has become empty after the specimen storage unit has transferred all of the at least one specimen container on the second rack to the archive rack on the tray.
Suzuki is in the analogous field of automated sample testing systems (Suzuki [0001]). Suzuki teaches a transportation control unit that is programmed to control bidirectional transportation of a rack between a first unit and a second unit (Suzuki; [0032]-[0035], see Fig. 1, where an empty samples rack 104 can be conveyed bidirectionally by main conveyance line 106 between analysis units 111-115. A controller 101 controls operation of the transport). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the system of Sugiyama with the teachings of Suzuki so that the transportation control unit is programmed to control bidirectional transportation of the second rack between the specimen rearrangement unit and the specimen storage unit, in order to be able to provide empty second racks from the specimen storage unit to the specimen rearrangement unit, where they can function as a second rack for transferring specimen containers from a first rack thereto, thereby recycling used second racks and conserving racks used in the system. Further, modifying the system of Sugiyama with the teachings of Suzuki such that the transportation control unit is programmed to control bidirectional transportation of the second rack would result in the transportation control unit being programmed to perform control so as to transport, from the specimen storage unit to the specimen rearrangement unit, the second rack that has become empty after the specimen storage unit has transferred all of the at least one specimen container on the second rack to the another rack, which would recycle used second racks and conserve racks used in the system.
Modified Sugiyama fails to explicitly disclose that:
The another rack is an archive rack on a tray positioned inside the specimen storage;
The specimen storage unit comprises the tray movable between inside the specimen storage unit and outside the specimen storage unit, and on which the archive rack having holes is detachably set, the archive rack being capable of holding the at least one specimen container in the holes; and
the container transfer device is configured to transfer the at least one specimen container from the second rack to the archive rack on the tray positioned inside the specimen storage unit.
Takai ‘248 is in the analogous field of sample tube sorting systems (Takai ‘248 [0001]). Takai ‘248 teaches a specimen storage unit comprising a tray movable between inside the storage unit and outside the storage unit, on which an archive rack having holes is detachably set, the archive rack capable of holding at least one specimen container in the holes (Takai ‘248; [0062]-[0065], see Fig. 3 at tray 171 supporting archive rack R1 located inside tube transferring section 200). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the system of modified Sugiyama with the teachings of Takai ‘248 to include that the another rack is an archive rack on a tray positioned inside the specimen storage, and the specimen storage unit comprises a tray movable between inside the specimen storage unit and outside the specimen storage unit, and on which the archive rack having holes is detachably set, the archive rack being capable of holding the at least one specimen container in the holes, thereby providing a container transfer device that is configured to transfer the at least one specimen container from the second rack to the archive rack on the tray positioned inside the specimen storage unit, and a specimen storage unit that is configured to transfer the at least one specimen container having been processed by the specimen processing unit from the second rack to the archive rack on the tray positioned inside the specimen storage. The motivation would have been that archive racks can be used to store processed sample containers (Takai ‘248; [0057]-[0058], [0062]-[0065], see Fig. 3).
Further, even if Takai ‘248 is not considered to teach that the archive rack is detachably set in the tray, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to detachably set the archive rack in the tray, so that the archive rack can be readily removed from the tray for inspection by a user.
Regarding claim 15, Sugiyama discloses a rack transportation control device ([0011], [0013], [0040], [0049], [0086], [0096], see Fig. 3 at system control unit 122 which controls conveyance control unit 136, which controls operation of backbone conveyance mechanism 14 for transport between first transfer station 24, sample inspection section 30, and third transfer station 32) programmed to control transportation of a second rack among a specimen rearrangement unit configured to transfer at least one specimen container held in a first rack to the second rack which is empty ([0052], [0059], [0089]-[0091], see Fig. 1 at first transfer station 24, which includes transfer unit group 44 including transfer units 46, which transfer a plurality of sample containers from a transfer source rack to a transfer destination rack row. See also Fig. 2, which shows that in a first transfer 402, sample containers are transferred from a first sample rack 400 to a second sample rack 404. See also [0061], which states that after the transfer completion rack is discharged, an empty rack as an alternative thereto is replenished as a transfer destination rack), a specimen processing unit configured to process a specimen in the at least one specimen container held in the second rack ([0052], [0078]-[0082], [0089]-[0091], [0113], see Fig. 1 at sample inspection section 30, which includes sub-sections 78 to 84 having a plurality of inspection apparatuses, e.g. 92, 98. See also Fig. 2, which shows that sample rack 404 can be fed to inspection station 422 directly through arrow 412), and a specimen storage unit configured to transfer the at least one specimen container having been processed by the specimen processing unit from the second rack to another rack for storage of the at least one specimen container ([0052], [0083]-[0086], [0089]-[0091], see Fig. 1 at third transfer station 32, which includes an outer conveyance path 108, inner conveyance path 110, and a transfer unit group 112 which includes a plurality of transfer units 118 for transferring a plurality of samples from a transfer source rack to a transfer destination rack. See also Fig. 2, which shows that sample rack 404A from inspection station 422 can have sample containers transferred in a third transfer step 426 to sample rack 428. The sample rack 428 can be stored in the third transfer station 32), wherein the specimen storage unit comprises a container transfer device configured to transfer the at least one specimen container from the second rack to the another rack ([0052], [0083]-[0086], [0089]-[0091], see Fig. 1 at third transfer station 32, which includes an outer conveyance path 108, inner conveyance path 110, and a transfer unit group 112 which includes a plurality of transfer units 118 for transferring a plurality of samples from a transfer source rack to a transfer destination rack. See also Fig. 2, which shows that sample rack 404A from inspection station 422 can have sample containers transferred in a third transfer step 426 to sample rack 428). The transportation unit comprises
a transportation control unit that is programmed to perform control so as to
transport the second rack holding the at least one specimen container from the specimen rearrangement unit to the specimen storage unit ([0052], [0059], [0089]-[0091], see Fig. 1 at first transfer station 24, which includes transfer unit group 44 including transfer units 46, which transfer a plurality of sample containers from a transfer source rack to a transfer destination rack row. See also Fig. 2, which shows that in a first transfer 402, sample containers are transferred from a first sample rack 400 to a second sample rack 404).
Sugiyama fails to explicitly disclose that:
The another rack is an archive rack on a tray positioned inside the specimen storage;
The specimen storage unit comprises the tray movable between inside the specimen storage unit and outside the specimen storage unit, and on which the archive rack having holes is detachably set, the archive rack being capable of holding the at least one specimen container in the holes;
the container transfer device is configured to transfer the at least one specimen container from the second rack to the archive rack on the tray positioned inside the specimen storage unit;
the transportation control unit is configured to control bidirectional transportation of the second rack between the specimen rearrangement unit and the specimen storage unit; and
the transport control unit is programmed to perform control so as to transport, from the specimen storage unit to the specimen rearrangement unit, the second rack that has become empty after the specimen storage unit has transferred all of the at least one specimen container on the second rack to the archive rack on the tray.
Suzuki is in the analogous field of automated sample testing systems (Suzuki [0001]). Suzuki teaches a transportation control unit that is programmed to control bidirectional transportation of a rack between a first unit and a second unit (Suzuki; [0032]-[0035], see Fig. 1, where an empty samples rack 104 can be conveyed bidirectionally by main conveyance line 106 between analysis units 111-115. A controller 101 controls operation of the transport). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Sugiyama with the teachings of Suzuki so that the transportation control unit is programmed to control bidirectional transportation of the second rack between the specimen rearrangement unit and the specimen storage unit, in order to be able to provide empty second racks from the specimen storage unit to the specimen rearrangement unit, where they can function as a second rack for transferring specimen containers from a first rack thereto, thereby recycling used second racks and conserving racks used in the system. Further, modifying the system of Sugiyama with the teachings of Suzuki such that the transportation control unit is programmed to control bidirectional transportation of the second rack would result in the transportation control unit being programmed to perform control so as to transport, from the specimen storage unit to the specimen rearrangement unit, the second rack that has become empty after the specimen storage unit has transferred all of the at least one specimen container on the second rack to the another rack, which would recycle used second racks and conserve racks used in the system.
Modified Sugiyama fails to explicitly disclose that:
The another rack is an archive rack on a tray positioned inside the specimen storage;
The specimen storage unit comprises the tray movable between inside the specimen storage unit and outside the specimen storage unit, and on which the archive rack having holes is detachably set, the archive rack being capable of holding the at least one specimen container in the holes; and
the container transfer device is configured to transfer the at least one specimen container from the second rack to the archive rack on the tray positioned inside the specimen storage unit.
Takai ‘248 is in the analogous field of sample tube sorting systems (Takai ‘248 [0001]). Takai ‘248 teaches a specimen storage unit comprising a tray movable between inside the storage unit and outside the storage unit, on which an archive rack having holes is detachably set, the archive rack capable of holding at least one specimen container in the holes (Takai ‘248; [0062]-[0065], see Fig. 3 at tray 171 supporting archive rack R1 located inside tube transferring section 200). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of modified Sugiyama with the teachings of Takai ‘248 to include that the another rack is an archive rack on a tray positioned inside the specimen storage, and the specimen storage unit comprises the tray movable between inside the specimen storage unit and outside the specimen storage unit, and on which the archive rack having holes is detachably set, the archive rack being capable of holding the at least one specimen container in the holes, thereby providing a container transfer device that is configured to transfer the at least one specimen container from the second rack to the archive rack on the tray positioned inside the specimen storage unit, and a specimen storage unit that is configured to transfer the at least one specimen container having been processed by the specimen processing unit from the second rack to the archive rack on the tray positioned inside the specimen storage. The motivation would have been that archive racks can be used to store processed sample containers (Takai ‘248; [0057]-[0058], [0062]-[0065], see Fig. 3).
Further, even if Takai ‘248 is not considered to teach that the archive rack is detachably set in the tray, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to detachably set the archive rack in the tray, so that the archive rack can be readily removed from the tray for inspection by a user.
Regarding claim 16, Sugiyama discloses a rack transportation method for transporting a second rack ([0011], [0013], [0040], [0049], [0086], [0096], see Fig. 3 at system control unit 122 which controls conveyance control unit 136, which controls operation of backbone conveyance mechanism 14 for transport between first transfer station 24, sample inspection section 30, and third transfer station 32) among a specimen rearrangement unit configured to transfer at least one specimen container held in a first rack to the second rack which is empty ([0052], [0059], [0089]-[0091], see Fig. 1 at first transfer station 24, which includes transfer unit group 44 including transfer units 46, which transfer a plurality of sample containers from a transfer source rack to a transfer destination rack row. See also Fig. 2, which shows that in a first transfer 402, sample containers are transferred from a first sample rack 400 to a second sample rack 404, [0049], [0086], see Fig. 1 at backbone conveyance mechanism 14 including first backbone conveyance line 16 and second backbone conveyance line 18. See also [0061], which states that after the transfer completion rack is discharged, an empty rack as an alternative thereto is replenished as a transfer destination rack), a specimen processing unit configured to process a specimen in the at least one specimen container held in the second rack ([0052], [0078]-[0082], [0089]-[0091], [0113], see Fig. 1 at sample inspection section 30, which includes sub-sections 78 to 84 having a plurality of inspection apparatuses, e.g. 92, 98. See also Fig. 2, which shows that sample rack 404 can be fed to inspection station 422 directly through arrow 412), and a specimen storage unit configured to transfer the at least one specimen container having been processed by the specimen processing unit from the second rack to another rack for storage of the at least one specimen container ([0052], [0083]-[0086], [0089]-[0091], see Fig. 1 at third transfer station 32, which includes an outer conveyance path 108, inner conveyance path 110, and a transfer unit group 112 which includes a plurality of transfer units 118 for transferring a plurality of samples from a transfer source rack to a transfer destination rack. See also Fig. 2, which shows that sample rack 404A from inspection station 422 can have sample containers transferred in a third transfer step 426 to sample rack 428). The specimen storage unit comprises a container transfer device configured to transfer the at least one specimen container from the second rack to the another rack ([0052], [0083]-[0086], [0089]-[0091], see Fig. 1 at third transfer station 32, which includes an outer conveyance path 108, inner conveyance path 110, and a transfer unit group 112 which includes a plurality of transfer units 118 for transferring a plurality of samples from a transfer source rack to a transfer destination rack. See also Fig. 2, which shows that sample rack 404A from inspection station 422 can have sample containers transferred in a third transfer step 426 to sample rack 428). The rack transportation method comprises:
transporting the second rack from the specimen rearrangement unit to the specimen storage unit ([0052], [0059], [0089]-[0091], see Fig. 1 at first transfer station 24, which includes transfer unit group 44 including transfer units 46, which transfer a plurality of sample containers from a transfer source rack to a transfer destination rack row. See also Fig. 2, which shows that in a first transfer 402, sample containers are transferred from a first sample rack 400 to a second sample rack 404).
The second rack transported from the specimen rearrangement unit to the specimen storage unit holds the at least one specimen container ([0052], [0059], [0089]-[0091], see Fig. 1 at first transfer station 24, which includes transfer unit group 44 including transfer units 46, which transfer a plurality of sample containers from a transfer source rack to a transfer destination rack row. See also Fig. 2, which shows that in a first transfer 402, sample containers are transferred from a first sample rack 400 to a second sample rack 404).
The second rack becomes empty after the specimen storage unit has transferred the at least one specimen container on the second rack to the another rack ([0052], [0083]-[0086], [0089]-[0091], see Fig. 1 at third transfer station 32, which includes an outer conveyance path 108, inner conveyance path 110, and a transfer unit group 112 which includes a plurality of transfer units 118 for transferring a plurality of samples from a transfer source rack to a transfer destination rack. See also Fig. 2, which shows that sample rack 404A from inspection station 422 can have sample containers transferred in a third transfer step 426 to sample rack 428. The sample rack 428 can be stored in the third transfer station 32. See also [0061], which states that the transfer source rack is discharged in a stage where it becomes empty).
Sugiyama fails to explicitly disclose that:
The another rack is an archive rack on a tray positioned inside the specimen storage;
The specimen storage unit comprises the tray movable between inside the specimen storage unit and outside the specimen storage unit, and on which the archive rack having holes is detachably set, the archive rack being capable of holding the at least one specimen container in the holes;
the container transfer device is configured to transfer the at least one specimen container from the second rack to the archive rack on the tray positioned inside the specimen storage unit;
transporting the second rack from the specimen storage unit to the specimen rearrangement unit; and
that the second rack transported from the specimen storage unit to the specimen rearrangement unit has become empty after the specimen storage unit has transferred the at least one specimen container on the second rack to the archive rack on the tray.
Suzuki is in the analogous field of automated sample testing systems (Suzuki [0001]). Suzuki teaches transporting a rack from a first unit to a second unit, and transporting the rack from the second unit to the first unit (Suzuki; [0032]-[0035], see Fig. 1, where an empty samples rack 104 can be conveyed bidirectionally by main conveyance line 106 between analysis units 111-115. A controller 101 controls operation of the transport). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the method of Sugiyama with the teachings of Suzuki so that the method comprises transporting the second rack from the specimen storage unit to the specimen rearrangement unit. The motivation would have been to be able to provide empty second racks from the specimen storage unit to the specimen rearrangement unit, where they can function as a second rack for transferring specimen containers from a first rack thereto, thereby recycling used second racks and conserving racks used in the system. Further, modifying the method of Sugiyama with the teachings of Suzuki would result in a method that comprises transporting, from the specimen storage unit to the specimen rearrangement unit, the second rack that has become empty after the specimen storage unit has transferred the at least one specimen container on the second rack to the another rack, as this would recycle used second racks and conserve racks used in the system.
Modified Sugiyama fails to explicitly disclose that:
The another rack is an archive rack on a tray positioned inside the specimen storage;
The specimen storage unit comprises the tray movable between inside the specimen storage unit and outside the specimen storage unit, and on which the archive rack having holes is detachably set, the archive rack being capable of holding the at least one specimen container in the holes; and
the container transfer device is configured to transfer the at least one specimen container from the second rack to the archive rack on the tray positioned inside the specimen storage unit.
Takai ‘248 is in the analogous field of sample tube sorting systems (Takai ‘248 [0001]). Takai ‘248 teaches a specimen storage unit comprising a tray movable between inside the storage unit and outside the storage unit, on which an archive rack having holes is detachably set, the archive rack capable of holding at least one specimen container in the holes (Takai ‘248; [0062]-[0065], see Fig. 3 at tray 171 supporting archive rack R1 located inside tube transferring section 200). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the method of modified Sugiyama with the teachings of Takai ‘248 to include that the another rack is an archive rack on a tray positioned inside the specimen storage, and the specimen storage unit comprises the tray movable between inside the specimen storage unit and outside the specimen storage unit, and on which the archive rack having holes is detachably set, the archive rack being capable of holding the at least one specimen container in the holes, thereby providing a container transfer device that is configured to transfer the at least one specimen container from the second rack to the archive rack on the tray positioned inside the specimen storage unit, and a specimen storage unit that is configured to transfer the at least one specimen container having been processed by the specimen processing unit from the second rack to the archive rack on the tray positioned inside the specimen storage. The motivation would have been that archive racks can be used to store processed sample containers (Takai ‘248; [0057]-[0058], [0062]-[0065], see Fig. 3).
Further, even if Takai ‘248 is not considered to teach that the archive rack is detachably set in the tray, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to detachably set the archive rack in the tray, so that the archive rack can be readily removed from the tray for inspection by a user.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Sugiyama in view of Suzuki and Takai’248 as applied to claims 1, 3, 5-10, and 12-16 above, and further in view of Sakai et al. (Translation of JP Pub. No. 2009-186201; hereinafter Sakai; already of record).
Regarding claim 2, modified Sugiyama discloses the specimen testing system of claim 1, and all limitations recited therein.
Modified Sugiyama fails to explicitly disclose that the transportation control unit is programmed to receive setting of arrangement of the specimen rearrangement unit, the specimen processing unit, and the specimen storage unit, generate arrangement information according to the received arrangement, and control transportation of the second rack based on the arrangement information.
Sakai is in the analogous field of sample processing systems (Sakai Pg. 1 1st Para.-Pg. 2 1st Para.). Sakai teaches a control unit that is programmed to receive an arrangement setting of various units, generate arrangement information based on the received information, and control transportation of a piece based on the arrangement information (Sakai; Pg. 9 2nd Para.-Pg. 10 1st Para., the arrangement state of processing modules is determined by a computer based on signals generated from the processing modules and detected by the computer. See also Pg. 10 3rd Para., which shows that workpieces are transferred by a transfer module). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the system of modified Sugiyama with the teachings of Sakai so that the transportation control unit is programmed to receive setting of arrangement of the specimen rearrangement unit, the specimen processing unit, and the specimen storage unit, generate arrangement information according to the received arrangement, and control transportation of the second rack based on the arrangement information. The motivation would have been to automatically determine the relative positions of the different units in relation to each other (Sakai; Pg. 9 2nd Para.-Pg. 10 1st Para., see also Pg. 10 3rd Para.), to thereby ensure that workpieces are transferred to each unit as desired.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Sugiyama in view of Suzuki and Takai ‘248 as applied to claims 1, 3, 5-10, and 12-16 above, and further in view of Takai et al. (US Pub. No. 2014/0037517; hereinafter Takai ‘517; already of record).
Regarding claim 11, modified Sugiyama discloses the specimen testing system of claim 1, and all limitations recited therein.
Modified Sugiyama fails to explicitly disclose a measurement unit configured to measure a specimen in the at least one specimen container held in the first rack, wherein the specimen rearrangement unit transfers, to the second rack, the at least one specimen container containing the specimen that is required to be processed by the specimen processing unit as a result of measurement by the measurement unit, among specimen containers held in the first rack.
Takai is in the analogous field of sample processing systems (Takai [0007]). Takai teaches a measurement unit configured to measure a specimen container held in a first rack, and transferring, to a second rack, a specimen container that is required to be processed by a specimen processing unit as a result of measurement by the measurement unit, among specimen containers held in the first rack (Takai; [0041], sample tubes are transferred from a sample rack to a buffer rack to be transferred to a smear preparing apparatus, [0049], depending on the result of a first measurement of a sample, the sample may be sent to the smear preparing apparatus). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the system of modified Sugiyama with the teachings of Takai to include a measurement unit configured to measure a specimen in the at least one specimen container held in the first rack, wherein the specimen rearrangement unit transfers, to the second rack, the at least one specimen container containing the specimen that is required to be processed by the specimen processing unit as a result of measurement by the measurement unit, among specimen containers held in the first rack. The motivation would have been to be able to subject a sample to further processing as desired, depending on an initial measurement performed on the sample.
Response to Arguments
Applicant's arguments filed November 25, 2025 have been fully considered but they are not persuasive.
Applicant argues on Pg. 10-12 of their Remarks that neither Suzuki nor Sugiyama teach transporting the second rack holding that at least one specimen container from the specimen rearrangement unit to the specimen storage unit, and transport, from the specimen storage unit to the specimen rearrangement unit, the second rack that has become empty after the specimen storage unit has transferred all of the at least one specimen container on the second rack to the archive rack on the tray. The Applicant points to sample rack 428 of Sugiyama not being the same as the second rack as in the instant invention. The Examiner’s position is not that sample rack 428 of Sugiyama is the same as the instant second rack, but that sample rack 404 of Sugiyama, as modified by the bidirectional control as taught by Suzuki, teaches the instant second rack. Sugiyama teaches transporting a second rack from the rearrangement unit to the storage unit, and transferring sample containers from the second rack to another rack, thereby emptying the second rack. Sugiyama also teaches that sample rack 404 can be processed in a specimen processing unit before the rack is emptied (see Suzuki at Fig. 2, which shows that sample rack 404A from inspection station 422 can have sample containers transferred in a third transfer step 426 to sample rack 428. The sample rack 428 can be stored in the third transfer station 32). Suzuki teaches bidirectional transport of a rack between different units. Combined, these references teach the limitations in question. For a more detailed explanation, please see, e.g. the rejection of Claim 1 in the Claim Rejections-35 USC 103 section of this instant Office Action.
Applicant further argues on Pgs. 10-12 of their Remarks that the claims are allowable as the prior art of record does not teach that the specimen storage unit comprises a tray movable between inside the specimen storage unit and outside the specimen storage unit. While the Examiner concedes that the prior art of record does not teach this limitation, this limitation has been rejected using Takai ‘248. Applicant’s amendments necessitated the new grounds of rejection.
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.
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/JOHN MCGUIRK/Examiner, Art Unit 1798