CTNF 18/287,045 CTNF 83827 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 12-151 AIA 26-51 12-51 Status of Claims The claim set submitted on 16 OCTOBER 2023 is acknowledged and considered. In the claim set, Claims 1-14 are presented and the claim are considered on the merits below. Priority 02-26 AIA Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement 06-52 The information disclosure statement (IDS) submitted on 16 OCTOBER 2023 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 06-52 The information disclosure statement (IDS) submitted on 21 APRIL 2025 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Specification 07-29 AIA The disclosure is objected to because of the following informalities: On page 11, [38], line 4-6 is offset with ‘-‘; it is unclear if this is meant to be offset by hyphens or if there are missing words. On page 31, [118], it is unclear why the size of the beads offset by parenthesis as this phrase is part of the sentence. On page 44, [156], there is the instance of ‘/Here’. It is unclear why the forward leaning slash is present . Appropriate correction is required. Drawings 06-22 AIA The drawings are objected to because in Figure 3, the word ‘container’ is misspelled. In the drawing it is labeled as ‘continer’; in Figure 3, the word ‘accommodation’ is misspelled in steps 1210/1230. In the drawing it is labeled as ‘accomodation’; and in Figure 10, in step S2300, ‘ABOUT’ is misspelled. In the drawing it is labeled as ‘ABOU’ . Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. 06-22-06 AIA The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: In [88], character 100; in [216, 0238], character S2400 . Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. 07-30-03-h AIA Claim Interpretation 07-30-03 AIA The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. 07-30-05 The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: A “specimen collector configured to hold a specimen” in Claim 5. A collector does not connote any particular structure. The specification describes the collector as a hold to hod a liquid specimen through a capillary phenomenon. A “first guide configured to guide” in Claim 8. A “second guide configured to guide” in Claim 9. A guide does not connote any particular structure. The specification describes the guide to be a surface along the accommodation space or first and second detailed guide in Claim 10. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (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. 07-15 AIA Claim s 1-14 are rejected under 35 U.S.C. 102( a)(1) and 102(a)(2 ) as being anticipated by KAUFFMANN, WO 2020/180552 A1, submitted on the Information Disclosure Statement on 21 APRIL 2025, Foreign Patent Documents Cite No. 1 . Applicant’s invention is directed towards a device, a cassette. Regarding Claim 1 , the reference KAUFFMANN discloses a cassette for blood analysis, Figure 1, 3A-C, [0003, 0025, 0031], comprising: a cartridge, Figure 1, cassette 40, [0032], comprising: a first container configured to receive a first solution, Figure 1-3C, capillary 80, [0032], and a second container configured to receive a second solution, Figure 1-3C, container 70, [0032]; and a main body, Figure 1, cassette 40 has defining walls, [0032], comprising: a first accommodation space, Figure 1, space defined plate 50 and plate 52, plate 46 and wall 54, configured such that at least a part of the first solution received in the first container is moved and received in the first accommodation space, Figure 1-3C, solution in capillary 80 is within space, as at least a part of the cartridge is inserted into the main body, Figure 1-3C; a second accommodation space formed to be adjoined to the first accommodation space in an X-axis direction so as to be fluidly connected to the first accommodation space, and configured such that at least a part of the second solution received in the second container is moved and received in the second accommodation space, as at least the part of the cartridge is inserted into the main body, Figure 1-3C, second accommodation space is area defined by container 70; a measurement space spaced apart from the first accommodation space so as to be fluidly connected to the first accommodation space, and formed to be adjoined to the second accommodation space, Figure 1, space defined by plate 50, plate 52, plate 48, plate 59 and wall 61; and a movement space spaced apart from the second accommodation space, formed to be adjoined to the second accommodation space in a z-axis direction, and configured to fluidly connect the first accommodation space and the measurement space such that the first solution or a mixed solution of the first solution and the second solution received in the first accommodation space is moved to the measurement space by gravity when the main body is rotated in a second direction about a z-axis, Figure 1-3C, bottom space in cassette 40 along wall 44. The language directed at “when the main body is rotated in a second direction about a z-axis” and the language preceding it in the claim is directed at language towards the intended use of the cassette and directed towards a manner of operating the device. It is brought to Applicant’s attention that the while the features of an apparatus may be recited either structurally or functionally. In re Schreiber, 128 F.3d 1473, 1478, 44 USPQ2d 1429, 1432 (Fed. Cir. 1997). As rejected above the claims which Claim 3 depends from are anticipated and the functional limitation is an inherent characteristics of the prior art. In addition, an “[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) . The language directed “when the main body is rotated in a first direction about the z-axis, the second solution received in the second accommodation space is moved to the first accommodation space from the second accommodation space by gravity” and “when the main body is rotated in the second direction opposite to the first direction about the z-axis, the first solution or the mixed solution of the first solution and the second solution received in the first accommodation space is moved to the measurement space from the first accommodation space by gravity” is directed towards language of a manner of operating the device. 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 KAUFFMANN anticipates the cassette and all the structural limitation of the claim. Regarding Claim 2 , the reference KAUFFMANN discloses cassette according to claim 1, wherein: the main body further comprises a first plate and a second plate disposed in the x-axis direction and located at different positions on the z-axis, Figure 1, plate 50 and 52, a third plate and a fourth plate disposed in the z-axis direction and located at different positions on an x-axis, Figure 1, plate 46 and plate 48, a fifth plate disposed between at least a part of the second plate and the first plate in the x-axis direction, Figure 1, plate 59, a blocking wall disposed in the z-axis direction between the third plate and the fourth plate and disposed between the first plate and the fifth plate with respect to the z-axis, Figure 1, plate 61, and separation walls disposed between the first plate and the fifth plate with respect to the z-axis, between the third plate and the blocking wall, Figure 1, plate 54, angled and vertical wall; and the first accommodation space is defined by the first plate, the second plate, the third plate and the separation walls, Figure 1, space is defined by plate 50, 52, 46 and 54, and the second accommodation space is defined by the first plate, the fifth plate, the blocking wall and the separation walls, Figure 1, space is defined by where the container 70 is introduced, the measurement space is defined by the first plate, the second plate, the fourth plate, the fifth plate and the blocking wall, Figure 1, space is defined by plate 50, 52, 48, 49 and wall 61, and the movement space is defined by the second plate and the fifth plate, Figure 1-3C, space is defined as bottom of cassette 40 along wall 44. Regarding Claim 3 , the reference KAUFFMANN discloses cassette according to claim 1, wherein : the first accommodation space and the second accommodation space are fluidly connected to each other, Figure 1-3C, so that, when the main body is rotated in a first direction about the z-axis, the second solution received in the second accommodation space is moved to the first accommodation space from the second accommodation space by gravity; and the first accommodation space and the measurement space are fluidly connected to each other via the movement space, Figure 1-3C, so that, when the main body is rotated in the second direction opposite to the first direction about the z-axis, the first solution or the mixed solution of the first solution and the second solution received in the first accommodation space is moved to the measurement space from the first accommodation space by gravity. The language directed at “when the main body is rotated in a first direction about the z-axis, the second solution received in the second accommodation space is moved to the first accommodation space from the second accommodation space by gravity” and “when the main body is rotated in the second direction opposite to the first direction about the z-axis, the first solution or the mixed solution of the first solution and the second solution received in the first accommodation space is moved to the measurement space from the first accommodation space by gravity” is directed at language towards the intended use of the cassette and directed towards a manner of operating the device. It is brought to Applicant’s attention that the while the features of an apparatus may be recited either structurally or functionally. In re Schreiber, 128 F.3d 1473, 1478, 44 USPQ2d 1429, 1432 (Fed. Cir. 1997). As rejected above the claims which Claim 3 depends from are anticipated and the functional limitation is an inherent characteristics of the prior art. In addition, an “[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) . The language directed “when the main body is rotated in a first direction about the z-axis, the second solution received in the second accommodation space is moved to the first accommodation space from the second accommodation space by gravity” and “when the main body is rotated in the second direction opposite to the first direction about the z-axis, the first solution or the mixed solution of the first solution and the second solution received in the first accommodation space is moved to the measurement space from the first accommodation space by gravity” is directed towards language of a manner of operating the device. 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 KAUFFMANN anticipates the cassette and all the structural limitation of the claim. Regarding Claim 4 , the reference KAUFFMANN discloses cassette according to claim 2, wherein : the separation walls comprise a first separation wall and a second separation wall, wherein the first separation wall is connected to the first plate and is disposed in the z-axis direction between the third plate and the blocking wall, and the second separation wall is connected to the first separation wall and the fifth plate, Figure 1, plate 54, angled and vertical wall. Regarding Claim 5 , the reference KAUFFMANN discloses cassette according to claim 2, wherein : the cartridge further comprises a specimen collector configured to hold a specimen, [0036], capillary 80 holds specimen/sample. The language directed at “when at least the part of the cartridge is inserted into the main body, the specimen and the first solution are mixed in the first accommodation space. is directed at language towards the intended use of the cassette and directed towards a manner of operating the device. It is brought to Applicant’s attention that the while the features of an apparatus may be recited either structurally or functionally. In re Schreiber, 128 F.3d 1473, 1478, 44 USPQ2d 1429, 1432 (Fed. Cir. 1997). As rejected above the claims which Claim 5 depends from are anticipated and the functional limitation is an inherent characteristics of the prior art. In addition, an “[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) . The language directed towards “ when the main body is rotated in the second direction about the z-axis… and when the main body is rotated in a first direction about the z-axis…” is directed towards language of a manner of operating the device. 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 KAUFFMANN anticipates the cassette and all the structural limitation of the claim. Regarding Claim 6 , the reference KAUFFMANN discloses cassette according to claim 2, See Rejections above, and the language directed at “wherein : the when the main body is rotated in the second direction about the z-axis, the first solution mixed with the specimen received in the first accommodation space is moved to the measurement space from the first accommodation space via the movement space by gravity; and when the main body is rotated in a first direction about the z-axis, at least a part of the first solution mixed with the specimen received in the measurement space is moved to the first accommodation space from the measurement space by gravity, and the second solution received in the second accommodation space is moved to the first accommodation space by gravity” is directed at language towards the intended use of the cassette and directed towards a manner of operating the device. It is brought to Applicant’s attention that the while the features of an apparatus may be recited either structurally or functionally. In re Schreiber, 128 F.3d 1473, 1478, 44 USPQ2d 1429, 1432 (Fed. Cir. 1997). As rejected above the claims which Claim 6 depends from are anticipated and the functional limitation is an inherent characteristics of the prior art. The intended use of the cassette wherein when the main body is rotated in a first and second direction and solution in the space is mixed via gravity is an inherent characteristic of moving and rotating the device. Furthermore, rotating a device in one direction or another inherently moves liquid inherently by rotational and gravity. The rotation from one direction to another will allow for more through mixing. In addition, an “[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) . The language directed towards “ when the main body is rotated in the second direction about the z-axis… and when the main body is rotated in a first direction about the z-axis…” is directed towards language of a manner of operating the device. 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 KAUFFMANN anticipates the cassette and all the structural limitation of the claim. Regarding Claim 7 , the reference KAUFFMANN discloses cassette according to claim 6, See Rejections above, and the language directed at “wherein, when the main body is rotated in the second direction about the z-axis, at least a part of the first solution mixed with the specimen and the second solution received in the first accommodation space are moved to the measurement space from the first accommodation space via the movement space by gravity.” is directed at language towards the intended use of the cassette and directed towards a manner of operating the device. It is brought to Applicant’s attention that the while the features of an apparatus may be recited either structurally or functionally. In re Schreiber, 128 F.3d 1473, 1478, 44 USPQ2d 1429, 1432 (Fed. Cir. 1997). As rejected above the claims which Claim 7 depends from are anticipated and the functional limitation is an inherent characteristics of the prior art. The intended use of the cassette wherein when the main body is rotated in a second direction and solution in the space is mixed and moved is an inherent characteristic of moving and rotating the device. Furthermore, rotating a device in one direction or another inherently moves liquid inherently by rotational and gravity. The rotation from one direction to another will allow for more through mixing. In addition, an “[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) . The language directed towards “ “wherein, when the main body is rotated in the second direction about the z-axis, at least a part of the first solution mixed with the specimen and the second solution received in the first accommodation space are moved to the measurement space from the first accommodation space via the movement space by gravity.” is directed towards language of a manner of operating the device. 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 KAUFFMANN anticipates the cassette and all the structural limitation of the claim. Regarding Claim 8 , the reference KAUFFMANN discloses cassette according to claim 7, wherein the second accommodation space comprises: a first guide configured to guide the second solution received in the second accommodation space to the first accommodation space from the second accommodation space when the main body is rotated in the first direction about the z-axis, Figure 1-3C, guide is plate 59 or 58, and provided such that at least a part of the first guide is disposed between the separation walls and the blocking wall and has an upwardly inclined shape from one area of a bottom surface of the second accommodation space to the separation walls, Figure 1-3C. Regarding Claim 9 , wherein the cassette according to claim 7, wherein the movement space comprises a second guide configured to guide the first solution or the mixed solution of the first solution and the second solution received in the first accommodation space to the measurement space from the first accommodation space when the main body is rotated in the second direction about the z-axis, and formed on at least a part of a bottom surface of the movement space, Figure 3A-C, space along wall 44. Regarding Claim 10 , wherein the cassette according to claim 9, wherein the second guide comprises: a first detailed guide disposed between the first accommodation space and a second detailed guide; and the second detailed guide disposed between the first detailed guide and the measurement space, wherein the first detailed guide has an upwardly inclined shape from one end thereof connected to the first accommodation space to a remaining end thereof connected to the second detailed guide, and the second detailed guide has a downwardly inclined shape from one end thereof connected to the first detailed guide to a remaining end thereof, Figure 1-3C, the guides are interpreted to be the extension of plates 58 and 59. Regarding Claim 11 , wherein the cassette according to claim 8, wherein a first area of the fifth plate located between the blocking wall and the fourth plate with respect to the x-axis forms at least a part of one side surface of the measurement space, and a hall configured such that the first solution or the mixed solution of the first solution and the second solution may pass therethrough is formed at a lower end of the first area, Figure 2-3C. Regarding Claim 12 , wherein the cassette according to claim 8, wherein a bottom surface of the first accommodation space and the bottom surface of the second accommodation space do not come into contact with each other, and are physically separated from each other, Figure 2-3C, see space between end of space 70 and walls that define first space, 50/46/54/52. Regarding Claim 13 , wherein the cassette according to claim 8, wherein the second plate comprises a first plane, a second plane, a third plane, a fourth plane, and a fifth plane, wherein: the first plane, the third plane, and the fifth plane are disposed in the x-axis direction, and a distance from the first plate to the first plane and the fifth plane in the z-axis direction is less than a distance from the first plate to the third plane in the z-axis direction; and the second plane comes into contact with the first plane and the third plane, and the fourth plane comes into contact with the third plane and the fifth plane, Figure 2-3C. Regarding Claim 14 , the reference KAUFFMANN discloses cassette according to claim 8, wherein the cartridge further comprises a first container cover configured to seal the first container, a second container cover configured to seal the second container, Figure 1-3C, [0084], housing and container 80 and 70 are each enclosed and have a cover, and a holder, Figure 1-3C, cassette 40 itself can be held. The language directed at “when at least the part of the cartridge is inserted into the main body, a position of the holder with respect to the cartridge is changed due to contact with the second plate or the fifth plate; and when the position of the holder is changed, at least a part of the first container cover and at least a part of the second container cover are respectively separated from the first container and the second container by the holder.” is directed at language towards the intended use of the cassette and directed towards a manner of operating the device. It is brought to Applicant’s attention that the while the features of an apparatus may be recited either structurally or functionally. In re Schreiber, 128 F.3d 1473, 1478, 44 USPQ2d 1429, 1432 (Fed. Cir. 1997). As rejected above the claims which Claim 14 depends from are anticipated and the functional limitation is an inherent characteristics of the prior art. The intended use of the cassette “wherein when at least the part of the cartridge is inserted into the main body….”. Furthermore, insertion of the holder with respect to the does not change the structure of the overall device. In addition, an “[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) . The language directed towards ““when at least the part of the cartridge is inserted into the main body, a position of the holder with respect to the cartridge is changed due to contact with the second plate or the fifth plate; and when the position of the holder is changed, at least a part of the first container cover and at least a part of the second container cover are respectively separated from the first container and the second container by the holder.” is directed towards language of a manner of operating the device. 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 KAUFFMANN anticipates the cassette and all the structural limitation of the claim. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE T MUI whose telephone number is (571)270-3243. The examiner can normally be reached M-Th 5:30 -15:30 EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LYLE ALEXANDER can be reached at (571) 272-1254. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. CTM /CHRISTINE T MUI/Primary Examiner, Art Unit 1797 Application/Control Number: 18/287,045 Page 2 Art Unit: 1797 Application/Control Number: 18/287,045 Page 3 Art Unit: 1797 Application/Control Number: 18/287,045 Page 4 Art Unit: 1797 Application/Control Number: 18/287,045 Page 5 Art Unit: 1797 Application/Control Number: 18/287,045 Page 6 Art Unit: 1797 Application/Control Number: 18/287,045 Page 7 Art Unit: 1797 Application/Control Number: 18/287,045 Page 8 Art Unit: 1797 Application/Control Number: 18/287,045 Page 9 Art Unit: 1797 Application/Control Number: 18/287,045 Page 10 Art Unit: 1797 Application/Control Number: 18/287,045 Page 11 Art Unit: 1797 Application/Control Number: 18/287,045 Page 12 Art Unit: 1797 Application/Control Number: 18/287,045 Page 13 Art Unit: 1797 Application/Control Number: 18/287,045 Page 14 Art Unit: 1797 Application/Control Number: 18/287,045 Page 15 Art Unit: 1797 Application/Control Number: 18/287,045 Page 16 Art Unit: 1797 Application/Control Number: 18/287,045 Page 17 Art Unit: 1797 Application/Control Number: 18/287,045 Page 18 Art Unit: 1797 Application/Control Number: 18/287,045 Page 19 Art Unit: 1797