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. JP2021-033797, filed on 0303/2021.
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) 1-7 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 Akutsu et al. (US20220147038A1).
Regarding Claim 1, Akutsu et al. teaches and automatic analysis system (See the Abstract, the automatic analysis apparatus 100, and Claim(s) 1-14 in [0004]-[0023], [0033]-[0073] in Fig. 1-8) comprising: a plurality of automatic analyzers (See the plurality of analysis modules 107 and 207, and Claim 1 in [0001], [0034], [0046] in Fig. 1);
a conveyance line connected to the plurality of automatic analyzers (See the transport line 104 in [0037]-[0044] in Fig. 1); and
a computer configured to control the conveyance line to distribute a sample to the plurality of automatic analyzers (See the control device 300 and the control unit 114 in [0034], [0057]-[ 0073] in Fig. 1),
wherein each of the plurality of automatic analyzers includes a first component that is constantly used during operation (See the use of a light source of a light source lamp, i.e. a first component, in [0013]-[0014], [0128]-[0159]) and a second component that is intermittently used (See how the reagent disks 118,119 and 219, 219 have reaction containers or cells, i.e. a second component, in [0013]-[0014], [0050]-[0052], [0070]-[0072], [0137], [0146], [0150], [0157]), and
the computer (See in Fig. 1) is configured to:
compare a usage time of the first component of each automatic analyzer with a set time (See the date and time information 310 in [0091]-[0094], [0111]-[0118], [0128]-[0131], [0140]-[0175] in Fig. 1-8; Also, see how the storage unit 115 records various parameters and set values for controlling the operation of each device in the automatic analysis apparatus 100, various computer programs for performing various display processes in [0061]; One with ordinary skills in the arts would know that the "usage time" and/or installment dates for each component would need to be recorded for maintenance scheduling as disclosed in Akutsu et al.),
select, when the usage time of the first component of any one of the plurality of automatic analyzers exceeds the set time, the automatic analyzer in which the usage time of the first component exceeds the set time as a prioritized device (See how the analysis instruction is stored in the storage unit 115 and transmitted to a target analysis module among the sampler module 200 and the analysis modules 107 and 207 via the control device 300. The target module performs an analysis operation as follows according to the received analysis instruction in [0064]-[0075], [0091]-[0096], [0111]-[0118], [0128]-[0131], [0140]-[0175] in Fig. 1-8), and
control the conveyance line such that a sample used for analysis in the second component is conveyed to the prioritized device in preference to another automatic analyzer (See how the control unit 114 performs control for displaying a screen, on which various information such as information on the sample, information on an analysis item, and information on an analysis result are displayed, on a display screen of the display unit 116. Furthermore, the control unit performs control for displaying various screens related to the operation of the automatic analysis apparatus 100, such as an operation screen for starting analysis, an analysis progress status, a screen for instructing to perform maintenance, information on maintenance progress status, a maintenance guide screen, and the like in [0045],[0062]-[0063]; Also, see the emergency sample rack standby area 113 in [0036]-[0057]).
Note what is discussed in MPEP § 2114 I-II. "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). The instant application recites the limitation of a “computer configured to compare… select… and control", but fails to cover the structural component(s) that may be controlled by the said computer or program, to execute the use or connection between the plurality of analyzers and the computation of "usage time" (e.g. a timer, sensor circuit, liquid detector, storage memory or network, module, etc.). Thus, one with ordinary skills in the arts would anticipate inputting analysis steps into a computer based on the collection of the usage time or maintenance information of each analyzer in view of the prior art.
Regarding Claim 2, Akutsu et al. teaches the system limitations of claim 1.
Akutsu et al. further teaches and automatic analysis system (See the Abstract, the automatic analysis apparatus 100, and Claim(s) 1-14 in [0004]-[0023], [0033]-[0073] in Fig. 1-8), wherein the computer is configured to, when there are a plurality of automatic analyzers in each of which the usage time of the first component exceeds the set time, compare the number of uses of the second component among the plurality of automatic analyzers, and select the automatic analyzer in which the number of uses of the second component is largest as the prioritized device (See how the control unit 114 can independently control and collect time data from each analyzer in [0036]-[0057], [0138]-[0175] in Fig. 1-8).
Regarding Claim(s) 3-4, Akutsu et al. teaches the system limitations of claim 1.
Akutsu et al. further teaches and automatic analysis system (See the Abstract, the automatic analysis apparatus 100, and Claim(s) 1-14 in [0004]-[0023], [0033]-[0073] in Fig. 1-8), wherein the second component is a reaction cell configured to allow the sample to be dispensed therein (See how the reagent disks 118,119 and 219, 219 have reaction containers or cells, i.e. a second component, in [0013]-[0014], [0050]-[0052], [0070]-[0072], [0137], [0146], [0150], [0157]; Also, see how the analysis modules 107 and 207 are units that perform qualitative and quantitative analysis by sampling (dispensing) the samples housed in the sample container loaded on the sample rack 101, and include dispensing lines 109 and 209, sample identification devices 110 and 210, reaction disks 118 and 218, sample dispensing mechanisms 108 and 208, reagent disks 119 and 219, and reagent dispensing mechanisms 120 and 220, measuring units (not shown) and the like in [0036]-[0057] in Fig. 1), and
the first component is a light source lamp configured to emit inspection light for irradiation of the reaction cell (See the use of a light source of a light source lamp, i.e. a first component, in [0013]-[0014], [0128]-[0159]);
wherein the first component and the second component are common to the plurality of automatic analyzers (See in Fig. 1 how the plurality of analysis modules 107 and 207 have the same components in [0001], [0034], [0046]).
Regarding Claim(s) 5-6, Akutsu et al. teaches the system limitations of claim 1.
Akutsu et al. further teaches and automatic analysis system (See the Abstract, the automatic analysis apparatus 100, and Claim(s) 1-14 in [0004]-[0023], [0033]-[0073] in Fig. 1-8), further comprising: a switch configured to switch between activation and inactivation of a function of selecting the prioritized device based on the usage time of the first component (See how the display unit 116 and the guide screen 201 can active or inactivate functions or select priority devices [0017], [0063], [0095]-[0175] in Fig. 1-8; Note a screen with a “Start” or “Stop” icon would function the same as a switch in the arts);
further comprising: a memory configured to store a maintenance history of the plurality of automatic analyzers (See how the control device 300 is a device that controls the overall operation of the automatic analysis apparatus 100 including the devices of the analysis modules 107 and 207 and the sampler module 200, and is a computer provided with a CPU, a memory, and the like in [0057] in Fig. 1; Also, see the storage unit 115 in [0061], [0066]),
wherein the computer (See how the control device 300 is configured with a display unit 116, an input unit 117, a storage unit 115, a control unit 114, and the like in [0058] in Fig. 1-8) is configured to: calculate the number of available uses of the second component, which is being used currently, based on the maintenance history read from the memory, and display the number of uses of the second component which is being used currently with respect to the number of available uses (See how the display unit 116 is a display device such as a liquid crystal display that displays an input screen for various parameters and settings, and information such as analytical inspection data for initial inspection or re-inspection, measurement results, and displays information related to maintenance of the analysis modules 107 and 207 and the sampler module 200 in [0059] in Fig. 1-8).
Regarding Claim 7, Akutsu et al. teaches sample distribution method for a plurality of automatic analyzers in an automatic analysis system (See the Abstract, the automatic analysis apparatus 100, and Claim(s) 1-14 in [0004]-[0023], [0033]-[0073] in Fig. 1-8), the automatic analysis system including the plurality of automatic analyzers (See the plurality of analysis modules 107 and 207, and Claim 1 in [0001], [0034], [0046] in Fig. 1), and
each of the plurality of automatic analyzers including a first component that is constantly used during operation (See the use of a light source of a light source lamp, i.e. a first component, in [0013]-[0014], [0128]-[0159]) and
a second component that is intermittently used (See how the reagent disks 118,119 and 219, 219 have reaction containers or cells, i.e. a second component, in [0013]-[0014], [0050]-[0052], [0070]-[0072], [0137], [0146], [0150], [0157]),
the method (See claim 14 in Fig. 1-8) comprising:
comparing a usage time of the first component of each automatic analyzer with a set time (See the date and time information 310 in [0091]-[0094], [0111]-[0118], [0128]-[0131], [0140]-[0175] in Fig. 1-8; Also, see how the storage unit 115 records various parameters and set values for controlling the operation of each device in the automatic analysis apparatus 100, various computer programs for performing various display processes in [0061]; One with ordinary skills in the arts would know that the "usage time" and/or installment dates for each component would need to be recorded for maintenance scheduling as disclosed in Akutsu et al.);
selecting, when the usage time of the first component of any one of the plurality of automatic analyzers exceeds the set time, the automatic analyzer in which the usage time of the first component exceeds the set time as a prioritized device (See how the analysis instruction is stored in the storage unit 115 and transmitted to a target analysis module among the sampler module 200 and the analysis modules 107 and 207 via the control device 300. The target module performs an analysis operation as follows according to the received analysis instruction in [0064]-[0075], [0091]-[0096], [0111]-[0118], [0128]-[0131], [0140]-[0175] in Fig. 1-8; Also, see how the control unit 114 can independently control and collect time data from each analyzer, and the emergency sample rack standby area 113 in [0036]-[0057], [0138]-[0175] in Fig. 1-8)); and
distributing a sample to be used for analysis in the second component to the prioritized device in preference to another automatic analyzer (See how the control unit 114 performs control for displaying a screen, on which various information such as information on the sample, information on an analysis item, and information on an analysis result are displayed, on a display screen of the display unit 116. Furthermore, the control unit performs control for displaying various screens related to the operation of the automatic analysis apparatus 100, such as an operation screen for starting analysis, an analysis progress status, a screen for instructing to perform maintenance, information on maintenance progress status, a maintenance guide screen, and the like in [0045],[0062]-[0063]).
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: Yagi et al. (US20220034923A1) and Matsuoka et al. (US20190212262A1).
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