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 .
Claim Objections
Claims 1-6 and 9-14 are objected to for displaying the status identifier “Deleted”. The claims should be amended to instead display the status identifier “Canceled” to conform with US practice.
Claims 15-18 are objected to for displaying the status identifier “Added”. The claims should instead display the status identifier “New” to conform with US practice.
However, in the next round of prosecution, the claims should be amended to display “previously presented” or “currently amended”. Herein, the “Added” claims are interpreted as “New” claims.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7-8 and 15-18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 7-8 and 15-18 recite “operation rate...of the Peltier element” wherein the term “operation rate” is indefinitely understood herein. The claims do not provide a definition of “operation rate”, nor a relation to the current. The instant specification fails to clarify the meaning of “operation rate”. Para. [0026] of the instant specification describes the operation rate as an “energization rate”; however, this term is also not particularly defined. Further, the instant line graph Figs. 9, 11-13, 15-16, and 18-19 allegedly showing setting of the operation rate still do not add clarification to what the operation rate actually is. If Applicant intends the operation rate to be the amount of times in a time period a current is passed through the Peltier device, Applicant must provide a showing of the instant disclosure linking the term “operation rate” to such a description.
Claims 15 and 17 recite the limitation "the time of activation of the automatic analyzer". There is insufficient antecedent basis for this limitation in the claims. Applicant may wish to amend the claims to recite “a time of activation of the automatic analyzer”.
Regarding Claim 17, the claim recites “according to the difference between the temperature detected by the first temperature sensor and the temperature detected by the second temperature sensor”. However, Claim 8, on which Claim 17 depends, discusses comparing the temperatures read by the first and second sensors being compared to a set temperature, not to one another. Does Applicant intend Claim 17 to recite comparing the temperatures read by the first and second sensors as being compared to a set temperature? Clarification is requested.
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 7-8 and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshibumi et al. (JP S63190652 A – as seen through the machine translation available on Google Patents and attached herein), hereinafter “Yoshibumi”, in view of Fujima et al. (CN 1744866 A – as seen through the machine translation available on Google Patents and attached herein), hereinafter “Fujima”, and Knopf et al. (US PAT 5,061,630 A), hereinafter “Knopf”.
Regarding Claim 7, Yoshibumi teaches an automatic analyzer (“Similar to a biochemical analyzer, human serum or the like is used as a sample, and the sample is mixed with a desired reagent in a reaction cell, and the state of this chemical reaction is optically measured for diagnosis such as absorbance.”) comprising:
a reaction tank 1 configured to hold a liquid 2 (“the constant temperature bath 1, and the constant temperature water 2”) in which a reaction vessel 4 configured to contain a reaction liquid 3 is to be immersed (“It holds a plurality of reaction cells 4 filled with liquid 3.”);
a pump 6 configured to circulate the liquid 2 and supply the liquid 2 to the reaction tank 1 (“the constant temperature water 2 is circulated through the circulation channel 5 by driving a pump 6”);
a heater 7 configured to heat the liquid 2 (“First, by turning on the power source 9, the heater 7 is brought into a heating state, and a current is applied in a direction that causes the thermionic element 15 to perform a heating operation. As a result, the temperature of the constant temperature water 2 rises as shown in FIG. 3”);
a Peltier element 15 configured to heat and cool the liquid 2 (“Thermionic element 15 is connected to heater control circuit 8 via wiring 17, and the direction of the current flowing therethrough is switched. As a result, the thermionic element 15 performs heating (heat radiation) and cooling (heat absorption) operations.”);
a first temperature sensor 11 configured to detect a temperature of the liquid 2 (“The temperature of the constant temperature water 2 is adjusted according to the temperature detected by the temperature sensor 11 installed at the temperature sensor 11 so that the constant temperature water 2 is kept at a constant temperature based on the set temperature.”);
a control device 8 configured to control an output of the heater 7 and an output of the Peltier element 15 based on the temperature detected by the first temperature sensor 11 (“Thermionic element 15 is connected to heater control circuit 8 via wiring 17, and the direction of the current flowing therethrough is switched. As a result, the thermionic element 15 performs heating (heat radiation) and cooling (heat absorption) operations.” – “a heater 7, and a heater control circuit 8. It consists of a power source 9 and a temperature sensor 11” – “by turning on the power source 9, the heater 7 is brought into a heating state”),
wherein the control device 8 controls (Examiner notes that while all the recitations hereafter in the claim are mapped to the prior art, said recitations do not hold particular patentable weight and are seen as mere intended uses of the controller. If Applicant wishes these recitations to hold patentable weight, Applicant should amend the claim to recite “the control device further configured to control” so as to satisfy the configured/programmed to claim requirements of the PTO for allowing patentable weight to the special functions of a controller.) the output of the Peltier element 15 such that the Peltier element 15 performs a cooling operation of cooling the liquid 2 when the temperature detected by the temperature sensor 11 is equal to or higher than a predetermined temperature (“...when a temperature equal to or higher than Tc is detected by the temperature sensor 11, a current is applied to the thermionic element 15 to perform a cooling operation and lower the temperature of the constant temperature water 2. 1 until the heater 7 reaches the set temperature Ts.”), and
the Peltier element 15 performs a heating operation of heating the liquid 2 when the temperature detected by the temperature sensor 11 is lower than the predetermined temperature (“When a temperature lower than c is detected, a current is applied to the thermionic element 15 to perform a heating operation and use this heat to raise the temperature of the constant temperature water 2.”),
as in Claim 7.
Further regarding Claim 7, Yoshibumi does not specifically teach the automated analyzer discussed above wherein the control unit increases an operation rate or a current of the Peltier element 15 as the temperature detected by the temperature sensor 11 increases in the cooling operation, and increases the operation rate or the current of the Peltier element as the temperature detected by the temperature sensor decreases in the heating operation, as in Claim 7.
However, Fujima teaches a respective temperature control device for controlling temperature of a heat bath using Peltier elements (Abstract) wherein a control unit increases a current of a Peltier element as the temperature detected by a temperature sensor increases in the cooling operation, and increases the current of the Peltier element as the temperature detected by the temperature sensor decreases in the heating operation (“using a temperature sensor to detect the temperature of the end face part of the end cover in contact with the temperature control body; Based on the detected temperature, the temperature of the end face portion of the end shield in contact with the temperature control body is controlled by adjusting the voltage applied to the Peltier element.” -- “In the steady state, the temperature of the heat sink member is maintained at a predetermined temperature lower than the temperature of the burning surface in the steady state by the external cooler, and by applying current, to maintain a predetermined temperature at steady state. When rapidly cooling, the applied current is switched from heating mode to cooling mode to achieve rapid cooling.” -- “The controller is not particularly limited as long as it can change the state of the applied current, that is, the voltage applied to the Peltier elements 11a, 11b based on the temperature signal.”). Therein, this arrangement allows for more rapid heating/cooling correction of the temperature bath.
Thus, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify the automated analyzer of Yoshibumi wherein the control unit increases an operation rate or a current of the Peltier element as the temperature detected by the temperature sensor increases in the cooling operation, and increases the current of the Peltier element as the temperature detected by the temperature sensor decreases in the heating operation, such as suggested by Fujima, so as to enable and allow for more rapid heating/cooling correction of the temperature bath, thereby avoiding errors related to incorrect reaction temperature.
Further regarding Claim 7, Yoshibumi does not specifically teach the automated analyzer discussed above further comprising an air temperature sensor configured with the control unit and Peltier element to adjust the temperature of the temperature bath, as in Claim 7.
However, Knopf teaches a respective Peltier device for temperature-controlled heating and cooling of a laboratory apparatus (Abstract and Fig. 1), wherein an air temperature sensor (Sensor 11 (Fig. 2), and another temperature sensor not shown within the block of the Peltier device – See also Knopf Claim 17 discussing ambient temperature, thereby requiring an ambient temperature sensor so as to identify said ambient temperature.) positioned within the Peltier device monitors the temperature of air flowing therethrough as actuated by the ventilator fan 13. Therein, a control unit of the Peltier device monitors the air temperature to alter the heating and cooling modes of the Peltier device (“The control unit further contains a temperature indicating device (22) at which, according to choice, the preselected temperature of the actual temperature can be read. By means of the switch (33) either the temperature of the working surface (2) or of the sample can be displayed. The signals stem from the corresponding temperature sensors; one of them incorporated in the working block and another one (11) externally connected through the socket (27) for the temperature of the sample. The switch (24) of the control unit serves for interchanging cooling or heating modes of the working unit. When using a microcomputer for the programming of temperature cycles the function of switch (24) is taken over automatically by the control unit through comparison of the preselected and measured temperatures.”), thereby allowing for an additional layer of temperature data for controlling the Peltier device in addition to the sensor which monitors the reaction liquid temperature so as to take into account the propensity of the bath to approach equilibrium towards the ambient temperature.
Thus, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify the automatic analyzer of Yoshibumi further comprising an air temperature sensor configured with the control unit and Peltier element to adjust the temperature of the temperature bath in response to the ambient air temperature, such as suggested by Knopf, so as to provide and allow for an additional layer of temperature data for controlling the Peltier device in addition to the sensor which monitors the reaction liquid temperature so as to take into account the propensity of the bath to approach equilibrium towards the ambient temperature, thereby ensuring a more accurate and precise adjustment of the water bath to maintain its target temperature.
Regarding Claim 8, Yoshibumi teaches an automatic analyzer (“Similar to a biochemical analyzer, human serum or the like is used as a sample, and the sample is mixed with a desired reagent in a reaction cell, and the state of this chemical reaction is optically measured for diagnosis such as absorbance.”) comprising:
a reaction tank 1 configured to hold a liquid 2 (“the constant temperature bath 1, and the constant temperature water 2”) in which a reaction vessel 4 configured to contain a reaction liquid 3 is to be immersed (“It holds a plurality of reaction cells 4 filled with liquid 3.”);
a pump 6 configured to circulate the liquid 2 and supply the liquid 2 to the reaction tank 1 (“the constant temperature water 2 is circulated through the circulation channel 5 by driving a pump 6”);
a heater 7 configured to heat the liquid 2 (“First, by turning on the power source 9, the heater 7 is brought into a heating state, and a current is applied in a direction that causes the thermionic element 15 to perform a heating operation. As a result, the temperature of the constant temperature water 2 rises as shown in FIG. 3”);
a Peltier element 15 configured to heat and cool the liquid 2 (“Thermionic element 15 is connected to heater control circuit 8 via wiring 17, and the direction of the current flowing therethrough is switched. As a result, the thermionic element 15 performs heating (heat radiation) and cooling (heat absorption) operations.”);
a first temperature sensor 11 configured to detect a temperature of the liquid 2 (“The temperature of the constant temperature water 2 is adjusted according to the temperature detected by the temperature sensor 11 installed at the temperature sensor 11 so that the constant temperature water 2 is kept at a constant temperature based on the set temperature.”);
a control device 8 configured to control an output of the heater 7 and an output of the Peltier element 15 based on the temperature detected by the first temperature sensor 11 (“Thermionic element 15 is connected to heater control circuit 8 via wiring 17, and the direction of the current flowing therethrough is switched. As a result, the thermionic element 15 performs heating (heat radiation) and cooling (heat absorption) operations.” – “a heater 7, and a heater control circuit 8. It consists of a power source 9 and a temperature sensor 11” – “by turning on the power source 9, the heater 7 is brought into a heating state”),
wherein the control device 8 controls (Examiner notes that while all the recitations hereafter in the claim are mapped to the prior art, said recitations do not hold particular patentable weight and are seen as mere intended uses of the controller. If Applicant wishes these recitations to hold patentable weight, Applicant should amend the claim to recite “the control device further configured to control” so as to satisfy the configured/programmed to claim requirements of the PTO for allowing patentable weight to the special functions of a controller.) the output of the Peltier element 15 such that the Peltier element 15 performs a cooling operation of cooling the liquid 2 when the temperature detected by the temperature sensor 11 is equal to or higher than a predetermined temperature (“...when a temperature equal to or higher than Tc is detected by the temperature sensor 11, a current is applied to the thermionic element 15 to perform a cooling operation and lower the temperature of the constant temperature water 2. 1 until the heater 7 reaches the set temperature Ts.”), and
the Peltier element 15 performs a heating operation of heating the liquid 2 when the temperature detected by the temperature sensor 11 is lower than the predetermined temperature (“When a temperature lower than c is detected, a current is applied to the thermionic element 15 to perform a heating operation and use this heat to raise the temperature of the constant temperature water 2.”),
as in Claim 8.
Further as in Claim 8, the claim merely requires the second temperature sensor be “disposed between” the reaction tank and the pump. The claim does not require the temperature sensor be disposed in a flow path of the fluid being circulated by the pump. As such, the “disposed between” is seen as a mere locational restriction of the temperature sensor not particularly affecting its function of measuring a particular region of the fluid or area of the device. Thus, the second temperature sensor be “disposed between” the reaction tank and the pump is viewed herein as an obvious matter of design choice. Mere change in orientation or position of elements absent any criticality or unexpected result is an obvious matter of design choice – see MPEP 2144.04(VI)(C).
Further regarding Claim 8, Yoshibumi does not specifically teach the automated analyzer discussed above wherein the control unit increases an operation rate or a current of the Peltier element 15 as the temperature detected by the temperature sensor 11 increases in the cooling operation, and increases the operation rate or the current of the Peltier element 15 as the temperature detected by the temperature sensor 11 decreases in the heating operation, as in Claim 8.
However, Fujima teaches a respective temperature control device for controlling temperature of a heat bath using Peltier elements (Abstract) wherein a control unit increases a current of a Peltier element as the temperature detected by a temperature sensor increases in the cooling operation, and increases the current of the Peltier element as the temperature detected by the temperature sensor decreases in the heating operation (“using a temperature sensor to detect the temperature of the end face part of the end cover in contact with the temperature control body; Based on the detected temperature, the temperature of the end face portion of the end shield in contact with the temperature control body is controlled by adjusting the voltage applied to the Peltier element.” -- “In the steady state, the temperature of the heat sink member is maintained at a predetermined temperature lower than the temperature of the burning surface in the steady state by the external cooler, and by applying current, to maintain a predetermined temperature at steady state. When rapidly cooling, the applied current is switched from heating mode to cooling mode to achieve rapid cooling.” -- “The controller is not particularly limited as long as it can change the state of the applied current, that is, the voltage applied to the Peltier elements 11a, 11b based on the temperature signal.”). Therein, this arrangement allows for more rapid heating/cooling correction of the temperature bath.
Thus, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify the automated analyzer of Yoshibumi wherein the control unit increases an operation rate or a current of the Peltier element as the temperature detected by the temperature sensor increases in the cooling operation, and increases the current of the Peltier element as the temperature detected by the temperature sensor decreases in the heating operation, such as suggested by Fujima, so as to enable and allow for more rapid heating/cooling correction of the temperature bath, thereby avoiding errors related to incorrect reaction temperature.
Further regarding Claim 8, Yoshibumi does not specifically teach the automated analyzer discussed above further comprising a second temperature sensor disposed between the reaction tank and the pump and configured to detect a temperature of the liquid to inform operation of the Peltier device for maintaining the temperature bath at a set temperature, as in Claim 8.
However, Knopf teaches a respective Peltier device for temperature-controlled heating and cooling of a laboratory apparatus (Abstract and Fig. 1), wherein a temperature sensor (Sensor 11 (Fig. 2), and another temperature sensor not shown within the block of the Peltier device – see the quotation below) positioned within the Peltier device monitors the temperature of liquid flowing or resting thereagainst. Therein, a control unit of the Peltier device monitors the temperature to alter the heating and cooling modes of the Peltier device (“The control unit further contains a temperature indicating device (22) at which, according to choice, the preselected temperature of the actual temperature can be read. By means of the switch (33) either the temperature of the working surface (2) or of the sample can be displayed. The signals stem from the corresponding temperature sensors; one of them incorporated in the working block and another one (11) externally connected through the socket (27) for the temperature of the sample. The switch (24) of the control unit serves for interchanging cooling or heating modes of the working unit. When using a microcomputer for the programming of temperature cycles the function of switch (24) is taken over automatically by the control unit through comparison of the preselected and measured temperatures.”), thereby allowing for an additional layer of temperature data for controlling the Peltier device in addition to the sensor which monitors the reaction liquid temperature so as to take into account a rate of the bath to approach a target temperature based on the temperature of the liquid being supplied to and circulated through the temperature bath.
Therein, when the unshown temperature sensor residing within the block 1 of the Peltier device of Knopf is provided to replace the Peltier device 15 of Yoshibumi, the temperature sensor of Knopf, in thermal contact with the fluid 2 of Yoshibumi, thereby lies disposed between the reaction tank and the pump commensurately as claimed.
Thus, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify the device of Yoshibumi further comprising a second temperature sensor disposed between the reaction tank and the pump and configured to detect a temperature of the liquid to inform operation of the Peltier device for maintaining the temperature bath at a set temperature, such as suggested by Knopf, so as to thereby provide for and allow an additional layer of temperature data for controlling the Peltier device in addition to the sensor which monitors the reaction liquid temperature so as to take into account a rate of the bath to approach a target temperature based on the temperature of the liquid being supplied to and circulated through the temperature bath.
Regarding Claims 15 and 17, the prior art meets the limitations of Claims 7 and 8 as discussed above. Further, as discussed above regarding Claims 7 and 8, the device of Yoshibumi is modified in view of Fujima to provide an increased/decreased current to the Peltier device depending on the magnitude of difference between the temperature bath set temperature and the temperature detected by the temperature sensor so as to enable more rapid correction of temperature changes. Further, Yoshibumi teaches setting of the Peltier device immediately when the power is turned on (“In addition, heating operation can be performed after the power is turned on...”). Further, Knopf provides for reading of an air temperature from an air temperature sensor to inform operation of the Peltier device, and reading of the fluid temperature in the recirculating flow path when combined with Yoshibumi.
Thus, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious that, given that Yoshibumi teaches activation of the Peltier device when the power is turned on, and Fujima teaches setting of the Peltier device to a particular operational rate/current, that the combination of Yoshibumi and Fujima is configured wherein the control device changes the operation rate of the Peltier element according to the ambient air temperature at the time of activation of the automatic analyzer, so as to immediately begin adjusting the temperature of the water bath to the set temperature to reduce the time needed for the device to reach its set temp.
Further, similarly as above, the claim recites “the control device changes” and should be amended to recite “the control device is further configured to change” so as to provide patentable weight to the recitations following.
Regarding Claims 16 and 18, the prior art meets the limitations of Claims 7 and 8 as discussed above. Further, as discussed above regarding Claims 7 and 8, the device of Yoshibumi is modified in view of Fujima to provide an increased/decreased current to the Peltier device depending on the magnitude of difference between the temperature bath set temperature and the temperature detected by the temperature sensor so as to enable more rapid correction of temperature changes. Further, as it is an impossibility to provide a voltage/current controller adjustable at an infinite level of precision (i.e. providing a current measured and tuned with an infinite number of significant figures adjustable by an operator), the current control mechanism of Fujima must necessarily control the operation rate or the current of the Peltier element in a stepwise manner, even if said steps are minute in size. Further, given that heating/cooling of a fluid by a heating/cooling device implicitly has a delay between the activation of the heater/cooler and the response of the temperature change in the fluid, given that the Peltier device must first itself change temperature before transferring said change to the liquid, the control device implicitly controls the operation rate or the current of the Peltier element with hysteresis when increasing and decreasing in a stepwise manner.
Thus, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious that, when modifying the device of Yoshibumi with the adjustable current heating/cooling of Fujima, that the control device controls the operation rate or the current of the Peltier element in a stepwise manner, and with hysteresis when increasing and decreasing in a stepwise manner, as a non-stepwise and/or non-hysteresis operation would be a functional impossibility.
Further, similarly as above, the claim recites “the control device controls” and should be amended to recite “the control device is further configured to control” so as to provide patentable weight to the recitations following.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN KASS whose telephone number is (703)756-5501. The examiner can normally be reached Monday - Friday from 9:00 A.M. to 5:00 P.M. EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Capozzi, can be reached at telephone number (571)270-3638. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/B.J.K./Examiner, Art Unit 1798
/NEIL N TURK/Primary Examiner, Art Unit 1798