DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/20/2026 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/08/2026 is being considered by the examiner.
Response to Amendment
The Amendment filed 05/20/2026 has been entered. Claims 1-12 are pending in the application are being examined herein.
Status of Objections and Rejections
The rejections under 35 U.S.C. 102 and 35 U.S.C. 103 are being withdrawn in view of Applicant’s amendment.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. 103 are necessitated by Applicant’s amendments in view of utilizing a different embodiment of Hattori (US 20080023331 A1).
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
a heat source member that is configured to heat and/or cool the heat transfer member in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
In this instant case, the corresponding structure for:
“heat source member” is a Peltier element (p.7, line 10), a refrigeration apparatus, or an electric heater (p. 10, lns. 14-16), and equivalents thereof.
Claim Rejections - 35 USC § 102
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 –
Claims 1 and 10-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hattori (US 20080023331 A1).
Regarding claim 1, Hattori teaches a temperature chamber (Fig. 11) comprising:
a body box (heat-insulating container 123) made of a heat insulating material (para. 0195);
a heat transfer member (mount 112) in which a bottom wall and side walls are formed as a single piece (Fig. 11), the heat transfer member (112) being provided within the body box (Fig. 11);
a recessed portion surrounded by the bottom wall and the side walls (Fig. 11, mount 112 has a recessed potion where the thermosensor 115 is disposed);
a heat source member (Peltier device 113) that is configured to heat and/or cool the heat transfer member (Fig. 11, para. 0195), the heat source member (Peltier device 113) being provided within the body box (123) below the heat transfer member (Fig. 11) and
a heat sink (cooling plate 212) disposed within the body box and between the heat source member (Peltier device 113) and the body box, the heat sink (cooling plate 212) being configured to take heat from one surface (bottom surface of 113) of the heat source member (Peltier device 113) on an opposite side of a side of the heat transfer member (Fig. 11, para. 0195).
Regarding claim 10, Hattori teaches all of the elements of the current invention as stated above with respect to claim 1. Hattori further teaches Hattori further comprising a specimen (chip 111) provided on the bottom wall of the heat transfer member (mount 112) (chip 111 is on the top surface of the bottom wall).
Regarding claim 11, Hattori teaches all of the elements of the current invention as stated above with respect to claim 1. Hattori further teaches wherein the one surface (bottom surface of 113) of the heat source member (Peltier device 113) is in direct contact with the heat sink (Fig. 11), and another surface (top surface) of the heat source member is in direct contact with a bottom surface of the heat transfer member (112)(Fig. 11).
Regarding claim 12. Hattori teaches all of the elements of the current invention as stated above with respect to claim 1. Hattori further wherein the heat source member is a Peltier member (para. 0196).
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 2-9 are rejected under 35 U.S.C. 103 as being unpatentable over Hattori (US 20080023331 A1).
Regarding claim 2, Hattori teaches all of the elements of the current invention as stated above with respect to claim 1.
Hattori teaches a temperature chamber for electrophoresis in Fig. 11. Hattori teaches the temperature chamber comprises mount 112 (heat transfer member) within container 123 (body box). Hattori teaches mount 112 is for holding electrophoretic chip 111 and heat-conductive gel sheet 132, and mount comprises a recessed portion surrounded by a bottom wall and side walls at the bottom of the mount. Hattori teaches the side walls have a constant thickness, and thus fails to teach at least one of the side walls has a non-uniform thickness.
However, Hattori teaches another embodiment of a temperature chamber in Fig. 9, that comprises mount 112 (heat transfer member) within container 123. Hattori further teaches Hattori teaches mount 112 comprises a recessed portion surrounded by a bottom wall the side walls, where electrophoretic chip 111 is placed on top of conductive gel sheet 132 in recessed portion of mount 112 (Fig. 9). Hattori further teaches to accommodate gel sheet 132 that has a shorter length than the length of chip 111, the part of the recess for holding conductive gel sheet 132 is shorter than that of the recess for holding chip, and thus at least one of the side walls of mount 112 has a non-uniform thickness (Fig. 9).
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 mount taught by Fig. 11 of Hattori with the mount with at least one of the side walls of mount 112 has a non-uniform thickness taught by Fig. 9 of Hattori in order to accommodate a conductive gel sheet that has a shorter length than that of chip 111 (Fig. 9) with a reasonable expectation of success (MPEP 2143)(I)(G). Furthermore, the claimed limitations are obvious because it was recognized that the mount 112 in Fig. 9 was an alternative to the mount 112 in Fig. 11 in providing a mount for holding chip 111, and simple substitution of one known element (mount 112 in Fig. 9) for another element (mount 112 in Fig. 9) is likely to be obvious when predictable results (a mount for holding chip 111 and gel sheet 132) are achieved. See MPEP 2143(I)(B).
Regarding claim 3, Hattori teaches all of the elements of the current invention as stated above with respect to claim 1.
Hattori teaches a temperature chamber for electrophoresis in Fig. 11. Hattori teaches the temperature chamber comprises mount 112 (heat transfer member) within container 123 (body box). Hattori teaches mount 112 is for holding electrophoretic chip, and mount comprises a recessed portion surrounded by a bottom wall and side walls at the bottom of the mount. Hattori teaches with at least one of the side walls has a larger thickness in a bottom region than in any other region.
However, Hattori teaches another embodiment of a temperature chamber in Fig. 9, that comprises mount 112 (heat transfer member) within container 123. Hattori further teaches Hattori teaches mount 112 comprises a recessed portion surrounded by a bottom wall the side walls, where electrophoretic chip 111 is placed on top of conductive gel sheet 132 in recessed portion of mount 112 (Fig. 9). Hattori further teaches to accommodate gel sheet 132 that has a shorter length than the length of chip 111, the part of the recess for holding conductive gel sheet 132 is shorter than the part of the recess for holding chip, and thus at least one of the side walls has a larger thickness in a bottom region than in any other region (Fig. 9).
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 mount taught by Fig. 11 of Hattori with the mount with at least one of the side walls has a larger thickness in a bottom region than in any other region taught by Fig. 9 of Hattori in order to accommodate a conductive gel sheet that has a shorter length than that of chip 111 (Fig. 9) with a reasonable expectation of success (MPEP 2143)(I)(G). Furthermore, the claimed limitations are obvious because it was recognized that the mount 112 in Fig. 9 was an alternative to the mount 112 in Fig. 11 in providing a mount for holding chip 111, and simple substitution of one known element (mount 112 in Fig. 9) for another element (mount 112 in Fig. 9) is likely to be obvious when predictable results (a mount for holding chip 111 and gel sheet 132) are achieved. See MPEP 2143(I)(B).
Regarding claim 4, Hattori teaches all of the elements of the current invention as stated above with respect to claim 1.
Hattori teaches a temperature chamber for electrophoresis in Fig. 11. Hattori teaches the temperature chamber comprises mount 112 (heat transfer member) within container 123 (body box). Hattori teaches mount 112 is for holding electrophoretic chip, and mount comprises a recessed portion surrounded by a bottom wall and side walls at the bottom of the mount. Hattori teaches the side walls have a constant thickness, and thus fails to teach wherein at least one of the side walls has a smaller planar cross-sectional area on an upper side than on a bottom side.
However, Hattori teaches another embodiment of a temperature chamber in Fig. 9, that comprises mount 112 (heat transfer member) within container 123. Hattori further teaches Hattori teaches mount 112 comprises a recessed portion surrounded by a bottom wall the side walls, where electrophoretic chip 111 is placed on top of conductive gel sheet 132 in recessed portion of mount 112 (Fig. 9). Hattori further teaches to accommodate gel sheet 132 that has a shorter length than the length of chip 111, the part of the recess for holding conductive gel sheet 132 is shorter than the part of the recess for holding chip, and thus at least one of the side walls has a smaller planar cross-sectional area on an upper side than on a bottom side (Fig. 9).
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 mount taught by Fig. 11 of Hattori with the mount with at least one of the side walls has a smaller planar cross-sectional area on an upper side than on a bottom side taught by Fig. 9 of Hattori in order to accommodate a conductive gel sheet that has a shorter length than that of chip 111 (Fig. 9) with a reasonable expectation of success (MPEP 2143)(I)(G). Furthermore, the claimed limitations are obvious because it was recognized that the mount 112 in Fig. 9 was an alternative to the mount 112 in Fig. 11 in providing a mount for holding chip 111, and simple substitution of one known element (mount 112 in Fig. 9) for another element (mount 112 in Fig. 9) is likely to be obvious when predictable results (a mount for holding chip 111 and gel sheet 132) are achieved. See MPEP 2143(I)(B).
Regarding claim 5, Hattori teaches all of the elements of the current invention as stated above with respect to claim 1.
Hattori teaches a temperature chamber for electrophoresis in Fig. 11. Hattori teaches the temperature chamber comprises mount 112 (heat transfer member) within container 123 (body box). Hattori teaches mount 112 is for holding electrophoretic chip, and mount comprises a recessed portion surrounded by a bottom wall and side walls at the bottom of the mount. Hattori teaches the side walls have a constant thickness, and thus fails to teach wherein the recessed portion is provided with a step portion on an inner side surface.
However, Hattori teaches another embodiment of a temperature chamber in Fig. 9, that comprises mount 112 (heat transfer member) within container 123. Hattori further teaches Hattori teaches mount 112 comprises a recessed portion surrounded by a bottom wall the side walls, where electrophoretic chip 111 is placed on top of conductive gel sheet 132 in recessed portion of mount 112 (Fig. 9). Hattori further teaches to accommodate gel sheet 132 that has a shorter length than the length of chip 111, the part of the recess portion for holding conductive gel sheet 132 is shorter than the part of the recess portion for holding chip, and thus wherein the recessed portion is provided with a step portion on an inner side surface (Fig. 9). Hattori further teaches by using conductive gel sheet 132 the electrophoretic chip 111 can be supported in a state that good heat conductivity is kept (para. 0187).
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 mount taught by Fig. 11 of Hattori with the mount with the recessed portion provided with a step portion on an inner side surface taught by Fig. 9 of Hattori in order to accommodate a conductive gel sheet that has a shorter length than that of chip 111 (Fig. 9) with a reasonable expectation of success (MPEP 2143)(I)(G). Furthermore, the claimed limitations are obvious because it was recognized that the mount 112 in Fig. 9 was an alternative to the mount 112 in Fig. 11 in providing a mount for holding chip 111, and simple substitution of one known element (mount 112 in Fig. 9) for another element (mount 112 in Fig. 9) is likely to be obvious when predictable results (a mount for holding chip 111 and gel sheet 132) are achieved. See MPEP 2143(I)(B).
Regarding claim 6, Hattori teaches all of the elements of the current invention as stated above with respect to claim 1. Hattori further teaches further the temperature chamber (Fig. 11) comprising: a lid member (glass lid 211), wherein the recessed portion (mount 112) is configured to be sealed with the lid member (para. 0196, lid 211 is capable of sealing container 123 and thus mount 112 which is within container 123 is capable of being sealed with the lid 211), the lid member has a window (lid 211 is of glass and thus a window).
Hattori teaches the temperature chamber for electrophoresis in Fig. 11. Hattori teaches the temperature chamber comprises mount 112 (heat transfer member) within container 123 (body box). Hattori teaches mount 112 is for holding electrophoretic chip, wherein mount 112 comprises a recessed portion surrounded by a bottom wall and side walls at the bottom of the mount. Hattori teaches the recess portion (where thermistor 115 is placed) is facing Peltier device 113 (Fig. 11), and thus fails to teach inside of the recessed portion is configured to be observed from outside.
However, Hattori teaches another embodiment of a temperature chamber in Fig. 9, that comprises mount 112 (heat transfer member) within container 123. Hattori further teaches Hattori teaches mount 112 comprises a recessed portion surrounded by a bottom wall the side walls, where electrophoretic chip 111 is placed on top of conductive gel sheet 132 in a recessed portion of mount 112 (Fig. 9) and thus the inside of the recessed portion is configured to be observed from outside (Fig. 9, can be observed from the top through glass lid 211 or when glass lid 211 is not placed). Hattori further teaches to accommodate gel sheet 132 that has a shorter length than the length of chip 111, the part of the recess for holding conductive gel sheet 132 is shorter than the part of the recess for holding chip 111 (Fig. 9)
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 mount taught by Fig. 11 of Hattori with the mount of Fig. 9 of Hattori in order to accommodate a conductive gel sheet that has a shorter length than that of chip 111 (Fig. 9) with a reasonable expectation of success (MPEP 2143)(I)(G). Furthermore, the claimed limitations are obvious because it was recognized that the mount 112 in Fig. 9 was an alternative to the mount 112 in Fig. 11 in providing a mount for holding chip 111, and simple substitution of one known element (mount 112 in Fig. 11) for another element (mount 112 in Fig. 9) is likely to be obvious when predictable results (a mount for holding chip 111 and gel sheet 132) are achieved. See MPEP 2143(I)(B).
The teachings of modified Hattori yields inside of the recessed portion is configured to be observed from outside (Fig. 9, the recess portion is facing up, and thus structurally capable of being observed from outside when glass lid 211 is not placed on container 123 or through the glass lid 211 ).
Regarding claim 7, modified Hattori (apparatus of Fig. 11 with the mount 112 of Fig. 9) teaches all of the elements of the current invention as stated above with respect to claim 6.
Hattori teaches glass lid 211, which is the window, is for sealing the container temperature chamber. Hattori fails to explicitly teaches wherein the window is configured by glass plates, a gap is defined between the glass plates, and the gap is configured to receive air from a supply port configured to supply the air.
However, Hattori teaches a temperature chamber in Fig. 3 that comprise a cover that includes lids 124 and 125 for sealing the container of temperature chamber (para. 0161). Hattori further teaches lids 124 and 125 are made of transparent glass and thus is a window (Fig. 3 and para. 0160). Hattori teaches wherein the window is configured by glass plates (lids 124 and 125), a gap is defined between the glass plates (para. 0161), and the gap is configured to receive air from a supply port configured to supply the air (para. 0161, the gap is structurally capable of receiving air from a supply port). Hattori further teaches the top of the container 118 comprises steps for positioning the lids 124 and 125.
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 glass lid 211 as taught by Fig. 11 of Hattori with the cover comprising lids 124 and 15 (glass plates) as taught by Fig. 3 of Hattori; and modified the top end of the container 123 taught by Fig. 11 with steps as taught by Fig. 3 of Hattori because one of ordinary skill in the art would accordingly have recognized the cover comprise lids 124 and 125 and the corresponding top end of the container would result in the predictable result of providing a seal for a electrophoresis container and simple substitution of one known element (glass lid 211 and the corresponding top of container 123) for another element (lids 124 and 125 and the correspond top of container with steps) is likely to be obvious when predictable results (container sealed by a lid) are achieved. See MPEP 2143(I)(B).
The teachings of modified Hattori would yield wherein the window is configured by glass plates (lids 124 and 125), a gap is defined between the glass plates (para. 0161), and the gap is configured to receive air from a supply port configured to supply the air (para. 0161, the gap is structurally capable of receiving air from a supply port).
Regarding claim 8, Hattori teaches all of the elements of the current invention as stated above with respect to claim 1. Hattori further teaches the temperature chamber further comprising: a holding plate (electrophoretic chip 111) configured to hold a specimen (interpreted as a functional limitation, electrophoretic chip 111 is structurally capable of holding a specimen) in a position in air.
Hattori teaches chip 111 is held by mount 112 in a position in air, but the top surface of mount 112 does not have a recess (Fig. 11), and thus Hattori fails to teach the holding plate (electrophoretic chip 111) configured to hold a specimen in a position in air in the recessed portion.
However, Hattori teaches another embodiment of a temperature chamber in Fig. 9, that comprises mount 112 (heat transfer member) within container 123. Hattori further teaches Hattori teaches mount 112 comprises a recessed portion surrounded by a bottom wall the side walls, where electrophoretic chip 111 is placed on top of conductive gel sheet 132 in recessed portion of mount 112 (Fig. 9). Hattori further teaches to accommodate gel sheet 132 that has a shorter length than the length of chip 111, the part of the recess for holding conductive gel sheet 132 is shorter than the part of the recess for holding chip).
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 mount taught by Fig. 11 of Hattori with the mount taught by Fig. 9 of Hattori in order to accommodate a conductive gel sheet that has a shorter length than that of chip 111 (Fig. 9) with a reasonable expectation of success (MPEP 2143)(I)(G). Furthermore, the claimed limitations are obvious because it was recognized that the mount 112 in Fig. 9 was an alternative to the mount 112 in Fig. 11 in providing a mount for holding chip 111, and simple substitution of one known element (mount 112 in Fig. 9) for another element (mount 112 in Fig. 9) is likely to be obvious when predictable results (a mount for holding chip 111 and gel sheet 132) are achieved. See MPEP 2143(I)(B).
The teachings of modified Hattori (apparatus of Fig. 11 with the mount 112 of Fig. 9) would yield the holding plate (electrophoretic chip 111) configured to hold a specimen in a position in air in the recessed portion (the recess of mount 112 in Figs. 9).
Regarding claim 9, modified Hattori teaches all of the elements of the current invention as stated above with respect to claim 8. Modified Hattori further teaches wherein a step portion .
Response to Arguments
Applicant’s arguments, see p. 5, filed 05/20/2026, with respect to claim interpretation under 35 U.S.C. 112(f) have been fully considered and are persuasive. The corresponding structure for the "heat source member" is modified to a Peltier element, a refrigeration apparatus, an electric heater, and equivalents thereof.
Applicant’s arguments, see p. 5, filed 05/20/2026, with respect to the rejection under35 U.S.C. 112(b) have been fully considered and are persuasive. The rejection of 03/06/2026 has been withdrawn.
Applicant’s arguments, see pp. 6-7, filed 05/20/2026, with respect to the 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 (Fig. 3 of Hattori) for any teaching or matter specifically challenged in the argument. The new ground of rejection relies on the embodiment in Fig. 11 of Hattori to teach the newly added features of “a body box made of heating insulating material” and “a heat sink disposed within the body box and between the heat source member and the body box, the heat sink being configured to take heat from one surface of the heat source member on an opposite side of a side of the heat transfer member.”
Applicant’s arguments, see p. 7, filed 05/20/2026, with respect to new claims have been fully considered and are not persuasive because claim 1 is rejected by new grounds of rejection as shown above.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Maris Kessel can be reached at 571-270-7698. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/M.L.C./Examiner, Art Unit 1758
/MARIS R KESSEL/Supervisory Patent Examiner, Art Unit 1758
Prosecution Insights