DETAILED 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 .
Status of Claims
There are two (2) sets of claims submitted on 07 DECEMBER 2023. The claim set considered is the claim set consisting of six (6) pages and the claims have status identifiers.
In the claim set, Claims 1-3, 9, 12, 13 and 14 are ‘ORIGINAL’; Claims 4-8, 10, 11, and 15 are ‘CURRENTLY AMENDED’.
Current pending claims are Claims 1-15 and are considered on the merits below.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07 DECEMBER 2023 was filed after. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
The information disclosure statement (IDS) submitted on 20 FEBRUARY 2024 was filed after. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities:
There is a period missing at the end of the paragraph on page 1 line 21, page 5 line 15.
There is double period at the end of the paragraph on page 17 line 21.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
A ‘pipette tip clamping mechanism for connecting to and clamping the pipette tips of the array of pipette during use’ in claim 1.
A ‘mechanism’ does not connote any particular structure. The ‘pipette tip clamping mechanism’ is defined later in claim 1 which comprises a ‘pipette tip mounting plate … a pipette tip clamping plate…’.
A ‘plunger clamping mechanism for connecting to and clamping the plungers of the array of pipettes during use’ in claim 1.
A ‘mechanism’ does not connote any particular structure. The ‘plunger clamping mechanism’ is defined later in claim 1 which comprises a ‘a plunger mounting plate having a plurality of plunger mounts each configured to couple with one of the plungers… a plunger mounting plate …’
A ‘drive actuator operable to move the plunger clamping mechanism in the axial direction towards or away from the plates of the pipette tip clamping mechanism to aspirate or dispense liquid during use, the drive actuator being configured to operate independently of the pipette tip clamping drive mechanism and the plunger clamping drive mechanism’ in claim 1.
An ‘actuator’ does not connote any particular structure. The claims and specification describes the ‘drive actuator’ to be a direct drive actuator in claim 2 or 3 and a motor driven belt or chain.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over INGENHOVEN, US Publication No. 2002/0131903 A1, submitted on the Information Disclosure Statement on 07 DECEMBER 2023, and further in view of YIU, WO 03/086632 A1.
Applicant’s invention is directed to a device, a pipetting head.
Regarding Claim 1, the reference INGENHOVEN discloses a pipetting head, abstract, Figure 1, device 1, [0016], for a liquid dispensing apparatus for use with an array of pipettes, Figure 2 and 3, [0031, 0035, 0037, 0038], each having a pipette tip and a plunger disposed within the pipette tip, Figure 1-3, [0027, 0029, 0031], tip 8, the pipetting head comprising:
a pipette tip clamping mechanism for connecting to and clamping the pipette tips of the array of pipette during use, Figure 1-3, tip 8 for pipetting liquids in a tip adapted is secure and tight seat, [0019]; and
a plunger clamping mechanism for connecting to and clamping the plungers of the array of pipettes during use, Figure 1, plate 13, [0017] connected via generator 6 with plate 12 that engages on the piston 4,
wherein the pipette tip clamping mechanism comprises:
a pipette tip mounting plate having a plurality of pipette tip mounts each configured to couple with one of the pipette tips during use, Figure 1-3, tip 8/tip adapter 8’ is secured to a seat;
a pipette tip clamping plate having a plurality of pipette tip clamping members each associated with one of the plurality of pipette tip mounts, Figure 1-3, part 25, [0036];
wherein the plunger clamping mechanism comprises:
a plunger mounting plate having a plurality/y of plunger mounts each configured to couple with one of the plungers during use, Figure 2, cylinder block 3’couples with piston 4, [0016, 0034, 0035];
a plunger clamping plate having a plurality of plunger clamping members each associated with one of the plurality of plunger mounts, Figure 1-3, plate 13 has recesses 18 in which ends 19 engage piston 4 of pumps/piston, [0029, 0033];
wherein the pipetting head further comprises a drive actuator operable to move the plunger clamping mechanism in the axial direction towards or away from the plates of the pipette tip clamping mechanism to aspirate or dispense liquid during use, [0043], the drive actuator being configured to operate independently of the pipette tip clamping drive mechanism and the plunger clamping drive mechanism, [0043, 0044].
The INGENHOVEN reference discloses the claimed invention, but is silent in regards to wherein the a pipette tip clamping drive mechanism comprising an actuator operable to drive relative movement between the pipette tip clamping plate and the pipette tip mounting plate in an axial direction to selectively engage the pipette tip clamping mechanism by moving it between a clamp position and a release position and a plunger clamping drive mechanism comprising an actuator operable to drive relative movement between the plunger clamping plate and the plunger mounting plate in the axial direction to selectively engage the plunger clamping mechanism by moving it between a clamp position and a release position.
The YIU reference discloses pipetting head, Figure 4B and 10, for a liquid dispensing apparatus for use with an array of pipettes each having a pipette tip and a plunger disposed within the pipette tip, Figure 11 and 12, the pipetting head comprising: a pipette tip clamping mechanism for connecting to and clamping the pipette tips of the array of pipette during use, Figure 4, locking plates 140/142/144; and a plunger clamping mechanism for connecting to and clamping the plungers of the array of pipettes during use, Figure 11 and 12, wherein the pipette tip clamping mechanism comprises: a pipette tip mounting plate having a plurality of pipette tip mounts each configured to couple with one of the pipette tips during use, Figure 11 and 12, block 118; a pipette tip clamping plate having a plurality of pipette tip clamping members each associated with one of the plurality of pipette tip mounts, Figure 4B, holder 150; wherein the plunger clamping mechanism comprises: a plunger mounting plate having a plurality of plunger mounts each configured to couple with one of the plungers during use, Figure 11 and 12, assembly 276; a plunger clamping plate having a plurality of plunger clamping members each associated with one of the plurality of plunger mounts, Figure 11 and 12, plate 274; the drive actuator, Figure 1, motor 110.
YIU further teaches a pipette tip clamping drive mechanism comprising an actuator operable to drive relative movement between the pipette tip clamping plate and the pipette tip mounting plate in an axial direction to selectively engage the pipette tip clamping mechanism by moving it between a clamp position and a release position, Figure 2-4B, page 5 line 15-page 6 line 7, and a plunger clamping drive mechanism comprising an actuator operable to drive relative movement between the plunger clamping plate and the plunger mounting plate in the axial direction to selectively engage the plunger clamping mechanism by moving it between a clamp position and a release position, Figure 11 and 12, page 8 line 12-29.
It would be obvious to one having ordinary skill in the art before the effective filing date to modify the claimed invention to modify the INGENHOVEN with the pipette tip clamping drive mechanism and plunger clamping drive mechanism as taught by YIU to minimize the amount of force or pressure to secure and move the items into place.
Additional Disclosures Included by the combination are Claim 2: wherein the pipetting head of claim 1, wherein the drive actuator is a direct drive actuator, INGENHOVEN Figure 1 and 4, motor 17, [0032]. ; Claim 3: wherein the pipetting head of claim 2, further comprising a chassis, wherein the drive actuator is a ball screw actuator comprising a motor fixed in relation to the chassis and a ball screw by which the motor is coupled to the plunger clamping mechanism, YIU Figure 1, motor 110 and screw 116. It would be obvious to one having ordinary skill in the art before the effective filing date to use the screw actuator as taught by YIU to precisely control the linear motion of the plunger clamping mechanism while increasing rigidity and reducing deflection. ; Claim 4: wherein the pipetting head of claim 1,wherein the plunger clamping drive mechanism comprises a plurality of guide rods by which the plunger clamping plate is operatively connected to the plunger mounting plate and along which the plunger clamping plate and the plunger mounting plate are moveable in the axial direction relative to each other by the actuator of the plunger clamping mechanism, the plurality of guide rods being moveable together with the plunger clamping plate and the plunger mounting plate in the axial direction by the drive actuator towards and away from the plates of the pipette tip clamping mechanism, INGENHOVEN, Figure 1 and 2, drive 10, [0031, 0033].; Claim 5: wherein the pipetting head of claim 1,wherein the plunger clamping drive mechanism comprises a threaded shaft connected to the actuator of the plunger clamping drive mechanism and extending through a threaded aperture which is fixed in relation to one of the plunger mounting plate, Figure 6, threaded screw 116, and the plunger clamping plate such that the threaded shaft drives relative movement between the plunger clamping plate and the plunger mounting plate in the axial direction when the threaded shaft is rotated by the actuator, Figure 6, screw 194, page 6 line 28-page 7 line 4. ; Claim 6: wherein the pipetting head of claim 1,wherein the pipette tip clamping drive mechanism comprises a threaded shaft connected to the actuator of the pipette tip clamping drive mechanism and extending through a threaded aperture which is fixed in relation to one of the pipette tip mounting plate and the pipette tip clamping plate such that the threaded shaft drives relative movement between the pipette tip clamping plate and the pipette tip mounting plate in the axial direction when the threaded shaft is rotated by the actuator, page 6 line 28-page 7 line 4, Figure 6, screw 194. ; Claim 7: wherein the pipetting head of claim 1,wherein the pipette tip clamping plate is positioned below the pipette tip mounting plate, INGENHOVEN, Figure 2, part 25 is lower than block 3’, [0036]. ; Claim 8: wherein the pipetting head of claim 1,wherein the plurality of pipette tip clamping members comprises a plurality of sleeves which define a clamping region, are co-axial with the plurality of pipette tip mounts and circumscribe the plurality of pipette tip mounts when the pipette tip clamping mechanism is engaged, INGENHOVEN Figure 2 and 3, sleeve 20, [0035, 0036]. ; Claim 9: wherein the pipetting head of claim 8, wherein the plurality of sleeves are defined by apertures defined in the pipette tip clamping plate, INGENHOVEN Figure 2 and 3, sleeve 20 is in part 25, [0035, 0036]. ; Claim 10: wherein the pipetting head of claim 8, wherein each of the plurality of pipette tip mounts comprises a radially extending feature on its outer surface which is configured to form one half of a snap-fit connection, INGENHOVEN Figure 1 and 2, [0019], and wherein the clamping region of each of the plurality of sleeves is axially adjacent to the radially extending feature on the outer surface of its associated pipette tip mount when the pipette tip clamping mechanism is in the clamp position, and is axially offset from the radially extending feature on the outer surface of its associated pipette tip mount when the pipette tip clamping mechanism is in the release position, INGENHOVEN Figure 1-3. ; Claim 11: wherein the pipetting head of 1,wherein the plurality of plunger mounts comprises a plurality of axially extending sleeves and wherein the plurality of plunger clamping members comprises a plurality of axially extending clamping rods which extend inside the plurality of axially extending sleeves when the plunger clamping mechanism is in the clamp position, INGENHOVEN Figure 2 and 3, [0033-0036]. ; Claim 12: wherein the pipetting head of claim 11, wherein each of the plurality of axially extending sleeves comprises a radially extending feature on its inner surface which is configured to form one half of a snap-fit connection, and wherein a clamping region of each of the plurality of clamping rods is axially adjacent to the radially extending feature on the inner surface of its associated plunger mount when the plunger clamping mechanism is in the clamp position, and is axially offset from the radially extending feature on the inner surface of its associated plunger mount when the plunger clamping mechanism is in the release position, Figure 4 and 4B, page 5 line 29 – page 6 line 7. ; Claim 13: wherein the pipetting head of claim 10, further including at least one pipette comprising: a pipette tip having a distal end with a dispensing aperture and a proximal end with a tip connector portion for connecting the pipette tip to the pipette tip clamping mechanism of the pipetting head during use, Figure 4B and 10, ribs 134, page 5 line 5-12; and a plunger having a distal end positioned inside the pipette tip and a proximal end with a hollow plunger connector portion for connecting the plunger to the plunger clamping mechanism of the pipetting head during use, Figure 11 and 12, page 8 line 12-27, wherein the tip connector portion has a radially extending feature on its inner surface configured to form a snap-fit connection with the radially extending feature on the outer surface of one of the plurality of pipette tip mounts and is configured to resiliently deflect in a radially outward direction from a rest position, in which the tip connector portion has a first outer diameter, to an expanded position, in which the tip connector portion has a second outer diameter which is larger than the first outer diameter by at least the radial extent of the radially extending feature of the tip connector portion, Figure 4B, taps 252, page 6 line 2-7, and wherein the clamping region of each of the plurality of sleeves of the tip clamping mechanism has an inner diameter which is greater than or equal to the first outer diameter of the tip connector portion and is less than the second outer diameter of the tip connector portion such that the clamping region prevents the tip connector portion from deflecting to the expanded position and thereby releasing the snap-fit connection when the tip clamping mechanism is in the clamp position, Figure 4B.; Claim 14: wherein the pipetting head of claim 12, further including at least one pipette comprising: a pipette tip having a distal end with a dispensing aperture and a proximal end with a tip connector portion for connecting the pipette tip to the pipette tip clamping mechanism of the pipetting head during use, INGENHOVEN Figure 2; and a plunger having a distal end positioned inside the pipette tip and a proximal end with a hollow plunger connector portion for connecting the plunger to the plunger clamping mechanism of the pipetting head during use, INGENHOVEN Figure 1-3, [0005, 0027, 0029], wherein the plunger connector portion has a radially extending feature on its outer surface configured to form a snap-fit connection with the radially extending feature on the inner surface of one of the plurality of plunger mounts and is configured to resiliently deflect in a radially inward direction from a rest position, in which the plunger connector portion has a first inner diameter, to a compressed position, in which the plunger connector portion has a second inner diameter which is smaller than the first inner diameter by at least the radial extent of the radially extending feature of the plunger connector portion, and wherein the clamping region of each of the plurality of axially extending clamping rods has an outer diameter which is less than or equal to the first inner diameter of the plunger connector portion and is greater than the second inner diameter of the plunger connector portion such that the clamping region prevents the plunger connector portion from deflecting to the compressed position and thereby releasing the snap-fit connection when the plunger clamping mechanism is in the clamp position, Figure 2-3, [0031-0038].
Applicant’s invention is directed towards a device, a liquid dispensing apparatus.
Regarding Claim 15, the combination reference disclose a liquid dispensing apparatus, YIU, Figure 1-4, 5-9, 11-15, comprising: a body with a microplate receiving area, YIU page 5 line 15, holder 150, ; and a pipetting head according to claim 1 , See Rejection to Claim 1 above, the pipetting head being positioned above the microplate receiving area, YIU, Figure 1-4, 5-9, 11-15.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE T MUI whose telephone number is (571)270-3243. The examiner can normally be reached M-Th 5:30 -15:30 EST.
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CTM
/CHRISTINE T MUI/Primary Examiner, Art Unit 1797
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