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
Claim 1 is objected to because of the following informalities: In line 5, “an” should be “a”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claim 7-20 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.
Claim 7 recites the limitation " the sample collecting chamber" in 2. There is insufficient antecedent basis for this limitation in the claim.
Claims 8-20 depend from claim 7.
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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lin (US 2012/0190122).
Regarding claim 1, a detecting apparatus (fig. 1; ref. 1), comprising:
a storage chamber (3 which includes foil 84 which is pierced by the sharp-pointed portion) containing a treating fluid (collected sample. Applicant has not specifically claimed what a treating fluid specifically);
a collection chamber (2) that is configured to receiving the treating fluid (this limitation does not further structurally limit the instant claim because it is drawn to a process limitation/intended use); and
a sharp-pointed portion (50);
wherein the storage chamber may make an movement relative to the sharp-pointed portion; the storage chamber will be pierced by the sharp-pointed portion during the moving process, such that the treating fluid in the storage chamber is released (this limitation does not further structurally limit the instant claim because it is drawn to a process limitation/intended use. Lin is structurally capable of performing the above function in that the storage container is moved from a first position to a second position, see fig. 5-10, in order to pierce a portion (84) of the storage container by the sharp-pointed portion to release the treating fluid).
Regarding claim 2, the detecting apparatus according to claim 1, wherein, the collecting chamber is provided with a testing element (see fig. 1-2, test strip 25 has a testing element with a reagent pad for testing a sample) for detecting an analyte.
Regarding claim 3, the detecting apparatus according to claim 2, wherein, the testing element is disposed on a carrier (test strip substrate backing to which the reagent pad is affixed), and the carrier has a specific matching form with the collecting chamber (the test strip is placed within channels as seen in fig. 1); the carrier may be inserted into the collecting chamber from an opening (bottom area is where test element/carrier is inserted) of the collection chamber; and the carrier has a definite and unique directional position after being inserted into the collecting chamber (See fig. 1-2).
Regarding claim 4, the detecting apparatus according to claim 3, wherein, the collecting chamber is internally provided with clamping strips (sidewalls 32, 33); and one carrier is fixed by two clamping strips; the carrier is attached to an inner wall of one side of the collecting chamber on a side where the testing element is provided (the carrier is provided at a window side of the collecting chamber for viewing a test result).
Regarding claim 5, the detecting apparatus according to claim 4, wherein, each clamping strip has a smaller thickness in the upper end and has a greater thickness in the lower end; correspondingly, the carrier has a smaller thickness in the bottom position and has a greater thickness in the top position (see fig. 1-2).
Regarding claim 6, the detecting apparatus according to claim 5, wherein, a corner position of the collecting chamber is provided with filleted corners (see fig. 2, ref. 62-71); correspondingly, filleted corners are also disposed on the carrier at both sides of the face provided with the testing element (see fig. 2).
Regarding claim 7, the detecting apparatus according to claim 1, further comprising a sample collector (85) for collecting a sample (a sample is not positively recited and can be collected at a later time); wherein the sample collecting chamber (interpreted as the sample collector for 112 purposes, the instant specification recites a sample collector having a covering end) comprises a covering end (end 4), and the covering end may be used to cover an opening of the collecting chamber (sample collector 4 covers the opening of the collecting chamber 2 as seen in fig. 2).
Regarding claim 8, the detecting apparatus according to claim 7, wherein, the sample collector further comprises a sampling end (85) and a rod body (41); the sampling end is connected with the absorbing element (85); the rod body is used for connecting the covering end (4) with the sampling end (85), and the rod body is detachably or integrally connected with the covering end (see fig. 2).
Regarding claim 9, the detecting apparatus according to claim 8, wherein, a hole (52 or vents 38,39) is disposed on the sample collector (4) and/or collecting chamber, such that the collecting chamber is in air communication with the outside.
Regarding claim 10, the detecting apparatus according to claim 9, wherein, a hollow tube (pipette 109 is a hollow tube that passes at the hold position as seen in fig. 11) extending towards into the collecting chamber is disposed at the hole position (fig. 11).
Regarding claim 11. The detecting apparatus according to claim 10, wherein, the hole has a diameter less than 1 mm (see fig. 11, para 69).
Regarding claim 12, the detecting apparatus according to claim 8, wherein, a connecting head (aperture 52 is hollow) is disposed on one side of the covering end of the sample collector opposite to the rod body (the connecting head is located at the cover end 4 as seen in fig. 2); the connecting head is hollow, and the storage chamber may access to the hollow position thereof (see fig. 2, 11; connecting head is open to the storage chamber).
Regarding claim 13, the detecting apparatus according to claim 12, wherein, the sharp-pointed portion (50) shows a protruding shape (see fig. 2), and is disposed at the hollow position of the connecting head (See fig. 2).
Regarding claim 14, the detecting apparatus according to claim 13, wherein, the sharp-pointed portion (50) is provided with a through hole (punctures foil 84 then moves through a through hold at 70).
Regarding claim 15, the detecting apparatus according to claim 12, wherein, the apparatus further comprises a shell (the outside surface of the collecting chamber; this is the same interpretation as the instant specification), and the storage chamber is disposed in the shell (3 is placed within 2, see fig. 1-2); the shell is provided with a layer of sealing membrane (upper rim 15-16 seals the shell with the storage chamber), used for sealing the treating fluid in the storage chamber.
Regarding claim 16, the detecting apparatus according to claim 15, wherein, the shell is provided with a sealing ring (male female threads or broadly the top of the shell/collecting chamber 2 is a ring that seals); the sealing ring is in contact with an inner wall of the connecting head (see fig. 2), thus forming a sealing structure.
Regarding claim 17, the detecting apparatus according to claim 16, wherein, the detecting apparatus further comprises a cover body (lid sealing structures 40), and the cover body is flexibly connected with the shell (see fig. 1-11); when the cover body makes a rotation motion (the threads rotate), the shell will not synchronously rotate with a second shell (a second shell is the outer surface of the storage chamber at 51/17 area).
Regarding claim 18, the detecting apparatus according to claim 17, wherein, a rotating portion is disposed on an upper end of the cover body; the rotating portion is provided with a first bulge (17); and the cover body is provided with a connecting hole; the rotating portion may be inserted into the connecting hole and buckled on the connecting hole via the first bulge (see fig. 1-2), such that shell may rotate on the connecting hole.
Regarding claim 19, the detecting apparatus according to claim 18, wherein, the detecting apparatus further comprises a protecting element used for limiting excessive closure of the cover body (thread ending which do not allow travel past).
Regarding claim 20, the detecting apparatus according to claim 19, wherein, the protecting element comprises a supporting section (area that connects structure 28), the supporting section is sleeved on the connecting head (the supporting section is circular); a lower end of the supporting section may be abutted against an upper surface of the covering end, and an upper end of the supporting section may be abutted against the cover body (see fig. 1-2).
Conclusion
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
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