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 .
Election/Restrictions
Applicant’s election without traverse of Group 2, claims 5-7, 10-11, and 13 in the reply filed on 03/27/2026 is acknowledged.
Claims 1-4, 16-22, 27-28, and 31 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/27/2026.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The abstract of the disclosure is objected to because the abstract is greater than 150 words in length. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 6-7, 10-11, and 13 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.
Regarding claim 6, the terms “large-sized” and “small-sized” in claim 6 are relative terms which renders the claim indefinite. The terms “large-sized” and “small-sized” are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degrees, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Claim 7 is rejected by virtue of its dependency on claim 6.
Regarding claim 10, claim 10 recites the limitation "the positioning member" in line 3. There is insufficient antecedent basis for this limitation in the claim. Claim 11 is rejected by virtue of its dependency on claim 10.
Regarding claim 13, claim 13 recites the limitation "the insertion end" in line 3. There is insufficient antecedent basis for this limitation in the claim.
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 –
(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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 5 and 13 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Hunt et al. (US 20190041302 A1).
Regarding claim 5, Hunt teaches a carrier (Figs. 1-17, pipette tip dispenser 26) of a nozzle (pipette tip 48; note that “of a nozzle” is interpreted as an intended use of the carrier, wherein “nozzle” is not positively recited structurally) for a sample processor (system 10), comprising:
a base (Figs. 2-5, base of pipette tip dispenser 26) provided with an accommodating portion (Figs. 2-5, slots of pipette tip dispenser 26) for accommodating the nozzle (Figs. 2-5 teaches slots accommodating pipette tips 48) and configured to be inserted into the sample processor in a detachable manner (interpreted as a functional limitation, see MPEP 2114; [0054] teaches pipette tip dispenser 26 is removably mounted to holder 24 of system 10) so that an end surface of the nozzle abuts against an end surface of an injector body along a sample injection direction (Fig. 7 teaches a top end surface of nozzle 48 abuts against a bottom end surface of pipette tip engaging member 38, i.e. injector body, along a sample injection direction).
Regarding claim 13, Hunt further teaches the carrier (Figs. 1-17, pipette tip dispenser 26) according to claim 5, further comprising a protrusion provided on a lower surface of the base and adjacent to the insertion end of the base (Fig. 2-4, interpreted as pipette tip holder 24, which protrudes from a lower surface of pipette tip dispenser 26 and is adjacent to an insertion end, i.e. bottom end, of the pipette tip dispenser 26).
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 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Hunt as applied to claim 5 above, and further in view of Angus et al. (US 20070180935 A1).
Regarding claim 6, Hunt further teaches wherein the accommodating portion comprises an elongated through hole (Figs. 2-4 teaches the pipette tip dispenser 26 comprises slots, i.e. an elongated through hole).
Hunt fails to teach: the elongated through hole comprises a large-sized portion for loading the nozzle and a small-sized portion for holding the nozzle.
Angus teaches a pipette nozzle on an automated pipette machine (abstract; Fig. 11). Angus teaches a disadvantage of automated pipette robots that can only accommodate one size of pipette tips, and it would be desirable to provide an automated pipette machine capable of pipetting a wider range of volumes ([0003]). Angus teaches a nozzle sized to hold one or more different sizes of pipette tips ([0034]). Angus teaches a pipette tip carrier (Fig. 11, element 220; [0064]) for holding multiple sizes of disposable pipette tips ([0064]), wherein the pipette tip carrier comprises a large-sized portion for loading a nozzle and a small-sized portion for holding a nozzle (Fig. 11 and [0064] teaches a relatively large and small portions, 222 and 223, for loading and holding pipette tips).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the elongated through hole of Hunt to incorporate the teachings of using and holding multiple sizes of disposable pipette tips of Angus (Fig. 11; [0003],[0034], [0064]) to provide: the elongated through hole comprises a large- sized portion for loading the nozzle and a small-sized portion for holding the nozzle. Doing so would have a reasonable expectation of successfully improving the capability of carrying different sized nozzles, and therefore improving the flexibility of a sample processor as taught by Angus ([0003], [0034],[0064]).
Regarding claim 7, Hunt further teaches the carrier according to claim 6, further comprising: a sliding member (Figs. 4-8, tool head 30) capable of sliding relative to the base (Figs. 4-8 teaches tool head 30 is capable of sliding relative to pipette dispenser 26, via lead screw 55); and a biasing member (Figs. 4-8, tool head linear actuating motor 32) biasing the sliding member toward the small-sized portion (interpreted as an intended use of the biasing member, see MPEP 2114; Figs. 4-8 and [0049] teaches tool head linear actuating motor 32 is capable of biasing or moving the tool head 30 in a vertical axis towards the pipette dip dispenser 26, therefore is capable of performing the claimed intended use).
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Hunt as applied to claim 5 above, and further in view of Kelly et al. (US 5642816 A).
Regarding claim 10, Hunt fails to teach: the carrier according to claim 5, further comprising notches provided on opposite side edges of the base, the notches being configured to receive projections of the positioning member when the carrier is inserted in place.
Hunt teaches a pipette tip dispenser may be removably mounted to the holder in any of a number of ways, to ensures precise and predictable positioning of the dispenser relative on the holder ([0054]).
Kelly teaches a reusable pipette tip rack for successively receiving and dispensing arrays of pipette tips and including a manually releasable latch mechanism for securing a support plate carrying an array of pipette tips flat on the top of a support tray of the pipette tip rack with the array of tips seated in an array of openings in the top of the support tray (abstract; Figs. 1-5). Kelly teaches a carrier with a base (Figs. 3-5, support plate 14) including notches provided on opposite side edges of the base (Fig. 3 teaches notches in support plate 14 where latches 26a, 26b on opposite side edges secures the support plate), the notches being configured to receive projections of a positioning member when the carrier is inserted in place (Figs. 3-5 teaches the notches in support plate 14 where latches 26a, 26b on opposite side edges secures the support plate are configured to receive projections of latch mechanism 10 when support plate 14 is inserted). Kelly teaches the invention allows for releasably securing refill plates and tip trays to reusable pipette tip racks (column 3, lines 3-9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the carrier of Hunt to incorporate Hunt’s teachings of removably mounted to the holder in any of a number of ways ([0054]) and Kelly’s teachings of mounting a pipette tip tray using notches and projections (Figs. 1-5) to provide: the carrier according to claim 5, further comprising notches provided on opposite side edges of the base, the notches being configured to receive projections of the positioning member when the carrier is inserted in place. Doing so would have a reasonable expectation of successfully allowing for releasably securing the carrier as taught by Kelly (column 3, lines 3-9).
Additionally, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the mounting structures of the carrier of Hunt with Kelly’s known alternative structures of mounting a pipette tip tray using notches and projections (Figs. 1-5) to provide: the carrier according to claim 5, further comprising notches provided on opposite side edges of the base, the notches being configured to receive projections of the positioning member when the carrier is inserted in place. Doing so have a predictable result of allowing for releasably securing the carrier as taught by Kelly (column 3, lines 3-9). I.e. It would have been obvious to have substituted one known element (Hunt’s mounting structures) for another (Kelly’s structures of mounting a pipette tip tray using notches and projections), and the results of the substitution would have been predictable (allowing for releasably securing the carrier). See MPEP 2143(I)(B).
Regarding claim 11, modified Hunt fails to teach: the carrier according to claim 10, wherein inclined surfaces extending from the notches toward an insertion end of the base are provided on an upper surface of the base, and the inclined surfaces are adapted to guide the projections of the positioning member to slide into the notches.
Hunt teaches a pipette tip dispenser may be removably mounted to the holder in any of a number of ways, to ensures precise and predictable positioning of the dispenser relative on the holder ([0054]).
Kelly teaches a reusable pipette tip rack for successively receiving and dispensing arrays of pipette tips and including a manually releasable latch mechanism for securing a support plate carrying an array of pipette tips flat on the top of a support tray of the pipette tip rack with the array of tips seated in an array of openings in the top of the support tray (abstract; Figs. 1-5). Kelly teaches a carrier with a base (Figs. 3-5, support plate 14) including notches provided on opposite side edges of the base (Fig. 3 teaches notches in support plate 14 where latches 26a, 26b on opposite side edges secures the support plate), the notches being configured to receive projections of a positioning member when the carrier is inserted in place (Figs. 3-5 teaches the notches in support plate 14 where latches 26a, 26b on opposite side edges secures the support plate are configured to receive projections of latch mechanism 10 when support plate 14 is inserted). Kelly teaches the invention allows for releasably securing refill plates and tip trays to reusable pipette tip racks (column 3, lines 3-9). Kelly teaches inclined surfaces (Figs. 4-5, inclined cam surfaces 48) extending from the notches toward an insertion end of the base (Figs. 3-5 shows inclined cam surfaces 48 extends from the notch areas of support plate 14 towards an end of the support plate, i.e. bottom end) are provided on an upper surface of the base (Fig. 3 shows the inclined cam surface 48 are provided on an upper surface of support plate 14), and the inclined surfaces are adapted to guide the projections of the positioning member to slide into the notches (Figs. 3-8; teaches the sloping or inclined cam surfaces 48 guides projections of latch mechanism 10 to slide into and secure the support plate 14). Kelly teaches the latch mechanism allows for automatic locking of the support plate (column 6, lines 34-36).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the carrier of Hunt to incorporate Hunt’s teachings of removably mounted to the holder in any of a number of ways ([0054]) and Kelly’s teachings of mounting a pipette tip tray using notches and projections and inclined surfaces (Figs. 1-8) to provide: the carrier according to claim 10, wherein inclined surfaces extending from the notches toward an insertion end of the base are provided on an upper surface of the base, and the inclined surfaces are adapted to guide the projections of the positioning member to slide into the notches. Doing so would have a reasonable expectation of successfully allowing for improved and automatic releasable securing of the carrier as taught by Kelly (column 3, lines 3-9; column 6, lines 34-36).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jungheim et al. (US 20100196210 A1) teaches a carrier (Figs. 1-4, element 14) comprising notches on opposite sides (47) that couples with projections (47) when coupled together with a second portion (22).
Luoma (US 20040134750 A1) teaches a diagnostic system including a retention member can be associated with a positioning device, such as a carousel, to lock and unlock the carrier with respect thereto (abstract). Luoma teaches the locking member can have a tab that is received in the recess of the carrier to slide the carrier with respect to the latching member ([0018]).
Taggart (US 5882603 A) teaches a carrier (Fig. 1, element 10) of a nozzle (P) for a sample processor (interpreted as an intended use), comprising: a base (10) provided with an accommodating portion (portion including holes 11) for accommodating the nozzle (Fig. 1) and configured to be inserted into the sample processor in a detachable manner so that an end surface of the nozzle abuts against an end surface of an injector body along a sample injection direction (interpreted as an intended use; the support rack 10 is structurally capable of being inserted into a sample processor in a detachable manner at a later time such that the nozzle abuts an injector body).
Welch et al. (US 20170043346 A1) teaches a holder rack with an array of slots for tips (abstract; Figs. 1-16). Welch teaches the holder rack (Fig. 1, element 216) includes notches (254, 254).
Ueda (US 20060093530 A1) teaches a pipette tip rack (abstract; Fig. 8) including a carrier (4) with pipette tip inserting portions (6) for pipette tips (151). Ueda teaches the carrier includes various protrusions and notches (Fig. 8, elements 7, 8, 9, 10, 12).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY H NGUYEN whose telephone number is (571)272-2338. The examiner can normally be reached M-F 7:30A-5:00P.
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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.
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/HENRY H NGUYEN/Primary Examiner, Art Unit 1758
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