CTNF 18/564,766 CTNF 92338 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. Information Disclosure Statement The information disclosure statement (IDS) submitted on 11/28/23 and 5/1/25 is being considered by the examiner. Claim Status Claims 1, 3, 5, and 9-14 are pending and are examined. Claims 2, 4, and 6-8 are cancelled. 07-30-03-h AIA Claim Interpretation The expression “a blank background” in claims 3 and 12-14 is deemed definite since the ordinary artisan would understand the meaning of the term in the context of camera positioning and in light of applicant’s specification to refer to a surface, behind the front nozzle, having no irregularities or contrast with the front nozzle) (see Spec., para [0063]; Drawing, Figs. 3A,B). Claim Rejections - 35 USC § 103 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 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, 9, 10, 11, 12, 13, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Dijksman (US Pub 2008/0305969), in view of Muratsubaki (JP 2005049197) . Regarding Claim 1, Dijksman teaches an automated analyzer (Figs. 3,7,9,13-15) comprising: a dispensing mechanism ([0057] print head, pipette, 20) including a nozzle (21) that dispenses a reagent or a specimen and a dispensing arm that moves the nozzle (abstract); a cleaning tank ([0050], [0071], [0110], [0120], Fig. 3) for cleaning the nozzle; and a stop position of the nozzle is set, the stop position being a position at which the nozzle stops moving in the analysis process, the stop position including a suction position at which the nozzle sucks the reagent or the specimen from a container holding the reagent or the specimen (46’ is arranged separately from the substrate 40, 42, and the reservoirs 110), at least one position at which an image of the nozzle is taken is set as predetermined one or plural imaging positions (when using the imaging device 45 at the target positions, [0053] there is no overlapping of the nozzle and the imaging target in the image since 45 is pointing parallel to the nozzle in Fig., 9), Dijksman is silent to an automated analyzer control unit that adjusts a position of the nozzle, wherein the automated analyzer executes an analysis process of analyzing a mixed liquid of the reagent and the specimen, the mixed liquid being held in a reaction cell, at the dispensing mechanism, a delivery position at which the nozzle delivers the reagent or the specimen to the reaction cell, and a cleaning position at which the nozzle is cleaned, the dispensing mechanism includes an imaging device disposed on the dispensing arm, at the dispensing mechanism, the automated analyzer control unit moves the nozzle to the one or plural imaging positions of the nozzle, and takes the image of the nozzle, using the imaging device, at the imaging position, and the imaging position is a position to which the nozzle is allowed to move and is a position different from the stop position, whereby when taking an image of the cleaning tank, the container, or the reaction cell as an imaging target, using the imaging device, the automated analyzer control unit takes an image of the imaging target at a position at which the nozzle and the imaging target do not overlap in a taken image of the imaging target. Muratsubaki teaches in the related art of a nozzle and nozzle tip. [0008] The present invention has been made in view of the above problems, and provides a nozzle tip position measuring device capable of accurately measuring accurate position information on the order of micrometers without causing damage to the nozzle tip or contamination. An object of the present invention is to obtain a nozzle tip position measuring device that is free from cost problems. [0009] A nozzle tip position measuring device according to the invention described in claim 1 is a device for measuring the tip position of a nozzle provided in a moving means that can move relative to each other in three XYZ axial directions orthogonal to the XY plane of a base. The nozzle tip comprises reference area imaging means for taking an image in a predetermined reference area on the base, and the nozzle tip is moved to a predetermined reference position in the reference area. The positional deviation from the reference position of the nozzle tip is measured from the captured image at the time. [0010] According to a second aspect of the present invention, in the nozzle tip position measuring device according to the first aspect, the movement of the moving means according to the first aspect is controlled by position information based on a photographed image from the photographing means for photographing the base. The reference area imaging means includes an optical path for guiding an image of the reference area to the imaging means. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added a control unit that adjusts a position of the nozzle, wherein the automated analyzer executes an analysis process of analyzing a mixed liquid of the reagent and the specimen, the mixed liquid being held in a reaction cell, at the dispensing mechanism, a delivery position at which the nozzle delivers the reagent or the specimen to the reaction cell, and a cleaning position at which the nozzle is cleaned, the dispensing mechanism includes an imaging device disposed on the dispensing arm, at the dispensing mechanism, the automated analyzer control unit moves the nozzle to the one or plural imaging positions of the nozzle, and takes the image of the nozzle, using the imaging device, at the imaging position, and the imaging position is a position to which the nozzle is allowed to move and is a position different from the stop position, whereby when taking an image of the cleaning tank, the container, or the reaction cell as an imaging target, using the imaging device, the automated analyzer control unit takes an image of the imaging target at a position at which the nozzle and the imaging target do not overlap in a taken image of the imaging target, as taught by Muratsubaki, to the device of Dijksman, to allow for a nozzle tip position measuring device that measures the position of a nozzle tip of a spotting device that drops a minute amount of liquid onto a substrate such as a glass plate, as taught by Muratsubaki, in the Abstract. Regarding Claim 3, modified Dijksman teaches the automated analyzer according to claim 1, wherein the imaging position is a position at which a background of a front end of the nozzle is a blank background in an image of the nozzle that is taken by the imaging device ([0009] The nozzle tip comprises reference area imaging means for taking an image in a predetermined reference area on the base, and the nozzle tip is moved to a predetermined reference position in the reference area.). Regarding Claim 5, modified Dijksman teaches the automated analyzer according to claim 1, wherein when taking an image of the imaging target, using the imaging device, the automated analyzer control unit moves the nozzle from the imaging position to the position at which the nozzle and the imaging target do not overlap, at a speed lower than a speed of moving the nozzle in the analysis process ([0011] Calculating means for calculating the position information of the microwell image, and based on the position information calculated by the calculating means Control means for controlling the moving means and the spotting nozzle means; reference area imaging means for taking an image in a predetermined reference area on the base; and the spotting at a predetermined reference position in the reference area. A position measuring unit that measures a positional deviation of the nozzle tip from a reference position based on a photographed image when the nozzle tip is moved, and uses positional deviation information output from the measuring unit as calibration information of the control unit. It is characterized by this.). Regarding Claim 9, Dijksman teaches an automated analyzer (Figs. 3, 7, 9, 13-15) comprising: a dispensing mechanism including a nozzle that dispenses a reagent or a specimen and a dispensing arm that moves the nozzle ([0057] print head, pipette, 20, 21, see Abstract); a cleaning tank for cleaning the nozzle ([0050], [0071], [0110], [0120], Fig. 3); and a stop position of the nozzle is set, the stop position being a position at which the nozzle stops moving in the analysis process, the stop position including a suction position at which the nozzle sucks the reagent or the specimen from a container holding the reagent or the specimen (46’ is arranged separately from the substrate 40, 42, and the reservoirs 110), Dijksman is silent to an automated analyzer control unit that adjusts a position of the nozzle, a delivery position at which the nozzle delivers the reagent or the specimen to the reaction cell, and a cleaning position at which the nozzle is cleaned, the dispensing mechanism includes an imaging device disposed on the dispensing arm, at the dispensing mechanism, wherein the automated analyzer executes an analysis process of analyzing a mixed liquid of the reagent and the specimen, the mixed liquid being held in a reaction cell, at the dispensing mechanism, at least one position at which an image of the nozzle is taken is set as predetermined one or plural imaging positions, the automated analyzer control unit moves the nozzle to the one or plural imaging positions of the nozzle, and takes the image of the nozzle, using the imaging device, at the imaging position, the imaging position is a position to which the nozzle is allowed to move and is a position different from the stop position, and a cover that covers at least one of the cleaning tank, the container, and the reaction cell, wherein the imaging position is covered with the cover when the automated analyzer carries out the analysis process. Muratsubaki teaches in the related art of a nozzle and nozzle tip. [0008] The present invention has been made in view of the above problems, and provides a nozzle tip position measuring device capable of accurately measuring accurate position information on the order of micrometers without causing damage to the nozzle tip or contamination. An object of the present invention is to obtain a nozzle tip position measuring device that is free from cost problems. [0009] A nozzle tip position measuring device according to the invention described in claim 1 is a device for measuring the tip position of a nozzle provided in a moving means that can move relative to each other in three XYZ axial directions orthogonal to the XY plane of a base. The nozzle tip comprises reference area imaging means for taking an image in a predetermined reference area on the base, and the nozzle tip is moved to a predetermined reference position in the reference area. The positional deviation from the reference position of the nozzle tip is measured from the captured image at the time. [0010] According to a second aspect of the present invention, in the nozzle tip position measuring device according to the first aspect, the movement of the moving means according to the first aspect is controlled by position information based on a photographed image from the photographing means for photographing the base. The reference area imaging means includes an optical path for guiding an image of the reference area to the imaging means. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added a control unit that adjusts a position of the nozzle, wherein the automated analyzer executes an analysis process of analyzing a mixed liquid of the reagent and the specimen, the mixed liquid being held in a reaction cell, at the dispensing mechanism, a delivery position at which the nozzle delivers the reagent or the specimen to the reaction cell, and a cleaning position at which the nozzle is cleaned, the dispensing mechanism includes an imaging device disposed on the dispensing arm, at the dispensing mechanism, the automated analyzer control unit moves the nozzle to the one or plural imaging positions of the nozzle, and takes the image of the nozzle, using the imaging device, at the imaging position, and the imaging position is a position to which the nozzle is allowed to move and is a position different from the stop position, whereby when taking an image of the cleaning tank, the container, or the reaction cell as an imaging target, using the imaging device, the automated analyzer control unit takes an image of the imaging target at a position at which the nozzle and the imaging target do not overlap in a taken image of the imaging target, as taught by Muratsubaki, to the device of Dijksman, to allow for a nozzle tip position measuring device that measures the position of a nozzle tip of a spotting device that drops a minute amount of liquid onto a substrate such as a glass plate, as taught by Muratsubaki, in the Abstract. Regarding Claim 10, Dijksman teaches an automated analyzer (Figs. 3, 7, 9, 13-15) comprising: a dispensing mechanism including a nozzle that dispenses a reagent or a specimen (Figs. 3, 7, 9, 13-15) and a dispensing arm that moves the nozzle ([0057] print head, pipette, 20, 21, see Abstract); a cleaning tank for cleaning the nozzle ([0050], [0071], [0110], [0120], Fig. 3); and Dijksman is silent to an automated analyzer control unit that adjusts a position of the nozzle, wherein the automated analyzer executes an analysis process of analyzing a mixed liquid of the reagent and the specimen, the mixed liquid being held in a reaction cell, at the dispensing mechanism, a stop position of the nozzle is set, the stop position being a position at which the nozzle stops moving in the analysis process, the stop position including a suction position at which the nozzle sucks the reagent or the specimen from a container holding the reagent or the specimen, a delivery position at which the nozzle delivers the reagent or the specimen to the reaction cell, and a cleaning position at which the nozzle is cleaned, the dispensing mechanism includes an imaging device disposed on the dispensing arm, at the dispensing mechanism, at least one position at which an image of the nozzle is taken is set as predetermined one or plural imaging positions, the automated analyzer control unit moves the nozzle to the one or plural imaging positions of the nozzle, and takes the image of the nozzle, using the imaging device, at the imaging position, the imaging position being a position to which the nozzle is allowed to move and is a position different from the stop position, and a cover that covers at least one of the cleaning tank, the container, and the reaction cell, wherein the imaging position is on the cover. Muratsubaki teaches in the related art of a nozzle and nozzle tip. [0008] The present invention has been made in view of the above problems, and provides a nozzle tip position measuring device capable of accurately measuring accurate position information on the order of micrometers without causing damage to the nozzle tip or contamination. An object of the present invention is to obtain a nozzle tip position measuring device that is free from cost problems. [0009] A nozzle tip position measuring device according to the invention described in claim 1 is a device for measuring the tip position of a nozzle provided in a moving means that can move relative to each other in three XYZ axial directions orthogonal to the XY plane of a base. The nozzle tip comprises reference area imaging means for taking an image in a predetermined reference area on the base, and the nozzle tip is moved to a predetermined reference position in the reference area. The positional deviation from the reference position of the nozzle tip is measured from the captured image at the time. [0010] According to a second aspect of the present invention, in the nozzle tip position measuring device according to the first aspect, the movement of the moving means according to the first aspect is controlled by position information based on a photographed image from the photographing means for photographing the base. The reference area imaging means includes an optical path for guiding an image of the reference area to the imaging means. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added a control unit that adjusts a position of the nozzle, wherein the automated analyzer executes an analysis process of analyzing a mixed liquid of the reagent and the specimen, the mixed liquid being held in a reaction cell, at the dispensing mechanism, a delivery position at which the nozzle delivers the reagent or the specimen to the reaction cell, and a cleaning position at which the nozzle is cleaned, the dispensing mechanism includes an imaging device disposed on the dispensing arm, at the dispensing mechanism, the automated analyzer control unit moves the nozzle to the one or plural imaging positions of the nozzle, and takes the image of the nozzle, using the imaging device, at the imaging position, and the imaging position is a position to which the nozzle is allowed to move and is a position different from the stop position, whereby when taking an image of the cleaning tank, the container, or the reaction cell as an imaging target, using the imaging device, the automated analyzer control unit takes an image of the imaging target at a position at which the nozzle and the imaging target do not overlap in a taken image of the imaging target, as taught by Muratsubaki, to the device of Dijksman, to allow for a nozzle tip position measuring device that measures the position of a nozzle tip of a spotting device that drops a minute amount of liquid onto a substrate such as a glass plate, as taught by Muratsubaki, in the Abstract. Regarding Claim 11, Dijksman teaches an automated analyzer (Figs. 3, 7, 9, 13-15) comprising: a dispensing mechanism including a nozzle that dispenses a reagent or a specimen ([0057] print head, pipette, 20, nozzle 21) and a dispensing arm that moves the nozzle ([0057] print head, pipette, 20, 21, see Abstract); a cleaning tank for cleaning the nozzle ([0050], [0071], [0110], [0120], Fig. 3); and Dijksman is silent to an automated analyzer control unit that adjusts a position of the nozzle, wherein the automated analyzer executes an analysis process of analyzing a mixed liquid of the reagent and the specimen, the mixed liquid being held in a reaction cell, at the dispensing mechanism, a stop position of the nozzle is set, the stop position being a position at which the nozzle stops moving in the analysis process, the stop position including a suction position at which the nozzle sucks the reagent or the specimen from a container holding the reagent or the specimen, a delivery position at which the nozzle delivers the reagent or the specimen to the reaction cell, and a cleaning position at which the nozzle is cleaned, the dispensing mechanism includes an imaging device disposed on the dispensing arm, at the dispensing mechanism, at least one position at which an image of the nozzle is taken is set as predetermined one or plural imaging positions, the automated analyzer control unit moves the nozzle to the one or plural imaging positions of the nozzle, and takes the image of the nozzle, using the imaging device, at the imaging position, and the imaging position is a position to which the nozzle is allowed to move and is a position different from the stop position, wherein a plurality of the imaging positions are set, and when a position of a front end of the nozzle cannot be detected from an image of the nozzle that is taken at one imaging position of the plurality of imaging positions, the automated analyzer control unit takes an image of the nozzle at a different imaging position of the plurality of imaging positions. Muratsubaki teaches in the related art of a nozzle and nozzle tip. [0008] The present invention has been made in view of the above problems, and provides a nozzle tip position measuring device capable of accurately measuring accurate position information on the order of micrometers without causing damage to the nozzle tip or contamination. An object of the present invention is to obtain a nozzle tip position measuring device that is free from cost problems. [0009] A nozzle tip position measuring device according to the invention described in claim 1 is a device for measuring the tip position of a nozzle provided in a moving means that can move relative to each other in three XYZ axial directions orthogonal to the XY plane of a base. The nozzle tip comprises reference area imaging means for taking an image in a predetermined reference area on the base, and the nozzle tip is moved to a predetermined reference position in the reference area. The positional deviation from the reference position of the nozzle tip is measured from the captured image at the time. [0010] According to a second aspect of the present invention, in the nozzle tip position measuring device according to the first aspect, the movement of the moving means according to the first aspect is controlled by position information based on a photographed image from the photographing means for photographing the base. The reference area imaging means includes an optical path for guiding an image of the reference area to the imaging means. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added a control unit that adjusts a position of the nozzle, wherein the automated analyzer executes an analysis process of analyzing a mixed liquid of the reagent and the specimen, the mixed liquid being held in a reaction cell, at the dispensing mechanism, a delivery position at which the nozzle delivers the reagent or the specimen to the reaction cell, and a cleaning position at which the nozzle is cleaned, the dispensing mechanism includes an imaging device disposed on the dispensing arm, at the dispensing mechanism, the automated analyzer control unit moves the nozzle to the one or plural imaging positions of the nozzle, and takes the image of the nozzle, using the imaging device, at the imaging position, and the imaging position is a position to which the nozzle is allowed to move and is a position different from the stop position, whereby when taking an image of the cleaning tank, the container, or the reaction cell as an imaging target, using the imaging device, the automated analyzer control unit takes an image of the imaging target at a position at which the nozzle and the imaging target do not overlap in a taken image of the imaging target, as taught by Muratsubaki, to the device of Dijksman, to allow for a nozzle tip position measuring device that measures the position of a nozzle tip of a spotting device that drops a minute amount of liquid onto a substrate such as a glass plate, as taught by Muratsubaki, in the Abstract. Regarding Claim 12, modified Dijksman teaches the automated analyzer according to claim 9, wherein the imaging position is a position at which a background of a front end of the nozzle is a blank background in an image of the nozzle that is taken by the imaging device ([0009] The nozzle tip comprises reference area imaging means for taking an image in a predetermined reference area on the base, and the nozzle tip is moved to a predetermined reference position in the reference area.). Regarding Claim 13, modified Dijksman teaches the automated analyzer according to claim 10, wherein the imaging position is a position at which a background of a front end of the nozzle is a blank background in an image of the nozzle that is taken by the imaging device ([0009] The nozzle tip comprises reference area imaging means for taking an image in a predetermined reference area on the base, and the nozzle tip is moved to a predetermined reference position in the reference area.). Regarding Claim 14, modified Dijksman teaches the automated analyzer according to claim 11, wherein the imaging position is a position at which a background of a front end of the nozzle is a blank background in an image of the nozzle that is taken by the imaging device ([0009] The nozzle tip comprises reference area imaging means for taking an image in a predetermined reference area on the base, and the nozzle tip is moved to a predetermined reference position in the reference area.). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACQUELINE BRAZIN whose telephone number is (571)270-1457. The examiner can normally be reached M-F 8-5. 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, Charles Capozzi can be reached at 571-270-3638. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent- center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JB/ /CHARLES CAPOZZI/Supervisory Patent Examiner, Art Unit 1798 Application/Control Number: 18/564,766 Page 2 Art Unit: 1798 Application/Control Number: 18/564,766 Page 3 Art Unit: 1798 Application/Control Number: 18/564,766 Page 4 Art Unit: 1798 Application/Control Number: 18/564,766 Page 5 Art Unit: 1798 Application/Control Number: 18/564,766 Page 6 Art Unit: 1798 Application/Control Number: 18/564,766 Page 7 Art Unit: 1798 Application/Control Number: 18/564,766 Page 8 Art Unit: 1798 Application/Control Number: 18/564,766 Page 9 Art Unit: 1798 Application/Control Number: 18/564,766 Page 10 Art Unit: 1798 Application/Control Number: 18/564,766 Page 11 Art Unit: 1798 Application/Control Number: 18/564,766 Page 12 Art Unit: 1798 Application/Control Number: 18/564,766 Page 13 Art Unit: 1798 Application/Control Number: 18/564,766 Page 14 Art Unit: 1798 Application/Control Number: 18/564,766 Page 15 Art Unit: 1798 Application/Control Number: 18/564,766 Page 16 Art Unit: 1798 Application/Control Number: 18/564,766 Page 17 Art Unit: 1798
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