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 .
Election Without Traverse
Applicant’s election without traverse of Group 1 represented by claims 1-8 in the reply filed on date 08/25/2026 is acknowledged.
Claims 9-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 08/25/2026 .
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.
(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.
Claims 1, 3-5 are rejected under 35 U.S.C. 102(a)(1)(a)(2) as being anticipated by Yoshida et al. (US20200335372).
Regarding Claim 1, Yoshida et al. discloses a glass slide transport device(1), that transports a glass slide see Fig 1, the glass slide transport device comprising: a gripping portion(5A) configured to grip and release the glass slide(10); and a drive unit(41) configured to move the gripping portion(5A), wherein the gripping portion(5A) includes at least three or more finger portions(52, 53, 84), and (paragraph 43), a finger drive unit(71) configured to operate the plurality of finger portions(52, 53, 84), and each of the plurality of finger portions(52, 53, 84), includes a support portion(521), see Fig 6, configured to support a part of a lower surface of the glass slide(10), and a pointed head portion(523) configured to come into contact with a gripping point(see Fig 6, paragraph 47, positioned on edge of substrate 10), the gripping point being provided on a side surface of the glass slide at a position below an upper surface of the glass slide, paragraph 47.
Regarding Claim 3, Yoshida et al. discloses a glass slide transport device(1) and all the limitations of Claim 1.
Yoshida et al. further discloses a glass slide transport device(1), wherein each of the plurality of finger portions(52, 53, 84) includes a first surface(522) connecting the support portion(521) and the pointed head portion(523), and a second surface(523) including the pointed head portion(523) and intersecting the first surface(522), see Figs 6-8.
Claim Rejections - 35 USC § 103
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.
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.
Claim 2 is rejected under 35 U.S.C 103 as being unpatentable over Yoshida et al. (US20050021177).
Yoshida et al. discloses a glass slide transport device and all the limitations of Claim 1.
Yoshida et al. further discloses a glass slide transport device(1), comprising of the upper surface of the glass and gripping point of the side surface.
Yoshida et al. does not explicitly disclose a glass slide transport device(1), wherein a distance from the upper surface of the glass slide to the gripping point on the side surface is 0.5 mm or more.
A person of ordinary skill in the art can recognize a distance from the upper surface of the glass slide to the gripping point on the side surface is 0.5 mm or more.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to select, a distance of 0.5mm or more between the upper surface of the glass slide and the gripping point on the side surface, since such a modification would involve a mere change in the size of a component, thereby providing a side surface contact region for gripping the glass slide. A change in size is generally recognized as being within the level of ordinary skill in the art. See MPEP 2144.04 (VI) (A).The predictable result can be placing the gripping point below the upper surface to provide a side surface contact for gripping the glass slide.
Regarding Claim 4, Yoshida et al. discloses a glass slide transport device(1) and all the limitations of Claim 3.
Yoshida et al. further discloses a glass slide transport device, comprising of a claw(52) with a groove(522) and claw portion(523) extending along an edge of the groove portion(522), where the side surface of the substrate(10) is fitted in the groove portion(522) been retained by the claw(523), see Fig 6, paragraph 47-48. The surface of the claw(523) opposing the groove portion(522) is the second surface which includes the pointed head portion, Fig 6 shows the edge of the substrate 10 been received within the groove portion(522), see paragraph 47-48, the side surface of the substate(10) is positioned perpendicularly to the second surface, though it is not stated that an angle between the side surface of the glass slide and the second surface is at 90 degrees or more.
Yoshida et al. does not explicitly disclose a glass slide transport device(1), wherein an angle between the side surface of the glass slide and the second surface is 90 degrees or more.
A person of ordinary skill in the art can recognize an angle between the side surface of the glass slide and the second surface as 90 degrees or more.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to select an angle between the side surface of the glass slide and the second surface at 90 degrees or more to provide seating of the substrate edge in the groove portion(522). A selection of the appropriate angle is generally recognized as being within the level of ordinary skill in the art, see MPEP 2144.04 (VI) (A). The predictable result is retaining and positioning the substrate in the claw(52).
Regarding Claim 5, Yoshida et al. discloses a glass slide transport device(1) and all the limitations of Claim 3.
Yoshida et al. further discloses a glass slide transport device, comprising of a claw(52) with a groove(522) and claw portion(523) extending along an edge of the groove portion(522), where the side surface of the substrate(10) is fitted in the groove portion(522) been retained by the claw(523), see Fig 6, paragraph 47-48. The groove portion(522) is the first surface, Fig 6 shows the edge of the substrate 10 been received within the groove portion(522).
Yoshida et al. does not explicitly disclose a glass slide transport device(1), wherein an angle between the side surface of the glass slide and the first surface is 10 degrees or more.
A person of ordinary skill in the art can recognize an angle between the side surface of the glass slide and the first surface as 10 degrees or more.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to select an angle between the side surface of the glass slide and the first surface at 10 degrees or more to provide seating of the substrate edge in the groove portion(522). A selection of the appropriate angle is generally recognized as being within the level of ordinary skill in the art, see MPEP 2144.04 (VI) (A). The predictable result is retaining and positioning the substrate in the claw(52).
Claim 6 is rejected under 35 U.S.C 103 as being unpatentable over Yoshida et al. (US20050021177).
Yoshida et al. discloses a glass slide transport device and all the limitations of Claim 1.
Yoshida et al. further discloses a glass slide transport device(1), comprising of gripping point(52, 53, 84), and the pointed head portion, see Fig 1 and Fig 4.
Yoshida et al. does not explicitly disclose a glass slide transport device(1), wherein when a horizontal direction parallel to the side surface including the gripping point is defined as a width direction, the length of the pointed head portion in the width direction is 2 mm or less.
A person of ordinary skill in the art can recognize the dimension of a pointed head to have a length of 2mm or less
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to select the pointed head portion to have a length of 2mm or less in the direction of the width. A selection of the appropriate size is generally recognized as being within the level of ordinary skill in the art, see MPEP 2144.04 (VI) (A). The predictable result can be a pointed head portion with reduced width, hence providing a smaller contact area for engaging the side surface of the glass slide.
Claim 7 is rejected under 35 U.S.C 103 as being unpatentable over Yoshida et al. (US20200335372) in view of Downs et al. (US20070005182).
Yoshida et al. discloses a glass slide transport device and all the limitations of Claim 1.
Yoshida et al. further discloses a glass slide transport device(1), comprising of a gripping portion(40) with three finger portions(52, 53, 84) and a drive unit configured to actuate the finger portion.
Yoshida et al. does not explicitly disclose a glass slide transport device(1), comprising a distance between the first finger portion(A) and the second distance portion(B) to be greater than the length of the sample plate(25) in the direction of the long side while positioned below the sample plate and controlling distance to be smaller than the length of the sample plate(25) and further reduction of the distance to obtain the gripping interaction.
Downs et al. discloses a control unit(15) configured to control the finger drive unit(20), wherein when attention is paid to a first finger portion(ARM A) and a second finger portion(ARM B) as a pair, the control unit(15) controls a distance between the first finger portion(A) and the second finger portion(B) to be larger than a length of the glass slide in a long-side direction, controls the support portion of the first finger portion(A) and the support portion of the second finger portion(B) to move to positions lower than the glass slide(25) while maintaining a state in which the distance between the first finger portion(A) and the second finger portion(B) is larger than the length of the glass slide(25) in the long-side direction, controls the distance between the first finger portion(A) and the second finger portion(B) to be smaller than the length of the glass slide(25) in the long-side direction in a state in which the support portion of the first finger(A) portion and the support portion(40) of the second finger portion(B) are located at the positions lower than the glass slide, controls the first finger portion(A) and the second finger portion(B) to be raised to bring the support portion of the first finger portion(A) and the support portion of the second finger portion(B) into contact with a part of the lower surface of the glass slide(25) in a state in which the distance between the first finger portion(A) and the second finger portion(B) is smaller than the length of the glass slide in the long-side direction, and controls the distance between the first finger portion(A) and the second finger portion(B) to be further reduced to bring the pointed head portion of the first finger portion(A) into contact with the gripping point present in a first side surface of the glass slide(25) and bring the pointed head portion of the second finger portion into contact with the gripping point(20) present in a second side surface(27) of the glass slide in a state in which the support portion of the first finger portion and the support portion(40) of the second finger portion(B) are in contact with a part of the lower surface of the glass slide(25), see paragraphs 59, 67-68, 70 and 76.
A person of ordinary skill in the art can recognize the dimensions of the sample plate and control the spacings between arms A and arms B, in a way that the spacing can be initially greater than the length of the sample plate. Selection of the dimensions and spacing of the arms and other components to obtain known configuration can be within the level of ordinary skill in the art, see MPEP 2144.04 (VI) (A).The predictable result can be that the grasping arms A and grasping arms B will provide clearance for allowing the support surfaces(40) to be below the sample plate(25), hence adequately gripping the sample plate(25) for transport and pick up.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify the gripping device of Yoshida et al. (US20200335372) with the gripping configuration comprising of controller(15) as taught by Downs et al. (US20070005182) to provide controlled motion of the finger portions to grip and release of the glass slide during transport.
Claim 8 is rejected under 35 U.S.C 103 as being unpatentable over Yoshida et al. (US20200335372) in view of Downs et al. (US20070005182).
Yoshida et al., in view of Downs et al. discloses a glass slide transport device and all the limitations of Claim 7.
Downs et al. discloses a glass slide transport device, wherein in a state in which the distance between the first finger portion(A) and the second finger portion(B) is smaller than the length of the glass slide in the long-side direction, the finger drive unit controls the first finger portion and the second finger portion are controlled to motion upwardly to allow the support portions(40) of the members(35) to support interaction with the lower portion of the glass slide(25), see paragraph 75-76.
Downs et al. does not explicitly disclose a glass slide transport device, wherein the first and second portions are raised at a rising speed of less than 4mm/s.
A person of ordinary skill in the art can be motivated to select the rising speed of less than 4mm/s to obtain interaction between the glass slide and the support plate, see MPEP 2144.05(II)(A) with the predicable result of controlled upward movement of the finger portions at the required speed or less than, to obtain synchronized interaction of the finger/support portions(40) with the lower surface of the glass slide(25).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify the gripping device of Yoshida et al. (US20200335372) with the controlled upward movement of the first finger portion(A) and the second finger portion(B) as taught by Downs et al. (US20070005182) to provide synchronized motion of the finger portions into contact with a part of the lower surface of the glass slide, hence enhancing engagement of the glass slide during transport and pick up, see paragraph 59.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL T KIO whose telephone number is (571)270-0743. The examiner can normally be reached Monday-Friday 8a.m -5 p.m.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert W Hodge can be reached at 571-272-2097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MTK./
Examiner, Art Unit 3654
/ROBERT W HODGE/Supervisory Patent Examiner, Art Unit 3654
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