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
Rejection of Claim(s) 1-20 under 35 U.S.C. 102(a)(1) as being anticipated by Inoue (US 2020/0377833) have been modified in light of applicant’s amendments.
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 (i.e., changing from AIA to pre-AIA ) 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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Inoue (US 2020/0377833).
Regarding claim 1, Inoue teaches a cell picking device comprising a head (6) that is configured to attach to a tip (18) including a leading end portion (opening end of the tip 18) having an opening for allowing a cell to enter and leave the tip, the head (6) including a mechanism (16) to suck and the cell into and from the tip (18) through the opening, and being shiftable in three-dimensional directions (x, y and z) (Refer to Figure 1); a controller (20) that configured to control a shifting of the head (Refer to paragraph [0034]); the controller is configured to execute a peeling-off control of causing the tip to peel off the cell adhered to a bottom surface of a cell container through the head; and
control, in the peeling-off control, the head such that the leading end portion of the tip sequentially shift at different positions along a vertical direction and the leading end portion of the tip performs a shifting containing a horizontal component at each of the different positions along a vertical direction, the different positions including a position where the leading end portion of the tip comes into contact with the cell adhered to the bottom surface. Inoue teaches “The driver 6 can move the sucker 16 in the three directions of the X, Y and Z directions by having the above-mentioned configuration. It is possible to move the sucker 16 in the horizontal-plane direction by rotating the horizontal rotator 8. It is possible to change an inclination angle of the sucker 16 with respect to a vertical axis direction by rotating the vertical rotator 10. Further, it is possible to adjust the height of the position of the tip of the pipette tip 18 by moving the holding arm 14 in the axial direction of the pipette tip 18. The vertical rotator 10 implements a sucker angle adjustment mechanism for adjusting the inclination angle of the sucker 16 with respect to the vertical axis direction. While the horizontal rotator 8 is configured to move the sucker 16 in the horizontal-plane direction by rotating in the horizontal-plane direction in this inventive example, the present invention is not limited to this. A mechanism for moving the sucker 16 in two directions that are orthogonal to each other in the horizontal plane may be used.” (Refer to paragraphs [0031-0032 and 0036]) (Refer to Figures 4-6) (Refer to paragraph [0040-0043])
Regarding claim 2, the shifting containing the horizontal component (driver 6) includes a first horizontal shifting of shifting the head in a horizontal direction at a first position along the vertical direction, and a second horizontal shifting of shifting the head in a horizontal direction at a second position different from the first position along the vertical direction. (Refer to paragraph [0040-0043])
Regarding claim 3, wherein the second position is located away from the bottom surface of the cell container further than the first position, and the controller is onfigured to cause the head to perform the first horizontal shifting and subsequently perform the second horizontal shifting. (Refer to paragraph [0040-0043])
Regarding claim 4, the second position is located closer to the bottom surface of the cell container than the first position, and the controller is configured to cause the head to perform the first horizontal shifting and subsequently perform the second horizontal shifting. (Refer to paragraph [0040-0043])
Regarding claim 5, the controller (20) is configured to shift the head such a manner-that a shifting locus of the leading end portion in the first horizontal shifting and a shifting locus of the leading end portion in the second horizontal shifting intersect on an axially viewed plane of the tip. (Refer to paragraph [0040-0043]) and (Figures 5-7)
Regarding claim 6, the shifting containing the horizontal component further includes a third horizontal shifting of shifting the head in a horizontal direction at a third position different from the first position and the second position along the vertical direction. (Refer to paragraph [0040-0043])
Regarding claim 7, the shifting containing the horizontal component includes a horizontally linear shifting, and the controller (20) is configured to control the head to perform the horizontally linear shifting within a range of a width of the leading end portion of the tip. (Refer to paragraph [0040-0043]) and (Figures 5-7)
Regarding claim 8, the opening of the leading end portion of the tip (18) has a circular shape, and the controller is configured to control the shifting of the head
that the center of the opening in the circular shape sequentially shifts from a predetermined origin position in a first horizontal direction by a distance of a radius of the opening in the circular shape; passes through the origin position, and shifts in a second horizontal direction opposite to the first horizontal position by a distance of a diameter of the opening in the circular shape; and shifts in the first horizontal direction by a distance of the radius of the opening in the circular shape to return to the origin position. (Refer to paragraph [0040-0043]) and (Figures 5-7)
Regarding claim 9, the shifting containing the horizontal component includes a curvy shifting drawing a circle or a swirl on a horizontal plane, and the controller (20) is configured to control the shifting of the head that the leading end portion of the tip curvingly shifts along a peripheral edge of the cell. (Refer to paragraph [0040-0043]) and (Figures 5-7)
Regarding claim 10, the controller (20) is configured to acquire distribution information on cells on the bottom surface of the cell container, and set a shifting direction of the head in the peeling-off control on the basis of the distribution information. (Refer to Figure 4)
Regarding claim 11, the different positions along the vertical direction include a position where the leading end portion of the tip (18) comes into contact with the bottom surface of the cell container (28). (Refer to Figures 5-6)
Regarding claim 12, the controller is configured to control the mechanism included in the head for the sucking and the discharging, and the controller is configured to cause the head to execute an action of sucking the cell while causing the head to horizontally shift at each of the different positions along the vertical direction in the peeling-off control. (Refer to paragraph [0040-0043] and Figures 4-7)
Regarding claim 13, the leading end portion of the tip (18) has a contact section that comes into contact with the bottom surface of the cell container (28), and a notch recessed from the contact section in the vertical direction. (Refer to Figures 7)
Regarding claim 14, at least one of the tip (18) or the cell container (28) is made of an elastically deformable member. (Refer to paragraph [0044])
Regarding claim 15, the controller (20) is configured to shift the head such that a shifting locus of the leading end portion in the first horizontal shifting and a shifting locus of the leading end portion in the second horizontal shifting intersect on an axially viewed plane of the tip (18). (Refer to paragraph [0040-0043] and Figures 4-7)
Regarding claim 16, the shifting containing the horizontal component further includes a third horizontal shifting of shifting the head in a horizontal direction at a third position different from the first position and the second position along the vertical direction. (Refer to paragraph [0040-0043] and Figures 4-7)
Regarding claim 17, the shifting containing the horizontal component includes a horizontally linear shifting, and the controller (20) is configured to control the head to perform the horizontally linear shifting within a range of a width of the leading end portion of the tip. (Refer to paragraph [0040-0043] and Figures 4-7)
Regarding claim 18, the shifting containing the horizontal component includes a curvy shifting drawing a circle or a swirl on a horizontal plane, and the controller is configured to control the shifting of the head such that the leading end portion of the tip curvingly shifts along a peripheral edge of the cell. (Refer to paragraph [0040-0043] and Figures 4-7)
Regarding claim 19, the controller (20) is configured to acquire distribution information on cells on the bottom surface of the cell container, and set a shifting direction of the head in the peeling-off control on the basis of the distribution information. (Refer to paragraph [0040-0043] and Figures 4-7)
Regarding claim 20, the different positions along the vertical direction include a position where the leading end portion of the tip (18) comes into contact with the bottom surface of the cell container (28). (Refer to Figure 6)
Response to Arguments
Applicant's arguments filed 4/22/2026 have been fully considered but they are not persuasive.
Applicants argue that Inoue does not disclose changing the height position of the tip to move the tip horizontally. Examiner respectfully disagrees. Inoue teaches the controller moves the tip X, Y and Z directions in “predetermined positions” which includes the horizontal and vertical positions in order to be viewed in a field view of the microscope. Refer to rejection of claim 1 above for further teaching.
Conclusion
THIS ACTION IS MADE FINAL. 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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/JYOTI Mutreja/Primary Examiner, Art Unit 1798
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