DETAILED ACTION
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 . 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 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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claim 5, terms “switches a flow path” should be corrected to read as “switches a flow path” or “switches flow paths”.
Appropriate action is required.
Claim Rejections - 35 USC § 103
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.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Torai, US 20220221378 A1 in view of NAKAZONO, JPH04117277A.
Claim 1
Torai1 in e.g., figs. 1-4 teaches:
A sampling apparatus 10 that samples a liquid in a container,
the sampling apparatus 1 comprising:
a circulation mechanism that circulates the liquid in the container via a circulation flow path 41 by leading out the liquid from the container 11 into the circulation flow path 41 and introducing the liquid from the circulation flow path 41 into the container 11;
a stirrer 111 provided in the container 11, the stirrer 111 stirring the liquid in the container 11;
a flow path switching unit 23 that is provided in middle of the circulation flow path 41 and switches a flow path such that the liquid circulated in the circulation flow path flows out to a branch flow path 42 to be sampled (in 14); and
a controller 60 that controls operations (e.g., ¶0014) of the flow path switching unit 23, wherein
the controller 60
controls the flow path switching unit to switch the flow path such that the liquid circulated in the circulation flow path flows out to the branch flow path to be sampled.
Torai does not teach:
a controller that controls operations of the stirrer and wherein the controller controls the stirrer to operate at a basic speed to stir the liquid in the container during a period of circulation of the liquid in the container through the circulation flow path, lowers in operation speed of the stirrer from the basic speed in response to arrival of timing of sampling of the liquid circulated in the circulation flow path, and controls the flow path switching unit to switch the flow path such that the liquid circulated in the circulation flow path flows out to the branch flow path to be sampled after lapse of a given time period since lowering in operation speed of the stirrer from the basic speed.
In the similar field of endeavor, NAKAZONO2 teaches:
a controller 9 that controls operations of the stirrer ( controller 9 stop and start sampling from container 4 with stirring device therefore controller 9 indirectly controls stirring from between 0 and predetermined speed) and wherein the controller 9 controls the stirrer to operate at a basic speed to stir (non-labeled stirrer is in a basic speed when the system is operating before stopping ) the liquid in the container 4 during a period of circulation of the liquid in the container 4 through the circulation flow path 3, lowers in operation speed of the stirrer from the basic speed (when it stops, then the speed is lowered to zero) in response to arrival of timing of sampling of the liquid (time of sampling the controller turn off the pump and sampling is started) circulated in the circulation flow path 3, and controls the flow path such that the liquid circulated in the circulation flow path 3 flows out to the branch flow path 21 to be sampled after lapse of a given time period since lowering in operation speed of the stirrer from the basic speed (when timing is for sampling)3.
Therefore: It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use NAKAZONO‘s controller for Torai‘s sampling apparatus wherein the modified Toraj’s controller controls the stirrer to operate at a basic speed to stir the liquid in the modified Toraj’s container during a period of circulation of the liquid in the modified Toraj’s container through the circulation flow path, lowers in operation speed of the stirrer from the modified Toraj’s basic speed in response to arrival of timing of sampling of the liquid circulated in the circulation flow path, and controls the flow path switching unit to switch the flow path such that the liquid circulated in the circulation flow path flows out to the branch flow path to be sampled after lapse of a given time period since lowering in operation speed of the stirrer from the modified Toraj’s basic speed. One of ordinary skill in the art would have been motivated to make this modification in order to stop gas emission (e.g., see underlined parts of English translation of NAKAZONO).
Claim 2
Torai in view of NAKAZONO teaches the sampling apparatus according to claim 1, NAKAZONO teaches wherein lowering the operation speed of the stirrer from the basic speed includes stopping the stirrer (as cited above it has speeding and zero or stopping system), for the same reason and motivation cited above.
Claim 3
Torai in view of NAKAZONO teaches the sampling apparatus according to claim 1, the combination does not specifically teach wherein a length of the given time period is from two minutes to ten minutes. Nonetheless, the skilled artisan would know too that lowering speed and stopping the system would stop gas emission (as cited above; see underlined portion on English translation). The specific claimed length of the given time period is from two minutes to ten minutes, absent any criticality, is only considered to be the “optimum” time length disclosed by NAKAZONO that a person having ordinary skill in the art would have been able to determine using routine experimentation (see In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955)) based, among other things, on the desired lowering gas permission, manufacturing costs, etc. (see In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980)), and neither non-obvious nor unexpected results, i.e. results which are different in kind and not in degree from the results of the prior art, will be obtained as long as the claimed time length is used, as already suggested by NAKAZONO.Since the applicant has not established the criticality (see next paragraph) of the this time length stated and since these are in common use in similar devices in the art, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to use these values in the device of NAKAZONOA .Please note that the specification contains no disclosure of either the critical nature of the claimed two to 10 minutes or any unexpected results arising therefrom. Where patentability is said to be based upon particular chosen dimensions or upon another variable recited in a claim, the applicant must show that the chosen dimensions are critical. In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Claim 4
Torai in view of NAKAZONO teaches the sampling apparatus according to claim 1, the combination does not specifically teach wherein a length of the given time period is from three minutes to seven minutes. Nonetheless, wherein as cited above, Where patentability is said to be based upon particular chosen dimensions or upon another variable recited in a claim, the applicant must show that the chosen dimensions are critical. In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). i.,e., Applicant should show using these time lengths are unexpected.
Claim 5
Torai in e.g., figs. 1-4 teaches:
A non-transitory tangible medium 60,70 storing a program 70 to be executed by a computer that controls a sampling apparatus 1 that samples a liquid in a container 11, the sampling apparatus 1 including a circulation mechanism 13 that circulates the liquid in the container 11 via a circulation flow path 41 by leading out the liquid from the container 11 into the circulation flow path 41 and introducing the liquid from the circulation flow path 41 into the container 11, a stirrer 111 provided in the container 11, the stirrer 111 stirring the liquid in the container 11, and a flow path switching unit 23 that is provided in middle of the circulation flow path 41 and switches a flow path such that the liquid circulated in the circulation flow path 41 flows out to a branch flow path to be sampled 42, the program 70, when executed by the computer, causing the computer to perform:
controlling the flow path switching unit to switch the flow path such that the liquid circulated in the circulation flow path flows out to the branch flow path to be sampled (e.g., ¶0013,0064).
Torai does not teach:
controlling the stirrer to operate at a basic speed to stir the liquid in the container during a period of circulation of the liquid in the container through the circulation flow path; lowering in operation speed of the stirrer from the basic speed in response to arrival of timing of sampling of the liquid circulated in the circulation flow path, and controlling the flow path switching unit to switch the flow path such that the liquid circulated in the circulation flow path flows out to the branch flow path to be sampled (e.g., ¶0013,0064) after lapse of a given time period since lowering in operation speed of the stirrer from the basic speed.
In the similar field of endeavor, NAKAZONO4 teaches:
a controller 9 that controls operations of the stirrer ( controller 9 stop and start sampling from container 4 with stirring device therefore controller 9 indirectly controls stirring from between 0 and predetermined speed) and wherein the controller 9 controls the stirrer to operate at a basic speed to stir (non-labeled stirrer is in a basic speed when the system is operating before stopping ) the liquid in the container 4 during a period of circulation of the liquid in the container 4 through the circulation flow path 3, lowers in operation speed of the stirrer from the basic speed (when it stops, then the speed is lowered to zero) in response to arrival of timing of sampling of the liquid (time of sampling the controller turn off the pump and sampling is started) circulated in the circulation flow path 3, and controls the flow path such that the liquid circulated in the circulation flow path 3 flows out to the branch flow path 21 to be sampled after lapse of a given time period since lowering in operation speed of the stirrer from the basic speed (when timing is for sampling)5.
Therefore: It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use NAKAZONO‘s controller for Torai‘s sampling apparatus controlling the stirrer to operate at a basic speed to stir the liquid in the container during a period of circulation of the liquid in the container through the circulation flow path; lowering in operation speed of the stirrer from the modified Toraj’s basic speed in response to arrival of timing of sampling of the liquid circulated in the circulation flow path, and controlling the flow path switching unit to switch the flow path such that the liquid circulated in the circulation flow path flows out to the branch flow path to be sampled after lapse of a given time period since lowering in operation speed of the stirrer from the modified Toraj’s basic speed. One of ordinary skill in the art would have been motivated to make this modification in order to stop gas emission (e.g., see underlined parts of English translation of NAKAZONO).
Claim 6
Torai in view of NAKAZONO teaches the non-transitory tangible medium according to claim 5, NAKAZONO teaches wherein lowering the operation speed of the stirrer from the basic speed includes stopping the stirrer (as cited above it has speeding and zero or stopping system), for the same reason and motivation cited above.
Claim 7
Torai in view of NAKAZONO teaches the non-transitory tangible medium according to claim 5, , the combination does not specifically teach wherein a length of the given time period is from two minutes to ten minutes. Nonetheless, the skilled artisan would know too that lowering speed and stopping the system would stop gas emission (as cited above; see underlined portion on English translation). The specific claimed length of the given time period is from two minutes to ten minutes, absent any criticality, is only considered to be the “optimum” time length disclosed by NAKAZONO that a person having ordinary skill in the art would have been able to determine using routine experimentation (see In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955)) based, among other things, on the desired lowering gas permission, manufacturing costs, etc. (see In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980)), and neither non-obvious nor unexpected results, i.e. results which are different in kind and not in degree from the results of the prior art, will be obtained as long as the claimed time length is used, as already suggested by NAKAZONO.Since the applicant has not established the criticality (see next paragraph) of the this time length stated and since these are in common use in similar devices in the art, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to use these values in the device of NAKAZONOA .Please note that the specification contains no disclosure of either the critical nature of the claimed two to 10 minutes or any unexpected results arising therefrom. Where patentability is said to be based upon particular chosen dimensions or upon another variable recited in a claim, the applicant must show that the chosen dimensions are critical. In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Claim 8
Torai in view of NAKAZONO teaches the non-transitory tangible medium according to claim 5, the combination does not specifically teach wherein a length of the given time period is from three minutes to seven minutes. Nonetheless, wherein as cited above, Where patentability is said to be based upon particular chosen dimensions or upon another variable recited in a claim, the applicant must show that the chosen dimensions are critical. In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). i.,e., Applicant should show using these time lengths are unexpected.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Minshall, US 5672481 A
Minshall teaches plurality of valves are responsive to a data processor for controlling the path of fluid flow through the particle separator. A plurality of sensors are provided for providing sensor signals indicative of fluid flowing through the cell separator. A peristaltic pump is responsive to the microprocessor assembly for controlling the speed and direction of fluid flow through the system. A stir plate assembly is responsive to a signal from the data processor for controllably agitating the contents of the cell separator (e.g., last paragraph of Abstract).
Valves 1010 are provided for controlling flow from the sample 1004 to the column 1002. Valves 1012 are provided for controlling flow from the column 1002 to the target collection vessel 1006 and waste receptacle 1008. The valves 1010 and 1012 are controlled using a controller 1014 (col.4 l.15-20).
The cell separator includes an agitation assembly for agitating the contents of the cell separation device to assist in the release of target cells retained in the device. The agitation assembly is responsive to a drive signal for varying the amount of agitation of the contents of the separation device to vary the rate at which the target cells are released. The cell separator also includes a sensor for providing a signal indicative of the optical density of fluid flowing out of the separation device and into the fluid collection vessel. Further, the cell separator includes a valve that is responsive to a valve control signal for selectively enabling the fluid coming out of the separation device to flow into the fluid collection vessel. A processor is provided for controlling the operation of the cell separator. The processor is responsible for providing the drive signal and the valve control signal to prevent inadequate concentrations of the target cells from being collected (col.5 lines 62 to col.6 l.1-11).
XU, CN 107340151 A
XU teaches controlling the stirring speed of the stirring unit (10) and based on the concentration sensor (7) detects the concentration signal control the inlet quantity of the inlet valve (14).
Takahashi, US 20220184602 A1
Takahashi teaches controller 64 and stirring unit 13 and in e.g., ¶0089 teaches the stirring is preferably performed to maintain the dispersity in the analyte storage section, which may be achieved by adjusting the rotational speed the stirring member.
LUO, CN 104492358 A
LUO teaches: The control system …., and switch of each reactor, …., sample interval, for a sampling time; stirring switch and a stirring speed control part for controlling the progress of the reaction; the times for setting the sampling interval, control sample, by setting a sampling duration, a control amount of sampling solution (¶0019). Preferably, the control system,…. sampling interval, sampling duration, magnetic stirring switch and stirring speed control switch, for controlling the reaction; (¶0027). Control system D is at the bottom of the whole experimental device, as shown in FIG. 14 operation interface by the emergency stop control system, a master switch, … and switch of each reactor…., sampling time, sampling interval, continuously stirring switch and a stirring speed and other control components for controlling the reaction; ….by setting a sampling interval, can control the sampling time by setting the sampling duration, can control the amount of solution samples. (¶0055).
ZHAO, CN 106441993 A
ZHAO teaches controller to adjust stirrer6.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Fatemeh E. Nia whose telephone number is (469)295-9187. The examiner can normally be reached 9:00 am to 4:00 pm.
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/FATEMEH ESFANDIARI NIA/Examiner, Art Unit 2855
1 Prior art of record
2 Prior art of record: see underlined portions on the English translation by the office
3 See underlined portions of NAKAZONO : “Sampling The switch of control device 9 is closed in this state. Then, churning and the gas emission in cultivation container 4 stop first. Next, since the drive of feeding pump 5 begins, suction nozzle 41 follows Test tube and the sample in cultivation container 4 is supplied. By the timer of control device 9, it stops after a definite period of time, and a sampling ends the drive of feeding pump 5. Interception After a sampling is completed, control device 9 operates again and carries out Kaisei of the cutoff valve 32 of four containers of tube 3.”
4 Prior art of record: see underlined portions on the English translation by the office
5 See underlined portions of NAKAZONO : “Sampling The switch of control device 9 is closed in this state. Then, churning and the gas emission in cultivation container 4 stop first. Next, since the drive of feeding pump 5 begins, suction nozzle 41 follows Test tube and the sample in cultivation container 4 is supplied. By the timer of control device 9, it stops after a definite period of time, and a sampling ends the drive of feeding pump 5. Interception After a sampling is completed, control device 9 operates again and carries out Kaisei of the cutoff valve 32 of four containers of tube 3.”
6 See for example” the rotating speed can be controlled, uniformly and fully stirring; greatly improve the field reasonable accuracy of pH and dissolved oxygen index detection, water can react directly with portable display window when collecting water depth and flow rate. The liquid level height by adjusting stirring shaft”
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