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 .
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Applicant’s Own Admitted Prior Art of Record (Figs. 1A and 1B) in view of Elsener et al. (US RE39,566).
Regarding claims 1 and 19, the Applicant’s Own Admitted Prior Art of Record (hereinafter AOAPAR) reference an apparatus (100) for controlled separation of a labware (102) from a thermocycler lid (104), the apparatus comprising:
a seal plate (plate connected to 112 in Fig. 1B) configured to be secured to the thermocycler lid, the seal plate having:
a top surface (Fig. 1B), and
a bottom surface configured to receive a labware seal (112).
However, the AOAPAR reference fails to explicitly disclose a pin mounted with a spring on the seal plate at a lateral edge thereof to provide a controlled release of the labware from the thermocycler lid, the spring disposed to force the pin against an upper edge of the labware such that, upon opening the thermocycler lid, the spring causes the pin to extend in contact with the labware, and thereby cause a separation of the labware from the seal plate.
The Elsener et al. (hereinafter Elsener) reference discloses a pin (9) mounted with a spring (8) for controlled release of the labware (Figs. 4a/4b).
It would have been obvious to one of ordinary skill in the art at the time of filing to provide release pins to the AOAPAR reference in view of the teachings of the Elsener reference in order to ensure proper release.
Regarding claim 2, the AOAPAR reference, as modified in claim 1, discloses the pin mounted together with the spring is a first pin mounted together with a first spring, wherein the lateral edge is a first lateral edge, and wherein the apparatus further comprises:
a second pin mounted together with a second spring on the seal plate, disposed at a second lateral edge of the seal plate, the second lateral edge being opposite the first lateral edge (Elsener shows multiple pins, Fig. 1).
Regarding claims 3 and 14, the AOAPAR reference, as modified in claims 1 and 13, discloses the spring is a compression spring having a constant diameter (Elsener, Figs. 3,4a,4b).
Regarding claims 4 and 15, the AOAPAR reference, as modified in claims 1 and 13, discloses the pin has a tapered upper end (Elsener, Figs. 4a,4b).
However, the modified AOAPAR reference fails to explicitly disclose the spring is a conical compression spring.
It would have been obvious to one of ordinary skill in the art at the time of filing to change the shape of the spring to be conical, a change in the shape of a prior art device is a design consideration within the skill of the art and in order to provide optimal spring pressure. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Regarding claims 5 and 16, the AOAPAR reference, as modified in claims 1 and 13, discloses the sealing plate bottom surface defines a recess configured to enclose an upper surface of the labware upon closing the thermocycler lid (AOAPAR, Fig. 1B).
Regarding claims 6 and 17, the AOAPAR reference, as modified in claims 1 and 13, discloses the sealing plate is configured to be temperature controlled (Applicant’s own admitted prior art, Para. [0001]).
Regarding claims 7 and 18, the AOAPAR reference, as modified in claims 1 and 13, discloses the sealing plate is removably secured to the thermocycler lid (AOAPAR, Fig. 1B).
Regarding claim 8, the AOAPAR reference, as modified in claim 7, discloses the sealing plate includes a plurality of mounting apertures (AOAPAR, Fig. 1B) configured to receive a fastener for securing the sealing plate to the thermocycler lid (AOAPAR, Fig. 1B).
Regarding claim 9, the examiner takes official notice that it would have been obvious to one of ordinary skill in the art at the time of filing to make at least a portion of the sealing plate is configured to magnetically engage the thermocycler lid in order to ensure proper installation.
Regarding claim 10, the AOAPAR reference, as modified in claim 1, discloses
the pin includes:
an upper end (Elsener, Figs. 4a,4b) whereon the spring is disposed, and
a lower end (e.g. Elsener, Figs. 4a,4b) terminating in a contacting surface configured to contact the labware.
Regarding claim 11, the AOAPAR reference, as modified in claim 10, discloses the contacting surface is substantially planar (AOAPAR, Figs. 1A,1B).
Regarding claim 12, the AOAPAR reference, as modified in claim 1, discloses the sealing plate includes
a housing (Elsener, e.g. 6) having an inner section, wherein the pin and the spring are slidably mounted within the housing (Elsener, Figs. 4a,4b), and
wherein the housing is disposed near a midpoint of the lateral edge of the sealing plate (Elsener, e.g. Fig. 1).
Regarding claim 13, the AOAPAR reference discloses a thermocycler lid (104) comprising:
a receiving surface (Fig. 1B) configured to receive a labware sealing sheet (Fig. 1B).
However, the AOAPAR reference fails to explicitly disclose a pin mounted with a spring on the seal plate at a lateral edge thereof to provide a controlled release of the labware from the thermocycler lid, the spring disposed to force the pin against an upper edge of the labware such that, upon opening the thermocycler lid, the spring causes the pin to extend in contact with the labware, and thereby cause a separation of the labware from the seal plate.
The Elsener et al. (hereinafter Elsener) reference discloses a pin (9) mounted with a spring (8) for controlled release of the labware (Figs. 4a/4b).
It would have been obvious to one of ordinary skill in the art at the time of filing to provide release pins to the AOAPAR reference in view of the teachings of the Elsener reference in order to ensure proper release.
Regarding claim 20, the AOAPAR, as modified in claim 19, discloses the pin is mechanically actuated against the labware (Elsener, Figs. 4a,4b).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GILBERT Y LEE whose telephone number is (571)272-5894. The examiner can normally be reached Monday-Friday 8am-430pm.
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/GILBERT Y LEE/Primary Examiner, Art Unit 3675