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 .
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 June 1, 2023, and December 15, 2023, are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements were considered by the Examiner.
Status of Claims
Claims 1-20 are pending for examination and are considered on the merits below.
Claim Objections
Claims 1-3, 11, and 16-17 are objected to because of the following informalities:
Regarding claim 1, the limitation “the area that is the power supply” appears to recite the area in which the power supply is disposed rather than that the area is the power supply. The Examiner respectfully requests that the limitation be updated for further clarity of the claim.
Regarding claim 2, the limitation “an area with the power supply and an area with the measuring unit” appears to refer to the areas of the power supply and the measuring unit that were previously recited in claim 1. The Examiner respectfully requests that the limitation be updated to reflect proper antecedent basis for further clarity within the claims.
Regarding claim 3, the limitation “an area with the power supply and an area with the measuring unit” appears to refer to the areas of the power supply and the measuring unit that were previously recited in claim 1. The Examiner respectfully requests that the limitation be updated to reflect proper antecedent basis for further clarity within the claims.
Regarding claim 11, the limitation “a reagent contained in the reagent container in the reagent container storage” appears to refer to the reagent previously recited in claim 11. The Examiner respectfully requests that the limitation be updated to reflect proper antecedent basis for further clarity within the claims.
Regarding claim 16, the limitations “the measuring unit is arranged in an area within the apparatus housing” and “the power supply is arranged in an area within the apparatus housing” appear to refer to the areas of the power supply and the measuring unit that were previously recited in claim 1. The Examiner respectfully requests that the limitation be updated to reflect proper antecedent basis for further clarity within the claims.
Regarding claim 17, the limitation “a temperature controller that controls temperature of a container” appear to refer to the container previously recited in claim 1. The Examiner respectfully requests that the limitation be updated to reflect proper antecedent basis for further clarity within the claims.
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.
Claims 12-13 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 claim 12, the limitation “a second fan” is recited. However, there is no prior recitation of a first fan. It is unclear whether the limitation “a second fan” is intended to recite a fan that is in addition to a first fan or a fan disposed within the second heat exhaust section. For examination purposes, the limitation “a second fan” is interpreted as a fan disposed within the second heat exhaust section.
Claim 13 is also rejected under 35 U.S.C. 112(b) due to its dependency on rejected claim 12.
Claim Rejections - 35 USC § 102
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.
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.
(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.
Claims 1, 5-7, 11, and 16 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Ohyama et al. (U.S. Pat. Pub. No. 2003/0070498; hereinafter “Ohyama”).
Regarding claim 1, Ohyama discloses a sample measuring apparatus (analyzer body 1; ¶¶ [0331]-[0332]; Fig. 1) comprising:
a measuring unit (detecting section 7; ¶ [0333]; Fig. 1) that measures a sample in a container (wherein detecting section 7 analyzes constituents of a sample that is provided in a sample vessel; ¶ [0333]);
a power supply (power supply section 10; ¶ [0335]; Fig. 1) that supplies power to the measuring unit (wherein power supply section 10 supplies power to detecting section 7; ¶¶ [0420]-[0422]; Fig. 30); and
an apparatus housing (housing 2; ¶ [0332]; Fig. 1) that accommodates the measuring unit and the power supply inside (see ¶¶ [0333] and [0335]; Fig. 1), wherein
the power supply is arranged in an area in the apparatus housing (see ¶ [0335]; Fig. 1), the area that is the power supply is arranged is different from an area that the measuring unit is arranged in a plan view (wherein, in plan view whereby apparatus 2 is viewed from immediately above, power supply section 10 is disposed in an left area of housing 2 whereas detecting section 7 is disposed in a right area of housing 2; Fig. 1), and the power supply is arranged at a higher position than a position that the measuring unit is arranged (wherein power supply section 10 is arranged at a higher position than detecting section 7; Fig. 1).
Regarding claim 5, Ohyama discloses the sample measuring apparatus according to claim 1 as discussed above. Ohyama further discloses wherein the power supply is arranged at a higher position than a center of the apparatus housing in a vertical direction (wherein power supply section 10 is disposed at a higher position than a center of housing 2 in a vertical direction; Figs. 1-2 ).
Regarding claim 6, Ohyama discloses the sample measuring apparatus according to claim 1. Ohyama further discloses wherein the area with the power supply is arranged on a side of the apparatus housing (wherein that area in which power supply section 10 is disposed is on an upper side of housing 2; ¶ [0337]; Figs. 1-2).
Regarding claim 7, Ohyama discloses the sample measuring apparatus according to claim 1 as discussed above. Ohyama further discloses a first heat exhaust section (ventilators/vent holes 12, 13 disposed on a first wall of housing 2; ¶ [0337]; Fig. 2) that exhausts heat from the power supply to outside of the apparatus housing (see ¶ [0337]).
Regarding claim 11, Ohyama discloses the sample measuring apparatus according to claim 7 as discussed above. Ohyama further discloses: a reagent container storage (containers B1, B3 respectively containing a diluent and a hemolyzing agent; [0338]; Fig. 3) that stores a reagent container containing a reagent to be mixed with a sample (see ¶¶ [0338] and [0418].; Fig. 3 and 29); a heat generating section (heat generating component of power supply section 10; ¶ [0337]) that generates heat in case that a reagent contained in the reagent container in the reagent container storage is cooled (wherein the heat generating component is capable of generating heat in case that a reagent contained in the reagent container in the reagent container storage is cooled) (Examiner’s Note — 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; see Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469 (Fed. Cir. 1990) (“[A]pparatus claims cover what a device is, not what a device does”); see also MPEP 2114 regarding functional language); and a second heat exhaust section (ventilators/vent holes 12, 13 disposed on a second wall of housing 2; ¶ [0337]; Fig. 2) that exhausts heat generated in the heat generating section to the outside of the apparatus housing (see ¶ [0337]).
Regarding claim 16, Ohyama discloses the sample measuring apparatus according to claim 1 as discussed above. Ohyama further discloses wherein
in a plan view (in a plan view, i.e., housing 2 viewed from immediately above), the measuring unit is arranged in an area within the apparatus housing on one side of an imaginary straight line that passes through a center of a first direction of the apparatus housing (wherein detecting section 7 is disposed in an area within housing 2 on one side, e.g., the right side, of an imaginary straight line that passes through a center of a first direction of housing 2 as shown in the annotated version of Fig. 1 below) and extends in a second direction perpendicular to the first direction (wherein detecting section 7 extends in a second direction perpendicular to the first direction as shown in the annotated version of Fig. 1 below), and
the power supply is arranged in an area within the apparatus housing on the other side of the imaginary straight line (wherein power supply section 10 is disposed in an area within housing 2 on the other side, e.g., the left side, of the imaginary straight line as shown in the annotated version of Fig. 1 below).
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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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 2-4, 8-10, 12-15, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ohyama in view of Jia et al. (CN 212964990 U, listed on an Information Disclosure Statement; hereinafter “Jia”) (Examiner’s Note – a machine translation of Jia obtained from Espacenet is provided herewith).
Regarding claim 2, Ohyama discloses the sample measuring apparatus according to claim 1 as discussed above. However, Ohyama does not explicitly disclose an insulator that is arranged between an area with the power supply and an area with the measuring unit.
Jia, in the analogous art of sample analyzers, teaches a sample analyzer comprising an insulator (a shell wall that blocks heat and is therefore interpreted as the insulator; ¶ [0035]) that is arranged between an area with a power supply and an area with a measuring unit (wherein the shell wall is disposed between a main cavity that comprises a sample analysis component and a power board cavity that comprises power board 2; ¶ [n0035]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sample measuring apparatus of Ohyama with an insulator as taught by Jia for the benefit of reducing the transfer of heat from a power supply to other components (Jia, ¶ [n0035]).
Regarding claim 3, Ohyama discloses the sample measuring apparatus according to claim 1 as discussed above. Ohyama does not explicitly disclose a partition member that is arranged between an area with the power supply and an area with the measuring unit.
Jia, in the analogous art of sample analyzers, teaches a sample analyzer comprising a partition member (a shell wall and a power box 4 that collectively partition power supply 2 from other components and are therefore interpreted as the partition member; ¶¶ [n0035] and [n0038]; Figs. 4-5 and 7-8) that is arranged between an area with the power supply and an area with the measuring unit (wherein the shell wall portion of the partition member, collectively interpreted as shell wall and a power box 4, is disposed between a power board cavity that comprises power board 2 and a main cavity that comprises a sample analysis component; ¶¶ [n0035] and [n0038]; Figs. 4-5 and 7-8). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sample measuring apparatus of Ohyama to partition the power supply with a partition member as taught by Jia for the benefit for the benefit of reducing the transfer of heat from a power supply to other components (Jia, ¶ [n0035]).
Regarding claim 4, the combination of Ohyama and Jia teaches the sample measuring apparatus according to claim 3 as discussed above. Ohyama in view of Jia further teaches wherein the partition member comprises a vertical plate that is erected in a vertical direction (wherein partition member of Ohyama in view of Jia would include a vertical plate, e.g., a vertical wall, erected in a vertical direction to encase Ohyama’s power board 2; Ohyama, ¶ [n0035], Jia, ¶¶ [n0035] and [n0038]; Jia, Figs. 4-5 and 7-8).
Regarding claim 8, Ohyama discloses the sample measuring apparatus according to claim 7 as discussed above. Ohyama further discloses wherein the first heat exhaust section comprises a first intake port (a vent disposed on the bottom row of ventilators/vent holes 12, 13; ¶ [0337]; Fig. 2) that takes in air from outside of the apparatus housing to the area with the power supply (wherein ventilators/vent holes 12, 13 are configured for spontaneous air cooling and are therefore interpreted as both intake and exhaust ports; ¶ [0337]; Fig. 2); and a first exhaust port (a vent disposed on the top row of ventilators/vent holes 12, 13; ¶ [0337]; Fig. 2) that exhausts air from the area with the power supply to the outside of the apparatus housing (wherein ventilators/vent holes 12, 13 are configured for spontaneous air cooling and are therefore interpreted as both intake and exhaust ports; ¶ [0337]; Fig. 2). However, Ohyama does not explicitly disclose a first fan that flows air from the first intake port to the first exhaust port.
Jia, in the analogous art of sample analyzers, teaches a sample analyzer comprising a first fan that flows air from the first intake port to the first exhaust port (wherein a cooling fan 3 provides directional airflow between a first vent 5 and a second vent 6 whereby one vent is the air intake and the other vent is the air exhaust; see ¶¶ [n0039]-[n0040]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first heat exhaust section of Ohyama to incorporate a first fan as taught by Jia for the benefit of increasing the heat dissipation effect (Jia, ¶ [n0037]).
Regarding claim 9, the combination of Ohyama and Jia teaches the sample measuring apparatus according to claim 8 as discussed above. Ohyama further teaches wherein the first exhaust port is arranged at a higher position than the first intake port (wherein the vent disposed on the top row of ventilators/vent holes 12, 13, which is interpreted as the first exhaust port, is arranged at a higher position that the vent disposed on the bottom row of ventilators/vent holes 12, 13, which is interpreted as the first intake port; ¶ [0337]; Fig. 2).
Regarding claim 10, the combination of Ohyama and Jia teaches the sample measuring apparatus according to claim 8 as discussed above. Ohyama further teaches wherein the first heat exhaust section further comprises a first duct (interpreted as the volume within power supply section 10; ¶ [0337]; Fig. 1) that leads from the first intake port to the power supply and from the power supply to the first exhaust port (wherein the volume within power supply section 10 leads from the vent disposed on the bottom row of ventilators/vent holes 12, 13, which is interpreted as the first intake port to power supply section 10 and from power supply section 10 to the vent disposed on the top row of ventilators/vent holes 12, 13, which is interpreted as the first exhaust port; ¶ [0337]; Fig. 1).
Regarding claim 12, Ohyama discloses the sample measuring apparatus according to claim 11 as discussed above. Ohyama further discloses wherein the second heat exhaust section comprises: a second intake port (a vent disposed on the bottom row of ventilators/vent holes 12, 13; ¶ [0337]; Fig. 2) that takes in air from outside of the apparatus housing into an area where heat of the heat generating section is radiated (wherein ventilators/vent holes 12, 13 are configured for spontaneous air cooling and are therefore interpreted as both intake and exhaust ports; ¶ [0337]; Fig. 2); and a second exhaust port (a vent disposed on the top row of ventilators/vent holes 12, 13; ¶ [0337]; Fig. 2) that exhausts heat from an area where heat of the heat generating section is radiated to the outside of the apparatus housing (wherein ventilators/vent holes 12, 13 are configured for spontaneous air cooling and are therefore interpreted as both intake and exhaust ports; ¶ [0337]; Fig. 2). However, Ohyama does not explicitly disclose a second fan that flows air from the second intake port to the second exhaust port.
Jia, in the analogous art of sample analyzers, teaches a sample analyzer comprising a fan that flows air from an intake port to an exhaust port (wherein a cooling fan 3 provides directional airflow between a first vent 5 and a second vent 6 whereby one vent is the air intake and the other vent is the air exhaust; see ¶¶ [n0039]-[n0040]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the second heat exhaust section of Ohyama to incorporate a fan as taught by Jia for the benefit of increasing the heat dissipation effect (Jia, ¶ [n0037]).
Regarding claim 13, the combination of Ohyama and Jia teaches the sample measuring apparatus according to claim 12 as discussed above. Ohyama further teaches wherein the second heat exhaust section further comprises a second duct (interpreted as the volume within power supply section 10; ¶ [0337]; Fig. 1) that leads from the second intake port to an area where heat of the heat generating section is radiated and from the area to the second exhaust port (wherein the volume within power supply section 10 leads from the vent disposed on the bottom row of ventilators/vent holes 12, 13, which is interpreted as the second intake port to heat generating component of power supply section 10 and from heat generating component of power supply section 10 to the vent disposed on the top row of ventilators/vent holes 12, 13, which is interpreted as the second exhaust port; ¶ [0337]; Fig. 1).
Regarding claim 14, the combination of Ohyama and Jia teaches the sample measuring apparatus according to claim 11 as discussed above. Ohyama further teaches wherein the first heat exhaust section and the second heat exhaust section are arranged on different sides that the apparatus housing has (wherein the first heat exhaust section comprises ventilators/vent holes 12, 13 disposed on a first wall of housing 2 and the second heat exhaust section comprises ventilators/vent holes 12, 13 disposed on a second, different side wall of housing 2; ¶ [0337]; Fig. 2).
Regarding claim 15, the combination of Ohyama and Jia teaches the sample measuring apparatus according to claim 14, wherein in a plan view, heat exhaust direction of the first heat exhaust section has 90 degrees angle with a heat exhaust direction of the second heat exhaust section (wherein, in plan view whereby apparatus 2 is viewed from immediately above, the first heat exhaust section comprises ventilators/vent holes 12, 13 disposed on a first wall of housing 2 and the second heat exhaust section comprises ventilators/vent holes 12, 13 disposed on a second, different side wall of housing 2 that forms a 90 degrees angle with the first wall of housing 2 ; ¶ [0337]; Fig. 2).
Regarding claim 19, the combination of Ohyama and Jia teaches the sample measuring apparatus according to claim 2 as discussed above. Ohyama further teaches a first heat exhaust section (ventilators/vent holes 12, 13 disposed on a first wall of housing 2; ¶ [0337]; Fig. 2) that exhausts heat from the power supply to outside of the apparatus housing (see ¶ [0337]).
Regarding claim 20, the combination of Ohyama and Jia teaches the sample measuring apparatus according to claim 3 as discussed above. Ohyama further teaches a first heat exhaust section (ventilators/vent holes 12, 13 disposed on a first wall of housing 2; ¶ [0337]; Fig. 2) that exhausts heat from the power supply to outside of the apparatus housing (see ¶ [0337]).
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Ohyama in view of Katsumi et al. (U.S. Pat. Pub. No. 2011/0223064, listed on an Information Disclosure Statement; hereinafter “Katsumi”).
Regarding claim 17, Ohyama discloses the sample measuring apparatus according to claim 1. However, Ohyama does not explicitly disclose wherein the measuring unit comprises a temperature controller that controls temperature of a container.
Katsumi, in the analogous art of sample analyzers, teaches a sample analyzer (see ¶ [0031]; Figs. 1-2) comprising a temperature controller that controls temperature of a container (see ¶ [0137]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the measuring unit of Ohyama to incorporate a temperature controller as taught by Katsumi for the benefit of reducing evaporation of a reagent (Katsumi,¶ [0137]).
Regarding claim 18, the combination of Ohyama and Katsumi teaches the sample measuring apparatus according to claim 17 as discussed above. Ohyama further teaches wherein the measuring unit comprises: an irradiation section (light emitting diode 68; ¶ [0377]) that irradiates light to the container (see ¶ [0377]); and a light receiving section (photodiode 69; ¶ [0377]) that receives light transmitted through the container (see ¶ [0377]).
Conclusion
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/STEVEN RAY CASTANEDA/ Examiner, Art Unit 1797
/JENNIFER WECKER/ Primary Examiner, Art Unit 1797