CTFR 18/442,184 CTFR 94761 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Status Claims 1, 3, 5 and 7 are pending and under examination. 12-151-10 AIA 12-51-10 Claim s 2, 4 and 6 have been canceled. Response to Amendment Applicants claim amendments, received 04/17/2026, have overcome the drawing and specification objections. Therefore, the previous objections have been withdrawn. The amended claims have overcome the 112(f) claim interpretation(s). Accordingly, the claim interpretation(s) have been withdrawn. Applicant’s claim amendments have overcome the 112(b) rejection(s). Therefore, the 112(b) rejection(s) have been withdrawn. Based on the amended claims and remarks, received 04/17/2026, the previous prior art rejection over Sugiyama has been withdrawn and a new prior art rejection set forth (see below). Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23-aia AIA The factual inquiries set forth in Graham v. John Deere Co. , 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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. 07-21-aia AIA Claim s 1, 3, 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Sugiyama et al. (US Patent No. 7,360,984 – hereinafter “Sugiyama”), in view of Marouiss et al. (US 2001/0048899 – hereinafter “Marouiss”, Miura et al. (US 2008/0289439 – hereinafter Miura), and Schell (US 2010/0268134 – hereinafter “Schell”) . Regarding claim 1 , Sugiyama teach an expendable supply device (Sugiyama; figs. 2-7, #80, col. 5 lines 59-60) , comprising: a table configured to allow an expendable supply to be mounted (Sugiyama; figs. 12-13, #34a, #34b, col. 11 lines 64-67) ; and a positioning member configured to position the expendable supply at a predetermined position while moving the table from side to side (Sugiyama; fig. 13, #11, col. 11 line 62 through col. 12 line 9) , wherein the positioning member includes a height reference side configured to restrict the vertical position of the expendable supply by coming into contact with a portion of the expendable supply from above as the table moves from below to above (Sugiyama; figs. 12-13, #29a, #29b, col. 11, lines 45-61) . Sugiyama does not teach the positioning mechanism configured to move the table from a lower side to an upper side, or the positioning member includes a plurality of pressing members supported so as to be movable in the vertical direction, wherein the plurality of pressing members are brought into contact with a respective one of four corners of the expendable supply from below to hold the expendable supply horizontally by placing them on the plurality of pressing members. However, Marouiss teach the analogous art of a supply device (Marouiss; fig. 23, #2300, [0131]) comprising a table configured to allow a supply to be mounted (Marouiss; fig. 23, #2302, [0132]) and a positioning mechanism configured to move the table from a lower side to an upper side (Marouiss; fig. 23, #2304, [0131-0137]) , and a positioning member configured to position the supply at a predetermined position while moving the table form a lower side to an upper side (Marouiss; fig. 23, #2308a & 2308b, [0132, 0135]) , wherein the positioning member includes a plurality of pressing members supported so as to be movable in the vertical direction and are brought into contact with a respective one of four corners of the supply from below to hold the supply horizontally by placing them on the plurality of pressing members (Marouiss disclose the positioning members 2308a comprise notches 2310 in the upper surface near the ends, thereby creating pressing members in each of the corners upon which a supply is supported. The positioning member and plurality of pressing members lift the supply in a vertical direction from below; fig. 23, [0132, 0135]). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the positioning mechanism to move from a lower side to an upper side, and the positioning member of Sugiyama to comprise a plurality of pressing members movable in the vertical directions so as to be bought into contact with a respective one of four corners of the supply from below, as taught by Marouiss, because Marouiss teach the positioning member comprising a plurality of pressing members work in conjunction with latching mechanisms to input or output the supply (Marouiss; [0132]). One of ordinary skill in the art would have expected this modification could have been performed with a reasonable expectation of success since Sugiyama and Marouiss both teach a supply device that uses a table and positioning member for positioning an expendable supply at a predetermined position. Modified Sugiyama does not teach the positioning member includes a plurality of biasing members configured to apply biasing force from below to the plurality of pressing members, and wherein each of the plurality of the pressing members has a bottomed outer peripheral hole that opens upward at the upper end, and has a ball that is smaller than the outer peripheral hole and can roll freely, the ball being arranged in the outer peripheral hole with a gap from an inner wall, bringing the upper surface of the ball into contact with a respective surface from below, and holding the respective surface by placing them on the ball, wherein the expendable supply is configured to be horizontally moveable with the ball and within a rolling range of the ball in the outer peripheral hole, wherein the bottom surface of the outer peripheral hole is perpendicular to side surfaces of the outer peripheral hole. However, Miura teach the analogous art of a plurality of pressing members supported so as to be movable in the vertical direction (Miura; figs. 1 & 7, #26, #27, [0064, 0072]) , and a plurality of biasing members configured to apply biasing force from below to the plurality of pressing members (Miura; figs. 1 & 7, #28A, 28B, [0064, 0069]) , and wherein each of the plurality of the pressing members has a bottomed outer peripheral hole that opens upward at the upper end (Miura; fig. 7, #26A, [0076]) , and has a ball that is smaller than the outer peripheral hole and can roll freely (Miura; fig. 7, #25A, [0076]) , the ball being arranged in the outer peripheral hole with a gap from an inner wall (Miura; figs. 7-11, #26A, [0076-0077]) , bringing the upper surface of the ball into contact with a respective surface from below (Miura; figs. 7-11, [0076-0077]) , and holding the respective surface by placing them on the ball (Miura; figs. 7, 9 & 11, [0076-0077]) , wherein the surface is configured to be horizontally moveable with the ball and within a rolling range of the ball in the outer peripheral hole (Miura; figs. 7-11, [0076-0077]) , wherein the bottom surface of the outer peripheral hole is perpendicular to side surfaces of the outer peripheral hole (Miura; figs. 7-11, [0076-0077]). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the positioning member and plurality of pressing members of modified Sugiyama to comprise a plurality of biasing members configured to apply biasing force from below the plurality of pressing members, wherein each of the pressing members has a bottomed outer peripheral hole that opens upward at the upper end, and has a ball that is smaller than the outer peripheral hole and can roll freely, the ball being arranged in the outer peripheral hole with a gap from an inner wall, bringing the upper surface of the ball into contact with a surface from below and holding the surface horizontally by placing the surface on the ball, and wherein the bottom surface of the outer peripheral hole is perpendicular to side surfaces of the outer peripheral hole, as taught by Miura, because Miura teach the biasing members configured to press the ball upwards towards a surface and roll about tolerances within the bottomed outer peripheral hole allows horizontal displacement of the surface that is supported on the ball while providing lag to compensate for uneven portions in the supported surface (Miura; figs. 7-11, [0076-0077]). One of ordinary skill in the art would have expected this modification could have been performed with a reasonable expectation of success since modified Sugiyama and Miura both teach alignment of support surfaces using positioning members. Further, the modification resulting the in the expendable supply of Sugiyama being configured to be horizontally movable with the ball and within a rolling range of the ball in the outer peripheral hole. Modified Sugiyama does not teach wherein each of the pressing members includes a central hole that is formed in a center of a bottom surface of the outer peripheral hole and is smaller than a diameter of the ball, wherein the ball is configured to be mounted in the central hole when released from contact with the expendable supply. However, Schell teach the analogous art of a plurality of pressing members (Schell; figs. 13-15, #90, [0072]) , a plurality of biasing members configured to apply a biasing force from below the plurality of pressing members (Schell; figs. 14-15, [0073-0074]) , wherein each of the pressing members includes a central hole that is formed in a center of a bottom surface of the outer peripheral hole and is smaller than a diameter of the ball (Schell; figs. 14-15, #92a, [0074]) , wherein the ball is configured to be mounted in the central hole when released from contact (Schell; fig. 14) . It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the bottom surface of the outer peripheral hole of modified Sugiyama to comprise a central hold, as taught by Schell, because Schell teach the central hole allows the ball to revolve about itself in the outer peripheral hole (Schell; [0074]). One of ordinary skill in the art would have expected this modification could have been performed with a reasonable expectation of success since modified Sugiyama and Schell both teach a pressing member that biases a ball against an upper surface. Regarding claim 3 , modified Sugiyama teach the expendable supply device according to claim 1 above, further comprising: a pair of positioning bearings provided along one side of the expendable supply in the horizontal direction in order to contact the one side of the expendable supply when the expendable supply is mounted on the table (Sugiyama; fig. 13, #30b, #30c, col. 11 lines 36-44) ; and a positioning facing bearing supported by springs on the other side of the expendable supply in the horizontal direction in order to contact the center of the other side of the expendable supply and to press the expendable supply towards the pair of positioning bearings when the expendable supply is mounted on the table (Sugiyama; fig. 13, #30a, col. 11 lines 36-44) . Regarding claim 5 , modified Sugiyama teach an automated analyzing device (Sugiyama; fig. 1, #100, col. 4 lines 4-12) , comprising: a reagent vessel container that is capable of holding a plurality of reagent vessels containing a reagent used for analysis (Sugiyama; fig. 1, #53, #67, col. 5 lines 33-35) ; an analysis means that performs a predetermined analysis by dispensing a sample and a reagent to be analyzed (Sugiyama; fig. 1, #57, col. 5 lines 45-51]) ; and an expendable supply device according to claim 1 that supplies an expendable used for analysis of the sample (The expendable supply device according to claim 1 has already been discussed above. Sugiyama; fig. 1, #80, col. 4 lines 4-5) . Regarding claim 7 , Sugiyama teach an expendable supply method for positioning an expendable at a predetermined position while moving a table from side to side, the table allowing an expendable supply to be mounted (Sugiyama; figs. 2-7 & 12-13, #80, #34a. #34b, col. 5 line 59-61, col. 11 lines 64-67) , the method comprising: a step of arranging the table (Sugiyama; fig. 13, #11, col. 11 line 62 through col. 12 line 9) , a step of restricting the vertical position of the expendable by bringing a height reference side of a positioning member into contact with a portion of the expendable supply from above as the table moves (Sugiyama; figs. 12-13, #29a, #29b, col. 11, lines 45-61) . Sugiyama does not teach moving the table from a lower side to an upper side, or arranging a plurality of pressing members supported so as to be movable in the vertical direction with respect to the table, wherein the plurality of pressing members are brought into contact with a respective one of the four corners of the expendable supply from below to hold the expendable supply horizontally by placing them on the plurality of pressing members as the table moves from below to above. However, Marouiss teach the analogous art of a supply device (Marouiss; fig. 23, #2300, [0131]) comprising a table configured to allow a supply to be mounted (Marouiss; fig. 23, #2302, [0132]) and a positioning mechanism configured to move the table from a lower side to an upper side (Marouiss; fig. 23, #2304, [0131-0137]) , and a positioning member configured to position the supply at a predetermined position while moving the table form a lower side to an upper side (Marouiss; fig. 23, #2308a & 2308b, [0132, 0135]) , wherein the positioning member includes a plurality of pressing members supported so as to be movable in the vertical direction and are brought into contact with a respective one of four corners of the supply from below to hold the supply horizontally by placing them on the plurality of pressing members (Marouiss disclose the positioning members 2308a comprise notches 2310 in the upper surface near the ends, thereby creating pressing members in each of the corners upon which a supply is supported. The positioning member and plurality of pressing members lift the supply in a vertical direction from below; fig. 23, [0132, 0135]). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Sugiyama to be configured to move from a lower side to an upper side, and the positioning member of Sugiyama to comprise a plurality of pressing members movable in the vertical directions so as to be bought into contact with a respective one of four corners of the supply from below, as taught by Marouiss, because Marouiss teach the positioning member comprising a plurality of pressing members work in conjunction with latching mechanisms to input or output the supply (Marouiss; [0132]). One of ordinary skill in the art would have expected this modification could have been performed with a reasonable expectation of success since Sugiyama and Marouiss both teach a supply device that uses a table and positioning member for positioning an expendable supply at a predetermined position. One of ordinary skill in the art would have expected this modification could have been performed with a reasonable expectation of success since Sugiyama and Belz both teach positioning a table around an expendable supply. Modified Sugiyama does not teach applying a biasing force from below to the plurality of pressing members, and arranging each of the plurality of the pressing members so that a ball in a bottomed outer peripheral hole with a gap from an inner wall, the outer peripheral hole opening upward at the upper end, wherein the ball is smaller than the outer peripheral hole and can roll freely, the ball being arranged in the outer peripheral hole with a gap from the inner wall, bringing the upper surface of the ball into contact with a respective one of the four corners of the expendable supply from below, and holding the expendable supply horizontally by placing them on the ball, wherein the expendable supply is configured to be horizontally moveable with the ball and within a rolling range of the ball in the outer peripheral hole. However, Miura teach the analogous art of a method arranging a plurality of pressing members configured to apply a biasing force (Miura; figs. 7-11, [0076-0077]) wherein the method includes a plurality of pressing members supported so as to be movable in the vertical direction (Miura; figs. 1 & 7, #26, #27, [0064, 0072]) , and a plurality of biasing members configured to apply biasing force from below to the plurality of pressing members (Miura; figs. 1 & 7, #28A, 28B, [0064, 0069]) , and wherein each of the plurality of the pressing members has a bottomed outer peripheral hole that opens upward at the upper end (Miura; fig. 7, #26A, [0076]) , and has a ball that is smaller than the outer peripheral hole and can roll freely (Miura; fig. 7, #25A, [0076]) , the ball being arranged in the outer peripheral hole with a gap from an inner wall (Miura; figs. 7-11, #26A, [0076-0077]) , bringing the upper surface of the ball into contact with a respective surface from below (Miura; figs. 7-11, [0076-0077]) , and holding the respective surface by placing them on the ball (Miura; figs. 7, 9 & 11, [0076-0077]) , wherein the surface is configured to be horizontally moveable with the ball and within a rolling range of the ball in the outer peripheral hole (Miura; figs. 7-11, [0076-0077]) , wherein the bottom surface of the outer peripheral hole is perpendicular to side surfaces of the outer peripheral hole (Miura; figs. 7-11, [0076-0077]). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of modified Sugiyama to comprise a plurality of biasing members configured to apply biasing force from below the plurality of pressing members, wherein each of the pressing members has a bottomed outer peripheral hole that opens upward at the upper end, and has a ball that is smaller than the outer peripheral hole and can roll freely, the ball being arranged in the outer peripheral hole with a gap from an inner wall, bringing the upper surface of the ball into contact with a surface from below and holding the surface horizontally by placing the surface on the ball, and wherein the bottom surface of the outer peripheral hole is perpendicular to side surfaces of the outer peripheral hole, as taught by Miura, because Miura teach the biasing members configured to press the ball upwards towards a surface and roll about tolerances within the bottomed outer peripheral hole allows horizontal displacement of the surface that is supported on the ball while providing lag to compensate for uneven portions in the supported surface (Miura; figs. 7-11, [0076-0077]). One of ordinary skill in the art would have expected this modification could have been performed with a reasonable expectation of success since modified Sugiyama and Miura both teach alignment of support surfaces using positioning members. Further, the modification resulting the in the expendable supply of Sugiyama being configured to be horizontally movable with the ball and within a rolling range of the ball in the outer peripheral hole. Modified Sugiyama does not teach wherein the pressing members further include a central hole that is formed in the center of the bottom surface of the outer peripheral hole and is smaller than a diameter of the ball, wherein the ball is configured to be mounted in the central hole when released from contact with the expendable supply. However, Schell teach the analogous art of a plurality of pressing members (Schell; figs. 13-15, #90, [0072]) , a plurality of biasing members configured to apply a biasing force from below the plurality of pressing members (Schell; figs. 14-15, [0073-0074]) , wherein each of the pressing members includes a central hole that is formed in a center of a bottom surface of the outer peripheral hole and is smaller than a diameter of the ball (Schell; figs. 14-15, #92a, [0074]) , wherein the ball is configured to be mounted in the central hole when released from contact (Schell; fig. 14) . It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the bottom surface of the outer peripheral hole of modified Sugiyama to comprise a central hold, as taught by Schell, because Schell teach the central hole allows the ball to revolve about itself in the outer peripheral hole (Schell; [0074]). One of ordinary skill in the art would have expected this modification could have been performed with a reasonable expectation of success since modified Sugiyama and Schell both teach a pressing member that biases a ball against an upper surface . Response to Arguments Applicant’s arguments, filed 04/17/2026, have been fully considered but are moot because the arguments are towards the amended claims and do not apply to the current grounds of rejection. Specifically, applicant argues on pages 6-9 of their remarks that the ball disclosed in Bouschart is disposed in a socket in which the walls on the sides of the ball are tapered towards the bottom surface rather than perpendicular, as claimed. The examiner agrees. However, upon further search and consideration, a new grounds of rejection has been set forth over Sugiyama in view of Marouiss, Miura, and Schell which teach the amended limitations of claims 1 and 7. Citations to art In the above citations to documents in the art, an effort has been made to specifically cite representative passages, however rejections are in reference to the entirety of each document relied upon. Other passages, not specifically cited, may apply as well. Conclusion 07-40 AIA Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL . See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CURTIS A THOMPSON whose telephone number is (571)272-0648. The examiner can normally be reached on M-F: 7:00 a.m. - 5:00 p.m.. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /C.A.T./Examiner, Art Unit 1798 /BENJAMIN R WHATLEY/Primary Examiner, Art Unit 1798 Application/Control Number: 18/442,184 Page 2 Art Unit: 1798 Application/Control Number: 18/442,184 Page 3 Art Unit: 1798 Application/Control Number: 18/442,184 Page 4 Art Unit: 1798 Application/Control Number: 18/442,184 Page 5 Art Unit: 1798 Application/Control Number: 18/442,184 Page 6 Art Unit: 1798 Application/Control Number: 18/442,184 Page 7 Art Unit: 1798 Application/Control Number: 18/442,184 Page 8 Art Unit: 1798 Application/Control Number: 18/442,184 Page 9 Art Unit: 1798 Application/Control Number: 18/442,184 Page 10 Art Unit: 1798 Application/Control Number: 18/442,184 Page 11 Art Unit: 1798 Application/Control Number: 18/442,184 Page 12 Art Unit: 1798 Application/Control Number: 18/442,184 Page 13 Art Unit: 1798
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