Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
In claim 1, without “configured to” or “programmed to” recited language between the control device and the claimed operation, the limitations “for driving the incubation assembly and the magnetic attraction assembly to alternately approach the reaction chamber” have been given their broadest reasonable interpretation and thus interpreted as an intended use of the control device.
Although claims are interpreted in light of the specification, it is improper to import claim limitations from the specification (see MPEP 2111). The current claim limitations do not require the control device to actually operate in accordance with the recited functions. Thus, a prior art controller need only be capable of operating in the claimed manner (see MPEP 2114(IV)).
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (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 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.
Claim(s) 1, 3-5 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jafari (US 2009/0068062).
Regarding claim 1, Jafari teaches a system and method for multi-analyte detection comprising a magnetic attraction assembly (55) for magnetically attracting a reaction chamber containing a sample solution and an incubation assembly (57) for heating the reaction chamber, a driving device (650) for driving the incubation assembly (57) and the magnetic attraction assembly (55) to alternately approach the reaction chamber, wherein the magnetic attraction assembly (55) and the incubation assembly (57) are connected to the driving device (657).
Regarding claim 3, the incubation assembly (57) comprises a heating block (560 and 561) having a reagent groove (57) inside, a heating device (560 and 561) for heating the heating block, a heat dissipation device (fan) for dissipating heat from the heating block, and a temperature sensor (570 and 572) for detecting a temperature of the heating block and the heating device (560 and 561) contacts an inner wall of the reagent groove (57), the heat dissipation device (fan) is arranged at a bottom of the heating block, the temperature sensor (570 and 572) is connected to the heating block and the reagent groove is configured to accommodate the reaction chamber (RV). (Refer to Figure 36)
Regarding claim 4, the heating block has at least eight reagent grooves. (Refer to Figure 36)
Regarding claim 5, the heating device is a PI electric heating film, and heating power of the PI electric heating film is distributed non-uniformly on the inner wall. (Refer to paragraph [0307])
Regarding claim 13, wherein the driving device (660) is a lead screw driving mechanism.
Allowable Subject Matter
Claims 2, 6-12 and 14-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Jafari fails to teach a support assembly, wherein the driving device and the magnetic attraction assembly are connected to the support assembly, and the support assembly is provided with a rail for limiting a lateral movement trajectory of the magnetic attraction assembly; and the magnetic attraction assembly is configured to move away from the reaction chamber along the rail when the driving device drives the incubation assembly to rise, and approach the reaction chamber along the rail when the driving device drives the incubation assembly to descend.
Jafari fails to teach wherein the magnetic attraction assembly comprises a magnet and a rotating device for driving the magnet to rotate circumferentially, the magnet has a first magnetic attraction surface and a second magnetic attraction surface circumferentially, the first magnetic attraction surface and the second magnetic attraction surface have different areas for attracting magnetic beads in a sample liquid, and the rotating device is connected to the magnet.
Jafari fails to teach the support assembly comprises a horizontal plate and a vertical plate, the horizontal plate is perpendicular to the vertical plate, the rail is arranged on the horizontal plate, the magnetic attraction assembly is connected to a slider on the rail, a synchronous pulley is provided on a top of the vertical plate, a synchronous belt is wound around an outer peripheral portion of the synchronous belt pulley, one end of the synchronous belt is vertically connected to the magnetic attraction assembly, the other end of the synchronous belt is arranged along the vertical plate, a blocking piece is provided on the synchronous belt, and a telescopic end of the driving device is provided with a power piece for abutting against the blocking piece.
Conclusion
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/JYOTI Mutreja/Primary Examiner, Art Unit 1798
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