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 .
Information Disclosure Statement
No IDS has been filed in this application. Applicant is reminded that each individual associated with the filing and prosecution of a patent application has a duty of candor and good faith in dealing with the U.S. Patent and Trademark Office, which includes a duty to disclose to the Office all information known to that individual to be material to patentability. 37 CFR 1.56.
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 1-6 and 9-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Angros et al. (hereinafter Angros) US 2006/0275889.
Regarding claim 1, Angros discloses a machine body ( reaction module 110 and reaction compartment 112) with a bottom plate (slide support element 114) for placing a non-porous substrate (slide 140); and a coater module (reagent strip 10 and reagent strip support device 116) provided above the machine body and capable of maintaining a preset height for moving along a surface of the non-porous substrate as shown in at least Figs. 23-29, wherein the coater module has one or more slits (The reaction module 110 also comprises a dispenser plunger 154 (also referred to herein as a dispensing element), which has a dispensing canal 156 therein for allowing passage of another reagent or solution therethrough preferably from a remote source. [0170]; and The reagent strip support device 116 preferably has an injector port orifice 124 for receiving at least a portion of an injector nozzle 46 from a reagent container 14 of the reagent strip 10 during use thereof. [0172]), a target liquid can be directly injected or sucked in through the slit from an exterior of the coater module [0308 and 0319], and the target liquid is coated on a surface of the non-porous substrate when the coater module moves along the non-porous substrate (Also before operation the reagent strip 10 (or any other reagent strip described or enabled herein) is inserted into the reagent strip support device 116, for example, inserting the first end 22 of the reagent strip 10 into the front end of 126 of the reagent strip support device 116, wherein during operation the reagent strip 10 is moved in a direction toward the rear end 128 of the reagent strip support device 116. [0170]), and wherein the surface of the non-porous substrate has a target to be coated [0104 and 0129]. Also see whole document.
Regarding claim 2, Angros discloses wherein the coater module is connected to a cleaning solution storage tank (reagent containers 14, [0139]; and rinse solution reservoir (not shown) [0172]).
Regarding claim 3, Angros discloses wherein the coater module has a slit (rinse port apertures 32) as a first cleaning solution flow channel [0146].
Regarding claim 4, Angros discloses wherein the bottom plate (slide support element 114) is indirectly connected to a cleaning solution storage tank (rinse solution reservoir (not shown) [0172]).
Regarding claim 5, Angros discloses wherein the bottom plate is provided with a second cleaning solution flow channel (reagent conduit 122) [0170 and 0172].
Regarding claim 6, Angros discloses a waste liquid storage tank, and the waste liquid storage tank is connected to the bottom plate for liquid discharge (The slide support element 114 also preferably has a drainage port 146 for receiving and draining reagents and waste liquids from the reaction compartment 112. In a preferred embodiment the apparatus of the present invention has a waste container (not shown) which can be connected to all the reaction modules 110 by a fitting that can join multiple tubes or conduits. 0170 and 0187]). Also see [0172],
Regarding claim 9, Angros discloses a temperature control device provided adjacent the bottom plate (The slide support element 114 comprises a heating element 136 upon which a slide 140 is placed. [0169]). Also see [0119].
Regarding claim 10, Angros discloses wherein the coater module is arranged with multiple non-porous substrates to form one or more slits [0104, 0118 and 0126].
Regarding claim 11, the staining apparatus of Angros is capable of being used for immunostaining, immunohistochemical staining, immunofluorescent staining, or cell imprint staining. See abstract and [0104 and 0182]
Regarding claim 12, Angros discloses wherein the non-porous substrate is a glass slide, plastic, non-metal or metal [0123, 0169 and 0185].
Regarding claim 13, Angros discloses wherein the target liquid comprises antibodies, molecular probes, drugs, or cells [0105 and 0214].
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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Angros US 2006/0275889 as applied to claims 1-6 and 9-13 above.
Regarding claim 8, Angros discloses further comprising a temperature control device (The reaction module 110 may further comprise a thermocouple or other temperature measuring device for measuring temperatures of the slide or other components therein. [0170]).
However, Angros does not expressly state that the temperature control device is provided on one or both sides of the coater.
Absent unexpected results, it would have been prima facie obvious to one of ordinary skill in the art to provide the temperature control device on one or both sides of the coater, since it has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP §2144.04 (VI-C).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Angros US 2006/0275889 as applied to claims 1-6 and 8-13 above, and further in view of Dadgar et al. (hereinafter Dadgar) US 2020/0332243.
Regarding claim 7, Angros does not disclose wherein the bottom plate is further provided with an oscillator.
Dadgar discloses a cell preparation device comprising a bottom plate (platform 102) is further provided with a shaker plate 304 mounted on a top surface of the platform [0078-0079].
The shaker plate of Dadgar has been interpreted as a functional equivalent to that of an oscillator.
Absent unexpected results, it would have been prima facie obvious to one of ordinary skill in the art to modify Angros with the shaker plate as taught by Dadgar in order to ensure constant gentle mixing of the samples. This is crucial for reducing non-specific antibody binding and achieving optimal results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Rozhok et al. US 2019/0212234 and Li CN 111579339.
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/LYDIA EDWARDS/Primary Examiner, Art Unit 1796
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