DETAILED ACTION
In application filed on 10/27/2023, Claims 1-19 are pending. The claim set submitted on 10/27/2023 is considered because this is the most recent claim set with some preliminary amendments. Claims 1-19 are considered in the current office 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 on01/23/2024 and 10/27/2023 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 1 is objected to because of the following informalities:
Claim 1 recites “transport carriage” in lines 6-7 and 15 of the Claim. This limitation is recited earlier as “self-propelled transport carriage” in line 5.
Consistent language should be use and for the purpose of expedited prosecution, Examiner interprets “transport carriage” as “self-propelled transport carriage”.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 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.
Claims 1, 3-5, 11-15 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over by Johns et al. (US20140305227A1) in view of Motti et al. (WO2019008476A1, submitted in IDS as EP3649030B1on 01/23/2024) and further in view of Wandrei et al. (US20080012256A1).
Regarding Claim 1, Johns teaches a transport system (referred to as systems and methods for efficiently processing patient samples [Para 0023]) for transporting specimens (referred to as patient samples [Para 0023]) in an analysis laboratory (See Abstract…An analytical laboratory system and method for processing samples), said transport system comprising:
a transport track (referred to as transport rack [Para 0029]; See Para 0030… a sample in a sample container from a carrier on a transport track), which predefines travel paths (See Para 0142…the selected sample tube is transported from the distribution area 204 to the conveyance system 220, to the centrifuge module 206, or to an output drawer with an error area 222 based on the analysis performed by the distribution area module 204, thereby teaching the “travel paths”);
at least one self-propelled transport carriage (referred to as sample carrier may be a puck or a cylindrical receptacle [Para 0122]) configured for moving (‘the carrier is transported along a conveyance system’) along the travel paths (See Para 0122… one or more specimen containers may be inserted into a “sample carrier” (also referred to as a “carrier” or a “sample container holder”) for transport. A sample carrier may hold the one or more specimen containers in an upright position and provide stability as the carrier is transported along a conveyance system.) on the transport track (referred to as transport rack [Para 0029]; See Para 0030… a sample in a sample container from a carrier on a transport track), wherein the transport carriage (referred to as sample carrier may be a puck or a cylindrical receptacle [Para 0122]) has:
a receptacle for a specimen (referred to as specimen containers [Para 0122]) to be transported (See Para 0122… sample carrier may hold the one or more specimen containers in an upright position and provide stability as the carrier is transported along a conveyance system);
wheels (referred to as rubber wheels [Para 0397]) driven by an electric motor drive (See Para 0397… electric motors that drive rubber wheels or rubber-tired wheels 4038);
an electrical energy store (referred to as energy accumulators 4044 [Para 0425]) configured to provide electrical power for the electric motor drive (See Para 0425…which supply power to drive motors) of the wheels (See Para 0397… electric motors that drive rubber wheels or rubber-tired wheels); and
a controller (referred to as control unit [Para 0421]) for the electric motor drive (See Para 0421… control unit can be used, and configured to convert control signals in real time to drive signals used by the electric motors)
wherein the transport carriage (referred to as sample carrier may be a puck or a cylindrical receptacle [Para 0122]; See Para 0034…The sample container is inserted into a sample carrier on the conveyor device by the second sample container gripper; See Para 0122…sample carrier may be a puck or a cylindrical receptacle configured to receive a single specimen container; Under BRI, the sample container is included in the sample carrier [See Figs. 41-42 and 44]) has two wheels (referred to as two opposite wheels [Fig. 42, refs, 4038; Para 0397]), which are placed in an arrangement of two axels (See Annotated Fig. 42]) aligned parallel to one another (See Annotated Fig. 42, thereby teaching “ in an arrangement of two axles aligned parallel to one another),
wherein the wheels (referred to as two opposite wheels [Fig. 42-43, refs, 4038; Para 0397]) of a first axle are driven (See Para 0397…opposite wheels 4038 are provided, which are driven individually by one electric motor 4036 each; Under BRI, Examiner submits that Yes, wheels on vehicles, carts, and machinery rely on axles to function);
wherein the wheels (referred to as two opposite wheels [Fig. 42, refs, 4038; Para 0397]) of the driven first axle (See Annotated Fig. 42]) are each connected to a dedicated electric motor drive (See Fig. 42, ref. 4036…electric motors or drive motors; See Para 0397… electric motors that drive rubber wheels or rubber-tired wheels 4038) and are each drivable by means of the said dedicated electric motor drive (See Para 0397… electric motors that drive rubber wheels or rubber-tired wheels 4038) at a rotational speed (See Para 0463… specimen transport system allows specimens to be transported at speeds of 100 mm/s to 200 mm/s, such as 130 mm/s to 170 mm/s, e.g. 150 mm/s.) which is individually configured to be predefined by the controller (See Para 0502… the puck transport system may be managed by the central controller or a local intersection controller.).
Johns does not teach:
wherein the transport carriage has four wheels are placed in an arrangement of two axels aligned parallel to one another,
wherein the wheels of a first axle are driven and the wheels of a second axle are not driven;
wherein longitudinal grooves are routed along the travel paths in the transport track;
wherein a guide projection is formed on the transport carriage and which protrudes from an underside thereof; and
wherein the quide projection is configured for engagement in the longitudinal grooves.
In the analogous art of a transportation system for people and/or things, comprising a system of guideways or rails and at least one vehicle suited to transport one or more persons and/or things, constrained such that it moves on said rails, Motti teaches:
wherein the transport carriage (referred to as vehicle [Page 18, line 21]) has four wheels (See Page 18, lines 21-22…said vehicle (1) comprises two drive wheels (82) and two pivoting wheels (81)),
wherein the wheels of a first axle are driven (See Page 14, line 4… In the embodiment in Figure 10, as noted, the rear wheels (82) are driven; Under BRI, Examiner submits that Yes, wheels on vehicles, carts, and machinery rely on axles to function) and the wheels of a second axle are not driven (See Page 18, lines 21-22… two pivoting wheels (81), thereby teaching that the “wheels are not driven”; See Page 2, line 26… steering axle of the front wheels of the vehicle,);
wherein longitudinal grooves (referred to as longitudinal grooves (24) [Abstract]; See Page 12, lines 7-8… a longitudinal groove (24) is made along its overall length.) are routed along the travel paths (See Abstract… at least one vehicle (I) suited to transport one or more persons and/or things, constrained such that it moves on said rails, thereby teaching “routed along the travel paths”) in the transport track (referred to as rail system which is a monorail type [Abstract]);
wherein a guide projection (referred to as guide unit [Page 11, lines 1-2; Fig. 2a, ref. 3) is formed on the transport carriage (referred to as vehicle [Page 11, Fig. 2a, ref. 1]) and which protrudes from an underside thereof (See Fig. 2a from the underside of the vehicle) ; and
wherein the quide projection is configured for engagement in the longitudinal grooves (See Page 6, lines 12-14… The at least one guide unit suited to be partially housed in the guide of the rail through the longitudinal groove made on the rail itself is mounted under the vehicle structure.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified transport system to have wherein the transport carriage has four wheels, wherein the wheels of a first axle are driven and the wheels of a second axle are not driven; wherein longitudinal grooves are routed along the travel paths in the transport track; wherein a guide projection is formed on the transport carriage and which protrudes from an underside thereof; and wherein the quide projection is configured for engagement in the longitudinal grooves, as taught by Motti for the benefit of providing the autonomous driving of each vehicle, which is autonomously powered, and which always remains constrained to the rails (Motti,Page 3, lines 15-16), wherein the dirt and debris along the rail is minimized, and the correct positioning of the guide unit inside the rail is guaranteed (Motti,Page 3, lines 25-66), which allows for the reduction the risk of collisions between vehicles, where the vehicles circulate constrained to rails and are also equipped with a control system to monitor their mutual positions (Motti,Page 3, lines 19-21).
The combination of Johns and Motti does not explicitly teaches :
wherein the transport carriage has four wheels are placed in an arrangement of two axels aligned parallel to one another.
In the analogous art of a sampler or an analyzer for accommodating at least one containment for storing a quantity of liquid sample, Wandrei teaches wherein the transport carriage (referred to as receiving container [Para 0017]) has four wheels are placed (See Para 0017… The transport wheels 3 are provided in the four corner regions of the receiving container 1.) in an arrangement of two axels aligned parallel to one another (See Para 0017… For this, for example, axles carrying the transport wheels 3 are attachable via a corresponding mounting to the underside of the receiving container 1, thereby teaching “an arrangement of two axels aligned parallel to one another”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified transport system of the combination of Johns and Motti to include that the transport carriage has four wheels are placed in an arrangement of two axels aligned parallel to one another, for the benefit of transporting of the receiving container (Wandrei, Para 0006),allowing for the provision of a sampler/analyzer, or a receiving container for a sampler/analyzer, which, despite compact construction, can be transported in simple manner (Wandrei, Para 0005).
PNG
media_image1.png
744
1319
media_image1.png
Greyscale
Annotated Fig. 42, Johns
Regarding Claim 3, the transport system of claim 1 is obvious over Johns in view of Motti further in view of Wandrei.
Johns teaches charging sections (referred to as charging stations [Para 0427], , which can be at processing stations).
The combination of Johns and Wandrei does not teach that the charging sections, provided in portions in the transport track and along the travel paths, wherein the charginq sections are configured for transmitting electrical charge to the transport carriage for charging the electrical energy store during a traversal over a charging section.
In the analogous art of a transportation system for people and/or things, comprising a system of guideways or rails and at least one vehicle suited to transport one or more persons and/or things, constrained such that it moves on said rails, Motti teaches that the charginq sections (referred to as charging station [Page 11, line 19; Page 15, lines 2; Fig. 11, ref. 10]) are configured for transmitting electrical charge (See Page 5, lines 12-13…Each vehicle is preferably equipped with at least one electric drive motor with batteries, which can be advantageously recharged in special charging stations) to the transport carriage (‘vehicle’) for charging the electrical energy store during a traversal over a charging section (See Page 15, lines 3-4… or the vehicles to go to one or more charging stations (10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified transport system of the combination of Johns and Wandrei to include that the charging sections, provided in portions in the transport track and along the travel paths, wherein the charginq sections are configured for transmitting electrical charge to the transport carriage for charging the electrical energy store during a traversal over a charging section, as taught Motti for the benefit of charging the each vehicle at the charging stations (Motti, Page 5, lines 13), which allows for the reduction the risk of collisions between vehicles, where the vehicles circulate constrained to rails and are also equipped with a control system to monitor their mutual positions (Motti,Page 3, lines 19-21).
In addition, Claim 3 recites charging stations and then recites how these structures function. Claim 3 is an apparatus claim and MPEP 2114 recites that "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Regarding Claim 4, the transport system of claim 1 is obvious over Johns in view of Motti further in view of Wandrei.
The combination of Johns and Wandrei does not teach that the conductor tracks running in the charging sections along the travel paths path and by sliding-action or rolling contacts, on the transport carriage, wherein the slidinq action or rollinq contacts are brought into contact with the conductor tracks.
In the analogous art of a transportation system for people and/or things, comprising a system of guideways or rails and at least one vehicle suited to transport one or more persons and/or things, constrained such that it moves on said rails, Motti teaches that the conductor tracks (referred to as a photovoltaic panel[Para 5, line 15]) running in the charging sections (referred to as charging station [Page 11, line 19; Page 15, lines 2; Fig. 11, ref. 10]) along the travel paths (See Page 9…vehicles circulate advantageously comprises one or more sidings or spurs from the main closed circuit, to reach the recharging stations, thereby teaching “travel paths”) and by sliding-action or rolling contacts (See Page 19, lines 1-2…the guide system of the vehicle slides in the rail; Under BRI, Examiner submits that the vehicles make electrical contact with the induction charging device during the passage/movement of the vehicle; The claimed “or rolling contacts is viewed as “optional”, thus not required by the claim), on the transport carriage (See Page 15… these vehicles to be equipped with a photovoltaic panel,), wherein the slidinq action or rollinq contacts (See Page 19, lines 1-2…the guide system of the vehicle slides in the rail; Under BRI, Examiner submits that the vehicles make electrical contact with the induction charging device during the passage/movement of the vehicle; The claimed “or rolling contacts is viewed as “optional”, thus not required by the claim) are brought into contact with the conductor tracks (referred to as a photovoltaic panel[Para 5, line 15]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified transport system of the combination of Johns and Wandrei to include that the conductor tracks running in the charging sections along the travel paths path and by sliding-action or rolling contacts, on the transport carriage, wherein the slidinq action or rollinq contacts are brought into contact with the conductor tracks, as taught Motti for the benefit of having the induction charging device make electrical contact with the vehicle (Motti, Page, lines 5-8), which allows for the reduction the risk of collisions between vehicles, where the vehicles circulate constrained to rails and are also equipped with a control system to monitor their mutual positions (Motti,Page 3, lines 19-21).
In addition, Claim 4 recites sliding action or rolling contacts and then recites how these structures function. Claim 4 is an apparatus claim and MPEP 2114 recites that "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Regarding Claim 5, the transport system of claim 1 is obvious over Johns in view of Motti further in view of Wandrei.
Johns teaches magnets or a magnetizable materials (See Para 0440… carriers such as puck transport systems may have an array of magnets on their bottom)
Johns further teaches that the magnets on the carriers can be used to guide the carriers along the track (See Para 0440).
The combination of Johns and Wandrei does not teach that wherein the sliding-action or rolling contacts are resiliently mounted and are preloaded into a position in which the sliding-action or rolling contacts are lifted from the transport track and that wherein magnets or a magnetizable material are provided in the charging sections, and, furthermore, wherein magnets or a magnetizable material are provided on the resiliently-mounted sliding-action or rolling contacts in such a way that, when the transport carriage travels over the charging section, the sliding-action or rolling contacts are magnetically pulled in the direction of the conductor tracks and contact them the conductor tracks.
In the analogous art of a transportation system for people and/or things, comprising a system of guideways or rails and at least one vehicle suited to transport one or more persons and/or things, constrained such that it moves on said rails, Motti teaches that wherein the sliding-action or rolling contacts (See Page 19, lines 1-2…the guide system of the vehicle slides in the rail; Under BRI, Examiner submits that the vehicles make electrical contact with the induction charging device during the passage/movement of the vehicle; The claimed “or rolling contacts is viewed as “optional”, thus not required by the claim) are resiliently mounted and are preloaded into a position (See Figs. 3-4 for the position of the guide system) in which the sliding-action or rolling contacts (See Page 19, lines 1-2…the guide system of the vehicle slides in the rail; Under BRI, Examiner submits that the vehicles make electrical contact with the induction charging device during the passage/movement of the vehicle; The claimed “or rolling contacts is viewed as “optional”, thus not required by the claim) are lifted from the transport track (referred to as rail system which is a monorail type [Abstract]) and that wherein magnets or a magnetizable material (Under BRI, Examiner submits that induction charging devices rely on magnetic fields to transfer power) are provided in the charging sections (referred to as charging station [Page 11, line 19; Page 15, lines 2; Fig. 11, ref. 10]), and, furthermore, wherein magnets or a magnetizable material (Under BRI, Examiner submits that induction charging devices rely on magnetic fields to transfer power) are provided on the resiliently-mounted sliding-action or rolling contacts (See Page 19, lines 1-2…the guide system of the vehicle slides in the rail; Under BRI, Examiner submits that the vehicles make electrical contact with the induction charging device during the passage/movement of the vehicle; The claimed “or rolling contacts is viewed as “optional”, thus not required by the claim) in such a way that, when the transport carriage (See Page 9…vehicles circulate advantageously comprises one or more sidings or spurs from the main closed circuit, to reach the recharging stations, travels over the charging section (referred to as charging station [Page 11, line 19; Page 15, lines 2; Fig. 11, ref. 10]), the sliding-action or rolling contacts (See Page 19, lines 1-2…the guide system of the vehicle slides in the rail; Under BRI, Examiner submits that the vehicles make electrical contact with the induction charging device during the passage/movement of the vehicle; The claimed “or rolling contacts is viewed as “optional”, thus not required by the claim) are magnetically pulled in the direction of the conductor tracks (referred to as a photovoltaic panel[Para 5, line 15]) and contact them the conductor tracks (referred to as a photovoltaic panel[Para 5, line 15]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified transport system of the combination of Johns, Motti and Wandrei to include that wherein the sliding-action or rolling contacts are resiliently mounted and are preloaded into a position in which the sliding-action or rolling contacts are lifted from the transport track and that wherein magnets or a magnetizable material are provided in the charging sections, and, furthermore, wherein magnets or a magnetizable material are provided on the resiliently-mounted sliding-action or rolling contacts in such a way that, when the transport carriage travels over the charging section, the sliding-action or rolling contacts are magnetically pulled in the direction of the conductor tracks and contact them the conductor tracks, as taught by Motti.
In addition, Claim 5 recites magnets or magnetizable material and then recites how these structures function. Claim 5 is an apparatus claim and MPEP 2114 recites that "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Regarding Claim 10, the transport system of claim 1 is obvious over Johns in view of Motti further in view of Wandrei.
Johns teaches stoppers (referred to as stop functions [Para 0436]) arranged in the transport track at provided holding positions (See Para 0436… provided by conveyor transport system), wherein the stoppers (referred to as stop functions [Para 0436]) are formed either so as to be movable upwards out of the plane of the transport track (referred to as transport rack [Para 0029]; See Para 0030… a sample in a sample container from a carrier on a transport track) for projecting into the travel paths (See Para 0142…the selected sample tube is transported from the distribution area 204 to the conveyance system 220, to the centrifuge module 206, or to an output drawer with an error area 222 based on the analysis performed by the distribution area module 204, thereby teaching the “travel paths”) and for hitting against the transport carriage (referred to as sample carrier may be a puck or a cylindrical receptacle [Para 0122]), or so as to be introducible into the longitudinal groove (This limitation “or so as to introducible…” is viewed as optional).
In addition, Claim 10 recites stoppers, transport track, travel paths, transport carriage and longitudinal groove and then recites how these structures function. Claim 10 is an apparatus claim and MPEP 2114 recites that "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Regarding Claim 11, the transport system of claim 1 is obvious over Johns in view of Motti further in view of Wandrei.
The combination of Johns and Wandrei does not teach a contact ring for contacting lateral boundaries of the longitudinal grooves, wherein the contact ring is mounted on the guide projection via a roller bearing.
In the analogous art of a transportation system for people and/or things, comprising a system of guideways or rails and at least one vehicle suited to transport one or more persons and/or things, constrained such that it moves on said rails, Motti teaches a contact ring (referred to as at least one intermediate joint (35), with a double hinge and elastic means [Page 13, line 23]) for contacting lateral boundaries of the longitudinal grooves, wherein the contact ring (referred to as at least one intermediate joint (35), with a double hinge and elastic means [Page 13, line 23]) is mounted on the guide projection (referred to as guide unit/system [Page 11, lines 1-2; Fig. 2a, ref. 3) via a roller bearing (referred to as at least one main bearing or roller (31 ) [Page 12, line 12]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified transport system of the combination of Johns and Wandrei to include a contact ring for contacting lateral boundaries of the longitudinal grooves, wherein the contact ring is mounted on the guide projection via a roller bearing as taught Motti for the benefit of mounting the guid system on ther structure of the vehicle (Motti, Page 13, line 23), which allows for the reduction the risk of collisions between vehicles, where the vehicles circulate constrained to rails and are also equipped with a control system to monitor their mutual positions (Motti,Page 3, lines 19-21).
In addition, Claim 11 recites a contact ring and then recites how this structure function. Claim 11 is an apparatus claim and MPEP 2114 recites that "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Regarding Claim 12, the transport system of claim 1 is obvious over Johns in view of Motti further in view of Wandrei.
The combination of Johns and Wandrei does not teach wherein the transport carriage in each case has a laterally-projecting rolling ring mounted via a roller bearing in a region of lateral corners located at a rear of the transport carriage when viewed in a direction of travel during operation.
In the analogous art of a transportation system for people and/or things, comprising a system of guideways or rails and at least one vehicle suited to transport one or more persons and/or things, constrained such that it moves on said rails, Motti teaches wherein the transport carriage (referred to as vehicle [Page 9, lines 2) in each case has a laterally-projecting rolling ring (referred to as anti-slip rollers [Page 11; Figs. 7a-b, ref. 7) mounted via a roller bearing (referred to as at least one main bearing or roller (31 ) [Page 12, line 12]) in a region of lateral corners located at a rear (See Fig. 7…for the location at the rear) of the transport carriage (referred to as vehicle [Page 9, lines 2) when viewed in a direction of travel during operation (See Fig. 7 for the arrow x for the direction of travel).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified transport system of the combination of Johns and Wandrei to include that the transport carriage in each case has a laterally-projecting rolling ring mounted via a roller bearing in a region of lateral corners located at a rear of the transport carriage when viewed in a direction of travel during operation, as taught Motti for the benefit of cleaning the inside of the rail of debris(Motti, Page 11, line 13), which allows for the reduction the risk of collisions between vehicles, where the vehicles circulate constrained to rails and are also equipped with a control system to monitor their mutual positions (Motti,Page 3, lines 19-21).
In addition, Claim 12 recites a transport carriage and then recites how this structure function. Claim 12 is an apparatus claim and MPEP 2114 recites that "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Regarding Claim 13, the transport system of claim 1 is obvious over Johns in view of Motti further in view of Wandrei.
Johns teaches that the receptacle (referred to as specimen containers [Para 0122]) provided on the transport carriage (referred to as sample carrier may be a puck or a cylindrical receptacle [Para 0122]) is a receiving tube (‘sample tube’) having a bottom for the specimen to be transported (See Para 0121…a sample can be contained in a specimen container and processed by a laboratory automation system. A “specimen container,” also referred to as a “sample container,” “sample tube,” and “tube,” may have any suitable shape or form. In some embodiments, the specimen container may be in the form of a sample tube. ).
Regarding Claim 14, the transport system of claim 1 is obvious over Johns in view of Motti further in view of Wandrei.
Johns teaches that receiving tube (referred to as sample tube [Para 0121]) has a longitudinal cutout in its side wall (See Para 0121… A “specimen container,” also referred to as a “sample container,” “sample tube,” and “tube,” may have any suitable shape or form, thereby teaching “a longitudinal cutout in its side wall”; Also See Para 0543… Tubular holder 7604 may comprise vertical grooves 7608 configured to receive pins).
Regarding Claim 15, the transport system of claim 1 is obvious over Johns in view of Motti further in view of Wandrei.
Johns teaches that the receptacle (referred to as specimen containers [Para 0122]) for the specimen (See Para 0121…a sample can be contained in a specimen container) to be transported (See Para 0455…Specimen container 5206 is inserted into sample carrier 5208 having sample carrier magnet 5210. Sample carrier 5208 is transported by first conveyor track 5212 toward diverting arm 5204.) which is provided on the transport carriage (referred to as sample carrier may be a puck or a cylindrical receptacle [Para 0122]) is associated with a holder (See Para 0342… Shape recognition software can recognize outlines of potential locations for sample tubes by recognition of particular shapes for the recesses that can receive the sample tubes) formed on the transport carriage (referred to as sample carrier may be a puck or a cylindrical receptacle [Para 0122]) for a closure cap (referred to as cover [Fig. 44, ref. 4052]; See Para 0395…A sample container 4050 with a cover 4052 on it may be received in the cylindrical recess 4033) belonging to the specimen (See Para 0361… sample tube cap for covering the sample tube.).
Regarding Claim 17, the transport system of claim 1 is obvious over Johns in view of Motti further in view of Wandrei.
Johns teaches ramp portions (referred to as diverting arms [Para 0430; Fig, 46, ref. 4606]).
The combination of Johns and Wandrei does not teach a transport track is formed in at least two planes arranged horizontally one above the other, and wherein ramp portions are provided for connecting the at least two planes arranged one above the other.
In the analogous art of a transportation system for people and/or things, comprising a system of guideways or rails and at least one vehicle suited to transport one or more persons and/or things, constrained such that it moves on said rails, Motti teaches a transport track (referred to a rail [ Fig. 3, ref. 2, Page 10, line 27]) is formed in at least two planes (referred to as a lower wall or base (21) and an upper wall (23) [Page 12, lines 6-7; Fig. 4]) as arranged horizontally one above the other (See Fig. 4 for the claimed arrangement), and wherein ramp portions (referred to as two lateral walls (22) [Page 12, line 7]) are provided for connecting (See Fig. 4 for connecting) the at least two planes (referred to as a lower wall or base (21) and an upper wall (23) [Page 12, lines 6-7; Fig. 4]) arranged one above the other (See Fig. 4 for the arrangement).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified transport system of the combination of Johns and Wandrei to include that a transport track is formed in at least two planes arranged horizontally one above the other, and wherein ramp portions are provided for connecting the at least two planes arranged one above the other, as taught Motti for the benefit of providing the rail as modular segments that are completely embedded in the road surface (Motti, Page 12, line 4), which allows for the reduction the risk of collisions between vehicles, where the vehicles circulate constrained to rails and are also equipped with a control system to monitor their mutual positions (Motti, Page 3, lines 19-21).
Regarding Claim 18, the transport system of claim 1 is obvious over Johns in view of Motti further in view of Wandrei.
Johns teaches that, wherein magnets or magnetizable material (referred to as array of magnets [Para 0440]) is provided in a region of the ramp portions(referred to as diverting arms [Para 0430; Fig, 46, ref. 4606]) along the travel paths (See Para 0430…one line 4602 to an adjacent parallel line 4604, thereby teaching the “travel path”; See Para 0142…the selected sample tube is transported from the distribution area 204 to the conveyance system 220, to the centrifuge module 206, or to an output drawer with an error area 222 based on the analysis performed by the distribution area module 204, thereby teaching the “travel paths”), wherein the magnets or the magnetizable material (referred to as array of magnets [Para 0440]) interacts with magnets provided on the transport carriage (See Page 0440…carriers such as puck transport systems may have an array of magnets on their bottom) . The claimed “or with a magnetizable material for generating a magnetic holding force for holding the transport carriage on the transport track” is viewed as optional and thus not required by the claim.
In addition, Claim 18 is an apparatus claim and MPEP 2114 recites that "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Regarding Claim 19, the transport system of claim 1 is obvious over Johns in view of Motti further in view of Wandrei.
Johns teaches a plurality of identically-formed transport carriages, wherein each transport carriage (referred to as sample carrier may be a puck or a cylindrical receptacle [Para 0122]) of the plurality of identically-formed transport carriages (referred to as sample carriers [Para 0017]; See Fig. 50 for identical sample carriers) each have has a unique, individual, and electronically-readable identifier (See Para 0128…he association phase 102 can be the first phase in the laboratory system. During this phase, various information pertaining to a specimen, such as patient information, requested tests for a specimen, and a unique laboratory identifier (e.g., a barcode), may be associated with a specimen container; See Fig. 50 for the specimen containers located on each of the sample carriers; See Para 0442… The carriers can be identified by identifiers such as RFID tags. These identifiers help manage the movement of each carrier.).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Motti et al. (WO2019008476A1, submitted in IDS as EP3649030B1on 01/23/2024) and further in view of Wandrei et al. (US20080012256A1) as applied to claim 1 above, and further in view of Teutenberg (US20100219968A1).
Regarding Claim 2, the transport system of claim 1 is obvious over Johns in view of Motti further in view of Wandrei.
Johns teaches that the electrical energy store (referred to as energy accumulators 4044 [Para 0425]).
The combination of Johns, Motti and Wandrei does not teach that the electrical energy store is formed by one or more capacitors.
In the analogous art of a laboratory system having a transport device for samples, at least one handling device for preparing, analysing and/or processing samples, at least one movable manipulation device for handling the samples in the region of a handling device and a monitoring system which travels with the manipulation device for maintaining a safety distance, Teutenberg teaches that the electrical energy store is formed by one or more capacitors (See Para 0078… Furthermore, charging stations 29 may be provided at which the electrical energy supply (in particular power capacitors or accumulators) of the transport devices can be charged).
It would have been obvious to one with ordinary skill in the art before the effective filing date to substitute the energy accumulators of Modified ‘Johns with the power capacitors of Teutenberg because this is a substitution of equivalent elements yielding predictable results Please See MPEP 2143 ( KSR Rationale B).
Both references teach energy accumulators functioning for the benefit of providing power to the laboratory product transport elements [Johns, Para 0427] and Teutenberg [Para 0078), which allows for the provision of a laboratory system which allows man and machine to work in parallel, without complex safety enclosures being required. (Teutenberg, Abstract, Para 0004).
Claims 6-7 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Motti et al. (WO2019008476A1, submitted in IDS as EP3649030B1on 01/23/2024) and further in view of Wandrei et al. (US20080012256A1) as applied to claim 1 above, and further in view of Hecht (US20150014125A1).
Regarding Claim 6, the transport system of claim 1 is obvious over Johns in view of Motti further in view of Wandrei.
The combination of Johns, Motti and Wandrei does not teach that wherein in order to form bidirectional communication with the transport carriage, first optical, communications interfaces are integrated into the transport track and are arranged in a region of the travel paths, and wherein second optical, communications interfaces are arranged on the transport carriage.
In the analogous art of a conveying system for material samples, especially medical samples, comprising a conveyor track forming at least one conveying section and a plurality of sample holders, designed to hold one sample vessel, which are self-propelled and displaceable along the conveying section, Hecht teaches that wherein in order to form bidirectional communication with the transport carriage (‘sample holders’) (See Abstract… Signal transmission means are arranged in the track in predetermined positions along the conveying section and are adapted to form a near-field transmission section having signal receiving means arranged in the sample holders,), first optical, communications interfaces (referred to as LED [Para 0043; Fig. 4, ref. 15]) are integrated into the transport track (See Para 0043… the signal transmitters placed in the track elements) and are arranged in a region of the travel paths (See Para 0043… as a particularity in the conveyor track, which are also present in other track elements; See Abstract… Signal transmission means are arranged in the track in predetermined positions along the conveying section… ), and wherein second optical, communications interfaces (referred to as signal receiving means [Abstract]) are arranged on the transport carriage (‘sample holders’) (See Abstract… signal receiving means arranged in the sample holders,).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified transport system of the combination of Johns, Motti and Wandrei to include that wherein in order to form bidirectional communication with the transport carriage, first optical, communications interfaces are integrated into the transport track and are arranged in a region of the travel paths, and wherein second optical, communications interfaces are arranged on the transport carriage, as taught by Hecht for the benefit of controlling the travel of the sample holders (Hecht, Abstract), allowing for the providing the conveying system for material samples, especially medical samples, comprising a conveyor track forming at least one conveying section and a plurality of sample holders, designed to hold one sample vessel, which are self-propelled and displaceable along the conveying section (Hecht, Abstract).
Regarding Claim 7, the transport system of claim 1 is obvious over Johns in view of Motti further in view of Wandrei.
The combination of Johns, Motti and Wandrei does not teach a distance sensor, arranged in the transport carriage and connected to the controller, wherein the distance sensor has a measuring range pointing forwards in a direction of travel of the transport carriage, wherein the controller is configured to reduce a travel speed of the transport carriage when there is an obstacle detected by the distance sensor and lying below a predetermined threshold value, and/or wherein the controller adjusts to adjust the travel speed of the transport carriage in an event of a moving obstacle and thereby to adhere to a constantly maintained minimum distance.
In the analogous art of a conveying system for material samples, especially medical samples, comprising a conveyor track forming at least one conveying section and a plurality of sample holders, designed to hold one sample vessel, which are self-propelled and displaceable along the conveying section, Hecht teaches a distance sensor (referred to as collision warning sensors [Para 0012]), arranged in the transport carriage (See Para 0012…The sample holders may further have collision warning sensors) and connected to the controller (See Para 0024…with signal transmitters and/or sensors as well as the accompanying control electronics) , wherein the distance sensor (referred to as collision warning sensors [Para 0012]) has a measuring range pointing forwards (See Para 0025…Such collision warning sensors are a redundant safeguard so that in the case of an approach towards an unplanned, stopped sample holder in front; See Para 0048…For normal straight-line travel the collision warning sensors located on the bevels 27 and 28 ) in a direction of travel of the transport carriage (See Para 0012… sample holders may further have collision warning sensors that are connected with the drive motor such that they stop or uncouple those upon a hindrance being detected.),wherein the controller (referred to as control system [Para 0012]) is configured to reduce a travel speed of the transport carriage (See Para 0012…the signal transmitters are set up for transmitting control data regarding a drive speed to be adjusted by the sample holder) when there is an obstacle (‘hinderance’) detected (See Para 0012… collision warning sensors that are connected with the drive motor such that they stop or uncouple those upon a hindrance being detected. ) by the distance sensor (referred to as collision warning sensors [Para 0012]) and lying below a predetermined threshold value (Under BRI, the position of the hindrance being detected implicitly as a predetermined threshold value), The claimed “and/or wherein the controller adjusts to adjust the travel speed of the transport carriage in an event of a moving obstacle and thereby to adhere to a constantly maintained minimum distance” is viewed as optional and thus not required by the claim.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified transport system of the combination of Johns, Motti and Wandrei to include that a distance sensor, arranged in the transport carriage and connected to the controller, wherein the distance sensor has a measuring range pointing forwards in a direction of travel of the transport carriage, wherein the controller is configured to reduce a travel speed of the transport carriage when there is an obstacle detected by the distance sensor and lying below a predetermined threshold value, and/or wherein the controller adjusts to adjust the travel speed of the transport carriage in an event of a moving obstacle and thereby to adhere to a constantly maintained minimum distance, as taught by Hecht for the benefit having the sample holders have collision warning sensors that are connected with the drive motor such that they stop or uncouple those upon a hindrance being detected (Hecht, Para 0012), allowing for the providing the conveying system for material samples, especially medical samples, comprising a conveyor track forming at least one conveying section and a plurality of sample holders, designed to hold one sample vessel, which are self-propelled and displaceable along the conveying section (Hecht, Abstract).
Regarding Claim 16, the transport system of claim 1 is obvious over Johns in view of Motti further in view of Wandrei.
Johns teaches an a downward-pointing optical scanning sensor (referred to as optical sensor [Para 0403]; See Para 0403…The traveled surface is then illuminated by an incorporated light source and the reflections taken up with an optical sensor, thereby teaching “downward-pointing”) arranged on the transport carriage (referred to as sample carrier may be a puck or a cylindrical receptacle [Para 0122]; See Fig. 43, ref. 4030, Para 0034…laboratory product transport element 4030 connected to the sample container).
The combination of Johns, Motti and Wandrei does not teach that wherein the optical scanning sensor is configured to detect a movement direction and a movement speed of the transport carriage relative to the transport track can be detected.
In the analogous art of a conveying system for material samples, especially medical samples, comprising a conveyor track forming at least one conveying section and a plurality of sample holders, designed to hold one sample vessel, which are self-propelled and displaceable along the conveying section, Hecht teaches that wherein the optical scanning sensor (referred to as signal transmitters [Para 0012]… whereby the signal transmitters are set up to be connected to the control system ) is configured to detect a movement direction (See Para 0020…. For example, there can also be parameters in regard to travel direction, as far as the sample holders…Control data regarding a travel speed to be adjusted by the sample holder ) and a movement speed (See Para 0012…a system wherein the signal transmitters are set up for transmitting control data regarding a drive speed to be adjusted by the sample holder) of the transport carriage (See Para 0012… sample holders) relative to the transport track (See Para 0012…signal transmitters are arranged at predetermined points of the conveyor track [Para 0012]) can be detected (See Para 0012… system wherein the signal transmitters are set up for transmitting control data regarding a drive speed to be adjusted by the sample holder).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified transport system of the combination of Johns, Motti and Wandrei to include that wherein the optical scanning sensor is configured to detect a movement direction and a movement speed of the transport carriage relative to the transport track can be detected, as taught by Hecht for the benefit of forming a near-field transmission section with signal receivers arranged in the sample holders whereby the signal transmitters are set up to be connected to the control system and for transmitting control data relating to the adjustment of the drive parameters over the near-field (Hecht, Para 0012), allowing for the providing the conveying system for material samples, especially medical samples, comprising a conveyor track forming at least one conveying section and a plurality of sample holders, designed to hold one sample vessel, which are self-propelled and displaceable along the conveying section (Hecht, Abstract).
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Motti et al. (WO2019008476A1, submitted in IDS as EP3649030B1 on 01/23/2024) and further in view of Wandrei et al. (US20080012256A1) as applied to claim 1 above, and further in view of Esaki et al. (US5664929A).
Regarding Claim 8, the transport system of claim 1 is obvious over Johns in view of Motti further in view of Wandrei.
The combination of Johns, Motti and Wandrei does not teach that the transport carriage has a pushbutton switch on a side pointing forwards during operation, wherein actuation of the which pushbutton switch interrupts an electrical main supply line between the electrical energy store and electrical loads arranged in the transport carriage.
In the analogous art of an article transportation system includes a transporter vehicle driven by an electric power from a battery mounted on the vehicle and a station having a translator apparatus for translating an article to and from the vehicle, Esaki teaches that the transport carriage (referred to as transporter vehicle [Col. 2, line 25]) has a pushbutton switch (referred to as the vehicle includes a switch control means [Col.2, line 35]; See Col. 9, lines 3-4…vehicle A includes a switch control means F) on a side pointing forwards during operation (See Fig. 4 , thereby teaching “side pointing forwards during operation”), wherein actuation of the which pushbutton switch (referred to as the vehicle includes a switch control means [Col.2, line 35]; See Col. 9, lines 3-4…vehicle A includes a switch control means F) interrupts an electrical main supply line between the electrical energy store and electrical loads (See Col. 9, lines 1-14…power supplying unit 12 is provided at the switch operation side of the 10 switch operating member 30; See Col. 10, lines 20-34…The switch operating means F can be modified in a variety of manners…) arranged in the transport carriage(referred to as transporter vehicle [Col. 2, line 25]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified transport system of the combination of Johns, Motti and Wandrei to include that the transport carriage has a pushbutton switch on a side pointing forwards during operation, wherein actuation of the which pushbutton switch interrupts an electrical main supply line between the electrical energy store and electrical loads arranged in the transport carriage, as taught by Esaki for the benefit of allowing for power transmission from the battery to the control apparatus (Esaki, Col. 2, lines 55-56), which allows for the provision of an article transportation system which significantly facilitates addition of new stations or movement of the old stations in the system (Esaki, Col. 1, lines 37-40).
In addition, Claim 8 recites push button switch and transport carriage and then recites how these structures function. Claim 8 is an apparatus claim and MPEP 2114 recites that "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Regarding Claim 9, the transport system of claim 1 is obvious over Johns in view of Motti further in view of Wandrei.
Motti teaches the longitudinal groove (referred to as longitudinal grooves (24) [Abstract]; See Page 12, lines 7-8… a longitudinal groove (24) is made along its overall length.)
The combination of Johns, Motti and Wandrei does not teach that the push-button pushbutton switch has a downward- pointing projection.
In the analogous art of an article transportation system includes a transporter vehicle driven by an electric power from a battery mounted on the vehicle and a station having a translator apparatus for translating an article to and from the vehicle, Esaki teaches that the pushbutton switch (referred to as the vehicle includes a switch control means [Col.2, line 35]; See Col. 9, lines 3-4…vehicle A includes a switch control means F) has a downward- pointing projection (See Fig. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified transport system of the combination of Johns, Motti and Wandrei to include that the push-button pushbutton switch has a downward- pointing projection, as taught by Esaki for the benefit of allowing for power transmission from the battery to the control apparatus (Esaki, Col. 2, lines 55-56), which allows for the provision of an article transportation system which significantly facilitates addition of new stations or movement of the old stations in the system (Esaki, Col. 1, lines 37-40).
In addition, Claim 9 recites push button switch then recites how this structure function. Claim 9 is an apparatus claim and MPEP 2114 recites that "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OYELEYE ALEXANDER ALABI whose telephone number is (571)272-1678. The examiner can normally be reached on M-F 7:30am-5:30pm.
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, Lyle Alexander can be reached on (571) 272-1254. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/OYELEYE ALEXANDER ALABI/ Examiner, Art Unit 1797
Prosecution Insights