DETAILED ACTION
Notice of AIA Status
The present application, filed on 8/2/2023, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 1-16 are rejected.
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.
Claims 1-4 and 7-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vifay (WO2008028009 cited in the Informational Disclosure Statement by Applicant filed 10/28/2024).
With respect to claim 1, Vifay teaches a shuttle (sample tube rack transport system 36 in [0024]) for a sample rack manipulation apparatus (conventional automatic chemical analyzer 10 in [0021]) (see Fig. 1), wherein the shuttle (sample tube rack transport system 36) is configured to convey a sample rack (sample tube racks 42 in [0024]) containing a sample container (sample containers 40 in [0024]) between a loading/unloading area (outgoing lane 36B in [0024]), a sampling area (incoming lane 36A see Fig. 1) and a buffer area (area between outgoing lane 36B and incoming lane 36A, see Fig. 1) of the sample rack manipulation apparatus (conventional automatic chemical analyzer 10) (see Fig. 1), and the shuttle (sample tube rack transport system 36) is provided with an identification code reading device (vision system 50 in [0026]), wherein the identification code reading device (vision system 50) is configured to read identification code (rack identifying barcode 42BC in [0029]) of the sample rack (sample tube racks 42) and/or identification code (tube barcode 40BC in [0029]) of the sample container (sample container 40) on the sample rack (sample tube racks 42) when the sample rack (sample tube racks 42) is loaded from the loading/unloading area (outgoing lane 36B) onto the shuttle (sample tube rack transport system 36) (see [0025], [0030] and Figs. 1-4).
With respect to claim 2, Vifay teaches the shuttle according to claim 1, wherein the identification code reading device (vision system 50) is an optical reading device (2D CMOS imagers 54 in [0026]).
With respect to Claim 3, Vifay teaches the shuttle according to claim 2, wherein the optical reading device (vision system 50) comprises at least one code reader (2D imager 54 in [0026]) and at least one mirror (mirror 52 in [0026]), and the code reader (2D imager 54) is configured to read the identification code (rack identifying barcode 42BC) of the sample rack (sample tube racks 42) and/or the identification code (tube bar code 40BC) of the sample container (sample container 42) by reflection of the mirror (mirror 52) on the identification code (rack identifying barcode 42BC) of the sample rack (sample tube racks 42) and/or the identification code (tube bar code 40BC) of the sample container (sample container 40) (see [0030]).
With respect to Claim 4, Vifay teaches the shuttle according to claim 3, wherein the mirror (mirror 52) is fixedly mounted to a fixed structure (see Fig. 3) of the shuttle (sample tube rack transport system 36) (see Fig. 3).
With respect to Claim 7, Vifay teaches the shuttle according to claim 1 wherein the mirror (mirror 52) is arranged at one end (see Fig. 3) of the shuttle (sample tube rack transport system 36) (see Fig. 3).
With respect to Claim 8, Vifay teaches the shuttle according to claim 7, wherein the one end (see Fig. 3) of the shuttle (sample tube rack transport system 36) is adjacent to the loading/unloading area (outgoing lane 36B) (see Fig. 3).
With respect to Claim 9, Vifay teaches the shuttle according to claim 3, wherein the shuttle (sample tube rack transport system 36) comprises a sample rack loading portion (see Fig. 1) for carrying the sample rack (sample tube racks 42) (see Fig. 1) and a code reading portion (see Fig. 4) for carrying the identification code reading device (vision system 50) (see Fig. 4), and the code reading portion and the sample rack loading portion are arranged horizontally adjacent to each other (see Fig. 4).
With respect to Claim 10, Vifay teaches the shuttle according to claim 9, wherein the sample rack loading portion has a longitudinal direction substantially in line with a longitudinal direction of the sample rack (sample tube racks 42) loaded on the sample rack loading portion (see Fig. 4), wherein a plurality of sample containers (sample containers 40 in [0024]) are arranged along the longitudinal direction of the sample rack (sample tube racks 42) (see Fig. 4), and the optical reading device (vision system 50) comprises a first optical path from the identification code (rack identifying barcode 42BC) of the sample rack (sample tube racks 42) (see [0026]) and/or the identification code (tube bar code 40BC) of the sample container (sample container 40) to the mirror (mirror 52) and a second optical path from the mirror (mirror 52) to the code reader (2D imager 54) (see [0026]), wherein the second optical path is substantially parallel to the longitudinal direction of the sample rack loading portion (see [0026]).
With respect to Claim 11, Vifay teaches the shuttle according to claim 9, wherein the shuttle (sample tube rack transport system 36) comprises two code reading portions (2D CMOS imagers 54 in [0026]) respectively located on two opposite sides of the sample rack loading portion (see Fig. 3), and each of the two code reading portions is provided with the identification code reading device (vision system 50) (see Fig. 3).
With respect to Claim 12, Vifay teaches the shuttle according to claim 1 wherein the identification code reading device (vision system 50) is configured to sequentially read the identification code (rack identifying barcode 42BC) of the sample rack (sample tube racks 42) and the identification code (tube barcode 40BC) of the sample container (sample container 40) on the sample rack (sample tube racks 42) when the sample rack (sample tube racks 42) is loaded stepwise or continuously (the code reading device of Vifay is capable of sequentially reading the identification code of the sample rack and the identification code of the sample container on the sample rack when the sample rack is loaded stepwise or continuously).
With respect to Claim 13, Vifay (WO2008028009) teaches a sample rack manipulation apparatus (automatic analyzer 10 in [0021]) , comprising the shuttle (sample tube rack transport system 36) according to claim 1 (see Fig. 1).
With respect to Claim 14, Vifay teaches the sample rack manipulation apparatus according to claim 13, wherein the sample rack manipulation apparatus (automatic analyzer 10) comprises a sample rack (sample tube racks 42) for holding sample containers (sample container 40 in [0026]), the sample rack (sample tube racks 42) is provided with a plurality of accommodating portions (see Fig. 1) for accommodating a plurality of sample containers (sample containers 40) (see Fig. 1), and the plurality of accommodating portions are arranged at regular interval in a longitudinal direction (see Fig. 1).
With respect to Claim 15, Vifay teaches the sample rack manipulation apparatus according to claim 13, wherein each of the accommodating portions is provided with a notch (see Fig. 2) for exposing identification code (tube barcode 40BC) of a sample container (sample container 40), and the notch (see Fig. 2) faces the identification code reading device (vision system 50) (see Figs. 3-6).
With respect to Claim 16, Vifay (WO2008028009) teaches an automatic testing system (automatic analyzer 10 in [0021]) comprising the sample rack manipulation apparatus (automatic analyzer 10) according to claim 13.
Claim Rejections - 35 USC § 103
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 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 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Vifay (WO2008028009).
With respect to Claim 5, Vifay teaches the shuttle according to claim 3, wherein the mirror (mirror 52) is mounted to a fixed structure (see Fig. 3) of the shuttle (sample tube rack transport system 36) via a mirror support member (see Fig. 3).
Vifay doesn’t explicitly teach the mirror mounted to a structure of the shuttle via a mirror support member is adjustably mounted to a structure of the shuttle via a mirror support member.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shuttle as disclosed by Vifay such that the mirror is adjustably mounted to a structure of the shuttle via a mirror support member with a reasonable expectation of success because making the mirror adjustably mounted for the benefit of effectively adjusting the optical path (see MPEP 2144.04 V D. Making Adjustable).
With respect to Claim 6, Vifay teaches the shuttle according to claim 3, wherein the code reader (2D imager 54) is mounted to a fixed structure (see Fig. 3) of the shuttle (sample tube rack transport system 36) via a code reader support member (see Fig. 3).
Vifay doesn’t explicitly teach the code reader mounted to a fixed structure of the shuttle via a code reader support member is adjustably mounted to a fixed structure of the shuttle via a code reader support member.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shuttle as disclosed by Vifay such that the code reader is adjustably mounted to a fixed structure of the shuttle via a code reader support member with a reasonable expectation of success because making the mirror adjustably mounted for the benefit of effectively adjusting the optical path (see MPEP 2144.04 V D. Making Adjustable).
Conclusion
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/JONATHAN BORTOLI/Examiner, Art Unit 1797
/JENNIFER WECKER/Primary Examiner, Art Unit 1797