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 Rejections - 35 USC § 102
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.
Claims 24-26, 28-36 and 38-42 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ingber et al. (US 2011/0093207).
Regarding claim 24, Ingber discloses a well carrier device for a dispensing device for dispensing a liquid sample (not that the dispensing device is not positively recited herein and the claims are only directed to the structures associated with the well carrier device), with a well carrier (carousel 15) that comprises
a coupling (gear that connects with rotating table that supports carousel 15, para. 99) that connects with a rotating drive of the dispensing device in a rotationally fixed manner (this limitation does not further structurally limit the instant claim because the claims are directed to the well carrier device), wherein the well carrier device comprises
at least one well comprising a hole arranged at a well bottom (see fig. 2, ref. 20; pipette tip having a hold arranged at the bottom; a well is broadly being interpreted as a container such as a pipette tip) and at least one holder element (fig. 2, ref. 12) for holding the at least one well (20) for receiving a liquid sample (the well 20 is structurally capable of receiving a liquid sample. A liquid sample is not positively recited and can be added to the at least one well at a later time), wherein the holder element is detachably connected to the well carrier (this limitation does not further structurally limit the instant claim because there is not structure that requires the holder element to be detachably connected to the well carrier. Further Ingber holder element 12 rests within the carousel via gravity and is disposable which requires it to be detachably connected to the carousel (well carrier)), and wherein a liquid sample received in the well is dispensable from the well through the hole arranged at the well bottom (a liquid sample received is drawn to a processes/intended use limitation which does not further structurally limit the instant claim. The well (pipette tip) is structurally capable of receiving a sample and then dispensing through the bottom hold of the pipette tip).
Regarding claim 25, the well carrier device according to claim 24, wherein:
the well carrier device is disc shaped (see round carousel 15; and/or
the well carrier device has a circular shape in cross section (this is an or limitation and is not being relied upon); and/or
the connection between the carrier device and the holder element is configured such that the holder element can be detached tool free from the well carrier (this is an or limitation and is not being relied upon).
Regarding claim 26, the well carrier device according to claim 24, wherein the well carrier has a connecting portion (see fig. 14a, sidewalls or base of well carrier portion 15) for connecting with the holder element, and wherein:
a. the connecting portion is arranged at an edge of the well carrier (see fig. 14a); and/or
b. the connecting portion extends along a part of a circumference of the well carrier (see fig. 14a); and/or
c. an extension of the connecting portion in an axial direction is smaller than an extension of the remaining part of the well carrier in the axial direction (see fig. 14a).
Regarding claim 28, the well carrier device according to claim 24, wherein the well carrier comprises at least one opening (either opening 18 or 24 are opening that are capable of holding a fluid) for receiving a fixing means of the dispensing device during a dispensing process (this limitation does not further structurally limit the instant claim because the limitation is drawn to a process/intended use limitation).
Regarding claim 29, the well carrier device according to claim 28, wherein a number of openings corresponds with a number of wells that can be attached to the holder element (See fig.1a).
Regarding claim 30, the well carrier device according to claim 24, wherein the well carrier comprises at least one light (UV-light source, para 97).
Regarding claim 31, the well carrier device according to claim 30, wherein:
a. the light is arranged at a front face of a connecting portion (see fig. 4a); and/or
b. a number of lights corresponds with a number of wells that can be attached to the holder element (this is an conditional limitation and is not relied upon for this interpretation); and/or
c. the light is arranged and/or orientated such that it lights the holder element (see fig. 4a).
Regarding claim 32, the well carrier device according to claim 24, wherein the holder element is arc-shaped (see fig. 1a,4a).
Regarding claim 33, the well carrier device according to claim 24, wherein the holder element is formed such that it does not cover the hole arranged at the well bottom (see fig. 2).
Regarding claim 34, the well carrier device according to claim 24, wherein: a. the holder element has a holding portion for holding a well (see fig. 2), wherein the holding portion is configured such that the well is insertable from an axial direction and/or
a radial direction into the holding portion (see fig. 1a); and/or
b. the holder element has several holding portions wherein the holding portions are arranged offset to each other (this is an conditional limitation and is not relied upon for this interpretation).
Regarding claim 35, the well carrier device according to claim 24, wherein the holder element has an upper plate (122 plate) and a lower plate (base 134 that has a bottom) that are arranged offset to each other (see fig. 8a- 8b, main body and addition 122).
Regarding claim 36, the well carrier device according to claim 35, wherein:
a. the upper plate and the lower plate are connected with each other by at least two bars (See fig. 8b); and/or
b. the upper plate and lower plate run parallel to each other (See fig. 8b).
Regarding claim 38, the well carrier device according claim 24, wherein:
in a connected state of the holder element with the well carrier, an upper side of the holder element is flush with an upper side of the well carrier (See fig. 8a) and/or
a lower side of the holder element is flush with a lower side of the well carrier (this is an conditional limitation and is not relied upon for this interpretation); and/or
the holder element is formed such that it is connectable with the well carrier by moving it in radial direction (this is an conditional limitation and is not relied upon for this interpretation).
Regarding claim 39, a dispensing device for dispensing a liquid sample, with a well carrier device according to claim 24, a rotating drive that is connected with the well carrier device in a rotationally fixed manner (see fig. 1) and a dispensing head for dispensing liquid sample located in a well of the well carrier device (see fig. 3b).
Regarding claim 40, the dispensing device according to claim 39, wherein the dispensing device has a plate with a receiving comprising a front opening, wherein the well carrier device is arranged in the receiving and protrudes from the front opening (see fig. 7; para 105).
Regarding claim 41, the dispensing device according to claim 39, wherein the dispensing device comprises a control unit that controls the rotating drive such that the well carrier device is rotated in at least one of an insertion position, in which the holder element can be removed from the well carrier or connected with the well carrier, a dispensing position in which the liquid is dispensed from the well, or a parking position (para 105, fig. 7, control unit 27).
Regarding claim 42, the dispensing device according to claim 39, wherein:
a. the dispensing device comprises a fixing means which protrudes in an opening of the well carrier during a dispensing process (see fig. 7, para 105); and/or
b. the holder element is connectable to the well carrier (See fig. 1,1a, and 7) or detachable from the well carrier when the well carrier is arranged in the receiving of the dispensing device.
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, 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 27 and 37 are rejected under 35 U.S.C. 103 as being unpatentable over Ingber et al. (US 2011/0093207) in view of Antinjuntti (US 2019/0234977).
Regarding claim 27, the well carrier device according to claim 24, wherein the well carrier comprises at least one magnet for magnetically connecting the holder element to the well carrier (abstract, para 18, 42-43, fig. 3, magnet 10 located in well carrier). Antinjuntti teaches a well carrier device for a dispensing device for dispensing a liquid sample, with a well carrier that comprises a coupling that connects with a rotating drive of the dispensing device in a rotationally fixed manner (note that the dispensing device is not positively recited herein and the claims are only directed to the structures associated with the well carrier device). It would have been obvious to one having an ordinary skill in the art at that time of the invention to modify Ingber to employ a magnet for magnetically connecting the holder element to the well carrier in order to make a firmer connection as taught by Antinjuntti.
Regarding claim 37, the well carrier device according to claim 36, wherein the bar comprises at least one magnet (7) for magnetically connecting the holder element to the well carrier (see fig. 1-4). It would have been obvious to one having an ordinary skill in the art at that time of the invention to modify Ingber to employ a magnet for magnetically connecting the holder element to the well carrier in order to make a firmer connection as taught by Antinjuntti.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL P SIEFKE whose telephone number is (571)272-1262. The examiner can normally be reached Monday-Friday 8-5.
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/SAMUEL P SIEFKE/Primary Examiner, Art Unit 1758
