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 Status
Claims 1-22 are pending and being examined.
Claim Objections
Claims 1, 3, 20, and 21 are objected to because of the following informalities:
Claim 1 reads “A vessel unit for mounting medium” should read as “A vessel unit for a mounting medium” in the preamble;
Claim 3 reads "at which socket a mounting medium hose is arranged" should read reads "at which a mounting medium hose is arranged on the socket” in line 2;
Claim 20 reads “the vessel unit contains mounting medium” should read as “the vessel unit contains the mounting medium” in lines 1-2; and
Claim 21 reads “the vessel unit contains solvent” should read as “the vessel unit contains a solvent” in lines 1-2. Appropriate correction is required.
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.
Claims 5, 10, 11, 14, and 17 are 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.
Claim 5 recites the limitation "in particular in the form of an O-ring” in line 2. The term “particular” is a relative term which renders the claim indefinite. The term “particular” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Thus, it is unclear as to whether the O-ring is required or any form of sealing element. Claims 6-7 are rejected by virtue of dependency on claim 10.
Claim 10 recites the limitation “wherein the vessel connection part body is configured to be enclosed by a sleeve having a second sealing surface formed by a sleeve inner wall” in lines 1-3. The limitation is unclear as to whether “the second sealing surface” is directed to the vessel connection part body of the sleeve. For purpose of prosecution, the examiner interprets that the vessel connection part body “has” the second sealing surface. Claims 11-14 are rejected by virtue of dependency on claim 10.
Claim 11 recites the limitation "in particular in the form of an O-ring” in line 2. The term “particular” is a relative term which renders the claim indefinite. The term “particular” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Thus, it is unclear as to whether the O-ring is required or any form of sealing element. Claims 12-14 are rejected by virtue of dependency on claim 11.
Claim 14 recites the limitation "in particular in the form of an O-ring” in line 3. The term “particular” is a relative term which renders the claim indefinite. The term “particular” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Thus, it is unclear as to whether the O-ring is required or any form of sealing element.
Claim 17 recites the limitation “in particular in the form of an O-ring” in lines 1-2. The term “particular” is a relative term which renders the claim indefinite. The term “particular” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Thus, it is unclear as to whether the O-ring is required or any form of sealing element.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pruiett (US 20200270032 A1; hereinafter “Pruiett”).
Regarding claim 1, Pruiett teaches a vessel unit for mounting medium (Pruiett; Abstract), comprising
a vessel (Pruiett; Fig. 1A; para [26]; container 12),
a vessel connection part (Pruiett; Fig. 3, 4; para [34]; the receiver 70) and a vessel closure (Pruiett; Fig. 1, 2; para [34]; cap assembly 10),
wherein the vessel connection part is connected to the vessel by the vessel closure (Pruiett; Fig. 5, 7; para [34]; the container and cap assembly 10 can be coupled with the receiver 70),
wherein the vessel connection part comprises a vessel connection part body (Pruiett; Fig. 4; examiner interprets the body as the entire receiver), a vessel mounting medium channel for the mounting medium (Pruiett; Fig. 6; para [39]; the liquid connector portion 80 of the receiver 70; examiner interprets the channel as the interior of the liquid connector portion), and a vessel pressure medium channel for a pressurized medium (Pruiett; Fig. 6; para [38, 39]; air can be pumped into the receiver 70 through the air connector portion 84… The air 120 flows through the air tube 64 into the cavity 22 of the container 12, pressurizing the contents of the container 12; examiner interprets the channel as the interior of the air connector portion 84),
wherein the vessel unit is adapted to dispense mounting medium via the vessel mounting medium channel when pressurized medium is supplied via the vessel pressure medium channel (Pruiett; para [39]; At a predetermined pressure, the liquid outlet valve 54 in the cap 14 opens, allowing the contents of the container 12 to flow out of the container 12 to the liquid connector portion 80 of the receiver 70 through the liquid outlet 24 in the cap 14 and the liquid inlet 76 of the receiving element 74).
Regarding claim 2, Pruiett teaches the vessel unit according to claim 1, wherein the vessel mounting medium channel includes a mounting medium feedthrough provided in the vessel connection part body (Pruiett; Fig. 4; para [32]; The receiving element 74 includes a liquid inlet 76) and having a third sealing surface formed by a mounting medium feedthrough inner wall (Pruiett; Fig. 3; para [32]; The receiving element 74 can also include a first gasket or O-ring 90 adjacent the liquid inlet 76).
Regarding claim 3, Pruiett teaches the vessel unit according to claim 2, wherein a socket is arranged at the mounting medium feedthrough (Pruiett; Fig. 3; para [32]; The receiving element 74 can also include a first gasket or O-ring 90 adjacent the liquid inlet 76), at which socket a mounting medium hose mounting medium hose is arranged (Pruiett; para [42]; The liquid flow circuit 138 includes a liquid conduit 150 that fluidly couples the receiver 70).
Regarding claim 4, Pruiett teaches the vessel unit according to claim 2, wherein the mounting medium feedthrough is configured to receive a tube, wherein the third sealing surface formed by the mounting medium feedthrough inner wall and a first sealing surface formed by a tube outer wall are opposite each other when the tube is received in the mounting medium feedthrough (Pruiett; para [42]; The liquid flow circuit 138 includes a liquid conduit 150 that fluidly couples the receiver 70). The limitation is directed to the function and/or the manner of operating the mounting medium feedthrough, all the structural limitations of the claim has been disclosed by Pruiett and the mounting medium feedthrough of Pruiett is capable of “receiv[ing] a tube”. As such, it is deemed that the claimed mounting medium feedthrough is not differentiated from the mounting medium feedthrough of Pruiett (see MPEP §2114). The third sealing surface is interpreted as the inner surface of the channel
Regarding claim 5, Pruiett teaches the vessel unit according to claim 4, wherein a mounting medium seal, in particular in the form of an O-ring, is provided between the first and third sealing surfaces (Pruiett; para [32]; The receiving element 74 can also include a first gasket or O-ring 90 adjacent the liquid inlet 76).
Regarding claim 6, Pruiett teaches the vessel unit according to claim 5, wherein the mounting medium seal is disposed on the vessel connection part body in a groove comprising the mounting medium feedthrough inner wall (Pruiett; Fig. 6). Examiner interprets the groove as the opening in which the conduit would be attached and is depicted in Fig. 6.
Regarding claim 7, Pruiett teaches the vessel unit according to claim 6, wherein the vessel connection part body is connected to a vessel connection part lid, wherein a groove flank of the groove comprising the mounting medium feedthrough inner wall is formed by the vessel connection part lid (Pruiett; para [33]; The receiver neck 72 includes a locking mechanism 95 for coupling the cap 14 with the receiving element 74 in the form of a pair of inwardly biased locking arms 96).
Regarding claim 8, Pruiett teaches the vessel unit according to claim 1, wherein the vessel pressure medium channel includes at least one pressure medium feedthrough provided in the vessel connection part body (Pruiett; Fig. 6; para [38, 39]; air can be pumped into the receiver 70 through the air connector portion 84… The air 120 flows through the air tube 64 into the cavity 22 of the container 12, pressurizing the contents of the container 12; examiner interprets the channel as the interior of the air connector portion 84).
Regarding claim 9, Pruiett teaches the vessel unit according to claim 8, wherein the vessel connection part body includes a vessel connection part body outer wall, wherein the vessel pressure medium channel includes a fourth sealing surface formed by the vessel connection part body outer wall (Pruiett; Image 1). The examiner notes that the vessel pressure medium channel is the interior of the air connector portion 84. The “sealing surface” is interpreted as the surface which “seals” the cap 14 and the channel surfaces are contained/formed by the vessel connection part body outer wall.
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Image 1. Annotated Figure 4.
Regarding claim 10, Pruiett teaches the vessel unit according to claim 9, wherein the vessel connection part body is configured to be enclosed by a sleeve having a second sealing surface formed by a sleeve inner wall (Pruiett; Fig. 6; para [36]; the shoulder 32 to retain the cap 14 against the receiving element 74 and to provide an opposing force to the bias of the receiving element 74; the shoulder is interpreted as the sleeve which is biased against the second sealing surface of the liquid connector portion), the second and fourth sealing surfaces being opposite each other when the vessel connection part body is enclosed by the sleeve (Pruiett; Fig. 6) . The “sealing surface” is interpreted as the surface which “seals” the cap 14, thus the second sealing surface is the outer surface of the liquid connector portion.
Regarding claim 11, Pruiett teaches the vessel unit according to claim 10, wherein a pressure medium seal, particularly in the form of an O-ring, is provided between the second and fourth sealing surfaces (Pruiett; para [32]; a second gasket or O-ring 92 circumferentially spaced from the first O-ring 90 and encompassing the air outlets 78).
Regarding claim 12, Pruiett teaches the vessel unit according to claim 11, wherein the pressure medium seal is disposed on the vessel connection part body in a groove comprising the vessel connection part body outer wall (Pruiett; Image 1, Fig 4; the groove is interpreted as the space between the first O-ring 90 and the second O-ring 92, wherein the space is adjacent/comprising part of the vessel connection part body outer wall.
Regarding claim 13, Pruiett teaches the vessel unit according to claim 12, wherein the vessel connection part body is connected to a vessel connection part lid (Pruiett; Fig. 5A-5D; para [34]; FIGS. 5A-5D illustrate the manner in which the container and cap assembly 10 can be coupled with the receiver 70), wherein a groove flank of the groove comprising the vessel connection part body outer wall is formed by the vessel connection part lid (Pruiett; Fig. 6; the cap 14 which is part of the vessel connection part lid is positioned within the groove formed by the vessel connection part body outer wall.
Regarding claim 14, Pruiett teaches the vessel unit according to claim 13, wherein the at least one pressure medium feedthrough provided in the vessel connection part body has a further pressure medium seal, in particular in the form of an O-ring, at an interface between the vessel connection part body and the vessel connection part lid (Pruiett; Fig. 3, 4; para [32]; The receiving element 74 can also include a first gasket or O-ring 90 adjacent the liquid inlet 76).
Regarding claim 15, Pruiett teaches the vessel unit according to claim 8, wherein the vessel mounting medium channel includes a mounting medium feedthrough provided in the vessel connection part body (Pruiett; Fig. 4; para [32]; The receiving element 74 includes a liquid inlet 76), wherein an opening of the mounting medium feedthrough and an opening of the at least one pressure medium feedthrough are arranged concentrically with respect to a central axis of the vessel unit (Pruiett; Fig. 3, 4). The mounting medium feedthrough and the pressure medium feedthrough share the same axis as both inlets are positioned on the same structure.
Regarding claim 16, Pruiett teaches the vessel unit according to claim 1, wherein an opening of the vessel mounting medium channel and an opening of the vessel pressure medium channel are arranged concentrically with respect to a central axis of the vessel unit (Pruiett; Fig. 3, 4). The mounting medium feedthrough and the pressure medium feedthrough share the same axis as both inlets are positioned on the same structure.
Regarding claim 17, Pruiett teaches the vessel unit according to claim 1, wherein a vessel seal, in particular in the form of an O-ring (Pruiett; Fig. 2; para [30]; The first and second seals 50, 52 can be made from any suitable resilient material, such as silicone, for example), is provided between the vessel connection part and the vessel (Pruiett; Fig. 6).
Regarding claim 18, Pruiett teaches the vessel unit according to claim 1, wherein the vessel closure is configured as a screw closure for screwing onto the vessel (Pruiett; para [28]; The cap 14 can be coupled with the neck 38 through threads 40 provided on the cap 14 (FIG. 7) that are configured to mate with threads 42 provided on the neck 38).
Regarding claim 19, Pruiett teaches the vessel unit according to claim 1, wherein a vessel cover is disposed on the vessel unit closure to cover the vessel mounting medium channel and the vessel pressure medium channel (Pruiett; Fig. 7). The vessel cover is interpreted as the device which the vessel is positioned. Specifically, the device encloses the vessel connection part which comprises the vessel mounting medium channel and the vessel pressure medium channel.
Regarding claim 20, Pruiett teaches the vessel unit according to claim 1, wherein the vessel of the vessel unit contains mounting medium. The limitation is directed to the function and/or the manner of operating the vessel, all the structural limitations of the claim has been disclosed Pruiett and the vessel of Pruiett is capable of “contain[ing] mounting medium”. As such, it is deemed that the claimed vessel is not differentiated from the vessel of Pruiett (see MPEP §2114).
Regarding claim 21, Pruiett teaches the vessel unit according to claim 1, wherein the vessel of the vessel unit contains solvent (Pruiett; para [25]).
Allowable Subject Matter
Claim 22 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Pruiett does not teach an automatic coverslipper for automatically applying the mounting medium from the vessel unit and a coverslip to a slide, wherein the automatic coverslipper has a machine connection part, wherein the machine connection part comprises a machine connection part body, a machine mounting medium channel for the mounting medium, and a machine pressure medium channel for the pressurized medium. Specifically, the vessel unit of Pruiett does not teach the vessel being comprised within an slide processing apparatus.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Austin Q Le whose telephone number is (571)272-7556. The examiner can normally be reached Monday - Friday 9am - 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Curtis Mayes can be reached at (571) 272-1234. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.Q.L./Examiner, Art Unit 1796
/MATTHEW D KRCHA/Primary Examiner, Art Unit 1796
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