CTNF 18/299,750 CTNF 93993 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. 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 Claims 2-5 are 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. Regarding claims 2-5 , the claim limitation “at least one contacting surface” lack antecedent basis. In the interest of compact prosecution, the Examiner will interpret this limitation as “at least one elastically mounted contacting surface”. Claim Rejections - 35 USC § 102 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 ) as being anticipated by Nakayama, US 20170282379 . Regarding claim 1 , Nakayama discloses: A gripping apparatus (Fig. 1, robot gripping device 60) for gripping a sample container (Fig. 3A, workpiece W) , the gripping apparatus comprising: a gripper body (Fig. 2, front end part 61, air cylinder 62, output shaft 63, coupling 64) comprising a gripper actuator (Fig. 2, air cylinder 62) ; at least two gripper fingers (Figs. 1A-20, best seen in 9A-9C, finger part bodies 1 attached to reinforcing member 20 includes a first reinforcing part 21, second reinforcing part 22, and third reinforcing part 23) each comprising a gripping surface (Figs. 1A-20, first anti-slip part 2) , wherein at least one of the gripper fingers is movably coupled to the gripper body, and wherein the gripping apparatus is designed for gripping a sample container with the gripping surfaces of the at least two gripper fingers by moving the at least one movable gripper finger (see Figs. 1A-20) ; and wherein the gripping apparatus (Fig. 1, robot gripping device 60) comprises at least one elastically mounted contacting surface (Figs. 1A-20, second anti-slip part 3) for elastically contacting a sample container about to be gripped by the gripping apparatus. Regarding claim 2 , Nakayama further discloses: the gripping apparatus is designed for gripping a sample container having a sample container axis (best seen in Figs. 3A-5B, axis “a”) , the at least two gripper fingers define a gripping axis, and the at least one contacting surface is designed for aligning the sample container axis of a sample container with the gripping axis before the sample container is gripped by the gripping apparatus (see Figs. 3A-5B) . Regarding claim 3 , Nakayama further discloses: to each of the gripper fingers at least one contacting surface is attached (Figs. 1A-20, second anti-slip part 3) . Regarding claim 4 , Nakayama further discloses: at least one of the at least one contacting surfaces (Figs. 1A-20, second anti-slip part 3) is coupled to a gripper finger (Figs. 1A-20, best seen in 9A-9C, finger part bodies 1 attached to reinforcing member 20 includes a first reinforcing part 21, second reinforcing part 22, and third reinforcing part 23) . Regarding claim 5 , Nakayama further discloses: the at least one contacting surface (Figs. 1A-20, second anti-slip part 3) is elastically mounted to the gripper body via an elastic element (Figs. 1A-20, finger part bodies 1) . Regarding claim 6 , Nakayama further discloses: the gripping surfaces (Figs. 1A-20, first anti-slip part 2) of the gripper fingers (Figs. 1A-20, best seen in 9A-9C, finger part bodies 1 attached to reinforcing member 20 includes a first reinforcing part 21, second reinforcing part 22, and third reinforcing part 23) are un-elastically coupled to the gripper body. Regarding claim 7 , Nakayama discloses: A gripper finger (Figs. 1A-20, best seen in 9A-9C, finger part bodies 1 attached to reinforcing member 20 includes a first reinforcing part 21, second reinforcing part 22, and third reinforcing part 23) for a gripping apparatus (Fig. 1, robot gripping device 60) for gripping a sample container (Fig. 3A, workpiece W) , the gripper finger comprising a gripper finger body (Figs. 1A-20, best seen in 9A-9C, finger part bodies 1 attached to reinforcing member 20 includes a first reinforcing part 21, second reinforcing part 22, and third reinforcing part 23) comprising a gripping surface (Figs. 1A-20, first anti-slip part 2 or second anti-slip part 3) for gripping a sample container, wherein the gripper finger comprises at least one contacting surface (Figs. 1A-20, first anti-slip part 2 or second anti-slip part 3) elastically mounted to the gripper finger body. Regarding claim 8 , Nakayama further discloses: the at least one contacting surface (Figs. 1A-20, second anti-slip part 3) itself is rigid ([0128] “Thus, in the present invention, a rigid separation limiting part 154 extending between each second anti-slip part 3 and the finger part body 1 is attached to the second anti-slip part 3.”) . Regarding claim 9 , Nakayama further discloses: the at least one contacting surface is elastically mounted to the gripper finger body ([0127] “… As shown in FIG. 8A, when the workpiece W is brought into contact with the lower one of the second anti-slip parts 3, the corresponding connection member 153 bends inward. This causes the lower second anti-slip part 3 to move away from the finger part body 1.”) . Regarding claim 10 , Nakayama further discloses: the at least one contacting surface (Figs. 1A-20, first anti-slip part 2 or second anti-slip part 3) is elastically mounted to the gripper finger body (Figs. 1A-20, best seen in 9A-9C, finger part bodies 1 attached to reinforcing member 20 includes a first reinforcing part 21, second reinforcing part 22, and third reinforcing part 23) via an elastic element ([0127]) , and the at least one contacting surface (Figs. 1A-20, first anti-slip part 2 or second anti-slip part 3) and the elastic element are comprised in a monolithic element ([0089], “Alternatively, the inside surface of each finger part body 1 may have relief shapes or grooves directly formed on it, so the finger part body 1 and the second anti-slip part 3 may be integrally formed. Due to this, a workpiece W can be pushed in and reliably gripped.”) . Regarding claim 11 , Nakayama further discloses: the gripper finger is designed such that the at least one contacting surface (Figs. 1A-20, first anti-slip part 2 or second anti-slip part 3) is closer to a sample container about to be gripped by the gripper finger than the gripping surface (Figs. 1A-20, first anti-slip part 2 or second anti-slip part 3) . Regarding claim 12 , Nakayama further discloses: the gripper finger is designed such that the at least one contacting surface (Figs. 1A-20, first anti-slip part 2 or second anti-slip part 3) has a play that allows the at least one contacting surface to be pushed at least to a level of the gripping surface (see Figs. 1-9C) . Regarding claim 13 , Nakayama further discloses: the at least one contacting surface (Figs. 1A-20, second anti-slip part 3) comprises at least a first section and a second section, wherein the first section is designed to apply a first force to a sample container about to be gripped by the gripper finger, the second section is designed to apply a second force to a sample container about to be gripped by the gripper finger, and the direction of the first force is different from the direction of the second force (see Figs. 5A-5B and 8A for the best example of this limitation) . Regarding claim 14 , Nakayama further discloses: A laboratory instrument for handling a sample container comprising one of the gripping apparatus according to claim 1 (this limitation represents an intended use of the device. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In this instance, the Nakayama device is a robot gripping device. There is no claimed limitation that would alter its form and function related to it working in a laboratory) . . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL JEREMY LEEDS whose telephone number is (571)272-2095. The examiner can normally be reached Mon-Thurs, 0730-1730. 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, Anna Kinsaul can be reached at 571-270-1926. 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. /DANIEL JEREMY LEEDS/Primary Examiner, Art Unit 3731 Application/Control Number: 18/299,750 Page 2 Art Unit: 3731 Application/Control Number: 18/299,750 Page 3 Art Unit: 3731 Application/Control Number: 18/299,750 Page 4 Art Unit: 3731 Application/Control Number: 18/299,750 Page 5 Art Unit: 3731 Application/Control Number: 18/299,750 Page 6 Art Unit: 3731 Application/Control Number: 18/299,750 Page 7 Art Unit: 3731 Application/Control Number: 18/299,750 Page 8 Art Unit: 3731