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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/26/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 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. The claims are rejected under the newly cited reference Hall (United States Patent US 10,502,712B2).
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.
Claims 1-10, 12-17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Schneider (United States Patent US 10,578,632 B2) in view of Hall (United States Patent US 10,502,712B2).
Regarding Claim 1, Schneider discloses Transport device for a laboratory sample distribution system , (Figure 1: Transport device 10)the transport device comprising a top cover having a transport surface, the transport surface being adapted to carry sample container carriers,(Figure 2: Driving surface module 4) an electromagnetic actuation assembly, the electromagnetic actuation assembly being adapted to generate a magnetic field at the transport surface for magnetic drive-interaction with a sample container carrier placed thereon,(Figure 2: Actuator module 3 with electro-magnetic actuators 30) a support structure for carrying the actuation assembly,(Figure 2: Carrier element 31) a sensor board being arranged in between the support structure and the top cover, the sensor board being adapted to detect a position of a sample container carrier placed on the transport surface with respect to the transport device, (Column 10, lines 22-35: "The driving surface module 4 can comprise a sensor board arranged at a bottom side of the driving surface element 41 . Hence, the sensor board can be positioned close to the driving surface across which sample support carriers can be transported. The sensor board can at least form part of a device for sensing a presence or position of an individual sample container carrier moved across the upper side of the driving surface element 41 . In one embodiment, the driving surface element 41 can be transparent to IR light, wherein the sensor board can be equipped with multiple IR based reflection light barriers arranged in a grid, and the sample container carriers can be configured to reflect IR radiation emitted by the light barriers.").
However, Schneider does not disclose elastic elements which are positioned in between the sensor board and the support structure and are partially received in corresponding holes defined in the support structure, and that exert a biasing force caused by compression to of the elastic elements, wherein the biasing force holds the sensor board flush against an inside surface of the top cover.
Hall discloses a similar inspection apparatus comprising elastic elements which are positioned in between the sensor board and the support structure and are partially received in corresponding holes defined in the support structure, and that exert a biasing force caused by compression to of the elastic elements, wherein the biasing force holds the sensor board flush against an inside surface of the top cover. (Column 18, lines 40-58: "As shown in FIGS. 9(a) and 9(b), the PTFE shells 294 and 302 encase the majority of each coupling module with only a fraction of the hydrophilic elastomeric spheres 296 and 306 that provide the coupling element protruding from the end of the shells in order to make direct contact with the inspection surface. In the case of the compound coupling module 300 of FIG. 9(c), the detailed shape of the PTFE shell 302 in the vicinity of and around the circumference of the protruding soft hyper-elastic coupling material of the delay line 304 has an effect upon the coupling performance achieved due to the effective compressive restraint of the soft coupling element 306 as it is trapped within the structure. It also has an effect on the likely service-life of the consumable item due to an increased probability of tearing the hydrophilic elastomeric sphere 306 in cases where this restraint causes a concentrated stress profile across the soft coupling material. It is also noted that the PTFE shell provides some useful general protection to soft perishable coupling materials.")
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Schneider to include the elastic elements as taught by Hall. The motivation for the modification would have been to allow for the absorption of any unwanted ultrasonic echoes while maintaining low friction movement of the spheres within the shell as they are compressed and can allow for cheaper high volume injection moulding or vacuum casting manufacturing methods to be used (Columns 18-19, lines 31-9).
Regarding Claim 2, Schneider in view of Hall discloses the transport device according to claim 1, as seen above. Hall further discloses characterized in that at least one of the elastic elements has a substantially semi-spherical portion, a flat side of which faces the support structure, wherein preferably the flat side is at least partially seamed by a radial protrusion of the respective elastic element(Figure 9: Sphere 296 and base module 293).
Regarding Claim 3, Schneider in view of Hall discloses the transport device according to claim 1, as seen above. Hall further discloses characterized in that the elastic elements are distributed evenly, in particular equidistantly, around a center of the sensor board , (Figure 9: Sphere 296 and base module 293)and/or the elastic elements are arranged offside a symmetric axis of the inner surface, and/or at least three, in particular four, elastic elements are present.
Regarding Claim 4, Schneider in view of Hall discloses the transport device according to claim 1, as seen above. Schneider further discloses comprising the support structure has a grid-shaped body, the grid-shaped body comprises a plurality of recesses, the recesses being arranged in a grid-pattern,(Figure 11: Shows module 3 comprising a grid structure 37 with recesses between the grids) and the support structure has a plurality of spacer portions at least one of which protrudes from the grid-shaped body at an edge of each recess toward the sensor board.(Figure 11: Bearing pins 370)
Regarding Claim 5, Schneider in view of Hall discloses the transport device according to claim 1, as seen above. Schneider further discloses comprising the support structure and/or the sensor board and/or the top cover and/or the actuation assembly have a plurality of integral positioning elements for alignment of the support structure and/or the sensor board and/or the top cover and/or the actuation assembly relative to one another.(Figure 2: Shows how modules 3, 4, 5 are aligned relative to one another)
Regarding Claim 6, Schneider in view of Hall discloses the transport device according to claim 1, as seen above. Schneider further discloses comprising the support structure, at its lateral edges and/or corners, has complementary ledges and/or snap hooks for detachably coupling several support structures of several transport devices aside one another, the ledges and/or snap hooks being distributed along the lateral edges and/or corners such that coupling is only possible in one orientation of the support structure relative to a respective further support structure.(Figure 2: Corner supports 5, stands 33, 34 and structures 40)
Regarding Claim 7, Schneider in view of Hall discloses the transport device according to claim 1, as seen above. Schneider further discloses comprising the elastic elements are biased, in particular compressed, by a screw connection holding the top cover at the support structure.(Figure 14: Screw sockets 410 for fixing the component 45 to the driving surface element 41)
Regarding Claim 8, Schneider in view of Hall discloses the transport device according to claim 1, as seen above. Schneider further discloses comprising the support structure has integral ribs for stiffening a body of the support structure and/or for guiding cooling air through an intermediate space formed in between the sensor board and the support structure(Figure 20: Ribs 521, 522, 523 and 524)
Regarding Claim 9, Schneider discloses a laboratory sample distribution system, comprising a transport device comprising a top cover having a transport surface, the transport surface being adapted to carry sample container carriers,(Figure 2: Driving surface module 4) an electromagnetic actuation assembly, the electromagnetic actuation assembly being adapted to generate a magnetic field at the transport surface for magnetic drive-interaction with a sample container carrier placed thereon,(Figure 2: Actuator module 3 with electro-magnetic actuators 30) a support structure for carrying the actuation assembly,(Figure 2: Carrier element 31) a sensor board being arranged in between the support structure and the top cover, the sensor board being adapted to detect a position of a sample container carrier placed on the transport surface with respect to the transport device, (Column 10, lines 22-35: "The driving surface module 4 can comprise a sensor board arranged at a bottom side of the driving surface element 41 . Hence, the sensor board can be positioned close to the driving surface across which sample support carriers can be transported. The sensor board can at least form part of a device for sensing a presence or position of an individual sample container carrier moved across the upper side of the driving surface element 41 . In one embodiment, the driving surface element 41 can be transparent to IR light, wherein the sensor board can be equipped with multiple IR based reflection light barriers arranged in a grid, and the sample container carriers can be configured to reflect IR radiation emitted by the light barriers.") several sample container carriers placeable on the transport surface , each of the sample container carriers having a magnetically active device for the magnetic drive-interaction with the magnetic field generated by the electromagnetic actuation assembly, and a control device being configured to control the electromagnetic actuation assembly as to control movement of sample container carriers placed on the transport surface.(Column 4, lines 46-55: "The electro-magnetic actuators of the actuator module can be configured to move a sample container carrier on top of the driving surface in at least two different directions using magnetic forces. It is well known to provide a control device, which can be configured to control the movement of the container carriers on top of driving surface by driving the electro-magnetic actuators. A wiring board can be provided at each transport device unit for connecting the transport device unit with the control device and for communicating the actuator module with the control device.").
However, Schneider does not disclose elastic elements which are positioned in between the sensor board and the support structure and are partially received in corresponding holes defined in the support structure, and that exert a biasing force caused by compression to of the elastic elements, wherein the biasing force holds the sensor board flush against an inside surface of the top cover.
Hall discloses a similar inspection apparatus comprising elastic elements which are positioned in between the sensor board and the support structure and are partially received in corresponding holes defined in the support structure, and that exert a biasing force caused by compression to of the elastic elements, wherein the biasing force holds the sensor board flush against an inside surface of the top cover. (Column 18, lines 40-58: "As shown in FIGS. 9(a) and 9(b), the PTFE shells 294 and 302 encase the majority of each coupling module with only a fraction of the hydrophilic elastomeric spheres 296 and 306 that provide the coupling element protruding from the end of the shells in order to make direct contact with the inspection surface. In the case of the compound coupling module 300 of FIG. 9(c), the detailed shape of the PTFE shell 302 in the vicinity of and around the circumference of the protruding soft hyper-elastic coupling material of the delay line 304 has an effect upon the coupling performance achieved due to the effective compressive restraint of the soft coupling element 306 as it is trapped within the structure. It also has an effect on the likely service-life of the consumable item due to an increased probability of tearing the hydrophilic elastomeric sphere 306 in cases where this restraint causes a concentrated stress profile across the soft coupling material. It is also noted that the PTFE shell provides some useful general protection to soft perishable coupling materials.")
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Schneider to include the elastic elements as taught by Hall. The motivation for the modification would have been to allow for the absorption of any unwanted ultrasonic echoes while maintaining low friction movement of the spheres within the shell as they are compressed and can allow for cheaper high volume injection moulding or vacuum casting manufacturing methods to be used (Columns 18-19, lines 31-9).
Regarding Claim 10, Schneider in view of Hall discloses the transport device according to claim 1, as seen above. Hall further discloses wherein the elastic elements are rubber bumpers.(Column 18, lines 7-30: " FIG. 9(b) shows a base module 293 made to the design illustrated in FIG. 9(a) and attached to a coupling module 295 comprising an acoustically absorbent shell 294. The shell 294 suppresses internal acoustic reflections and retains a hydrophilic elastomeric sphere 296. In this example, the shell 294 is precision-machined in glass-filled PTFE (e.g. PTFE sold under the Teflon® brand). Alternatively, pure PTFE or some other suitable anechoic polymer could be used. It should also be noted that a range of acoustic polymers specifically designed for anechoic absorption of high frequency acoustic reflections are commercially available. For example, Aptflex F28 from Precision Acoustics is a high frequency anechoic acoustic absorber material used for test tank linings within immersion systems and would thus be a suitable material for the absorbent shell as it offers extremely favourable acoustic attenuation attributes for any unwanted internal ultrasonic echoes. However, PTFE has the advantage of being a low friction material that is ideal for allowing the hydrophilic spheres to move freely within the shell as it compresses under loading on the surface, without any tendency to stick to the inner surface of the restraining shell. An internal screw thread (not visible in FIG. 9(b)) forms a second connector portion that allows attachment of the coupling module 295.")
Regarding Claim 12, Schneider in view of Hall discloses the transport device according to claim 1, as seen above. Schneider further discloses wherein a center of the sensor board corresponds to a gravity projection of a corresponding center of the transport surface onto the sensor board.(Column 10, lines 22-35: "The driving surface module 4 can comprise a sensor board arranged at a bottom side of the driving surface element 41 . Hence, the sensor board can be positioned close to the driving surface across which sample support carriers can be transported. The sensor board can at least form part of a device for sensing a presence or position of an individual sample container carrier moved across the upper side of the driving surface element 41 . In one embodiment, the driving surface element 41 can be transparent to IR light, wherein the sensor board can be equipped with multiple IR based reflection light barriers arranged in a grid, and the sample container carriers can be configured to reflect IR radiation emitted by the light barriers.")
Regarding Claim 13, Schneider in view of Hall discloses the transport device according to claim 1, as seen above. Schneider further discloses wherein the support structure defines a plurality of recesses and the transport device further comprises a plurality of spacer portions distributed around each recess.(Figure 11: Shows module 3 comprising a grid structure 37 with recesses between the grids with bearing pins 370)
Regarding Claim 14, Schneider in view of Hall discloses the transport device according to claim 13, as seen above. Schneider further discloses wherein four spacer portions of the plurality of spacer portions are distributed around at least one recess of the plurality of recesses in a four-pointed crown shape to prevent a top end of a coil received by the recess from contacting the sensor board.(Column 9, lines 45-57: "The actuators 30 can be electrically and mechanically connected to the actuator module wiring board 35 . For this purpose, as best seen in FIG. 11, the actuator module wiring board 35 can be equipped with a plurality of sockets 351 configured to receive contact pins 301 provided at the actuators 30 (see FIG. 12). In order to facilitate a mounting of the actuators 30 to the actuator module 3 , in the embodiment shown, the actuator module 3 can comprise a grid structure 37 made of a magnetically conductive material such as, for example, a metal, comprising a plurality of bearing pins 370 . The bearing pins 370 can be configured to receive one actuator 30 each, wherein the actuators 30 can have corresponding cores 302 .", wherein Figure 11 shows arrangement of the pins 370)
Regarding Claim 15, Schneider in view of Hall discloses the transport device according to claim 1, as seen above. Schneider further discloses wherein the top cover, the electromagnetic actuation assemble, the support structure, and the sensor board have a substantially rectangular perimeter.(Figure 2: Transport device unit 1 and components are substantially rectangular)
Regarding Claim 16, Schneider in view of Hall discloses the transport device according to claim 15, as seen above. Schneider further discloses wherein the top cover, the electromagnetic actuation assemble, the support structure, and the sensor board have a substantially square perimeter.(Figure 2: Transport device unit 1 and components are substantially square)
Regarding Claim 17, Schneider in view of Hall discloses the laboratory sample distribution system of claim 9, as seen above. Hall further discloses wherein the elastic elements are rubber bumpers.(Column 18, lines 7-30: " FIG. 9(b) shows a base module 293 made to the design illustrated in FIG. 9(a) and attached to a coupling module 295 comprising an acoustically absorbent shell 294. The shell 294 suppresses internal acoustic reflections and retains a hydrophilic elastomeric sphere 296. In this example, the shell 294 is precision-machined in glass-filled PTFE (e.g. PTFE sold under the Teflon® brand). Alternatively, pure PTFE or some other suitable anechoic polymer could be used. It should also be noted that a range of acoustic polymers specifically designed for anechoic absorption of high frequency acoustic reflections are commercially available. For example, Aptflex F28 from Precision Acoustics is a high frequency anechoic acoustic absorber material used for test tank linings within immersion systems and would thus be a suitable material for the absorbent shell as it offers extremely favourable acoustic attenuation attributes for any unwanted internal ultrasonic echoes. However, PTFE has the advantage of being a low friction material that is ideal for allowing the hydrophilic spheres to move freely within the shell as it compresses under loading on the surface, without any tendency to stick to the inner surface of the restraining shell. An internal screw thread (not visible in FIG. 9(b)) forms a second connector portion that allows attachment of the coupling module 295.")
Regarding Claim 19, Schneider in view of Hall discloses the laboratory sample distribution system of claim 9, as seen above. Schneider further discloses wherein the support structure defines a plurality of recesses and the transport device further comprises a plurality of spacer portions distributed around each recess.(Figure 11: Shows module 3 comprising a grid structure 37 with recesses between the grids with bearing pins 370)
Regarding Claim 20, Schneider in view of Hall discloses the laboratory sample distribution system of claim 19, as seen above. Schneider further discloses wherein four spacer portions of the plurality of spacer portions are distributed around at least one recess of the plurality of recesses in a four-pointed crown shape to prevent a top end of a coil received by the recess from contacting the sensor board. (Column 9, lines 45-57: "The actuators 30 can be electrically and mechanically connected to the actuator module wiring board 35 . For this purpose, as best seen in FIG. 11, the actuator module wiring board 35 can be equipped with a plurality of sockets 351 configured to receive contact pins 301 provided at the actuators 30 (see FIG. 12). In order to facilitate a mounting of the actuators 30 to the actuator module 3 , in the embodiment shown, the actuator module 3 can comprise a grid structure 37 made of a magnetically conductive material such as, for example, a metal, comprising a plurality of bearing pins 370 . The bearing pins 370 can be configured to receive one actuator 30 each, wherein the actuators 30 can have corresponding cores 302 .", wherein Figure 11 shows arrangement of the pins 370)
Allowable Subject Matter
Claims 11 and 18 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claims 11 and 18, there is no prior art alone or in combination that included the combination of recited limitations in Claims 1, 9, 11 and 18. The art alone or in combination did not disclose wherein the support structure defines a set of holes that interfere with corresponding pins of a back iron to center and position the support structure relative to the back iron. The closest prior art of record Schneider (United States Patent US 10,578,632 B2) and Hall (United States Patent US 10,502,712B2) disclose a similar transport device for a laboratory sample distribution system comprising a top cover with transport surface, electromagnetic actuation assembly, sensor board, support structure, and elastic elements positioned between the sensor board and support structure , but both fail to teach wherein the support structure defines a set of holes that interfere with corresponding pins of a back iron to center and position the support structure relative to the back iron. Additionally, no other references, or reasonable combination thereof, could be found which disclose or suggest these features in combination with other limitations in the claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
United States Patent Application US 2022/0018868 A1 (Tanotra, Pankaj): This patent application has been deemed pertinent due to its similarities between claims 1-9. Tanotra teaches a similar laboratory sample distribution system comprising sample container carriers, magnetically active devices, conductive members, transport plane, electro-magnetic actuators and sensors, as seen in Figure 1.
United States Patent US 10,605,819 B2 (Kaeppeli, Marcel): This patent has been deemed pertinent due to its similarities between claims 1-9. Kaeppeli teaches a similar transport device having a tiled driving surface comprising electro-magnetic actuators, driving surface, container carriers and support elements in a grid pattern as seen in Figure 2.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABBY ALLURA JORGENSEN whose telephone number is (571)270-7124. The examiner can normally be reached M-F 8-5:30.
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/ABBY A JORGENSEN/ Examiner, Art Unit 3651
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