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 .
Response to Arguments
Applicant’s arguments, see Remarks page 8, filed 20 July 2026, with respect to the drawing objections have been fully considered and are persuasive in light of the amendments to the claims. The objections to the drawings have been withdrawn.
Applicant’s arguments, see Remarks page 8, filed 20 July 2026, with respect to the claim objections have been fully considered and are persuasive in light of the amendments to the claims. The objection to claim 1 has been withdrawn.
Applicant’s arguments, see Remarks page 9, filed 20 July 2026, with respect to the claim rejections under 35 U.S.C. 112(b) have been fully considered and are persuasive in light of the amendments to the claims. The 112(b) rejection of claim 19 has been withdrawn.
Applicant’s arguments, see Remarks page 9, filed 20 July 2026, with respect to the rejections of claims 1 – 11 and 19 under 35 U.S.C. 102(a)(1) in view of Niyama et al have been fully considered and are persuasive in light of the amendments to the claims. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Niyama et al (US 20180164336 A1) in view of Miyazaki et al (US 20190383844 A1, cited on the PTO-892 form provided 12 May 2026).
Status of Claims
Applicant's amendments to the claims filed 20 July 2026 have been entered. Applicant's
remarks filed 20 July 2026 are acknowledged.
Claims 1, 2, 4, 5, and 19 are in status “Currently Amended.” Claims 3 and 6 – 18 are in status “Original.” Claims 20 is withdrawn as due to non-elected subject matter.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1 – 14, 16, 17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Niyama et al (US 20180164336 A1) in view of Miyazaki et al (US 20190383844 A1, cited on the PTO-892 form provided 12 May 2026).
With regards to claim 1, Niyama et al teaches;
The claimed “a sample measuring apparatus” has been read on the taught ([0001], “The present invention relates to an automated analyzer…”);
The claimed “a reagent container storage that stores a reagent container with a reagent” has been read on the taught ([0019], “…a large number of reagent containers 101 arranged in a reagent container storage apparatus 100…”);
The claimed “a housing that accommodates the reagent container” has been read on the taught ([0026], “The reagent container storage apparatus 100 mainly includes a reagent storage chamber 120 storing the reagent containers 101 and a reagent lid 116.”; A reagent storage chamber 120 and a reagent lid 116 reads on a housing);
The claimed “a cooling section that cools the housing” has been read on the taught ([0026], “The cold water pipe 123 is connected to a cooler 121 as a primary cooling source.”);
The claimed “a measuring unit that measures a sample using the reagent” has been read on the taught ([0025], “A reaction state of the specimen and the reagent is measured by the reaction measurement device 115.”);
The claimed “a ventilation passage is arranged below the reagent container in the housing” and “at least a part of the cooling section is provided in the housing at a higher part of the housing than the ventilation passage” has been read on the taught (See annotated figure 4, which shows the cooling pipe at the top and sides of the chamber, and a ventilation area provided underneath the reagent containers).
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The claimed “the housing comprises a top part, a bottom part, and a side part” has been read on the taught ([0026], “The reagent container storage apparatus 100 mainly includes a reagent storage chamber 120 storing the reagent containers 101 and a reagent lid 116. A side surface and a bottom surface of the reagent storage chamber 120 is made of metal such as SUS.”; A reagent lid reads on a top part. A side surface and bottom surface read on a side part and a bottom part.);
The claimed “a heat transfer housing part in contact with […] the bottom part and side part” has been read on the taught ([0026], “As the side surface and the bottom surface are made of metal, thermal conductivity is higher than a resin material, therefore, the reagent container storage apparatus 100 can be efficiently cooled.”; The side and bottom surface made of metal read on a heat transfer housing part.);
Niyama et al further teaches that a top part may have a thermally conductive top part, as read on the taught ([0029], “It is desirable that the inner wall 124 is formed of materials having higher thermal conductivity than the reagent storage chamber 120…”).
However, Niyama et al does not explicitly disclose wherein the heat transfer housing part is in contact with the top part.
In the analogous art of reagent container storage, Miyazaki et al teaches;
“A reagent container storage with a housing and reagent containers” has been read on the taught ([0028], “…an apparatus 1 includes a temperature control space 4 inside a housing 2.”; [0029], “A sample plate 10 holding a sample is placed on the bottom of the temperature control space 4 […] sample plate 10 may hold a plurality of vials containing a sample…”);
The claimed “a heat transfer housing part in contact with the top part, the bottom part, and the side part” has been read on the taught ([0028], “The temperature control space 4 is defined by sheet metal 6…”; Sheet metal 6 reads on a heat transfer housing part. Figure 1 shows the sheet metal disposed on the top, bottom, and left side of the housing.
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 reagent container as taught by Niyama et al with the heat transfer housing part disposed on the lid as taught Miyazaki et al. Per MPEP 2143(I)(C), use of a known technique to improve similar devices in the same way may be prima facie obvious. In the case of the instant invention, the prior art of Niyama et al teaches a “base” device of a reagent container storage housing. The prior art of Miyazaki et al teaches a comparable device, which has been improved with a singular heat transfer housing part that is in contact with the top part. One of ordinary skill in the art could have applied the known technique of including a lid in the heat transfer portion in the same way to the base device, for the predictable benefit of allowing uniform thermal transfer across the top, bottom, and side of the reagent container housing.
With regards to claim 2, the apparatus of claim 1 is obvious over Niyama et al in view of Miyazaki et al.
Niyama et al additionally teaches;
The claimed “the cooling section is provided on the side part or the top part of the housing” has been read on the taught ([0026], “A cold water pipe 123 for introducing cold water 122 is provided on the side surface or the bottom surface of the reagent storage chamber 120.”).
With regards to claim 3, the apparatus of claim 2 is obvious over Niyama et al in view of Miyazaki et al.
Niyama et al additionally teaches;
The claimed “the side part comprises a first side part; and a second side part that is arranged facing the first side part, and the cooling section is provided on one of the first side part and the second side part in the housing” has been read on the taught (See figure 4, provided on page 5 of this action which shows two side parts arranged facing one another, and the water cooling sections on two sides.).
With regards to claim 4, the apparatus of claim 1 is obvious over Niyama et al in view of Miyazaki et al.
Niyama et al additionally teaches;
The claimed “a pipette that aspirates a reagent stored in the reagent container in the reagent container storage and dispenses the reagent into a reaction container, in which the sample is stored” has been read on the taught ([0022], “Next, a reagent inside the reagent container 101 is dispensed into the reaction container 109 transferred to the reaction container holder 108 by the reagent dispensing mechanism 106.”; Reagent dispensing mechanism 106);
The claimed “a through hole for the pipette to enter and exit that is arranged on a top part of the housing” has been read on the taught (Claim 1, “…the reagent chamber lid and the transfer member include dispensing holes communicating between inside and outside of the reagent container storage apparatus…”).
With regards to claim 5, the apparatus of claim 1 is obvious over Niyama et al in view of Miyazaki et al.
Niyama et al additionally teaches;
The claimed “the heat transfer housing part has thermal conductivity” and “wherein the heat transfer housing part comprises a first side wall; a second side wall that is arranged facing the first side wall across the reagent container and a top surface connection part that connects the first side wall and second side wall” have been read on the taught ([0026], “The reagent container storage apparatus 100 mainly includes a reagent storage chamber 120 storing the reagent containers 101 and a reagent lid 116. A side surface and a bottom surface of the reagent storage chamber 120 is made of metal such as SUS. As the side surface and the bottom surface are made of metal, thermal conductivity is higher than a resin material, therefore, the reagent container storage apparatus 100 can be efficiently cooled.”; Reagent lid 116 reads on the top surface connection part);
The claimed “the cooling section is provided in the first side wall, the second side wall, or the top surface connection part” has been read on the taught ([0026], “A cold water pipe 123 for introducing cold water 122 is provided on the side surface or the bottom surface of the reagent storage chamber 120.”).
With regards to claim 6, the apparatus of claim 5 is obvious over Niyama et al in view of Miyazaki et al.
Niyama et al additionally teaches;
The claimed “the cooling section is provided on the first side wall or the second side wall” has been read on the taught ([0026], “A cold water pipe 123 for introducing cold water 122 is provided on the side surface or the bottom surface of the reagent storage chamber 120.”).
With regards to claim 7, the apparatus of claim 5 is obvious over Niyama et al in view of Miyazaki et al.
Niyama et al additionally teaches;
The claimed “the bottom part of the housing comprises a material that has a lower thermal conductivity than the heat transfer housing part” has been read on the taught ([0026], “A side surface and a bottom surface of the reagent storage chamber 120 is made of metal such as SUS. As the side surface and the bottom surface are made of metal, thermal conductivity is higher than a resin material, therefore, the reagent container storage apparatus 100 can be efficiently cooled.”).
With regards to claim 8, the apparatus of claim 5 is obvious over Niyama et al in view of Miyazaki et al.
Niyama et al additionally teaches;
The claimed “the top surface connection part of the heat transfer housing part is provided in a location where the top surface connection part does not overlap a reagent container accommodated in the housing in a plan view” has been read on the taught ([0028], “Therefore, the inside, particularly in an upper space of the reagent container storage apparatus 100 is warmed due to effects of outside air flowing from dispensing holes 117 of the reagent container storage apparatus 100…”; The dispensing holes 117 read on a portion of the top surface connection part that does not overlap a reagent container.).
With regards to claim 9, the apparatus of claim 5 is obvious over Niyama et al in view of Miyazaki et al.
Niyama et al additionally teaches;
The claimed “the housing accommodates a plurality of reagent containers side by side along a direction perpendicular to a direction from the first side wall to the second side wall” has been read on the taught ([0019], “…a large number of reagent containers 101 arranged in a reagent container storage apparatus 100 are set on a circumference on a reagent disk 102 as a conveying device (a reagent lid is not shown).”).
With regards to claim 10, the apparatus of claim 5 is obvious over Niyama et al in view of Miyazaki et al.
Niyama et al additionally teaches;
The claimed “wherein the reagent container is accommodated in the housing while being stored in a reagent container rack, wherein the reagent container rack has a shape that extends in a longitudinal direction, in which a plurality of reagent containers are accommodated side by side, and the housing accommodates the reagent container rack with the longitudinal direction of the reagent container rack oriented in a direction perpendicular to a direction from the first side wall to the second side wall” has been read on the taught ([0027], “The reagent disk 102 for storing the reagent containers 101 is provided inside the reagent container storage apparatus 100, and a large number of reagent containers 101 can be stored there inside. The reagent disk 102 is fixed to a central axis of the reagent container storage apparatus 100, which can be rotated by a drive source such as a motor…”).
With regards to claim 11, the apparatus of claim 5 is obvious over Niyama et al in view of Miyazaki et al.
Niyama et al additionally teaches;
The claimed “wherein the housing comprises an insulation housing part that covers the heat transfer housing part” has been read on the taught ([0031], “In this case, a portion between the inner wall 124 and the reagent lid 116 is a heat insulating member 126 with a low thermal conductivity…”).
With regards to claim 12, the apparatus of claim 2 is obvious over Niyama et al in view of Miyazaki et al.
However, Niyama et al does not explicitly disclose wherein the reagent container is accommodated in the housing while being stored in a reagent container rack, wherein the reagent container storage comprises a rack support that supports the reagent container rack in the housing, and wherein the rack support is freely pulled out from the housing.
Miyazaki et al additionally teaches;
The claimed “wherein the reagent container is accommodated in the housing while being stored in a reagent container rack” and “wherein the reagent container storage comprises a rack support that supports the reagent container rack in the housing” have been read on the taught ([0029], “A sample plate 10 holding a sample is placed on the bottom of the temperature control space 4 in a state of being mounted on the sample rack 12.”; Sample plate 10 reads on a reagent container rack. Temperature control space 4 reads on the housing. Sample rack 12 reads on a rack support.);
The claimed “wherein the rack support is freely pulled out from the housing” has been read on the taught (Abstract, “The air temperature control part is configured to reduce an amount of air flowing near the rack insertion opening while the sample rack is pulled out from the temperature control space.”).
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 Niyama et al with the pull-out rack support as taught by Miyazaki et al, for the predictable benefit of allowing easy insertion of a new sample as taught by Miyazaki et al ([0005], “Accordingly, installation work of a sample in the temperature control space is easy.”).
With regards to claim 13, the apparatus of claim 12 is obvious over Niyama et al in view of Miyazaki et al.
Niyama et al does not explicitly disclose wherein the ventilation passage is provided between the reagent container rack and the rack support.
Miyazaki et al further teaches;
The claimed “wherein the ventilation passage is provided between the reagent container rack and the rack support” has been read on the taught ([0031], “Further, the sample rack 12 is disposed in the temperature control space 4 with a gap 32 between the sample rack 12 and a floor surface of the temperature control space 4.”) 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 Niyama et al with the ventilation passage taught by Miyazaki et al, for thee predictable benefit of providing a circulation path which cools the bottom of the sample rack, as taught by Miyazaki et al ([0035], “…air taken in from the air intake portion 22 and cooled by the Peltier element 18 takes a circulation path, in which the air flows through the gap 32 between the lower surface of the sample rack 12 and the floor surface of the temperature control space 4…”).
With regards to claim 14, the apparatus of claim 12 is obvious over Niyama et al in view of Miyazaki et al.
Niyama et al does not explicitly disclose wherein the ventilation passage is provided in the rack support.
Miyazaki et al additionally teaches;
The claimed “wherein the ventilation passage is provided in the rack support” has been read on the taught ([0039], “In the variations shown in FIGS. 3 and 4, a cover 12d is attached above the sample plate 10 of the sample rack 12, and space 40 in which air flows is formed between the bottom plate of the sample rack 12 and the cover 12d.”; Space 40 reads on a ventilation passage in the rack support.).
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 device of Niyama et al with the ventilation passage as taught by Miyazaki et al, for the predictable benefit of allowing cooling ventilation across the sample as taught by Miyazaki et al ([0038], “FIGS. 3 and 4 show variations of the configuration for allowing cooled air to flow along the sample rack 12.”).
With regards to claim 16, the apparatus of claim 12 is obvious over Niyama et al in view of Miyazaki et al.
Niyama et al does not explicitly disclose wherein the ventilation passage is provided in the reagent container rack.
Miyazaki et al additionally teaches;
The claimed “the ventilation passage is provided in the reagent container rack” has been read on the taught ([0039], “In the variations shown in FIGS. 3 and 4, a cover 12d is attached above the sample plate 10 of the sample rack 12, and space 40 in which air flows is formed between the bottom plate of the sample rack 12 and the cover 12d.”; Space 40 reads on a ventilation passage in the rack support.).
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 device of Niyama et al with the ventilation passage as taught by Miyazaki et al, for the predictable benefit of allowing cooling ventilation across the sample as taught by Miyazaki et al ([0038], “FIGS. 3 and 4 show variations of the configuration for allowing cooled air to flow along the sample rack 12.”).
With regards to claim 17, the apparatus of claim 2 is obvious over Niyama et al in view of Miyazaki et al.
Niyama et al does not explicitly disclose a heat exhaust section that exhausts heat generated by the cooling section.
Miyazaki et al additionally teaches;
The claimed “a heat exhaust section that exhausts heat generated by the cooling section” has been read on the taught ([0033], “The Peltier element 18 is provided in such a way that a heat absorption side is disposed inside the temperature control space 4 and a heat radiation side is disposed outside of the temperature control space 4.”; A heat radiation side reads on a heat exhaust section.).
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 device of Niyama et al with the heat exhaust section as taught by Miyazaki et al, for the predictable benefit of supplying cool air, as taught by Miyazaki et al ([0032], “The air temperature control part 16 includes a Peltier element 18 which is a cooling element, a fan 20, an air intake portion 22, the hood 24, a rising guide 26, a heat radiation fin 28, and a heat absorbing fin 30. The air temperature control part 16 sucks air in the temperature control space 4 from the air intake portion 22, cools the air with the Peltier element 18, and supplies the cooled air toward the sample plate 10 in the temperature control space 4.”).
With regards to claim 19, the apparatus of claim 3 is obvious over Niyama et al in view of Miyazaki et al.
Niyama et al teaches circulation and heat exchange within the device, as described in Figure 4 and [0034].
The claim language of “wherein natural convection is generated inside the housing by cooling of the cooling section circulates between the first side part of the housing and the reagent container, the ventilation passage, between the second side part facing the first side part of the housing and the reagent container, and between the top part of the housing and the reagent container in an order” describes the intended function of the device, and has been given the appropriate patentable weight. Please see MPEP 2114(II), and Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). As Niyama et al in view of Miyazaki et al teaches all of the structural limitations of the apparatus as defined in claim 19, this additional limitation does not define the instant application over the prior art.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Niyama et al (US 20180164336 A1) in view of Miyazaki et al (US 20190383844 A1) and further in view of Gwynn et al (US 20130132006 A1).
With regards to claim 15, the apparatus of claim 12 is obvious over Niyama et al in view of Miyazaki et al.
Niyama et al does not explicitly disclose wherein the bottom part of the housing comprises a rail that slides the rack support, and the ventilation passage is provided in the rail.
Miyazaki et al further teaches that the ventilation passage can be provided underneath the sliding sample rack, and that any configuration providing ventilation may be used, as read on the taught ([0037], “Note that in the embodiment shown in FIGS. 1 and 2, while the sample rack 12 is accommodated in the temperature control space 4, the air blown by the fan 20 flows through the gap 32 between the lower surface of the sample rack 12 and the floor surface of the temperature control space 4. However, the present invention is not limited to such a configuration, and any configuration may be employed as long as the configuration allows cooled air to flow along the sample rack 12.”).
However, Niyama et al in view of Miyazaki does not explicitly disclose wherein the bottom part of the housing comprises a rail that slides the rack support, and the ventilation passage is provided in the rail.
In the analogous art of sample measuring apparatuses, Gwynn et al teaches;
The claimed “wherein the bottom part of the housing comprises a rail that slides the rack support” has been read on the taught ([0220], “In operation, sample holders 616 can rest on the support rails, and may be free to slide along the support rails with sample holders 616 loaded earlier in the process pushed along the support rails by adjacent sample holders 616 loaded later.”).
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 sliding sample rack with a ventilation passage provided therein as taught by Niyama et al in view of Miyazaki et al with the sliding rails as taught by Gwynn et al. According to MPEP 2143(I)(C), use of a known technique to improve similar devices in the same way may be prima facie obvious. In the case of the instant invention, the prior art of Niyama et al in view of Miyazaki et al teaches a “base” device with a sliding sample holder, upon which the claimed invention can be seen as an ”improvement.” The prior art of Gwynn et al teaches a comparable device that has been improved in the same way, with a sliding rail. One of ordinary skill in the art could have applied the known improvement technique of sliding rails in the same way to the base device, for the predictable improvement of a stable, sliding sample platform which can accommodate a ventilation passage underneath.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Niyama et al (US 20180164336 A1) in view of Miyazaki et al (US 20190383844 A1) and further in view of Gwynn et al (US 20130132006 A1).
With regards to claim 18, the apparatus of claim 1 is obvious over Niyama et al in view of Miyazaki et al.
However, Niyama et al in view of Miyazaki et al does not explicitly disclose an apparatus housing that accommodates the measuring unit and the reagent container storage inside.
In the analogous art of sample measuring apparatuses, Gwynn et al teaches;
The claimed “an apparatus housing that accommodates the measuring unit and the reagent container storage inside” has been read on the taught ([0180], “one embodiment of the instrument of the invention includes a generally rectangular housing 102 with sides defining the front, back, left and right sides, top and bottom as illustrated.”).
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 apparatus as taught by Niyama et al with the housing as taught by Gwynn et al. According to MPEP 2143(I)(C), use of a known technique to improve similar devices in the same way may be prima facie obvious. In the case of the instant invention, the prior art of Niyama et al teaches a “base” device with a measuring unit and reagent container storage, upon which the claimed invention can be seen as an ”improvement.” The prior art of Gwynn et al teaches a comparable device that has been improved in the same way, with an overall device housing. One of ordinary skill in the art could have applied the known improvement technique of a device housing in the same way to the base device, for the predictable improvement of an apparatus where individual components are protected in a housing.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALISON CLAIRE GERHARD whose telephone number is (571)270-0945. The examiner can normally be reached M-F, 9:00 - 5:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lyle Alexander can be reached at (571) 272-1254. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALISON CLAIRE GERHARD/Examiner, Art Unit 1797 /LYLE ALEXANDER/Supervisory Patent Examiner, Art Unit 1797
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