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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-8 in the reply filed on is acknowledged.
Claims 9-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 02/02/2026.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/30/2023 is being considered by the examiner.
Claim Objections
Claims 1 and 3 are objected to because of the following informalities:
claim 1, line 2, “which aperture” should read “the aperture.”
claim 3, line 4, “aperature” appears to be a typo, and it should read “aperture.”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claim 5 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 5 recites the limitation "the one row" and “the nubs of each row” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kaeppeli et al. (US 20170248623 A1).
Regarding claim 1, Kaeppeli teaches a sample container holding and/or transporting device having an aperture (hollow center 20) with a longitudinal axis (central axis A, Fig. 4), which aperture is configured for receiving a sample container (5)(Fig. 2), wherein a biasing structure (retaining structure 3) is provided in the aperture (Fig. 4 and para. 0042), wherein the biasing structure comprises a plurality of elastically deflectable nubs (first and second retaining elements 30 and 32)(para. 0035, first and second retaining elements 30 and 32 are resiliently deformable and displaceable), wherein the nubs are distributed spatially discrete along the longitudinal axis of the aperture (Figs. 3-5).
Regarding claim 2, Kaeppeli teaches all of the elements of the current invention as stated above with respect to claim 1. Kaeppeli further teaches characterized in that in an unloaded state each nub extends in a plane perpendicular to the longitudinal axis of the aperture (Fig. 3).
Regarding claim 3, Kaeppeli teaches all of the elements of the current invention as stated above with respect to claim 2. Kaeppeli further teaches wherein the biasing structure (retaining structure 3) is obtained from a flat, elastically deformable piece (sheet metal, which is elastically deformable before it experience stress that exceeds its yield strength) having a flat basic body from which the nubs protrude in a direction perpendicular to the flat basic body, wherein the elastically deformable piece is deformed for fitting into the aperture (para. 0041 and Figs. 3 and 5, retaining structure 3 is form from sheet metal material being bent into a hexagon with the corresponding first and second retaining members structures that protrude perpendicular to the sheet).
Regarding claim 4, Kaeppeli teaches all of the elements of the current invention as stated above with respect to claim 1. Kaeppeli further teaches characterized in that the nubs are arranged in one row or in two or more rows extending in parallel to the longitudinal axis of the aperture, wherein in particular in case of two or more rows, the rows are evenly distributed along a circumference of the aperture (Fig. 3 showing 6 rows of retaining elements, each row comprise 1 retaining element).
Regarding claim 5, Kaeppeli teaches all of the elements of the current invention as stated above with respect to claim 2. Kaeppeli teaches characterized in that the nubs of the one row or the nubs of each row are evenly distributed along the longitudinal axis of the aperture (Fig. 5).
Regarding claim 6, Kaeppeli teaches all of the elements of the current invention as stated above with respect to claim 1. Kaeppeli further teaches characterized in that at least two nubs arranged in different planes perpendicular to the longitudinal axis of the aperture differ in length (Figs. 3 and 5, first retaining elements 30 and second retaining elements 32 are arranged in different planes perpendicular to the longitudinal axis, and they differ in length).
Regarding claim 7, Kaeppeli teaches all of the elements of the current invention as stated above with respect to claim 6. Kaeppeli further teaches characterized in that several nubs that differ in length are alternately arranged
Regarding claim 8, Kaeppeli teaches all of the elements of the current invention as stated above with respect to claim 6. Kaeppeli further teaches characterized in that a length of the nubs decreases with an insertion depth (Fig. 5, first retaining element 30 has a greater length and a less insertion depth than that of second retaining element 32).
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang (US 20050029914)(provided in Applicant’s IDS of 05/30/2023).
Regarding claim 1, Wang teaches a sample container holding and/or transporting device having an aperture (214)(Fig. 2) with a longitudinal axis (the longitudinal axis of 214), which aperture is configured for receiving a sample container (abstract, para. 0024, 0026 and Fig. 2), wherein a biasing structure (insert 534 in Fig. 5d) is provided in the aperture (Fig. 2), wherein the biasing structure comprises a plurality of elastically deflectable nubs (flexible fingers 534)(Fig. 5d and para. 0026), wherein the nubs are distributed spatially discrete along the longitudinal axis of the aperture (Figs. 3 and 5d).
Regarding claim 2, Wang teaches all of the elements of the current invention as stated above with respect to claim 1. Wang further teaches characterized in that in an unloaded state each nub extends in a plane perpendicular to the longitudinal axis of the aperture (Fig. 5d).
Regarding claim 4, Wang teaches all of the elements of the current invention as stated above with respect to claim 1. Wang further teaches characterized in that the nubs are arranged in one row or in two or more rows extending in parallel to the longitudinal axis of the aperture, wherein in particular in case of two or more rows, the rows are evenly distributed along a circumference of the aperture (Fig. 5d).
Regarding claim 5, Wang teaches all of the elements of the current invention as stated above with respect to claim 2, characterized in that the nubs of the one row or the nubs of each row are evenly distributed along the longitudinal axis of the aperture (Fig. 5d).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAY CHIU whose telephone number is (571)272-1054. The examiner can normally be reached 9 am - 5 pm.
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/M.L.C./Examiner, Art Unit 1758
/MARIS R KESSEL/Supervisory Patent Examiner, Art Unit 1758
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