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 .
Status of Claims
The claim set submitted on 29 APRIL 2024 is acknowledged and considered. In the claim set, Claims 1-10 are submitted and considered.
Current pending claims are Claims 1-10 and are considered on the merits below.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 29 APRIL 2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claims 1, 3 and 5-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 115032413 to HANGZHOU, submitted on the Information Disclosure Statement on 29 APRIL 2024, Foreign Patent Documents.
An English Machine Translation has been obtained from Google Patent and has been used as the basis of the rejection below.
The English Translation has also been provide on the PTO-892 and has been attached with this Office Action. The Examiner has made the best attempt to correlate/match the English translation with the paragraph numbers of the CN document.
Applicant’s invention is directed towards a device.
Regarding Claim 1, the reference HANGZHOU discloses a fully automatic magnetic solid-phase extraction device, all Figures, comprising :
a framework assembly, wherein the framework assembly comprises a platform assembly and an electrical cabinet assembly, abstract, full-automatic sample pretreatment equipment, wherein the platform assembly is configured to support functional devices of the fully automatic magnetic solid-phase extraction device, abstract, Figure 1, magnetic solid-phase extraction assembly; the platform assembly is provided with a moving assembly, Figure 1, [0051-0069], and the moving assembly is configured to drive some or all of the functional devices to move back and forth along a path defined by the moving assembly, Figure 1, [0051-0069], conveyor best assembly; and the functional devices at least comprise a sample strip assembly, a consumable station assembly, a pipette assembly, a transport assembly, an oscillation assembly, and a magnetic frame assembly, Figure 1, [0051-0069], wherein the sample strip assembly is configured to carry a sample tube according to a rule, Figure 2, [0059-0069], tube grasping assembly 2; and the consumable station assembly is configured to carry consumables according to a rule, Figure 2, pipette assembly 3, [0087], and the consumables at least comprise reagents and TIP heads; and the transport assembly is disposed for transporting between some or all of the functional devices, and configured to transfer a sample and/or a sample tube between some or all of the functional devices, [0087-0088].
Additional Disclosures Included are: Claim 3: wherein the fully automatic magnetic solid-phase extraction device according to claim 2, wherein the platform assembly comprises a carrying platform disposed below the X-axis moving assembly, and the sample strip assembly, the oscillation assembly, the magnetic frame assembly, the transport assembly, and the consumable station assembly are sequentially disposed on the carrying platform along an X-axis direction, Figure 1 and 2, see left to right organization of assemblies, the consumable station assembly comprises a reagent station assembly and a TIP head station assembly, wherein the reagent station assembly comprises a reagent holder, the reagent holder is configured for placing reagents comprising an activation liquid, a balancing liquid, a rinsing liquid, ]and an elution liquid, [0047, 0096], the TIP head station assembly comprises a TIP head holder, and the TIP head holder is configured for placing TIP heads in the same or different types, [0087]; the oscillation assembly and the magnetic frame assembly are arranged side by side along a Y-axis direction, the transport assembly is disposed on a side of the oscillation assembly and the magnetic frame assembly, and the sample strip assembly and the consumable station assembly are respectively disposed on two sides of the oscillation assembly and the magnetic frame assembly, Figure 1 and 2; and the platform assembly is further provided with a waste liquid tank, and the waste liquid tank is disposed on a side surface of the oscillation assembly and the magnetic frame assembly, Figure 1, waste transfer component 11, [0069].; Claim 5: wherein the fully automatic magnetic solid-phase extraction device according to claim 1, wherein the magnetic frame assembly comprises a support pillar, the support pillar is fixedly connected below a magnetic-rod mounting plate and configured to support the magnetic-rod mounting plate, the magnetic-rod mounting plate is made of plastic and uniformly provided with a plurality of magnetic rods, the magnetic rods partially extend out of the magnetic-rod mounting plate, a bottom of the magnetic-rod mounting plate is provided with a magnetic-rod adsorption plate, a bottom of each magnetic rod is fixedly absorbed onto the magnetic-rod adsorption plate, and arrangement position and quantity of the magnetic rods allow a well plate to be mounted on the magnetic frame assembly, the magnetic rod to be disposed between reagent slots of the well plate when the well plate is mounted, and each reagent slot to be surrounded uniformly by four magnetic rods, [0038, 0039, 0047-0049]. ; Claim 6: wherein fully automatic magnetic solid-phase extraction device according to claim 1, wherein the transport assembly comprises a transport-assembly base plate, the transport assembly is fixed to a platform via the transport-assembly base plate, the transport-assembly base plate is provided with a Y-axis transport motor, a Y-axis guide rail, and a Y-axis timing belt, the Y-axis guide rail is disposed above Y-axis timing belt, and the Y-axis transport motor drives, via a band pulley, the Y-axis timing belt to rotate, so as to drive a device or an assembly to move along the Y-axis guide rail; and the transport assembly further comprises a gripping assembly, the gripping assembly comprises a gripper and a griper motor, the gripper motor is configured to drive the gripper to grip tightly or release, the gripper and the gripper motor are mounted on a Z-axis guide rail using a grip-motor support block and are movable up and down along the Z-axis guide rail under drive of a Z-axis screw motor, the Z-axis guide rail is mounted on the Y-axis support frame, and the Y-axis support frame is mounted on the Y-axis guide rail and movable back and forth along a Y axis under action of the Y-axis transport motor and the Y-axis timing belt, Figure 2, [0085]. ; Claim 7: wherein the fully automatic magnetic solid-phase extraction device according to claim 1, wherein the pipette assembly comprises a pipette bracket, a pipetting gun head assembly is mounted in the pipette bracket, the pipetting gun head assembly comprises at least four pipetting guns in a grid-like layout, and each two of the four pipetting guns are opposite for combination and arranged side by side; the pipette bracket is provided with four variable pitch screws and four variable pitch motors in respective correspondence to the four pipetting guns, each variable pitch motor drives one variable pitch screw, the screws are respectively sleeved in the four pipetting guns, and each variable pitch screw is capable of driving the pipetting gun sleeving it to move back and forth in the pipette bracket, thus achieving movement of the pipetting gun itself and adjusting equidistant positions of the plurality of pipetting guns; and the pipetting gun comprises a pipetting-gun fixing block and a pipetting gun body, the pipetting-gun fixing block is configured to carry the pipetting gun body, the pipetting-gun fixing block sleeves the variable pitch screw corresponding to the pipetting gun and is configured to achieve movement and pitch changing of the pipetting gun, the pipette bracket is provided with a Y-axis drag chain, and when the pipette opens or closes, the Y-axis drag chain moves to and from, Figure 8, [0087].; Claim 8: wherein the fully automatic magnetic solid-phase extraction device according to claim 7, wherein the pipette bracket comprises two first side plates and four second side plates, the two first side plates are symmetrically arranged in a T-shape on two sides of the pipetting gun head assembly, the four second side plates are arranged in pairs on the other two sides of the pipetting gun head assembly, one of two second side plates on the same side is fixedly mounted on a T-shaped head side surface of the first side plate, the other is fixedly mounted on a T-shaped tail side surface of the first side plate, and the variable pitch motor is disposed outside one of the first side plates, Figure 8, [0087].; Claim 9: wherein the fully automatic magnetic solid-phase extraction device according to claim 8, wherein a collection tray is also disposed below the pipette assembly, bottoms of the two first side plates are provided with collection tray guide rails, a collection tray motor is disposed outside one of the first side plates, the collection tray motor drives, via a collection tray timing belt, a gear to rotate, the collection tray guide rail is provided with a rack, and the gear meshes with the rack to drive the collection tray to move below the pipette assembly, Figure 8, [0087].; Claim 10: wherein the fully automatic magnetic solid-phase extraction device according to claim 7, wherein the pipetting gun head assembly comprises a pipetting-gun connecting block corresponding to each pipetting gun, and the pipetting gun body is fixedly connected to the pipetting-gun connecting block; the pipetting-gun fixing block is provided with a pipette Z-axis mounting plate, the pipette Z-axis mounting plate is provided with a pipette Z-axis timing belt and a pipette Z-axis timing pulley, one end of the pipette Z-axis mounting plate is fixedly mounted with a pipette Z-axis screw, the pipetting-gun connecting block sleeves the pipette Z-axis screw, the pipette Z-axis screw is disposed on a side of the pipetting-gun fixing block, a pipette Z-axis motor is fixedly mounted on the other side of the pipetting-gun fixing block, the pipette Z-axis motor drives, via the pipette Z-axis timing pulley and the pipette Z-axis timing belt, the pipette Z-axis screw to rotate, so as to drive the pipetting-gun connecting block to move up and down along the pipette Z-axis screw, and an inverted U–shaped pipette Z-axis drag chain is disposed between the pipette Z-axis screw and the pipette Z-axis motor and configured to guide pipetting-gun connecting block to move on the pipette Z-axis screw; the pipetting gun body comprises a pipette body, an upper end of the pipette body is provided with a piston motor, a pipetting screw, a pipetting screw sleeve, a piston rod, a piston sleeve, and a sealing assembly are disposed downwards in the pipette body, a lower end of the pipette body is connected to a TIP head adapter via a pressure sensor shell, a bottom of the pressure sensor shell is provided with a TIP head docking portion, the TIP head docking portion is provided with an oblique channel therein and configured to communicate with both an outlet of the lower end of the pipette body and the TIP head adapter via the oblique channel, and a pressure sensor is provided on a side of the oblique channel; a pressure sensor circuit board is disposed in the pressure sensor shell and configured to be connectable to a pressure sensor and to receive sense data thereof; and adjacent two of the TIP head docking portions are staggered, such that all the TIP head adapters are linearly arranged on a middle line between the pipette bodies, Figure 8, [0087].
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.
Claim(s) 2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over CN 115032413 to HANGZHOU, submitted on the Information Disclosure Statement on 29 APRIL 2024, Foreign Patent Documents.
Regarding Claim 2, the reference HANGZHOU discloses wherein the fully automatic magnetic solid-phase extraction device according to claim 1, wherein the framework assembly comprises a framework, the framework comprises a frame and a panel, Figure 1 and 2, frame assembly 7, [0080-0081], the framework is provided with an X-axis moving assembly, and the X-axis moving assembly comprises an X-axis drive motor, a drive shaft, a driven shaft, an X-axis guide rail, and X-axis timing belts, wherein the X-axis drive motor drives, via the X-axis timing belt, the drive shaft to rotate, and the driven shaft drives, via the drive shaft, the timing belts on two sides to move; the drive shaft and the driven shaft are respectively fixed on two sides of the frame at a certain height on the framework, the X-axis guide rail is disposed between the drive shaft and the driven shaft and configured to guide movement between the drive shaft and the driven shaft, the X-axis timing belt is wound around one end of the drive shaft and one end of the driven shaft, the X-axis moving assembly further comprises an X-axis drag chain, and the X-axis timing belt drives, via the X-axis drag chain, an object to move back and forth between the drive shaft and the driven shaft along the X-axis guide rail; and the X-axis guide rail is configured for mounting a Y-direction moving assembly, [0036, 0049, 0115], Claim 1, but is silent in regards to the preferred material of wherein the framework is assembled from an aluminum profile, and a sheet metal member is used as the panel.
However, it is known in the art of analyzers that the frame or housing is made a preferred material of an aluminum profile as well as the panel made form sheet metal since the “selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945).”
The selection of materials known to be suitable for the frame and platform of an anlayzer for the purposes of stability and overall weight of the device is suitable for the invention to be non-obvious. The selection of a known material for its robustness and overall lightness is known in the art unless there are unexpected results or other factors that demonstrate non-obviousness, MPEP 2144.07.
Additional Disclosure Included is: Claim 4: wherein the fully automatic magnetic solid-phase extraction device according to claim 2, wherein the oscillation assembly comprises a base plate, and the oscillation assembly is fixed onto the carrying platform via the base plate; the base plate is provided with an oscillation motor and a motor support plate, the motor support plate is disposed above the oscillation motor, the motor support plate is provided with an eccentric wheel for causing oscillation, an output shaft of the oscillation motor extends out of the motor support plate to be connected to the eccentric wheel, an oscillator bracket is disposed above the motor support plate, and the eccentric wheel is connected to the oscillator bracket via a bearing and drives the oscillator bracket to swing for achieving oscillation; counterweight blocks are symmetrically connected below the oscillator bracket on two sides, the counterweight blocks are respectively disposed on two sides of the eccentric wheel, two sides of the base plate are respectively provided with a pair of primary connecting rods, a secondary connecting rod is disposed between the primary connecting rods, and the primary connecting rod is connected to the secondary connecting rod via a universal connecting block and configured to support the oscillator bracket and oscillation movement thereof; the oscillator bracket is provided with a radiator, the radiator is provided with a cooling plate, and the cooling plate is configured to carry a well plate and achieve modular heating and cooling functions; and the oscillation assembly further comprises a fan, the fan is disposed at a rear of the oscillation assembly, and an exhaust hood is disposed outside the fan, [0028, 0029].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE T MUI whose telephone number is (571)270-3243. The examiner can normally be reached M-Th 5:30 -15:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LYLE ALEXANDER can be reached at (571) 272-1254. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CTM
/CHRISTINE T MUI/Primary Examiner, Art Unit 1797
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