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 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 1-9 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Koeda (US 2014/0297226 A1) (hereinafter Koeda).
Regarding claim 1, Koeda teaches a method for controlling a measuring device [sample analysis method using a sample measuring apparatus] (see Abstract) comprising:
selecting a sample to be examined [transport section 27 transports racks on which sample containers each containing a sample are placed, to the measurement section 26; transport section 27 transports a sample rack in accordance with the operation schedule] (Para [0032, 0077], see Fig. 2);
creating conditions under which the sample is to be examined by the measuring device; and establishing measured values regarding properties of the sample [measurement section 26 to perform measurements in accordance with the measurement order information] (Para [0036], see Fig. 2);
wherein the method steps are autonomously controlled by a controller [information processing unit; control program for executing a function of causing the sample measuring apparatus to start measurement of a sample, receiving measurement data, and transmitting the received measurement data] (Para [0007, 0030], see Fig. 2).
Regarding claim 2, Koeda as applied to claim 1 above teaches the claimed invention, in addition to wherein the controller autonomously selects the sample to be examined [information processing unit 20 creates operation schedules for mechanism parts of the measurement section 26 and the transport section 27 such that measurement in accordance with the measurement order information can be performed, and transmits the created operation schedules to the measurement section 26 and the transport section 2] (Para [0077]).
Regarding claim 3, Koeda as applied to claim 2 above teaches the claimed invention, in addition to wherein the controller selects the sample to be examined based on conditions established at an earlier time by the measuring device [measurement order information based on result of reading bar code of a transported sample container; bar code reader 26a part of measurement section 26] (Para [0077], see Fig. 2).
Regarding claim 4, Koeda as applied to claim 2 above teaches the claimed invention, in addition to wherein the controller selects the sample to be examined based on measured values established at an earlier time by the measuring device [virtual IPU extracts measurement data stored and determines whether processing result indicates a normal value; when sample is normal, sample can be used as target for re-measurement (Para [0139-0142], see Fig. 14).
Regarding claim 5, Koeda as applied to claim 1 above teaches the claimed invention, in addition to further comprising repeating the establishing of the measured values when it is detected by the controller that the established measured values are outside a plausible range [abnormal value from failed IPU leads to use of alternate system; operation confirmation of alternate system performed by remeasuring sample that has been measured] (Para [0037-0040, 0137]).
Regarding claim 6, Koeda as applied to claim 1 above teaches the claimed invention, in addition to wherein the controller accesses a database [storage section 22 having data] (Para [0031]).
Regarding claim 7, Koeda as applied to claim 6 above teaches the claimed invention, in addition to wherein the database comprises a plurality of information about material properties and measurement methods, and wherein the controller controls the measuring device autonomously based on the plurality of information [upon receiving measurement order information, IPU 20 stores measurement order information in storage section 22 and causes measurement section 26 to perform measurement in accordance with the measurement order information; IPU 20 stores obtained measurement data in storage section 22] (Para [0036]).
Regarding claim 8, Koeda as applied to claim 6 above teaches the claimed invention, in addition to wherein the controller updates the database after establishing the measured values [upon receiving measurement order information, IPU 20 stores measurement order information in storage section 22] (Para [0036]).
Regarding claim 9, Koeda teaches a measuring device [sample analysis system] configured to perform the method according to claim 1 (see Rejection of Claim 1 above).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID Z HUANG whose telephone number is (571)270-5360. The examiner can normally be reached Monday - Friday, 9:00 AM - 5:00 PM EST.
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/DAVID Z HUANG/Primary Examiner, Art Unit 2855