Detailed Action
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
2. Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Claim Rejections - 35 USC § 112
3. 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.
4. Claim 5-8 are rejected under 35 U.S.C. 112(b) (pre-AIA 35 U.S.C. 112, second paragraph), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 5 recites the limitation “the measurement program”. There is insufficient antecedent basis for the limitations. For the purpose of the examination, the limitation “the measurement program” is interpreted as “a measurement program”. Claim 6 is rejected as being dependent upon rejected base claims.
Claim 7 recites the limitation “the measurement program”. There is insufficient antecedent basis for the limitations. For the purpose of the examination, the limitation “the measurement program” is interpreted as “a measurement program” or “measurement programs”. Claim 8 is rejected as being dependent upon rejected base claims.
Claim Rejections - 35 USC § 102
5. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
6. Claims 1 and 10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by WILD (US 20210370305 A1).
Regarding claim 1, WILD (e.g., Figs. 1-3) discloses an analysis apparatus comprising: a measurer configured to measure a sample (temperature sensor measures a temperature of a sample; [0063] and [0096]); a temperature adjuster configured to adjust a temperature of the sample during measurement (thermal cycler adjusts a temperature of the sample; [0002], [0061]); a display configured to display information (touch display 9; Figs. 2-3, [0086] and [0095]); and a controller (control device; [0065] and [0094]) configured to control a function of displaying an interface on the display as the information (Fig. 2; user interface and display content), wherein the interface includes the followings: a plurality of items including temperature and time (Figs. 2 and 3; temperature and time), and a graphic schematic diagram representing a thermal cycle with time and visualizing the plurality of items on the thermal cycle (Figs. 2 and 3).
Regarding claim 10, WILD (e.g., Figs. 1-3) discloses the analysis apparatus according to claim 1, wherein the controller is configured to display the plurality of items and parts of the graphic schematic diagram on a common screen (Fig. 2a; graphic schematic diagram).
Regarding claim 11, WILD (e.g., Figs. 1-3) discloses the analysis apparatus according to claim 1, wherein the controller is configured to execute a measurement and control the temperature adjuster in accordance with the measurement program; and the interface is configured to receive values for the plurality of items input by a user, and the values are set in the measurement program (Figs. 2 and 3; temperature control and adjustment).
7. 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.
8. Claims 1-4, 7-8, and 10-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GeneAmp® PCR System 9700 User’s Manual, Applied Biosystems, Published in 06/2010, Hereinafter referred to as AB.
Regarding claim 1, AB discloses an analysis apparatus comprising: a measurer configured to measure a sample (GeneAmp PCR System 9700, DNA sample; Chapters 2, 4, and 6); a temperature adjuster configured to adjust a temperature of the sample during measurement (temperature control and adjustment; Chapters 4-5, e.g., Chapter 4, page 4-7, and Chapter 5, page 5-8 and page 5-11); a display configured to display information (display panel; Chapter 2, page 2-2); and a controller (control panel; Chapter 2, page 2-2) configured to control a function of displaying an interface on the display as the information (user interface and display content; Chapter 2, page 2-2, Chapter 4, page 4-7, and Chapter 5, pages 5-7 and 5-8), wherein the interface includes the followings: a plurality of items including temperature and time (Chapters 4-6, e.g., Chapter 4, page 4-7, and Chapter 5, pages 5-7 and 5-8; temperature and time), and a graphic schematic diagram representing a thermal cycle with time and visualizing the plurality of items on the thermal cycle (Chapters 4-6, e.g., Chapter 4, page 4-7, and Chapter 5, pages 5-7 and 5-8; graphic schematic diagram).
Regarding claim 2, AB discloses the analysis apparatus according to claim 1, wherein the controller is configured to control a function of displaying on the display correspondence-recognizing indication that allows a user to visually recognize correspondences between the plurality of items and parts of the graphic schematic diagram (e.g., Chapter 5, page 5-8, graphic schematic diagram and display correspondence-recognizing indication).
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Regarding claim 3, AB discloses the analysis apparatus according to claim 2, wherein the correspondence-recognizing indication includes a first correspondence-recognizing indication part(s) displayed on a plurality-of-items side to represent the correspondences of the plurality of items to the parts of the graphic schematic diagram, and a second correspondence- recognizing indication part(s) displayed on a graphic- schematic-diagram side to represent the correspondences of the parts of the graphic schematic diagram to the plurality of items (e.g., Chapter 5, page 5-8, graphic schematic diagram and display correspondence-recognizing indication).
Regarding claim 4, AB discloses the analysis apparatus according to claim 3, wherein the second correspondence-recognizing indication parts are positioned on the parts of the graphic schematic diagram corresponding the plurality of items (e.g., Chapter 5, page 5-8, graphic schematic diagram and display correspondence-recognizing indication).
Regarding claim 7, AB discloses the analysis apparatus according to claim 1, wherein the analysis apparatus is configured to be able to produce a plurality of measurement programs corresponding to a plurality of types of measurement patterns as the measurement program (e.g., Chapter B, Supplied Methods, pages B-3, B-4, and B-5; a plurality of measurement programs corresponding to a plurality of types of measurement patterns); and the controller is configured to display on the display the graphic schematic diagram corresponding to one selected from the plurality of types of measurement patterns (e.g., Chapter B, Supplied Methods, pages B-3, B-4, and B-5; graphic schematic diagrams corresponding to the plurality of measurement programs and measurement patterns).
Regarding claim 8, AB discloses the analysis apparatus according to claim 7, wherein the controller is configured to display on the display a second switch icon for switching between the plurality of types of measurement patterns; and the controller is configured in response to manual operation on the second switch icon to display on the display the graphic schematic diagram corresponding to one selected from the plurality of types of measurement patterns by switching between the plurality of types of measurement patterns through the second switch icon (Chapter 4, page 4-3 and page 4-4; icon VIEW to select an display different graphic schematic diagrams corresponding to different measurement programs and measurement patterns).
Regarding claim 10, AB discloses the analysis apparatus according to claim 1, wherein the controller is configured to display the plurality of items and parts of the graphic schematic diagram on a common screen (Chapters 4-6, e.g., Chapter 4, page 4-7, and Chapter 5, pages 5-7 and 5-8; graphic schematic diagram).
Regarding claim 11, AB discloses the analysis apparatus according to claim 1, wherein the controller is configured to execute a measurement and control the temperature adjuster in accordance with the measurement program; and the interface is configured to receive values for the plurality of items input by a user, and the values are set in the measurement program (Chapters 4-6, e.g., Chapter 4, page 4-7, and Chapter 5, pages 5-7 and 5-8;; temperature control and adjustment).
Claim Rejections - 35 USC § 103
9. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
10. Claims 5-6 are rejected under 35 U.S.C. 103 as unpatentable over WILD (US 20210370305 A1) in view of Patterson (US 10394440 B2).
Regarding claim 5, WILD (e.g., Figs. 1-3) discloses the analysis apparatus according to claim 1, wherein the controller is configured to control a function of displaying on the display a first display area for displaying a simulation graph (e.g., Fig. 3b; simulation graph; [0096]) obtained by simulating the measurement program based on values that are input as the plurality of items (e.g., Fig. 3a; [0095]-[0096]); and the controller is configured to display the simulation graph on the first display area (e.g., Fig. 3b; simulation graph; [0096]). WILD does not expressly disclose a first switch icon for accepting manual operation of displaying the simulation graph on the first display area. However, Patterson discloses a first switch icon for accepting manual operation of displaying the simulation graph on the first display area (Fig. 5 and col. 11, line 55-col. 12, line 4; calculation icon, display user interface, and simulation result); and the controller is configured to display the simulation graph on the first display area in response to the manual operation on the first switch icon (Fig. 5 and col. 11, line 55-col. 12, line 4; calculation icon, display user interface, and simulation result). Therefore, it would have been obvious to one skilled in the art at the effective filing date of the claimed invention to incorporate the teaching from Patterson to the control device of the thermal cycler of WILD. The combination/motivation would be to provide a thermal cycler with a temperature control and adjustment.
Regarding claim 6, WILD in view of Patterson discloses the analysis apparatus according to claim 5, WILD (e.g., Figs. 1-3) discloses wherein the controller is configured to control a function of displaying on the display a second display area for displaying time required to execute the measurement program based on values that are input as the plurality of items (e.g., Fig. 3a; run time); and the combination of WILD with Patterson discloses the controller is configured to display the required time on the second display area in response to the manual operation on the first switch icon in addition to the simulation graph on the first display area (e.g., WILD, Fig. 3a-Fig. 3b).
10. Claim 9 is rejected under 35 U.S.C. 103 as unpatentable over WILD (US 20210370305 A1) in view of VARNES (US 20220099368 A1).
Regarding claim 9, WILD (e.g., Figs. 1-3) discloses the analysis apparatus according to claim 1, wherein the graphic schematic diagram includes a first graphic schematic diagram part entirely representing the thermal cycle with time (e.g., Fig. 2a and Figs. 3a-3b), and a second graphic schematic diagram part corresponding an enlarged part of the first graphic schematic diagram part (e.g., Fig. 2b and Fig. 3c). The examiner further cites VARNES as a reference. VARNES (e.g., Fig. 3) discloses a graphical user interface for temperature control, including a zoom function to enlarge a part of a graphic schematic diagram (e.g., Fig. 3; zoom key 214). Therefore, it would have been obvious to one skilled in the art at the effective filing date of the claimed invention to incorporate the teaching from VARNES to the control device of the thermal cycler of WILD for precise and accurate temperature control and adjustment.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YUZHEN SHEN whose telephone number is (571)272-1407. The examiner can normally be reached on 9:00-18:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chanh Nguyen can be reached on 571-272-7772. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YUZHEN SHEN/Primary Examiner, Art Unit 2623