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
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. EP 22184076.2, filed on 07/11/2022.
Claim Rejections - 35 USC § 103
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 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.
Claims 1-3, 5-12, 14-16, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okabayashi (US PG-Pub 20110257908 A1), in view of Limbach et al. (US PG-Pub 20210041472 A1).
Regarding claim 1, the examiner is interpreting the “convection generator” to include a heating device and/or a cooling device, where further can include a heating sheet and a cooling sheet, in light of the instant application’s specifications [0052].
Okabayashi teaches an automatic analyzer, capable of obtaining analysis results using reaction liquids with absorbance appropriate for analysis processing. It is capable of determining whether the stirring state is favorable or not (see Okabayashi, Abstract, [0087], Fig. 9). The reaction container 20 (read on the claimed cuvette, see Okabayashi, Fig. 3) has a reaction liquid dispensed within, of which is homogeneously stirred by the stirring section 17 (see Okabayashi, Abstract, [0064], Fig. 1). Okabayashi further teaches a photometry section 18, which includes a light source 18a and light receiving section 18b, positioned at positions facing each other, with the reaction container 20 interposed between. The photometry section 18 measures absorbance of a reaction liquid obtained by combining the reagent and the sample, and the analysis section 33 performs analysis based on the measurement result. The A/D converter 18c converts a signal output from the light receiving section 18b into a digital value, and outputs the digital value to the control section 31 (see Okabayashi, [0073]-[0074], Fig. 2-3).
Okabayashi additionally teaches the control mechanism 3, which comprising an input section 32, an analysis section 33, a determination section 34, a recording section 35, an output section 36, and a transmission and reception section 37. All the components within them mechanism 3 are electrically connected to a control system 31, which is actualized with a CPU and the like, and controls the processing and operations of the respective section of the automatic analyzer 1 (see Okabayashi, [0065]-[0066], Fig. 1). The photometry section 18 measures absorbance twenty-eight times in total for each reaction container 20, including the absorbance of a liquid in the reaction container 20 after the dispensing of a first reagent, and through the dispensing of a sample and the dispensing of a second reagent. The analysis section 33 analyzes the sample based on the absorbance after an elapse of a predetermined time from the time at which the absorbance was measured when the second reagent was dispensed into the reaction container 20 (see Okabayashi, [0077], Fig. 4). The determination section 34 utilizes the metric of standard deviation from any one of the pluralities of absorbances measured by the photometry section 18 for sample analysis. It graphs the change over time in a standard deviation of absorbance in accordance with the stirring state of a reaction liquid, where the curved line corresponding to the change over time in standard deviation can indicate whether the stirring state in a reaction liquid is favorable or not (see Okabayashi, [0069], [0087], Fig. 5-9).
Okabayashi fails to teach a convection generator configured to generate thermal convection of the test liquid in the first cuvette, wherein the thermal convection is generated due to temperature difference caused at least by providing different temperature to the first cuvette.
However, in the analogous art of automatic analyzer and methods for carrying out chemical, biochemical, and/or immunochemical analyses, Limbach et al. teaches an analysis module having a heating plate for the microtiter plate, of which the heating plates are arranged closed to the lower region of the wells of the microtiter plates in order to heat the contents of the wells by convection (see Limbach et al., [0087]). Limbach additionally teaches a variant of the analyzer that has a temperature control unit for setting a predefined measurement temperature, which temperature control unit comprises heating foils which thermally contact individual cuvettes or groups of cuvettes and to which different temperature levels can be applied (see Limbach et al., [0180]). 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 automatic analyzer of Okabayashi to incorporate a heating plate to heat the samples through convection means (as taught by Limbach et al.), for the benefit of preventing hotspots in the sample by having the sample liquid constantly be circulated and heated (see Limbach et al., [0169]).
Regarding claim 2, The combination of Okabayashi and Limbach et al. teaches the exact limitations of Claim 2. Specifically, Okabayashi teaches the apparatus as claimed in claim 1, wherein the at least one metric comprises a status of a stirring function (see Okabayashi et al., [0088], favorable and unfavorable stirring state.), the status comprising one of a success state (see Okabayashi, [0094], Fig. 1, Fig. 10, disclosing a standard deviation judging section 34b to judge as to whether each of a plurality of standard deviations of absorbance, calculated by the standard deviation calculating section 34a, is smaller than the threshold LT (threshold LT is set based on a standard deviation of a plurality of absorbances of a homogeneously-stirred reaction liquid W). If each of the plurality of standard deviations of absorbance is smaller than the threshold LT (step S105: Yes), then the processing proceeds to step S106 and determines the absorbance.); a failure state (see Okabayashi, Fig. 10, [0094]-[0097], disclosing if each of the plurality of standard deviations of absorbance is not smaller than the threshold LT (step S105: No), then the processing proceeds to step S107. It will then move on to the abnormality specifying section 34e to judge if it passes or fails S107 for if the plurality of standard deviations of absorbance decreases over time, S108 for if the number of the standard deviations of absorbance that is smaller than the threshold LT is 2 or greater, or S110 on whether photometry point was used for analysis. If it fails any of the three steps, it will proceed to S109 or S111 depending on where it failed to output information indicating that either the reaction container 20 or the reaction liquid W is abnormal. The process for determining absorbance is then terminated.); and a percentage or a score indicating the success of stirring (see Okabayashi, [0071], [0088], [0089], [0095], [0097], Fig. 9, disclosing various curved lines of standard deviation of absorbance in comparison to the threshold LT, where ideally, a curved line would be completely below the threshold LT, illustrated by L61 of Fig. 9. A favorable curve would be decreasing over time, with a plurality of points below the threshold LT, which would sufficiently pass for measuring absorbance, illustrated by L62 of Fig. 9. An unfavorable curve would not be able to have a plurality of points go below the threshold LT, and depending on how, can either be an abnormality with the reaction chamber 20, or an abnormality with the reaction liquid W, all of which the reporting processing section 34f communicates to the output section 36 to output information indicating the abnormality onto a display).
Regarding claim 3, The combination of Okabayashi and Limbach et al. teaches the exact limitations of Claim 3. Specifically, Okabayshi teaches the apparatus as claimed in claim 1, wherein the processing circuitry is further configured, at least in part, to: calculate the absorbance values based on the output signal (see Okabayashi, [0073], disclosing the photometry section 18 measures absorbance of a reaction liquid obtained by combining the reagent and the sample, and the analysis section 33 performs analysis based on the measurement result); and obtain the photometric data comprising one or more parameters associated with the absorbance values, the one or more parameters being at least one of an absorbance range; at least one inclination of absorbance on a time scale; a convergence time of the absorbance values; and a metric of dispersion associated with the absorbance values (see Okabayashi, [0069], [0087], Fig. 5-9, disclosing the determination section 34 utilizing the metric of standard deviation from any one of the plurality of absorbances measured by the photometry section 18 for sample analysis. It graphs the change over time for absorbance in accordance with the stirring state of a reaction liquid.).
Regarding claim 5, The combination of Okabayashi and Limbach et al. teaches the exact limitations of Claim 3. Specifically, Okabayashi teaches the apparatus as claimed in claim 1, wherein the photometric device comprises: a light source configured to radiate the light onto at least a lower portion of the first cuvette; and a photodetector configured to generate the output signal based at least on electromagnetic spectrum associated with the radiated light (see Okabayashi, [0074], Fig. 2-3, disclosing a photometry section 18 including a light source 18a, a light receiving section 18b and a A/D converted 18c. The light source 18a and light receiving section 18b are positioned at positions facing each other, with a reaction container 20 interposed between. Both are positioned towards the lower section of the reaction container 20, as shown in Figure 3. The A/D converter 18c converts a signal output from the light receiving section 18b into a digital value, and outputs the digital value to the control section 31.).
Regarding claim 6, Okabayashi teaches a stirring section 17, for stirring a sample and a reagent dispensed in a reaction container 20 (see Okabayashi, Fig. 1, [0064]).
Okabayashi fails to teach wherein the stirrer comprises one or more of: a mechanically driven stirring rod, a magnetic stirrer, an ultrasonic stirrer, an electromagnetic wave-based stirrer, and an electrolytic stirrer.
However, Limbach et al. teaches stirring reaction mixtures consisting of samples and reagents in the cuvettes by stationary mechanical stirring (see Limbach et al., [0057], [0060]). 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 stirring section of Okabayashi by incorporating the mechanical stirring (as taught by Limach et al.), for the benefit of maintaining an immovable arrangement for the stationary cuvette arrays, where individual detectors are fixedly assigned to each cuvette, making it not necessary to measure when moving past detectors with a plurality of cuvettes in stop-and-go operation, allowing for more accurate measurements results (see Limbach et al., [0143]).
Regarding claim 7, Okabayashi teaches a reaction table 13 retaining a plurality of reaction containers 20 along the circumference, where a reaction container 20 may be adjacent to at most two other reaction containers 20, as illustrated by Figure 1 (see Okabayashi, [0064], Fig. 1).
The combination of Limbach et al. and Okabayashi fails to teach wherein the second cuvette is configured to hold liquid of a different temperature, thereby resulting in the temperature difference around the first cuvette.
However, Limbach teaches an array of cuvettes, of which a plurality of cuvettes are lined up next to one another in a straight line in an analyzer (see Limbach et al. [0027]-[0028]). A variant of the analyzer that has a temperature control unit for setting a pre-definable measurement temperature, which temperature control unit comprises heating foils which thermally contact individual cuvettes or groups of cuvettes and to which different temperature levels can be applied (see Limbach et al., [0180]). 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 automatic analyzer's reaction table of Okabayashi to incorporate the temperature control unit for individually heating cuvettes to different temperatures (as taught by Limbach et al.), for the benefit of performing multiple steps of immunochemical analysis steps simultaneously within the analyzer (see Limbach et al., [0197]).
Regarding claim 8, Okabayashi teaches a reaction table 13 retaining a plurality of reaction containers 20 along the circumference, where a reaction container 20 may be adjacent to at most two other reaction containers 20, as illustrated by Figure 1 (see Okabayashi, [0064], Fig. 1).
Okabayashi fails to teach wherein second cuvettes arranged on two opposite adjacent sides of the first cuvette are configured to hold liquids of different temperatures, thereby resulting in the temperature difference around the first cuvette.
However, Limbach teaches an array of cuvettes, of which a plurality of cuvettes are lined up next to one another in a straight line in a analyzer (see Limbach et al. [0027]-[0028]). A variant of the analyzer that has a temperature control unit for setting a pre-definable measurement temperature, which temperature control unit comprises heating foils which thermally contact individual cuvettes or groups of cuvettes and to which different temperature levels can be applied (see Limbach et al., [0180]). 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 automatic analyzer's reaction table of Okabayashi to incorporate the temperature control unit for individually heating cuvettes to different temperatures (as taught by Limbach et al.), for the benefit of performing multiple steps of immunochemical analysis steps simultaneously within the analyzer (see Limbach et al., [0197]).
Regarding claim 9, the examiner is interpreting the “convection generator” to include a heating device and/or a cooling device, where further can include a heating sheet and a cooling sheet, in light of the instant application’s specifications [0052].
Okabayashi teaches a reaction table 13 retaining a pluarity of reaction containers 20 along the circumference, where a reaction container 20 may be adjacent to at most two other reaction containers 20, as illustrated by Figure 1 (see Okabayashi, [0064], Fig. 1).
Okabayashi fails to teach wherein the convection generator is configured to generate the temperature difference to liquid contained in the at least one second cuvette for causing thermal convection of the test liquid in the first cuvette, and wherein the convection generator is configured to adjust a temperature of a liquid in one second cuvette of the two adjacent second cuvette more than a first threshold temperature and adjust a temperature of liquid in another second cuvette of the two adjacent second cuvette less than a second threshold temperature.
However, Limbach teaches an array of cuvettes, of which a plurality of cuvettes are lined up next to one another in a straight line in a analyzer (see Limbach et al. [0027]-[0028]). A variant of the analyzer that has a temperature control unit for setting a pre-definable measurement temperature, which temperature control unit comprises heating foils which thermally contact individual cuvettes or groups of cuvettes and to which different temperature levels can be applied (see Limbach et al., [0180]).
A heating foil is structurally indistinguishable from a heating sheet of the thermal generator, in light of the instant specification, and the effect it would have on the different cuvette’s temperature and the resulting thermal convection in the first would be the same. Therefore, 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 automatic analyzer's reaction table of Okabayashi to incorporate the temperature control unit and heating foil for individually heating cuvettes to different temperatures (as taught by Limbach et al.), for the benefit of performing multiple steps of immunochemical analysis steps simultaneously within the analyzer (see Limbach et al., [0197]).
Regarding claim 10, the combination of Okabayashi and Limbach et al. teaches the exact limitations of claim 10. Specifically, Okabayashi teaches wherein the test liquid includes a combination of a specimen and a reagent or a combination of water and dye (see Okabayashi, [0063], Fig. 1, discloses dispensing and combining a reagent and sample into a reaction container 20.).
Regarding claim 11, the combination of Okabayashi and Limbach et al. teaches the exact limitations of claim 11. Specifically, Okabayashi teaches wherein the processing circuitry is further configured, at least in part, to determine the photometric data associated with absorbance values calculated at a plurality of time instances in a predetermined time period (see Okabayashi, [0078]-[0079], Fig. 1, Fig. 5, disclosing a graph illustrating the change over time in absorbance of a reaction liquid W measured a plurality of times by the photometry section 18 at any one time a reaction container 20 passes in between the light source 18a and the light receiving section 18b. The reaction container holding the reaction liquid W passes through the photometry section 18 during the time t1 to time t8 with the rotation of the reaction table 13.).
Regarding claim 12, the combination of Okabayashi and Limbach et al. teaches the exact limitations of claim 12. Specifically, Okabayashi teaches wherein the predetermined time period comprises: a time period of stirring of the test liquid, a time period of convection of the test liquid, a time period of rotation of the reaction container, a threshold time after the reaction container stops rotating, or any combination thereof (see Okabayashi, [0079], Fig. 1, Fig. 5, The reaction container holding the reaction liquid W passes through the photometry section 18 during the time t1 to time t8 with the rotation of the reaction table 13.).
Note: The examiner is interpreting the “convection generator” to include a heating device and/or a cooling device, where further can include a heating sheet and a cooling sheet, in light of the instant application’s specifications [0052].
Regarding claim 14, the examiner is interpreting the “convection generator” to include a heating device and/or a cooling device, where further can include a heating sheet and a cooling sheet, in light of the instant application’s specifications [0052].
Okabayashi teaches an automatic analyzer, capable of obtaining analysis results using reaction liquids with absorbance appropriate for analysis processing. It is capable of determining whether the stirring state is favorable or not (see Okabayashi, Abstract, [0087], Fig. 9). The reaction container 20 (resembling a cuvette, see Okabayashi, Fig. 3) has a reaction liquid dispensed within, of which is homogeneously stirred by the stirring section 17 (see Okabayashi, Abstract, [0064], Fig. 1). Okabayashi further teaches a photometry section 18, which includes a light source 18a and light receiving section 18b, positioned at positions facing each other, with the reaction container 20 interposed between. The photometry section 18 measures absorbance of a reaction liquid obtained by combining the reagent and the sample, and the analysis section 33 performs analysis based on the measurement result. The A/D converter 18c converts a signal output from the light receiving section 18b into a digital value, and outputs the digital value to the control section 31 (see Okabayashi, [0073]-[0074], Fig. 2-3). Okabayashi additionally teaches the control mechanism 3, which comprising an input section 32, an analysis section 33, a determination section 34, a recording section 35, an output section 36, and a transmission and reception section 37. All the components within them mechanism 3 are electrically connected to a control system 31, which is actualized with a CPU and the like, and controls the processing and operations of the respective section of the automatic analyzer 1 (see Okabayashi, [0065]-[0066], Fig. 1). The photometry section 18 measures absorbance twenty-eight times in total for each reaction container 20, including the absorbance of a liquid in the reaction container 20 after the dispensing of a first reagent, and through the dispensing of a sample and the dispensing of a second reagent. The analysis section 33 analyzes the sample based on the absorbance after an elapse of a predetermined time from the time at which the absorbance was measured when the second reagent was dispensed into the reaction container 20 (see Okabayashi, [0077], Fig. 4). The determination section 34 utilizes the metric of standard deviation from any one of the pluralities of absorbances measured by the photometry section 18 for sample analysis. It graphs the change over time in a standard deviation of absorbance in accordance with the stirring state of a reaction liquid, where the curved line corresponding to the change over time in standard deviation can indicate whether the stirring state in a reaction liquid is favorable or not (see Okabayashi, [0069], [0087], Fig. 5-9). Furthermore, Okabayashi teaches that the control section 31 and determination section 34, using a series of steps, judges whether the standard deviation of absorbance found in a plurality of photometry points is found to have a plurality of points smaller than the threshold LT. The favorability of stirring can be determined if a plurality of points is below the threshold LT, while stirring is unfavorable if there isn't a plurality of points below the threshold LT. An report is put into the output section 36 indicating the type of abnormality found if steps are failed, and the process is terminated (see Okabayashi, [0087]-[0088], [0091]-[0097], Fig. 9-10).
Okabayashi fails to teach a convection generator configured to generate thermal convection of the test liquid in the first cuvette, wherein the thermal convection is generated due to temperature difference caused at least by providing different temperature to the first cuvette.
However, Limbach et al. teaches an analysis module having a heating plate for the microtiter plate, of which the heating plates are arranged closed to the lower region of the wells of the microtiter plates in order to heat the contents of the wells by convection (see Limbach et al., [0087]). Limbach additionally teaches a variant of the analyzer that has a temperature control unit for setting a pre-definable measurement temperature, which temperature control unit comprises heating foils which thermally contact individual cuvettes or groups of cuvettes and to which different temperature levels can be applied (see Limbach et al., [0180]). 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 automatic analyzer of Okabayashi to incorporate a heating plate to heat the samples through convection means (as taught by Limbach et al.), for the benefit of preventing hotspots in the sample by having the sample liquid constantly be circulated and heated (see Limbach et al., [0169]).
Regarding claim 15, The combination of Okabayashi and Limbach et al. teaches the exact limitations of claim 15. Specifically, Okabayashi teaches the method as claimed in claim 14, wherein determining the photometric data comprises: calculating the absorbance values based on the output signal (see Okabayashi, [0073], disclosing the photometry section 18 measures absorbance of a reaction liquid obtained by combining the reagent and the sample, and the analysis section 33 performs analysis based on the measurement result); and obtaining the photometric data comprising one or more parameters associated with the absorbance values, the one or more parameters being at least one of an absorbance range, at least one inclination of absorbance on a time scale, a convergence time of the absorbance values, and a metric of dispersion of the electromagnetic spectrum associated with the absorbance values (see Okabayashi, [0069], [0087], Fig. 5-9, disclosing the determination section 34 utilizing the metric of standard deviation from any one of the plurality of absorbances measured by the photometry section 18 for sample analysis. It graphs the change over time for absorbance in accordance with the stirring state of a reaction liquid.).
Regarding claim 16, The combination of Okabayashi and Limbach et al. teaches the exact limitations of claim 16. Specifically, Okabayashi teaches the apparatus as claimed in claim 2, wherein the processing circuitry is further configured, at least in part, to: calculate the absorbance values based on the output signal (see Okabayashi, [0073], disclosing the photometry section 18 measures absorbance of a reaction liquid obtained by combining the reagent and the sample, and the analysis section 33 performs analysis based on the measurement result); and obtain the photometric data comprising one or more parameters associated with the absorbance values, the one or more parameters being at least one of an absorbance range; at least one inclination of absorbance on a time scale; a convergence time of the absorbance values; and a metric of dispersion associated with the absorbance values (see Okabayashi, [0069], [0087], Fig. 5-9, disclosing the determination section 34 utilizing the metric of standard deviation from any one of the plurality of absorbances measured by the photometry section 18 for sample analysis. It graphs the change over time for absorbance in accordance with the stirring state of a reaction liquid.).
Regarding claim 18, Okabayashi teaches a stirring section 17, for stirring a sample and a reagent dispensed in a reaction container 20 (see Okabayashi, Fig. 1, [0064]).
Okabayashi fails to teach wherein the stirrer comprises one or more of: a mechanically driven stirring rod, a magnetic stirrer, an ultrasonic stirrer, an electromagnetic wave-based stirrer, and an electrolytic stirrer.
However, Limbach et al. teaches stirring reaction mixtures consisting of samples and reagents in the cuvettes by stationary mechanical stirring (see Limbach et al., [0057], [0060]). 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 stirring section of Okabayashi by incorporating the mechanical stirring (as taught by Limach et al.), for the benefit of maintaining an immovable arrangement for the stationary cuvette arrays, where individual detectors are fixedly assigned to each cuvette, making it not necessary to measure when moving past detectors with a plurality of cuvettes in stop-and-go operation, allowing for more accurate measurements results (see Limbach et al., [0143]).
Regarding claim 19, the combination of Okabayashi and Limbach et al. teaches the exact limitations of claim 19. Specifically, Okabayashi teaches the apparatus as claimed in the claim 2, wherein the test liquid includes a combination of a specimen and a reagent or a combination of water and dye (see Okabayashi, [0063], Fig. 1, discloses dispensing and combining a reagent and sample into a reaction container 20.).
Regarding claim 20, The combination of Okabayashi and Limbach et al. teaches the exact limitations of claim 19. Specifically, Okabayashi teaches the apparatus as claimed in the claim 2, wherein the test liquid includes a combination of a specimen and a reagent or a combination of water and dye (see Okabayashi, [0063], Fig. 1, discloses dispensing and combining a reagent and sample into a reaction container 20.).
Claims 4 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Okabayashi and Limbach et al. as applied to claims 1 and 2 above, and further in view of Trauner et al. (US PG-Pub 20040076946 A1).
Regarding claim 4, Okabayashi teaches a stirring section 17, for stirring a sample and a reagent dispensed in a reaction container 20 (see Okabayashi, Fig. 1, [0064]). Okabayashi additionally teaches determination of favorable stirring of reaction liquid W, by calculating and graphing the standard deviation of absorbance of each photometry point, and comparing that value to the threshold LT found from the standard deviation of a plurality of absorbances of a homogenously-stirred reaction liquid W (see Okabayashi, [0088]). The control section 31 and determination section 34, using a series of steps, judges whether the standard deviation of absorbance found in a plurality of photometry points is found to have a plurality of points smaller than the threshold LT. The favorability of stirring can be determined if a plurality of points is below the threshold LT, while stirring is unfavorable if there isn't a plurality of points below the threshold LT see Okabayashi, [0091]-[0097], Fig. 9-10).
The combination of Okabayashi and Limbach fails to teach wherein the processing circuitry is further configured, at least in part, to: determine an optimum stirring rate based at least on the result of the stirring quality determined by the processing circuitry; and transmit a control signal to operate the stirrer for agitating the test liquid based at least on the optimum stirring rate.
However, in the analogous art of integrated barrel-mounted wine laboratory and winemaking apparatus, Trauner et al. teaches a stirring mechanism, wherein based on the optical scattering data acquired by optical sensors in the rod 20, the computer sends instructions to the microprocessor 56 in the lab 14 that directs the power supply 58 to drive the motor 52 engaging the gear assembly 54 to move the stirring rod 20 to agitate the wine 5. This feedback-controlled system varies the rate and frequency of stirring to achieve the optimal user desired suspension of sedimentation in the wine correlating with the optical scattering properties (see Trauner et al., [0084], Fig. 3). 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 stirring section and the favorability of stirring found in Okabayashi, to incoporate a feedback-controlled system for stirring (as taught by Trauner et al.), for the benefit of continuous monitoring of a fluid's properties while stirring, and adjusting the stirring rate parameters in accordance to current properties (see Trauner et al., [0057]-[0058], [0060]).
Regarding claim 17, Okabayashi teaches a stirring section 17, for stirring a sample and a reagent dispensed in a reaction container 20 (see Okabayashi, Fig. 1, [0064]). Okabayashi additionally teaches determination of favorable stirring of reaction liquid W, by calculating and graphing the standard deviation of absorbance of each photometry point, and comparing that value to the threshold LT found from the standard deviation of a plurality of absorbances of a homogenously-stirred reaction liquid W (see Okabayashi, [0088]). The control section 31 and determination section 34, using a series of steps, judges whether the standard deviation of absorbance found in a plurality of photometry points is found to have a plurality of points smaller than the threshold LT. The favorability of stirring can be determined if a plurality of points is below the threshold LT, while stirring is unfavorable if there isn't a plurality of points below the threshold LT see Okabayashi, [0091]-[0097], Fig. 9-10).
The combination of Okabayashi and Limbach fails to teach wherein the processing circuitry is further configured, at least in part, to: determine an optimum stirring rate based at least on the result of the stirring quality determined by the processing circuitry; and transmit a control signal to operate the stirrer for agitating the test liquid based at least on the optimum stirring rate.
However, Trauner et al. teaches a stirring mechanism, wherein based on the optical scattering data acquired by optical sensors in the rod 20, the computer sends instructions to the microprocessor 56 in the lab 14 that directs the power supply 58 to drive the motor 52 engaging the gear assembly 54 to move the stirring rod 20 to agitate the wine 5. This feedback-controlled system varies the rate and frequency of stirring to achieve the optimal user desired suspension of sedimentation in the wine correlating with the optical scattering properties (see Trauner et al., [0084], Fig. 3). 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 stirring section and the favorability of stirring found in Okabayashi, to incorporate a feedback-controlled system for stirring (as taught by Trauner et al.), for the benefit of continuous monitoring of a fluid's properties while stirring, and adjusting the stirring rate parameters in accordance to current properties (see Trauner et al., [0057]-[0058], [0060]).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Okabayashi and Limbach et al. as applied to claim 1 above, and further in view of Yamashita et al. (US PG-Pub 20150033831 A1).
Regarding claim 13, Okabayashi teaches that the light source irradiates light onto a reaction container containing a reaction liquid, and the light receiving section calculates the absorbance based on the amount of light transmitted through the reaction liquid in the reaction container and received by the light receiving section, thereby analyzing the sample (see Okabayashi, [0002]).
The combination of Okabayashi and Limbach fails to teach that light is scattered through the first cuvette.
However, in the analogous art of automatic analyzer, Yamashita et al. teaches a multi-wavelength light source that irradiates with multi-wavelength light a reaction cuvette containing a liquid mixture of a sample to be analyzed and a reagent; means that detects the amount of light transmitted through the reaction cuvette and internal contents of the reaction cuvette (see Yamashita et al., [0007]). Yamashita additionally teaches a single-wavelength light source that irradiates the reaction cuvette with single-wavelength light; and means that detects the amount of single-wavelength light scattered from the reaction cuvette and the internal contents of the reaction cuvette (see Yamashita et al., [0007]).
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 light irradiation and receiver section of Okabayashi by incorporating the single wavelength light source and a detector for obtaining the amount of scattered light from the reaction cuvette (as taught by Yamashita), for the benefit of suppressing the decrease in analytical accuracy (see [0008]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tracy C Colena whose telephone number is (571)272-1625. The examiner can normally be reached Mon-Thus 8:00am-5:00pm.
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/TRACY CHING-TIAN COLENA/Examiner, Art Unit 1797 /LYLE ALEXANDER/Supervisory Patent Examiner, Art Unit 1797