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 .
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 1-8, 10-11, 13, 15-18, 20-26, 29 and 31 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wilson (WO 2012/012779).
Regarding claim 1, Wilson discloses an input module comprising:
a carrier shelf (608) for receiving and supporting a carrier (620) holding a plurality of receptacles (616) (Fig.2a);
a retrieval dock (640) adjacent the carrier shelf and configured to receive one receptacle from a carrier (620) supported on the carrier shelf (608) and present the receptacle for removal from the input module by a receptacle transport apparatus (Fig.2a, Para.227); and
a pusher (617) configured to push one or more receptacles (616) held on the carrier supported on the carrier shelf to one end of the carrier and to push one receptacle at a time off the end of the carrier and onto the retrieval dock (Fig.2a).
Regarding claim 2, Wilson further discloses the pusher comprises: a pusher carriage coupled to a pusher track and configured to translate bi-directionally along the track; and a pusher arm projecting from the pusher carriage (Fig.2b, Para.222-223).
Regarding claim 3, Wilson further discloses the pusher arm comprises: an upright portion extending upwardly from the pusher carriage; a lateral portion extending laterally from an end of the upright portion; and a contact portion extending downwardly from the lateral portion (Fig.2b).
Regarding claim 4, Wilson further discloses a carrier supported on the carrier shelf includes a pair of parallel support rails for slidably supporting a plurality of receptacles thereon with at least a portion of each receptacle disposed between the support rails, and wherein the contact portion is aligned with a gap between the support rails so that as the pusher translates along the pusher track, the contact portion moves between the support rails and contacts the portion of the receptacle that is disposed between the support rails (Fig.2b, Para.220).
Regarding claim 5, Wilson further discloses the receptacle comprises a plurality of cylindrical tubes connected to one another by a connecting rib structure defining a downwardly facing shoulder, wherein at least one of the cylindrical tubes is disposed between the support rails and a portion of the downwardly-facing shoulder is supported on top of the support rails (Fig.4a-1,4a-2).
Regarding claim 6, Wilson further discloses the pusher further comprises: a pusher drive belt attached to the pusher carriage; and a pusher motor coupled to the pusher drive belt for effecting powered translation of pusher carriage along the pusher track (Para.226, Fig.2a).
Regarding claim 7, Wilson further discloses a sensor configured to detect when one of the receptacles has been pushed onto the retrieval dock (Fig.2a, Para.229).
Regarding claim 8, Wilson further discloses a guide plate adjacent the retrieval dock and configured to align the receptacle on the retrieval dock with a receptacle transport apparatus (640, Fig.2a)
Regarding claim 10, Wilson further discloses
a position encoder for detecting a longitudinal position of the pusher; and
a controller configured to receive longitudinal position data from the position encoder and to determine the number of receptacles held on a carrier supported on the carrier shelf when the pusher is positioned in contact with an end-most receptacle of one or more receptacles held on the carrier (Fig.2a, Para.229).
Regarding claim 11, Wilson further discloses a pusher home sensor configured to detect when the pusher has moved to a home position (Fig.2a, Para.229).
Regarding claim 13, Wilson discloses a method for determining the number of receptacles supported by a carrier, the method comprising:
a) placing the carrier (620) with one or more receptacles (616) supported thereby on a carrier shelf (608);
b) pushing the one or more receptacles to one end of the carrier with a packer positioned adjacent the carrier shelf;
c) detecting a longitudinal position of the packer when the one or more receptacles have been pushed to the one end of the carrier (Fig.2a, Para.229); and
d) determining the number of receptacles held on the carrier based on the longitudinal position of the packer (Fig.2a, Para.229).
Regarding claim 15, Wilson further discloses the packer comprises
a packer carriage (612) coupled to a packer track (654) and configured to translate bi-directionally along the track;
a contact portion projecting from the packer carriage (Fig.2b);
a packer drive belt attached to the packer carriage (Para.226); and
a packer motor coupled to the packer drive belt for effecting powered translation of the packer carriage along the packer track (Para.226).
Regarding claim 16, Wilson further discloses
step c) comprises detecting output of the packer motor by a rotary encoder coupled to the packer motor or detecting output of the packer motor by motor steps (Fig.2a, Para.229).
Regarding claim 17, Wilson discloses a method for packing a plurality of receptacles supported by a carrier, the method comprising:
a) placing the carrier (620) with a plurality of receptacles supported thereby on a carrier shelf (608);
b) contacting an end-most one of the receptacles with a packer (617) positioned adjacent the carrier shelf, wherein the packer comprises a packer carriage (612) coupled to a packer track (654) and configured to translate bi-directionally along the track and a contact portion projecting from the packer carriage; and
c) pushing the plurality of receptacles to one end of the carrier with the packer to pack the receptacles in a stack (Para.224-226).
Regarding claim 18, Wilson further discloses a carrier supported on the carrier shelf includes a pair of parallel support rails (Fig.2a) for slidably supporting a plurality of receptacles thereon with at least a portion of each receptacle disposed between the support rails, and
wherein step c) comprises contacting an end-most one of the receptacles with the packer by aligning the contact portion with a gap between the support rails so that as the packer carriage translates along the packer track (654), the contact portion moves between the support rails and contacts the portion of the end-most receptacle that is disposed between the support rails (Fig.2a).
Regarding claim 20, Wilson further discloses the receptacle comprises a plurality of cylindrical tubes connected to one another by a connecting rib structure defining a downwardly facing shoulder, wherein at least one of the cylindrical tubes is disposed between the support rails and a portion of the downwardly-facing shoulder is supported on top of the support rails (Fig.2a).
Regarding claim 21, Wilson further discloses the packer further comprises a horizontal portion that contacts a portion of the end-most receptacle extending above the support rails to keep the receptacles generally perpendicular to a longitudinal direction of the support rails (Fig.2a).
Regarding claim 22, Wilson further discloses the packer (617) further comprises: a packer drive belt (Para.226) attached to the packer carriage (612); and a packer motor coupled to the packer drive belt (Para.226) for effecting powered translation of packer carriage along the packer track (654).
Regarding claim 23, Wilson further discloses detecting a longitudinal position of the packer during step c); and determining the number of receptacles held on the carrier based on the longitudinal position of the packer (Para.229).
Regarding claim 24, Wilson further discloses the packer further comprises a packer drive belt (Para.226) attached to the packer carriage (612); and a packer motor (Para.226) coupled to the packer drive belt for effecting powered translation of packer carriage along the packer track (654), and wherein detecting the longitudinal position of the packer during step c) comprises using a home sensor to detect an initial position of the packer along the packer track and an encoder coupled to the packer motor to detect a number of encoder counts associated with a motorized packer movement from the initial position (Para.229).
Regarding claim 25, Wilson discloses a method for presenting multi-receptacle units for retrieval by an automated receptacle distributor of a processing instrument, each multi-receptacle unit including a plurality of receptacles connected to each other in a side-by-side arrangement (Fig.2a), the method comprising:
a) placing a carrier (620) with one or more multi-receptacle units (616) held thereon on a carrier shelf (608), wherein the carrier comprises a pair of parallel support rails (Fig.2a) for slidably supporting the multi- receptacle units thereon with at least one of the receptacles of each multi-receptacle unit disposed between the support rails (616);
b) contacting an end-most one of the receptacles with a pusher positioned adjacent the carrier shelf, the pusher comprising a contact portion configured to move between the support rails and contact the receptacle disposed between the support rails (Fig.2a); and
c) pushing the plurality of multi-receptacle units along the support rails toward one end of the carrier with the pusher until an end-most one of the multi-receptacle units is pushed off the support rails and onto a retrieval dock adjacent to the carrier shelf (Fig.2a) (Para.224-229).
Regarding claim 26, Wilson further discloses detecting when the one of the plurality of multi-receptacle units is pushed off the support rails and onto the retrieval dock; and stopping the pusher from further pushing the one or more multi-receptacle units toward the one end of the carrier (Para.229).
Regarding claim 29, Wilson further discloses during step c), detecting a longitudinal position of the pusher when the multi-receptacle unit is pushed off the support rails; and determining the number of multi-receptacle units held on the carrier based on the longitudinal position of the pusher (Para.229).
Regarding claim 31, Wilson further discloses the pusher (617) further comprises: a pusher carriage (612) coupled to a pusher track (654) and configured to translate bi-directionally along the track; a pusher arm (Fig.2b) comprising the contact portion and projecting from the pusher carriage; a pusher drive belt (Para.226) attached to the pusher carriage; and a pusher motor (Para.226) coupled to the pusher drive belt for effecting powered translation of pusher carriage along the pusher track (654).
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 of this title, 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.
Claims 9, 12, 19 and 27-28 rejected under 35 U.S.C. 103 as being unpatentable over Wilson (WO 2012/012779) in view of Koch (EP 2148208).
Regarding claim 9, Wilson does not further specifically disclose at least one carrier locator pin protruding from the carrier shelf for engaging an opening formed in a carrier supported by the carrier shelf and to restrict relative movement between the carrier shelf and the carrier supported thereby.
Koch teaches a method and laboratory system for handling sample tube racks wherein a locator pin (519) protrudes from a carrier shelf (Fig.5) to restrict movement.
It would have been obvious to one of ordinary skill in the art at the time the application was filed to have modified Wilson in view of Koch to have at least one carrier locator pin protruding from the carrier shelf for engaging an opening formed in a carrier supported by the carrier shelf and to restrict relative movement between the carrier shelf and the carrier supported thereby in order to increase control of the system.
Regarding claim 12, Wilson does not further specifically disclose a receptacle transport apparatus configured to remove a receptacle from the retrieval dock of the input module and transport the receptacle within the processing instrument.
Koch teaches a method and laboratory system for handling sample tube racks wherein a receptacle transport apparatus (540, 542, 544, Fig.5-6) which allow rotation and translation of a carrier (512) in order to align the receptacles with a retrieval dock (312) or the disposal unit with carrier (518) and to input or remove the receptacles (Para.46-48).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to have modified Wilson in view of Koch to have a receptacle transport apparatus configured to remove a receptacle from the retrieval dock of the input module and transport the receptacle within the processing instrument in order to increase efficiency of the system.
Regarding claim 19, Wilson does not further specifically disclose the carrier includes a hard stop at an end of each support rail, and wherein step c) comprises pushing the plurality of receptacles against the hard stops.
Koch teaches a method and laboratory system for handling sample tube racks wherein a locator pin (519) protrudes from a carrier shelf (Fig.5) to restrict movement.
It would have been obvious to one of ordinary skill in the art at the time the application was filed to have modified Wilson in view of Koch to have a hard stop at an end of each support rail, and wherein step c) comprises pushing the plurality of receptacles against the hard stops in order to increase control of the system.
Regarding claims 27-28, Wilson does not further specifically disclose retrieving the one multi-receptacle unit from the retrieval dock with a receptacle transport mechanism of the processing instrument, the receptacle transport mechanism comprises an extendible and retractable hook and the multi-receptacle unit comprises a manipulating structure, and wherein retrieving the one receptacle from the retrieval dock with a receptacle transport mechanism comprises extending the hook, engaging the manipulating structure with the extended hook, and retracting the hook to pull the multi-receptacle unit from the retrieval dock into a housing of the receptacle transport mechanism.
Koch teaches a method and laboratory system for handling sample tube racks wherein a receptacle transport mechanism of the processing instrument (526) comprises an extendible and retractable hook (526) and the multi-receptacle unit comprises a manipulating structure (Fig.7), and wherein retrieving the one receptacle from the retrieval dock with a receptacle transport mechanism comprises extending the hook, engaging the manipulating structure with the extended hook, and retracting the hook to pull the multi-receptacle unit from the retrieval dock into a housing of the receptacle transport mechanism (Para.47).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to have modified Wilson in view of Koch to retrieve the one multi-receptacle unit from the retrieval dock with a receptacle transport mechanism comprising an extendible and retractable hook in order to increase control of the system.
Claim 32 rejected under 35 U.S.C. 103 as being unpatentable over Wilson (WO 2012/012779) in view of Link (US 6,098,819).
Regarding claim 32, Wilson further discloses prior to step c), retaining the one or more multi-receptacle units on the support rails with spring-biased retainer tabs that releasably engage the end-most one of the multi-receptacle units, wherein the spring-biased retainer tabs are configured to deflect laterally during step c) to permit the end-most one of the multi-receptacle units to be pushed off the support rails.
Link teaches a magazine for pipette tip-shaped articles including a plurality of plates wherein holding plates 4 at the same time with their locking ribs 33 engage into the notches 26, 27 of the racks, they are held by the spring effect of their locking tabs 32 (Fig.1,5)
It would have been obvious to one of ordinary skill in the art at the time the application was filed to have modified Wilson in view of Link to use spring-biased retainer tabs in order to further secure the system.
Allowable Subject Matter
Claims 14 and 30 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
The prior art of record fails to disclose or render obvious the claimed invention as set forth in claims 14 and 30 and subsequent dependent claims. The prior art of record does not disclose or render obvious step a) comprises transferring the carrier from a lift platform to the carrier shelf by: supporting the carrier on the lift platform with opposed ends of the carrier extending beyond opposed ends of the lift platform; with a transport elevator, positioning the lift platform above the carrier shelf; effecting lateral movement of the lift platform with a lateral actuator so that the lift platform is disposed within an open area between a first shelf portion and a second shelf portion of the carrier shelf and the opposed ends of the carrier are positioned above the first and second shelf portions; and with the transport elevator, lowering the lift platform until the opposed ends of the carrier are supported on the first and second shelf portions, and the carrier is not supported on the lift platform.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wise further discloses elements of an input module.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLEY K ROMANO whose telephone number is (571)272-9318. The examiner can normally be reached Monday - Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Saul Rodriguez can be reached on 571-272-7097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAUL RODRIGUEZ/Supervisory Patent Examiner, Art Unit 3652
/ASHLEY K ROMANO/Examiner, Art Unit 3652
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