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
The information disclosure statement (IDS) submitted on 9/19/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Status
Claims 1-10 are pending and being examined.
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 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.
Claim(s) 1-10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ishuizuka et al (US 20230304070 A1; hereinafter “Ishuizuka”; priority filed on 9/1/2020).
Regarding claim 1, Ishuizuka teaches an analysis system equipped with a pretreatment apparatus for executing a pretreatment of a sample contained in a sample container (Ishuizuka; Abstract), the analysis system comprising:
a placement member having a placement surface for placing the sample container thereon (Ishuizuka; Fig. 9, 10; para [54]; The stage unit 103 has an injection opening at a position where the flow cell 800 is mounted; the stage unit is interpreted as the placement member and the placement surface is interpreted as the top surface of the stage unit); and
an arm mechanism configured to move the sample container (Ishuizuka; Fig. 2, 9; para [58, 104]; a gripper (holding mechanism) 209 mounted in the pretreatment part 200 of the pretreatment integrated nucleic acid analysis device according to the embodiment of the invention, and show an upper surface of the pretreatment part 200…the flow cell 800 held by the gripper 209 is conveyed to the stage unit 103),
wherein the placement member has a positioning portion for positioning the sample container on the placement surface (Ishuizuka; Fig. 9, 10; para [104]; the stage unit 103 include the positioning pins corresponding to the positioning holes 801), and
wherein the arm mechanism is configured to move the sample container placed on the placement surface to the positioning portion to place the sample container at a reference position on the placement surface1 (Ishuizuka; Fig. 9, 10; para [107, 108]; the examiner interprets the reference position as the position prior to the flow cell contacting the stage unit 103).
1 The limitations are directed to the function and/or the manner of operating the arm mechanism, all the structural limitations of the claim has been disclosed by Ishuizuka and the arm mechanism of Ishuizuka is capable of being “configured to move the sample container placed on the placement surface to the positioning portion to place the sample container at a reference position on the placement surface”. As such, it is deemed that the claimed arm mechanism is not differentiated from the arm mechanism of Ishuizuka (see MPEP §2114).
Regarding claim 2, Ishuizuka teaches the analysis system as recited in claim 1,
wherein the arm mechanism includes a conveyance mechanism for conveying the sample container to the placement surface (Ishuizuka; Fig. 9, 10; para [17]; A gripper that holds the conveyance object is provided below a Z-axis, and a region that can be held by the gripper and a range within which the conveyance object can be conveyed are determined by a stroke of a drive mechanism that drives X- and Y-axes), and
wherein the arm mechanism is configured to convey the sample container to the placement surface by the conveyance mechanism and then place the sample container at the reference position on the placement surface2 (Ishuizuka; Fig. 9, 10; para [107, 108]).
2 The limitations are directed to the function and/or the manner of operating the arm mechanism, all the structural limitations of the claim has been disclosed by Ishuizuka and the arm mechanism of Ishuizuka is capable of being “configured to convey the sample container to the placement surface by the conveyance mechanism and then place the sample container at the reference position on the placement surface”. As such, it is deemed that the claimed arm mechanism is not differentiated from the arm mechanism of Ishuizuka (see MPEP §2114).
Regarding claim 3, Ishuizuka teaches the analysis system as recited in claim 1, wherein the positioning portion is configured by a positioning member provided on the placement surface (Ishuizuka; Fig. 9, 10; para [104]; the positioning pin 901 is inserted into the positioning hole 801; examiner interprets the positioning member as the positioning pin), the positioning member being configured to come into contact with the sample container when the sample container is positioned at the reference position3 (Ishuizuka; Fig. 9, 10; para [107, 108]).
3 The limitations are directed to the function and/or the manner of operating the positioning member, all the structural limitations of the claim has been disclosed by Ishuizuka and the arm mechanism of Ishuizuka is capable of being “configured to come into contact with the sample container when the sample container is positioned at the reference position”. As such, it is deemed that the claimed positioning member is not differentiated from the positioning member of Ishuizuka (see MPEP §2114).
Regarding claim 4, Ishuizuka teaches the analysis system as recited in claim 1, wherein the positioning portion is configured by a pin-shaped projection member (Ishuizuka; Fig. 9, 10; para [104]; the positioning pin 901 is inserted into the positioning hole 801).
Regarding claim 5, Ishuizuka teaches the analysis system as recited in claim 1, wherein the positioning portion includes
a first positioning portion for determining a position of the sample container with respect to a first direction in an in-plane direction of the placement surface (Ishuizuka; Fig. 10; para [107, 108]; As the gripper 209 is lowered, a tapered part of the positioning pin 901 comes into contact with the guide member 1001. Since the positioning pin 901 includes the taper, the flow cell 800 is provided along the taper), and
a second positioning portion for determining a position of the sample container with respect to a second direction that intersects the first direction in the in-plane direction of the placement surface (Ishuizuka; Fig. 10; para [107, 108]; In a case where there is a deviation in the plane direction when the flow cell 800 is provided on the stage unit 103, the flow cell case 805 moves along the taper of the positioning pin 901),
wherein the arm mechanism is configured to move the sample container in the first direction so that the sample container comes into contact with the first positioning portion and then move the sample container in the second direction so that the sample container positioned at the first positioning portion comes into contact with the second positioning portion as well4 (Ishuizuka; Fig. 10; para [107, 108]).
4 The limitations are directed to the function and/or the manner of operating the arm mechanism, all the structural limitations of the claim has been disclosed by Ishuizuka and the arm mechanism of Ishuizuka is capable of being “configured to move the sample container in the first direction so that the sample container comes into contact with the first positioning portion and then move the sample container in the second direction so that the sample container positioned at the first positioning portion comes into contact with the second positioning portion as well”. As such, it is deemed that the claimed arm mechanism is not differentiated from the arm mechanism of Ishuizuka (see MPEP §2114).
Regarding claim 6, Ishuizuka teaches the analysis system as recited in claim 1,
wherein the arm mechanism includes a gripper arm for gripping the sample container (Ishuizuka; para [76]; the gripper 209 includes a grip arm 302 that holds the plate, the flow cell, or the like),
wherein the arm mechanism is configured to convey the sample container to the placement surface by using the gripper arm and then place the sample container at the reference position on the placement surface5 (Ishuizuka; Fig. 10; para [107, 108]),
wherein the gripper arm includes a first gripper and a second gripper, the first gripper and the second gripper being configured to grip the sample container by pinching the sample container (Ishuizuka; Fig. 4A; para [76]; the gripper 209 includes a grip arm 302 that holds the plate, the flow cell, or the like), and
wherein the arm mechanism is configured to move the sample container with at least one of the first gripper and the second gripper so that the sample container comes into contact with the first positioning portion and the second positioning portion5 (Ishuizuka; Fig. 10; para [104, 107, 108]; the flow cell 800 held by the gripper 209 is conveyed to the stage unit 103).
5 The limitations are directed to the function and/or the manner of operating the arm mechanism, all the structural limitations of the claim has been disclosed by Ishuizuka and the arm mechanism of Ishuizuka is capable of being “configured to convey the sample container to the placement surface by using the gripper arm and then place the sample container at the reference position on the placement surface” and “configured to move the sample container with at least one of the first gripper and the second gripper so that the sample container comes into contact with the first positioning portion and the second positioning portion”. As such, it is deemed that the claimed arm mechanism is not differentiated from the arm mechanism of Ishuizuka (see MPEP §2114).
Regarding claim 7, Ishuizuka teaches the analysis system as recited in claim 6,
wherein the first gripper and the second gripper each includes
a contact portion configured to come into contact with the sample container when the sample container is gripped between the first gripper and the second gripper (Ishuizuka; Fig. 4A; para [76]; a grip arm 302 that holds the plate, the flow cell, or the like), and
a protrusion provided to protrude toward a space formed between the first gripper and the second gripper (Ishuizuka; Fig. 4A; the examiner interprets the protrusions to be the extended portions as seen in Fig. 4A protruding from the grip arm 302),
wherein the arm mechanism is configured to move the sample container in the first direction by moving the first gripper in the first direction in a state in which the sample container is in contact with a contact portion of the first gripper, and move the sample container in the second direction by moving the first gripper and the second gripper in the second direction in a state in which the sample container is in contact with the protrusion of the first gripper and the protrusion of the second gripper6 (Ishuizuka; para [76-80]; examiner notes the Ishuizuka teaches that the gripper arms and the gripper comprises actuators that move parts in the X, Y, Z, and θ direction).
6 The limitations are directed to the function and/or the manner of operating the arm mechanism, all the structural limitations of the claim has been disclosed by Ishuizuka and the arm mechanism of Ishuizuka is capable of being “configured to move the sample container in the first direction by moving the first gripper in the first direction in a state in which the sample container is in contact with a contact portion of the first gripper, and move the sample container in the second direction by moving the first gripper and the second gripper in the second direction in a state in which the sample container is in contact with the protrusion of the first gripper and the protrusion of the second gripper”. As such, it is deemed that the claimed arm mechanism is not differentiated from the arm mechanism of Ishuizuka (see MPEP §2114).
Regarding claim 8, Ishuizuka teaches the analysis system as recited in claim 7, wherein the protrusion of each of the first gripper and the second gripper constitutes a mechanism for retaining the sample container between the first gripper and the second gripper when the sample container is dropped from the contact portion of the first gripper and the contact portion of the second gripper during conveyance of the sample container (Ishuizuka; Fig. 10). The examiner interprets the protrusion as the area extending from the grip arm where the flow cell is held. The limitation “dropped from the t contact portion of the first gripper and the contact portion of the second gripper during conveyance of the sample container” is directed to the function and/or the manner of operating the mechanism. As such, it is deemed that the claimed mechanism is not differentiated from the mechanism of Ishuizuka (see MPEP §2114).
Regarding claim 9, Ishuizuka teaches the analysis system as recited in claim 7, wherein the protrusion of each of the first gripper and the second gripper is connected to an elastic member exerting a biasing force in the second direction (Ishuizuka; Fig. 10 para [76]; an elastic body 305 that connects the translation parts 303 and the grip arm 302).
Regarding claim 10, Ishuizuka teaches the analysis system as recited in claim 9, wherein the elastic member is configured by a leaf spring (Ishuizuka; Fig. 10 para [76]; an elastic body 305 that connects the translation parts 303 and the grip arm 302). The limitation is directed to the function and/or the manner of operating the elastic member, all the structural limitations of the claim has been disclosed by Ishuizuka and the elastic member of Ishuizuka is capable of being “configured by a leaf spring”. As such, it is deemed that the claimed elastic member is not differentiated from the elastic member of Ishuizuka (see MPEP §2114). Examiner notes that the leaf spring is not a positively recited element and is intended use of the elastic member, thus not required.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Austin Q Le whose telephone number is (571)272-7556. The examiner can normally be reached Monday - Friday 9am - 5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Elizabeth Robinson can be reached at (571)272-7129. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/A.Q.L./Examiner, Art Unit 1796
/ELIZABETH A ROBINSON/Supervisory Patent Examiner, Art Unit 1796