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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claim(s) 1, 3-13, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Muramatsu (JP 2020092692) in view of Yamamoto et al (U.S. Pub. 2020/0114670)
Regarding claim 1, Muramatsu discloses a liquid ejection apparatus comprising:
an ejection unit having an ejection part and an ejection energy generation element that ejects a liquid from the ejection part (Paragraphs 0015, 0177) by using a principle of ink jet ejection into an internal space in a storage part (plate includes wells) capable of storing the ejected liquid (Paragraphs 0159-0160)
A container (plate) including a plurality of storage parts (wells) (Paragraph 0159-0160)
Wherein when ejecting the liquid, the ejection unit covers (membrane film 1013) an opening portion (well opening) of the storage part (plate) (Paragraphs 0159-0160, 0164-0165, 0190-0193; Figure 1; the membrane film 1013 will cover the well opening of the plate when the liquid discharge device ejects droplets over the plate and well openings)
Muramatsu does not expressly disclose a stage movement unit capable of moving the stage along a two-dimensional plane, including in a first axis direction and in a second axis direction orthogonal to the first axis direction
Yamamoto discloses a stage (61) and microplate (4) are movably supported at any position in X and Y directions perpendicular to each other (Paragraphs 0126-0128; Figure 14). Therefore, Yamamoto discloses a movement unit capable of moving the stage along a two-dimensional plane, including in a first axis direction and in a second axis direction orthogonal to the first axis direction to a position at which the ejection unit ejects the liquid to the stage
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Yamamoto into the device of Muramatsu, for the purpose of properly positioning the ejection unit and moving the stage and microplate to any position.
Regarding claim 3, wherein when ejecting the liquid, the ejection unit covers the opening portion (the membrane film 1013 will cover the well opening of the plate when the liquid discharge device ejects droplets over the plate and well openings) of the storage part (well) to thereby screen the internal space in the storage part from an external space (Paragraphs 0159-0160, 0164-0165, 0190-0193; Figure 1)
Regarding claim 4, wherein the ejection unit includes a screen (the membrane film 1013 will cover the well opening of the plate when the liquid discharge device ejects droplets over the plate and well openings) that covers the opening portion (well opening) of the storage part when the ejection unit ejects the liquid to each of the storage parts (Paragraphs 0159-0160, 0164-0165, 0190-0193; Figure 1)
Regarding claim 5, wherein the screen has a plate shape (1013; Figure 1)
Regarding claim 6, wherein an ejection surface of the ejection unit from which to eject the liquid and a surface of the screen which faces the container are positioned to be substantially coplanar with each other (the membrane film 1013 will cover the well opening of the plate when the liquid discharge device ejects droplets over the plate and well openings; Paragraphs 0159-0160, 0164-0165, 0190-0193; Figure 1)
Regarding claims 7, 15, Muramatsu discloses the claimed invention except for a distance between the ejection surface and the container when the liquid is ejected from the ejection unit to the storage parts is 0.1 mm to 1.0 mm. It would have been obvious to one having ordinary skill in the art at the time the invention was made to use a distance between the ejection surface and the container when the liquid is ejected from the ejection unit to the storage parts is 0.1 mm to 1.0 mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of using a distance between the ejection surface and the container when the liquid is ejected from the ejection unit to the storage parts is 0.1 mm to 1.0 mm into the device of Muramatsu, for the purpose of stably discharging droplets to an object with a simple structure (Paragraphs 0004-0006)
Regarding claim 8, wherein the ejection unit is filled with the liquid to be ejected and is configured and is configured to be replaceable (Paragraph 0100)
Regarding claim 9, wherein the liquid is a cell suspension containing a compound and a cell into which the compound is to be introduced (Paragraph 0027)
Regarding claim 10, a liquid ejection method using a liquid ejection apparatus including:
an ejection unit having an ejection part and an ejection energy generation element that ejects a liquid from the ejection part (Paragraphs 0015, 0177) by using a principle of ink jet ejection into an internal space in a storage part (plate includes wells) capable of storing the ejected liquid (Paragraphs 0159-0160)
A container (plate) including a plurality of storage parts (wells) (Paragraph 0159-0160)
The method comprising: covering an opening portion (well openings) of the storage part when ejecting the liquid (Paragraphs 0159-0160, 0164-0165, 0190-0193; Figure 1; the membrane film will cover the well opening of the plate when the liquid discharge device ejects droplets over the plate and well openings)
Muramatsu does not expressly disclose a stage movement unit capable of moving the stage along a two-dimensional plane, including in a first axis direction and in a second axis direction orthogonal to the first axis direction
Yamamoto discloses a stage (61) and microplate (4) are movably supported at any position in X and Y directions perpendicular to each other (Paragraphs 0126-0128; Figure 14). Therefore, Yamamoto discloses a movement unit capable of moving the stage along a two-dimensional plane, including in a first axis direction and in a second axis direction orthogonal to the first axis direction to a position at which the ejection unit ejects the liquid to the stage
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Yamamoto into the device of Muramatsu, for the purpose of properly positioning the ejection unit and moving the stage and microplate to any position.
Regarding claim 11, a dispensing apparatus comprising: an ejection unit having an ejection part and an ejection energy generation element that ejects a liquid from the ejection part (Paragraphs 0015, 0177) by using a principle of ink jet ejection into an internal space in a storage part (plate includes wells) capable of storing the ejected liquid (Paragraphs 0159-0160)
A container (plate) including a plurality of storage parts (wells) (Paragraph 0159-0160)
Wherein the liquid is dispensed into each of the storage parts by ejecting the liquid into the internal space in the storage part (wells) from the ejection unit (Paragraphs 0159-0160)
Wherein when the ejection unit ejects the liquid to each of the storage parts, the ejection unit covers the opening portion of the storage part (Paragraphs 0159-0160, 0164-0165, 0190-0193; Figure 1; the membrane film will cover the well opening of the plate when the liquid discharge device ejects droplets over the plate and well openings)
Muramatsu does not expressly disclose a stage movement unit capable of moving the stage along a two-dimensional plane, including in a first axis direction and in a second axis direction orthogonal to the first axis direction
Yamamoto discloses a stage (61) and microplate (4) are movably supported at any position in X and Y directions perpendicular to each other (Paragraphs 0126-0128; Figure 14). Therefore, Yamamoto discloses a movement unit capable of moving the stage along a two-dimensional plane, including in a first axis direction and in a second axis direction orthogonal to the first axis direction to a position at which the ejection unit ejects the liquid to the stage
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Yamamoto into the device of Muramatsu, for the purpose of properly positioning the ejection unit and moving the stage and microplate to any position.
Regarding claim 12, a compound introduction apparatus comprising: an ejection part and an ejection energy generation element that ejects a liquid from the ejection part (Paragraphs 0015, 0177) by using a principle of ink jet ejection into an internal space in a storage part (plate includes wells) capable of storing the ejected liquid (Paragraphs 0159-0160)
A container (plate) including a plurality of storage parts (wells) (Paragraph 0159-0160)
Wherein the cell suspension is ejected from the ejection unit to thereby introduce a compound into a cell (Paragraph 0027)
Wherein the cell suspension is dispensed into each of the storage parts (wells) by ejecting the liquid into the internal space in the storage part from the ejection unit (Paragraphs 0027, 0159-0160)
Wherein when the ejection unit ejects the cell suspension to each of the storage parts, the ejection unit covers the opening portion of the storage (Paragraphs 0159-0160, 0164-0165, 0190-0193; Figure 1; the membrane film will cover the well opening of the plate when the liquid discharge device ejects droplets over the plate and well openings)
Muramatsu does not expressly disclose a stage movement unit capable of moving the stage along a two-dimensional plane, including in a first axis direction and in a second axis direction orthogonal to the first axis direction
Yamamoto discloses a stage (61) and microplate (4) are movably supported at any position in X and Y directions perpendicular to each other (Paragraphs 0126-0128; Figure 14). Therefore, Yamamoto discloses a movement unit capable of moving the stage along a two-dimensional plane, including in a first axis direction and in a second axis direction orthogonal to the first axis direction to a position at which the ejection unit ejects the liquid to the stage
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Yamamoto into the device of Muramatsu, for the purpose of properly positioning the ejection unit and moving the stage and microplate to any position.
Regarding claim 13, Yamamoto discloses wherein the ejection unit is fixed to the liquid ejection apparatus (Figure 15; Paragraph 0129)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Yamamoto into the device of Muramatsu, for the purpose of maintaining proper positioning the ejection unit for ejection operations
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Muramatsu (JP 2020092692) as modified by Yamamoto et al (U.S. Pub. 2020/0114670) and further in view of Usuda (U.S. Pub. 2005/0140718)
Regarding claim 2, Usuda discloses a head movement unit capable of raising and lowering the ejection unit (Figure 1; Paragraph 0064)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Usuda into the device of Muramatsu as modified by Yamamoto, for the purpose of properly positioning the ejection unit
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Muramatsu (JP 2020092692) as modified by Yamamoto et al (U.S. Pub. 2020/0114670) and further in view of Sung et al (U.S. Pub. 2020/0130354)
Regarding claim 14, Sung discloses wherein the ejection unit is configured to be replaceable (Paragraph 0043)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Sung into the device of Muramatsu as modified by Yamamoto, for the purpose of maintaining high performance quality
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 JASON S UHLENHAKE whose telephone number is (571)272-5916. The examiner can normally be reached Monday-Friday, 8:00 am - 5:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Douglas X. Rodriguez can be reached at (571) 431-0716. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JASON S UHLENHAKE/Primary Examiner, Art Unit 2853 May 21, 2026
Prosecution Insights