OFFICE ACTION
This application has been assigned or remains assigned to Technology Center 1700, Art Unit 1774 and the following will apply for this application:
Please direct all written correspondence with the correct application serial number for this application to Art Unit 1774.
Telephone inquiries regarding this application should be directed to the Electronic Business Center (EBC) at http://www.uspto.gov/ebc/index.html or 1-866-217-9197 or to the Examiner at (571) 272-1139. All official facsimiles should be transmitted to the centralized fax receiving number (571)-273-8300.
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
Receipt is acknowledged of papers submitted under 35 U.S.C. § 119, which papers have been placed of record in the file.
Information Disclosure Statement
Note the attached PTO-1449 forms submitted with the Information Disclosure Statements.
Drawings
The drawings are objected to under 37 CFR § 1.84 in view of the following deficiencies that require correction:
the sole drawing figure does not comply with 37 CFR 1.84(u):
Numbering of views: (1) The different views must be numbered in consecutive Arabic numerals, starting with 1, independent of the numbering of the sheets and, if possible, in the order in which they appear on the drawing sheet(s). Partial views intended to form one complete view, on one or several sheets, must be identified by the same number followed by a capital letter. View numbers must be preceded by the abbreviation "FIG." Where only a single view is used in an application to illustrate the claimed invention, it must not be numbered and the abbreviation "FIG." must not appear.
the centrifuge 2, holder 6, and sample carrier 7 are not labeled in the sole Figure. See instant ¶ [0036], [0039].
Applicant should review the specification and drawing Figures to ensure a proper one-to-one correspondence between the specification and drawings in accordance with MPEP 608.01(g) and 37 CFR 1.84(f). The brief description of the drawings and the descriptive portion of the specification may require revision in accordance with any drawing objections listed herein or those noticed by Applicant during said review.
From MPEP 608.01(g): The reference characters must be properly applied, no single reference character being used for two different parts or for a given part and a modification of such part. See 37 CFR 1.84(p). Every feature specified in the claims must be illustrated, but there should be no superfluous illustrations.
Applicant should thus verify that (1) all reference characters in the drawings are described in the detailed description portion of the specification and (2) all reference characters mentioned in the specification are included in the appropriate drawing Figure(s) as required by 37 CFR 1.84(p)(5).
INFORMATION ON HOW TO EFFECT DRAWING CHANGES
Replacement Drawing Sheets
Drawing changes must be made by presenting replacement figures which incorporate the desired changes and which comply with 37 CFR 1.84. An explanation of the changes made must be presented either in the drawing amendments, or remarks, section of the amendment. Any replacement drawing sheet must be identified in the top margin as “Replacement Sheet” (37 CFR 1.121(d)) and include all of the figures appearing on the immediate prior version of the sheet, even though only one figure may be amended. The figure or figure number of the amended drawing(s) must not be labeled as “amended.” If the changes to the drawing figure(s) are not accepted by the examiner, applicant will be notified of any required corrective action in the next Office action. No further drawing submission will be required, unless applicant is notified.
Identifying indicia, if provided, should include the title of the invention, inventor’s name, and application number, or docket number (if any) if an application number has not been assigned to the application. If this information is provided, it must be placed on the front of each sheet and centered within the top margin.
Annotated Drawing Sheets
A marked-up copy of any amended drawing figure, including annotations indicating the changes made, may be submitted or required by the examiner. The annotated drawing sheets must be clearly labeled as “Annotated Marked-up Drawings” and accompany the replacement sheets.
Timing of Corrections
Applicant is required to submit acceptable corrected drawings within the time period set in the Office action. See 37 CFR 1.85(a). Failure to take corrective action within the set period will result in ABANDONMENT of the application.
If corrected drawings are required in a Notice of Allowability (PTOL-37), the new drawings MUST be filed within the THREE MONTH shortened statutory period set for reply in the “Notice of Allowability.” Extensions of time may NOT be obtained under the provisions of 37 CFR 1.136 for filing the corrected drawings after the mailing of a Notice of Allowability.
Specification
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
The abstract is acceptable.
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed (MPEP 606.01).
Claim Rejections - 35 U.S.C. § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
The specification is objected to under 35 U.S.C. § 112(a) as failing to provide an adequate written description of the invention in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same.
The specification is deemed inadequate in describing the invention because the description of the invention is inadequate and insufficient in describing the subject matter relating to NEW claim 15. The manner in which an alignment of the pivoting plate determines locking of the sample carrier to the pivoting plate is unknown since the specification and claim is devoid of what constitutes “an alignment” and it is unclear how such an alignment influences locking the sample carrier to the pivoting plate. Other than mimicking the subject matter of new claim 15, instant ¶ [0011] provides no adequate written description of this alignment and locking relationship. Accordingly, claim 15 is not supported by an adequate written description of the invention in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the features of claim 15.
NEW claim 15 is thus rejected under 35 U.S.C. § 112(a) for the reasons set forth in the objection to the specification.
Claim Rejections - 35 U.S.C. § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
The inquiry during examination is patentability of the invention as the inventor or a joint inventor regards such invention. If the claims do not particularly point out and distinctly claim that which the inventor or a joint inventor regards as his or her invention, the appropriate action by the examiner is to reject the claims under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. In re Zletz, 893 F.2d 319, 13 USPQ2d 1320 (Fed. Cir. 1989).
Claims 10 and 15 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or joint inventor regards as the invention.
Claim 10: does “a rotary plate arrangement” have any relationship to the rotary plate arrangement of amended claim 1?
New claim 15: in view of the inadequate written description, the scope of claim 15 is unknown/indeterminate. The recited “alignment of the pivoting plate” is with respect to what axis, surface, plane, or structural element? Moreover, it in unknown how a so-called “alignment” can provide a “locking” function.
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 terms used in this respect are given their broadest reasonable interpretation in their ordinary usage in context as they would be understood by one of ordinary skill in the art, in light of the written description in the specification, including the drawings, without reading into the claim any disclosed limitation or particular embodiment. See, e.g., In re Am. Acad. of Sci. Tech. Ctr., 367 F.3d 1359, 1364 (Fed. Cir. 2004); In re Hyatt, 211 F.3d 1367, 1372 (Fed. Cir. 2000); In re Morris, 127 F.3d 1048, 1054-55 (Fed. Cir. 1997); In re Zletz, 893 F.2d 319, 321-22 (Fed. Cir. 1989).
The Examiner interprets claims as broadly as reasonable in view of the specification, but does not read limitations from the specification into a claim. Elekta Instr. S.A.v.O.U.R. Sci. Int'l, Inc., 214 F.3d 1302, 1307 (Fed. Cir. 2000). "A claim is anticipated only if each and every element as set forth in the claim is found, either expressly or inherently described, in a single prior art reference." Verdegaal Bros. Inc. v. Union Oil Co. of California, 814 F.2d 628, 631 (Fed. Cir. 1987).
The express, implicit, and inherent disclosures of a prior art reference may be relied upon in the rejection of claims under 35 U.S.C. 102 or 103. "The inherent teaching of a prior art reference, a question of fact, arises both in the context of anticipation and obviousness." In re Napier, 55 F.3d 610, 613, 34 USPQ2d 1782, 1784 (Fed. Cir. 1995) (affirmed a 35 U.S.C. 103 rejection based in part on inherent disclosure in one of the references). See also In re Grasselli, 713 F.2d 731, 739, 218 USPQ 769, 775 (Fed. Cir. 1983). See MPEP 2112.
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, 2, 3, 5, 6, 9, 10, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GORDON (US 6361486 B1).
The patent to GORDON discloses a rotary plate arrangement of a centrifuge AP1, the rotary plate arrangement comprising: a rotary plate 13; at least one pivoting plate 17 mounted on the rotary plate 13; wherein at least one of a rotational or pivoting movement of the pivoting plate 17 relative to the rotary plate 13 is adapted to be driven by a drive 61-73 that is rotationally decoupled from the rotary plate 13 - Figures 1-2; wherein the pivoting plate 17 comprises a innate holder for a sample carrier 100 - Figures 1-2; wherein the at least one pivoting plate 17 comprises a plurality of pivoting plates 17 that are connected to one another by a gear 71, and the pivoting plates 17 are synchronously rotatable and/or pivotable by said drive (col. 4, line 35 - col. 5, line 44);
a spindle 49 and a spindle nut 47 arranged on an axis of rotation 25 of the rotary plate 13, one of said spindle 49 or spindle nut being fixed to the rotary plate 13 and the other of said spindle or spindle nut 47 being rotatable in a direction of rotation of the rotary plate 13; wherein the rotational and/or pivoting movement of the pivoting plate 17 is driveable by a rotational movement of the spindle 49 and/or of the spindle nut 47; at least one of the pivoting plate 17 or a sample carrier 100 mounted on a holder of the pivoting plate 17 is “heatable” (i.e., capable of being heated by appropriate heating structure, none of which is claimed);
and a centrifuge AP1 comprising a rotary plate arrangement 13 as described above;
and a method for rotating and/or pivoting a pivoting plate 17 arranged on a rotary plate 13 of a centrifuge AP1, the method comprising driving a rotational and/or pivoting movement of the pivoting plate 17 by a drive 61-73 that is rotationally decoupled from the rotary plate 13 - Figures 1-2.
Claims 1 and 9-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by BROWN (US 4530691) that discloses a centrifuge 10 and a method for rotating a plate 32 arranged on (suspended from) a rotary plate 16, 18 of a centrifuge 10, the method comprising driving a rotational movement of the plate 32 by a separate drive 23 that is rotationally decoupled from the rotary plate 16, 18 that is driven via separate drive assembly 22 for relative rotation between the plate 23 and the rotary plate 16, 18 (col. 2, line 38 - col. 3, line 26); wherein the plate 32 undergoes rotational movement via the drive 23 and also undergoes translational movement during operation that is carried out by a drive rod 48; and the translational movement is a lifting movement of the drive rod - compare Figures 3 and 4; and any elements of the centrifuge of BROWN being “heatable”.
Allowable Subject Matter
Claims 4, 7, and 8 are 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. GORDON ‘143 and GUY et al. disclose heating devices for centrifgues.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES COOLEY whose telephone number is (571) 272-1139. The examiner can normally be reached M-F 9:30 AM - 6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CLAIRE X. WANG can be reached at 571-272-1700. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLES COOLEY/
Examiner, Art Unit 1774
DATED: 25 JUNE 2026
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