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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP2021-042221, filed on 03/16/2021.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
(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.
Claim(s) 1-5 and 8-12 are rejected under 35 U.S.C. 102(a)(1) based upon a public use or sale or other public availability of the invention. The instant invention is anticipated by Hirano et al. (US20140093426A1).
Regarding Claim 1, Hirano et al. teaches an automatic analyzer (See the Abstract, the automatic analytical device, and Claim(s) 1-6 in [0050]-[0092] in Fig. 1-11E), comprising: a mechanism base (See how the component(s) in Fig. 1 need a support base);
a dispensing mechanism which is disposed on the mechanism base (See the sample dispensing mechanism 106 and the reagent dispensing mechanism 107 in [0050]-[0053] in Fig. 1-2), and has at least one horizontal drive shaft and one vertical drive shaft for moving a dispensing nozzle (See how the dispensing mechanism has the arms 122, 123 that can be driven in XY plane and extend in the Z-direction in [0053]-[0054] in Fig. 1-2; Also, see the control unit 111 lowers the shaft 121 in [0049]-[0054], [0060]-[0063] in Fig. 1-2);
a first mechanism which is disposed on the mechanism base, and has a stop position at which the dispensing nozzle is stopped (See how the dispensing probe 124 is moved from the initial position to a predetermined reference point P (process 200), the reference position P is a stop position in [0063] in Fig. 5B; Also, see how the amount of lowering is down to a height at which the tip portion of the dispensing probe 124 can contact the inner surface of the cylindrical structure 130 of the positioning member 129 when the dispensing probe 124 is moved in the XY plane after it is lowered in [0063] in Fig. 5B);
a control section for positioning the dispensing nozzle with the stop position of the first mechanism (See how the positioning process is executed by the control unit 111 in [0060]-[0066] in Fig. 1-5E); and
a data storage section (See the data storage unit in [0050]-[0052] in Fig. 1), wherein: a member is disposed on the first mechanism indicating a predetermined first position and a predetermined second position of the first mechanism (See how the dispensing probe 124 is moved from the initial position to a predetermined reference point P (process 200), the reference position P is a stop position in [0063] in Fig. 5B; Also, see how the amount of lowering is down to a height at which the tip portion of the dispensing probe 124 can contact the inner surface of the cylindrical structure 130 of the positioning member 129 when the dispensing probe 124 is moved in the XY plane after it is lowered in [0063] in Fig. 5B);
the horizontal drive shaft of the dispensing mechanism moves the dispensing nozzle in an XY plane (See how the dispensing probe124 is moved in the XY plane in [0063] in Fig. 2);
the vertical drive shaft of the dispensing mechanism moves the dispensing nozzle in a Z direction vertical to the XY plane (See how the control unit 111 lowers the shaft 121 in [0063] in Fig. 2);
the data storage section stores a position adjustment value indicating an XY-plane position corresponding to the stop position, a position adjustment value indicating an XY-plane position of the member at the first position, and a position adjustment value indicating an XY-plane position of the member at the second position (See how the theta.2 arm 123 is rotation-driven in the right and left directions in the XY plane so that the dispensing probe 124 is made into contact with the inner surface of the cylindrical structure 130 of the positioning member 129 in [0065]-[0079] in Fig. 5C-E; Also, see how each time contact is detected, the coordinates (x.sub.a,y.sub.a) and (x.sub.b,y.sub.b) of the points A and B are calculated (processes 201 and 202) in [0065] in Fig. 5C-E);
the member is sensed by the dispensing nozzle to detect the first position and the second position; and the control section calculates a correction value of the position adjustment value indicating the XY-plane position corresponding to the stop position based on a positional relation among the stop position, the first position, and the second position, which are represented by the position adjustment values as the XY-plane positions, and stored in the data storage section, and the XY-plane positions corresponding to the first and the second positions, which are detected using the dispensing nozzle (See how through detection of the contact points (the points A to C), the coordinates of the respective points (x.sub.a,y.sub.a) to (x.sub.c,y.sub.c) are calculated by the control unit 111 in [0069] in Fig. 5C-E; Also, see how the control unit 111 drives drive portions (e.g., motors) of the .theta.1 arm 122 and the .theta.2 arm 123 on the basis of the calculated .theta..sub.1Q and .theta..sub.2Q, and positions them at the target point Q in [0077] in Fig. 5C-E; Thus, with the aforementioned processing function mounted, it is possible to, even when the dispensing drive mechanism has two rotation drive shafts, automatically position the dispensing probe 124 at a predetermined position accurately and in a short time in [0065]-[0079] in Fig. 1-5E).
Regarding Claim 2, Hirano et al. teaches the device limitations of claim 1.
Hirano et al. further teaches an automatic analyzer (See the Abstract, the automatic analytical device, and Claim(s) 1-6 in [0050]-[0092] in Fig. 1-11E), wherein: the dispensing mechanism includes two horizontal drive shafts for moving the dispensing nozzle (See how the dispensing mechanism has the arms 122, 123 that can be driven in XY plane and extend in the Z-direction in [0053]-[0054] in Fig. 1-2; Also, see the control unit 111 lowers the shaft 121 in [0049]-[0054], [0060]-[0063] in Fig. 1-2);
the member is a cylindrical member, and a first cylindrical member indicating the first position and a second cylindrical member indicating the second position are disposed on the first mechanism (See how the dispensing probe 124 is moved from the initial position to a predetermined reference point P (process 200), the reference position P is a stop position in [0063] in Fig. 5B; Also, see how the amount of lowering is down to a height at which the tip portion of the dispensing probe 124 can contact the inner surface of the cylindrical structure 130 of the positioning member 129 when the dispensing probe 124 is moved in the XY plane after it is lowered in [0063] in Fig. 5B);
the dispensing nozzle is brought into contact with three or more points on an inner wall surface of the cylindrical member for detecting a contact point position; and the control section calculates a center position of the first cylindrical member from the detected contact point position of the first cylindrical member, which is set as the first position, and a center position of the second cylindrical member from the detected contact point position of the second cylindrical member, which is set as the second position (See how through detection of the contact points (the points A to C), the coordinates of the respective points (x.sub.a,y.sub.a) to (x.sub.c,y.sub.c) are calculated by the control unit 111 in [0069] in Fig. 5C-E; Also, see how the control unit 111 drives drive portions (e.g., motors) of the .theta.1 arm 122 and the .theta.2 arm 123 on the basis of the calculated .theta..sub.1Q and .theta..sub.2Q, and positions them at the target point Q in [0077] in Fig. 5C-E; Thus, with the aforementioned processing function mounted, it is possible to, even when the dispensing drive mechanism has two rotation drive shafts, automatically position the dispensing probe 124 at a predetermined position accurately and in a short time in [0065]-[0079] in Fig. 1-5E).
Regarding Claim 3, Hirano et al. teaches the device limitations of claim 2.
Hirano et al. further teaches an automatic analyzer (See the Abstract, the automatic analytical device, and Claim(s) 1-6 in [0050]-[0092] in Fig. 1-11E), comprising the multiple dispensing mechanisms including a first dispensing mechanism and a second dispensing mechanism, wherein: at least one of the cylindrical members is shared between the first and the second cylindrical members for calculating a correction value of the position adjustment value indicating the XY-plane position corresponding to the stop position of the first dispensing mechanism, and the first and the second cylindrical members for calculating a correction value of the position adjustment value indicating the XY-plane position corresponding to the stop position of the second dispensing mechanism (See how the positioning member 129 fits into the opening of the cell 104 or reagent bottle 102 on reagent disc 103 in [0055]-[0056] in Fig. 1-8; Also, see the two embodiments: the first with two rotation drive shafts and the second with one rotation drive shaft for XY movement in [0063]-[0092] in Fig. 1-8).
Regarding Claim 4, Hirano et al. teaches the device limitations of claim 2.
Hirano et al. further teaches an automatic analyzer (See the Abstract, the automatic analytical device, and Claim(s) 1-6 in [0050]-[0092] in Fig. 1-11E), wherein: the data storage section stores the position adjustment value indicating a Z-direction position corresponding to the stop position, and the position adjustment value indicating a Z- direction position of the first cylindrical member or the second cylindrical member; the dispensing nozzle is brought into contact with a bottom surface of the first cylindrical member or the second cylindrical member to detect the Z-direction position of the cylindrical member (See the data storage unit in [0050]-[0052] in Fig. 1; See how the dispensing probe 124 is moved from the initial position to a predetermined reference point P (process 200), the reference position P is a stop position in [0063] in Fig. 5B; Also, see how the amount of lowering is down to a height at which the tip portion of the dispensing probe 124 can contact the inner surface of the cylindrical structure 130 of the positioning member 129 when the dispensing probe 124 is moved in the XY plane after it is lowered in [0063] in Fig. 5B); and
the control section calculates a correction value of the position adjustment value indicating the Z-direction position corresponding to the stop position based on the position adjustment value indicating the Z-direction position of the first cylindrical member or the second cylindrical member, which is stored in the data storage section, and the Z-direction position of the first cylindrical member or the second cylindrical member, which is detected using the dispensing nozzle (See how the positioning process is executed by the control unit 111 in [0049]-[0066] in Fig. 1-5E).
Regarding Claim 5, Hirano et al. teaches the device limitations of claim 2.
Hirano et al. further teaches an automatic analyzer (See the Abstract, the automatic analytical device, and Claim(s) 1-6 in [0050]-[0092] in Fig. 1-11E), wherein: the first mechanism is a reaction disc; and the stop position is set within a reaction vessel disposed on the reaction disc (See how in the dispensing, the sample cup 100, the reagent bottle 102, and the cell 104 are moved to predetermined positions through transfer of the sample rack 101 and rotation of the reagent disc 103 and the cell disc 105 in [0050]-[0058] in Fig. 1-4).
Regarding Claim(s) 8-9, Hirano et al. teaches the device limitations of claim 1.
Hirano et al. further teaches an automatic analyzer (See the Abstract, the automatic analytical device, and Claim(s) 1-6 in [0050]-[0092] in Fig. 1-11E), wherein: the dispensing mechanism includes one horizontal drive shaft for moving the dispensing nozzle (See how the dispensing mechanism has the arms 122, 123 that can be driven in XY plane and extend in the Z-direction in [0053]-[0054] in Fig. 1-2; Also, see the control unit 111 lowers the shaft 121 in [0049]-[0054], [0060]-[0063] in Fig. 1-2);
the first mechanism is a disc to be rotationally driven around the center as an axis (See how each of the reagent disc 103 and the cell disc 105 is in the shape of a disc, and is rotation-driven about the rotation axis in [0051] in Fig. 1);
the member is a cylindrical member; when the cylindrical member is at the first position, the dispensing nozzle is brought into contact with two points on an inner wall surface of the cylindrical member for detecting a contact point position; when the disc is rotationally driven to dislocate the cylindrical member from the first position, the dispensing nozzle is brought into contact with two points on the inner wall surface of the cylindrical member for detecting a contact point position (See how the dispensing probe 124 is moved from the initial position to a predetermined reference point P (process 200), the reference position P is a stop position in [0063] in Fig. 5B; Also, see how the amount of lowering is down to a height at which the tip portion of the dispensing probe 124 can contact the inner surface of the cylindrical structure 130 of the positioning member 129 when the dispensing probe 124 is moved in the XY plane after it is lowered in [0051]-[0063] in Fig. 5B);
the control section calculates a center position of the cylindrical member based on the detected contact point position of the cylindrical member at the first position, and a contact point position of the cylindrical member, which has been obtained through coordinate conversion of the contact point position of the cylindrical member detected in the state dislocated from the first position into the contact point position of the cylindrical member at the first position; (See how the cylindrical structure 130 is formed such that its central axis coincides with the target point for positioning in [0055]. Also, see how through detection of the contact points (the points A to C), the coordinates of the respective points (x.sub.a,y.sub.a) to (x.sub.c,y.sub.c) are calculated by the control unit 111 in [0069] in Fig. 5C-E; See how the control unit 111 drives drive portions (e.g., motors) of the .theta.1 arm 122 and the .theta.2 arm 123 on the basis of the calculated .theta..sub.1Q and .theta..sub.2Q, and positions them at the target point Q in [0077] in Fig. 5C-E; Thus, with the aforementioned processing function mounted, it is possible to, even when the dispensing drive mechanism has two rotation drive shafts, automatically position the dispensing probe 124 at a predetermined position accurately and in a short time in [0065]-[0079] in Fig. 1-5E); and
wherein: the disc is rotationally moved to bring the cylindrical member into the second position; and rotational drive amount for the disc to move the cylindrical member from the first position to the second position is larger than rotational drive amount for the disc to obtain the center position of the cylindrical member (See how the dispensing probe 124 is moved from the initial position to a predetermined reference point P (process 200), the reference position P is a stop position in [0063] in Fig. 5B; Also, see how the amount of lowering is down to a height at which the tip portion of the dispensing probe 124 can contact the inner surface of the cylindrical structure 130 of the positioning member 129 when the dispensing probe 124 is moved in the XY plane after it is lowered in [0063] in Fig. 5B).
Regarding Claim(s) 10-11, Hirano et al. teaches the device limitations of claim 1.
Hirano et al. further teaches an automatic analyzer (See the Abstract, the automatic analytical device, and Claim(s) 1-6 in [0050]-[0092] in Fig. 1-11E), wherein the control section outputs a warning of abnormality if movement of the dispensing nozzle to the stop position in accordance with the position adjustment value corrected by the calculated correction value exceeds a prescribed operation range of the dispensing nozzle; wherein the control section outputs a warning of abnormality if the calculated correction value exceeds a prescribed range of correction quantity. (See how if the design values and the calculation results of the coordinates of the point Q or the radius of the cylinder of the positioning member greatly differ due to erroneous operations of the liquid level detector 128 or arrangement failures of the positioning member 129, the control unit 111 desirably outputs an alarm from the output unit 116 of the automatic analytical device to promote the operator to perform check in [0078]).
Regarding Claim 12, Hirano et al. teaches the device limitations of claim 1.
Hirano et al. further teaches an automatic analyzer (See the Abstract, the automatic analytical device, and Claim(s) 1-6 in [0050]-[0092] in Fig. 1-11E), wherein the control section calculates the correction value of the position adjustment value indicating the XY-plane position corresponding to the stop position at each activation of the automatic analyzer (See in claim(s) 1-6 in [0065]-[0079] in Fig. 1-5E).
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.
Claim(s) 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Hirano et al. (US20140093426A1) as applied to claim 2 above, and further in view of Sakairi et al. (US20200241026A1).
Regarding Claim 6, Hirano et al. teaches the device limitations of claim 2.
Hirano et al. further teaches an automatic analyzer (See the Abstract, the automatic analytical device, and Claim(s) 1-6 in [0050]-[0092] in Fig. 1-11E), wherein: the first mechanism is a reagent disc on which a reagent bottle is disposed (See how in the dispensing, the sample cup 100, the reagent bottle 102, and the cell 104 are moved to predetermined positions through transfer of the sample rack 101 and rotation of the reagent disc 103 and the cell disc 105 in [0050]-[0058] in Fig. 1-4).
Yet, Hirano et al. fails to explicitly teach an automatic analyzer, wherein: each of the first cylindrical member and the second cylindrical member is movable to a position where each of the first and the second cylindrical members is visible through each reagent suction hole formed in a reagent disc lid, and has substantially the same height as that of a lid of the reagent bottle.
However, in the analogous art of automated analysis devices, Sakairi et al. teaches an automatic analyzer (See the Abstract, the automatic analytical device, and Claim(s) 10-16 in [0023]-[0047] in Fig. 1-6), wherein: each of the first cylindrical member and the second cylindrical member is movable to a position where each of the first and the second cylindrical members is visible through each reagent suction hole formed in a reagent disc lid, and has substantially the same height as that of a lid of the reagent bottle (See how the reagent dispensing mechanism 10 moves to above the region 4 (the opening of the cover) by rotation, then moves down, and immerses a tip of the probe (nozzle) in the reagent in the reagent bottle 3 whose lid is opened by the reagent vessel lid opening and closing mechanism to suck a predetermined amount of the reagent. Next, the reagent dispensing mechanism 10 moves up, moves to above a predetermined position 5 on the incubator 104 by rotation, and then discharges the reagent to the reaction vessel 105 in [0023]-[0024], [0031]-[0037] in Fig. 1; Also, see the positional relationship between an arcuate trajectory 12 of the reagent dispensing mechanism 10 and the three suction ports 31, 32 and 33 of the reagent bottle 3 positioned in the region 4 in [0031]-[0037] in Fig. 1).
Thus, it would be obvious to one with ordinary skills in the arts to modify the device of Hirano et al. by incorporating a first cylindrical member and a second cylindrical member that is movable to a position where each of the first and the second cylindrical members is visible through each reagent suction hole formed in a reagent disc lid, and has substantially the same height as that of a lid of the reagent bottle (as taught by Sakairi et al) for the benefit of transporting and dispensing reagents in an automated analysis device.
Regarding Claim 7, The combination of Hirano et al. and Sakairi et al. teaches the device limitations of claim 6.
Hirano et al. further teaches an automatic analyzer (See the Abstract, the automatic analytical device, and Claim(s) 1-6 in [0050]-[0092] in Fig. 1-11E), wherein: the data storage section stores the position adjustment value indicating the Z-direction position corresponding to the stop position, and the position adjustment value indicating the Z-direction position of the base member; the dispensing nozzle is brought into contact with an upper surface of the base member to detect the Z-direction position of the base member; and the control section calculates a correction value of the position adjustment value indicating the Z-direction position corresponding to the stop position based on the position adjustment value indicating the Z-direction position of the base member, which is stored in the data storage section, and the Z- direction position of the base member, which is detected using the dispensing nozzle (See in [0063]-[0085] in Fig. 1-11E).
Yet, Hirano et al. fails to explicitly teach an automatic analyzer, wherein: a base member is disposed on a bottom surface of the reagent disc or a position around the bottom surface, and movable to a position where the base member is visible through the reagent suction hole formed in the reagent disc lid.
However, in the analogous art of automated analysis devices, Sakairi et al. teaches an automatic analyzer (See the Abstract, the automatic analytical device, and Claim(s) 10-16 in [0023]-[0047] in Fig. 1-6), wherein: a base member is disposed on a bottom surface of the reagent disc or a position around the bottom surface, and movable to a position where the base member is visible through the reagent suction hole formed in the reagent disc lid (See how the opening in the cover provides a reagent vessel lid opening and closing mechanism for the reagent dispensing mechanism 10 in a region 4 to access the reagent bottle 3 in [0023]-[0024], [0030]-[0037] in Fig. 1; Also, see the positional relationship between an arcuate trajectory 12 of the reagent dispensing mechanism 10 and the three suction ports 31, 32 and 33 of the reagent bottle 3 positioned in the region 4 in [0031]-[0037] in Fig. 1);
the data storage section stores the position adjustment value indicating the Z-direction position corresponding to the stop position, and the position adjustment value indicating the Z-direction position of the base member; the dispensing nozzle is brought into contact with an upper surface of the base member to detect the Z-direction position of the base member (See in [0031]-[0039] in Fig. 1-3); and the control section calculates a correction value of the position adjustment value indicating the Z-direction position corresponding to the stop position based on the position adjustment value indicating the Z-direction position of the base member, which is stored in the data storage section, and the Z- direction position of the base member, which is detected using the dispensing nozzle (See how the control computer 123 controls each mechanism based on analysis request information of the automatic analysis apparatus 1 to achieve each step for analysis in [0021] in Fig. 1).
Thus, it would be obvious to one with ordinary skills in the arts to modify the device of Hirano et al. by incorporating a base member is disposed on a bottom surface of the reagent disc or a position around the bottom surface, and movable to a position where the base member is visible through the reagent suction hole formed in the reagent disc lid (as taught by Sakairi et al) for the benefit of transporting and dispensing reagents in an automated analysis device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following prior art teaches similar devices and methods: Nishida et al. (US20090226344A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRITNEY N WASHINGTON whose telephone number is (703)756-5959. The examiner can normally be reached Monday-Friday 7:00am - 3:30pm CT.
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/BRITNEY N. WASHINGTON/Examiner, Art Unit 1797
/JENNIFER WECKER/Primary Examiner, Art Unit 1797