CTNF 18/287,902 CTNF 95447 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 Claims 1-3 remain pending in the application. Information Disclosure Statement Please note that the IDS filed 10/23/2023 has a typo for reference “JP-2012-21805 A”, which should instead be “JP-2012-021805 A” and has been corrected as such on the IDS. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claim 3 is 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. Claim 3 recites “a lifting operation of the reaction container tray lifting mechanism into the exciting force” on lines 4-5, where it is unclear if the lifting operation is further defining the operation of the reaction container tray lifting mechanism described on lines 13-14 of claim 1. For examination, it will be interpreted that claim 3 is further describing that the operation described on lines 13-14 of claim 1 is a lifting operation. Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim (s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Andlauer (US-2018/0340948-A1) . Regarding claim 1, Andlauer teaches an automatic analyzer (device 1), the automatic analyzer (1) comprising ([0040], Figure 1): a plurality of reaction containers (tubes 10) ([0040], Figure 2); a reaction container tray lifting mechanism (agitator 30 and lifting mechanism 32) configured to convey a reaction container tray (rack 8) that holds the reaction containers (10) before use ([0045], Figures 1-7); and a reaction container disposal unit (changer 34 and unloading tray 6) to which the used reaction container (10) is to be disposed of ([0041], [0045], Figure 2), wherein the reaction container disposal unit (34 and 6) includes a coupling portion (34) configured to be in contact with the reaction container tray lifting mechanism (30 and 32) and configured to convert an operation of the reaction container tray lifting mechanism (30 and 32) into an exciting force exerted on the reaction container disposal unit (34 and 6) ([0052] see main function of the changer 34 is the sampling of a tube 10 from a rack 8 received in the agitator 30, thus one skilled in the art would find it obvious that the changer 34 will need to contact the agitator 30/lifting mechanism 32 (both components making up the reaction container tray lifting mechanism) in order to retrieve tubes. [0054] see changer has a pusher 62 that makes it possible to eject a rack 8 of the agitator 30 toward the unloading tray, [0057] see in order to withdraw a rack 8 from the agitator, the changer 34 is moved to the left along the Y axis and the lifting mechanism 32 moves the agitator 30 in a high position at the level of the changer and the motor 36 of the agitator 30 positions the sought rack 8 opposite the changer, and the changer 34 is then moved to the right along the Y axis where the pusher 62 pushes the rack 8 until it reaches the unloading zone 66 of unloading tray 6 and a driver moves the withdrawn rack 8 along the X axis to the tray 6. Therefore, one skilled in the art would find it obvious that based on the overall operation of the device, it includes converting the lifting of the agitator 30 (part of the reaction container tray lifting mechanism) to an exciting force exerted on the changer and unloading tray 6 (reaction container disposal unit), as the order of operation requires lifting the agitator that leads to the rack 8 being moved to the tray 6). The exciting force may be considered the force of the rack 8 hitting the pusher 62 when the changer 34 is moved, or under an alternative interpretation the exciting force may be the force experienced by the tray 6 when the rack 8 is disposed on it. An additional interpretation may be the exciting force being the force of the motor 45 that moves the changer 34. The limitations “an automatic analyzer that measures a reaction liquid obtained by a sample reacting with a reagent”, “each being configured to hold the reaction liquid”, “a reaction container tray lifting mechanism configured to convey a reaction container tray that holds the reaction containers before use”, and “a coupling portion configured to be in contact with the reaction container tray lifting mechanism and configured to convert an operation of the reaction container tray lifting mechanism into an exciting force exerted on the reaction container disposal unit.” are directed to the function of the apparatus and/or the manner of operating the apparatus, all the structural limitations of the claim has been disclosed by Andlauer and the apparatus of Andlauer is capable of measuring a reaction liquid obtained by a sample reacting with a reagent, the tubes are capable of holding a reaction liquid, the agitator and lifting mechanism are capable of conveying a rack that holds tubes before use, and the changer is capable of contacting the agitator and lifting mechanism and is capable of converting an operation of the agitator and lifting mechanism into an exciting force exerted on the changer and unloading tray. As such, it is deemed that the claimed apparatus is not differentiated from the apparatus of Andlauer (see MPEP §2114). Further, please note that the reaction liquid nor sample reacting with a reagent have been positively recited in the claim, and are therefore not a part of the automatic analyzer. Additionally, please see [0064]-[0084] which describe Figure 9 that shows the function of the device 1 which includes [0082] describing step 930 where the device 1 searches for the tube to bring it to one of the two sampling means 51 and 52 and to put it back in its rack once testing has been carried out. Regarding claim 2, Andlauer teaches the automatic analyzer according to claim 1. Andlauer further teaches wherein the coupling portion (34) includes a protruding portion that protrudes above an operation path of the reaction container tray lifting mechanism (30 and 32) (Figure 2 where one skilled in the art would find it obvious that in order to interact with the agitator 30 to remove a rack as described previously, the changer 34 will need to have a protruding portion that protrudes above an operation path of the agitator 30 and lifting mechanism 32 because if not the changer 34 would not touch the rack 8. Clamp 54 and pusher 62 are protruding portions over the operation path as they both interact with the tubes held by the rack in the agitator). Regarding claim 3, Andlauer teaches the automatic analyzer according to claim 1. Andlauer further teaches wherein the reaction container tray lifting mechanism (30 and 32) is provided adjacent to the reaction container disposal unit (34 and 6), and the coupling portion (34) is configured to convert a lifting operation of the reaction container tray lifting mechanism (30 and 32) into the exciting force exerted on the reaction container disposal unit (34 and 6) (Figure 2, and please see explanation supra with regards to the operation of the reaction container tray lifting mechanism). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SOPHIA LYLE whose telephone number is (571)272-9856. The examiner can normally be reached 8:30-5:00 M-Th. 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, Curtis Mayes can be reached at (571)272-1234. 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. /S.Y.L./Examiner, Art Unit 1796 /MELVIN C. MAYES/Supervisory Patent Examiner, Art Unit 1759 Application/Control Number: 18/287,902 Page 2 Art Unit: 1796 Application/Control Number: 18/287,902 Page 3 Art Unit: 1796 Application/Control Number: 18/287,902 Page 4 Art Unit: 1796 Application/Control Number: 18/287,902 Page 5 Art Unit: 1796 Application/Control Number: 18/287,902 Page 6 Art Unit: 1796 Application/Control Number: 18/287,902 Page 7 Art Unit: 1796 Application/Control Number: 18/287,902 Page 8 Art Unit: 1796
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