DETAILED CORRESPONDENCE
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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 1/16/24, 3/13/24 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Status
Claims 1-15 are pending.
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 1-15 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 pre-AIA the applicant regards as the invention.
As to claim 1, it is unclear how the moving unit with the magnet in clause two moves in a movement plane through the array of electromagnetic actuators. Although the moving unit moving across, or over, the array would be clearly understood, it is unclear how the moving unit can move through the array of actuators because there has not been any description of what enables the movement between the actuators. Actuators in an array are typically packed and ordered such that it is unclear how anything could move through or between the actuators. The examiner notes that the limitations of claim 4 (and corresponding claim 3) which define a guiding slot through which the magnets may move would provide clarity.
Claims 2-15 are rejected based on further claim dependency.
As to line 2 of claim 14, it is unclear what “the movement plane" is referring to as previously one specific movement plane has not been described and instead at least one movement plane was recited. Therefore, this limitation has insufficient antecedent basis and it is unclear if applicants are intended to refer to a singular specific plane amongst a plurality or each plane. The examiner suggests amending the claim to read as "the at least one movement plane".
As to line 4 of claim 15, it is unclear what the language "referring to a transfer device" is attempting to define and also unclear whether this is the same transfer device as previously recited or a different transfer device. Previously the transfer device of claim 1 has already been referenced. The examiner suggests removing this language.
Appropriate correction and/or clarification is required.
Other References Cited
The prior art of made of record and not relied upon is considered pertinent to applicant's disclosure include;
Tamura et al (US 20220413000; hereinafter “Tamura”) teaches a gripper on the surface above and actuated by, in a horizontal movement plane, electromagnetic actuators below a surface; Fig. 2. However, the gripper does not move perpendicular to the movement plane as the gripping and movement are in the same horizontal direction, and the magnets of the gripper move on top of the electromagnets and do not move through the array of electromagnets.
Eberhardt et al (US 10669049; hereinafter “Eberhardt”; already of record) teaches moving holders on top of an electromagnetic plane; Fig. 2. However, the holders and not grippers and do not move perpendicular to the movement plane a, and the magnets of the holder move on top of the electromagnets and do not move through the array of electromagnets.
Riether et al (US 20160077120; hereinafter “Riether”; already of record) teaches a gripper that moves perpendicular to a movement plane, and on top, of electromagnets; Fig. 1-2. Riether does not teach that the gripper moves through the electromagnets.
Allowable Subject Matter
Claims 1-15 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is an examiner’s statement of reasons for allowance:
In addition to the remarks of record, the instant claims define over the prior art because the cited prior art does not teach or suggest a transfer device for transferring sample containers in a sample handling system, wherein the transfer device comprises: a transport device comprising an array of electromagnetic actuators; a moving unit with a permanent magnet that moves in a plane through the array by magnetic interaction with the electromagnetic actuators; and a gripper movable perpendicular to the plane; where the moving unit and gripper are movable through the array by moving through a guiding slot.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN R WHATLEY whose telephone number is (571) 272-9892. The examiner can normally be reached Mon- Fri 8am-5pm.
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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.
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/Benjamin R Whatley/Primary Examiner, Art Unit 1798
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