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
Claim 1-9 are pending and under examination.
Information Disclosure Statement
The information disclosure statement (IDS) document(s) submitted on 07/31/2024, 06/12/2025, 09/24/2025, 11/14/2025, 12/23/2025, and 07/31/2026 are compliant with the provisions of 37 CFR 1.97. Accordingly, the IDS document(s) has/have been fully considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 8-9 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 pre-AIA the applicant regards as the invention.
Claim 8 recites “step c” and claim 9 recites “step d”. The method of claim 7, which claims 8 and 9 depend from, do not refer to a “step c” or a “step d”, and it is unclear what step applicant is referring to in the claims.
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 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.
Claim(s) 1-3 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bosaglia et al. (US 2019/0376990 – hereinafter “Bosaglia”).
Regarding claim 1, Bosaglia disclose a mechanism for providing selective access to one of a plurality of containers within a substantially enclosed housing (Bosaglia disclose mechanism 1 for providing selective access to containers 100 within a substantially enclosed housing 3; fig. 1, [0038]), wherein the mechanism comprises:
a movable carrier within the housing (Bosaglia disclose carousel 32; fig. 1, [0057]), wherein the movable carrier is configured to hold and carry the plurality of containers (Bosaglia disclose carousel as a movement system adapted to accommodate one or more containers 100; fig. 1 [0057]);
a container access opening formed in a top wall of the housing at a position on a path traversed by the plurality of containers carried on the movable carrier so that movement of the carrier sequentially places each of the plurality of containers beneath the container access opening (Bosaglia disclose duct 31 in the top wall of the housing 3 which containers 100 on carousel pass through; figs. 1 & 11-12, [0043]); and
a shutter plate pivotably attached to the top wall of the housing and pivotable between a first position covering the container access opening to thereby prevent access through the container access opening to the container located beneath the container access opening and a second position exposing the container access opening to thereby allow access through the container access opening to the container located beneath the container access opening (Bosaglia disclose shutter plate 41 pivotably attached to the top wall of the oven 3 and pivotably between a first position covering the container access opening 31 to thereby prevent access through the container access opening to the container located beneath the container access opening; figs 4 & 7, [0045], and a second position exposing the container access opening to thereby allow access through the container access opening to the container located beneath the container access opening; figs. 9, [0045]).
Regarding claim 2, Bosaglia disclose the mechanism of claim 1 above, further comprising a motor operatively coupled to the shutter plate to effect powered movement of the shutter plate from the first position to the second position (Bosaglia disclose shutter plate 41 comprises a toothed portion to mesh with a motor to rotate between the first position and the second position; figs. 4-5, 6b, & 9-9, [0056]).
Regarding claim 3, Bosaglia disclose the mechanism of claim 2 above, wherein the shutter plate comprises a sector gear mounted for pivoting movement between the first position and the second position and including gear teeth along an arcuate edge thereof that engage a gear driven by the motor (Bosaglia; fig. 6b, [0056]).
Regarding claim 7, Bosaglia disclose a method for providing selective access to one of a plurality of containers within a substantially enclosed housing (Bosaglia disclose mechanism 1 for providing selective access to containers 100 within a substantially enclosed housing 3; figs. 1, 7-9 and 11-12, [0038, 0045-0047]), wherein the method comprises the automated steps of:
carrying the plurality of containers within the housing on a movable carrier (Bosaglia disclose a carousel within the housing 3; [0039, 0057]);
sequentially placing each of the plurality of containers carried on the movable carrier beneath a container access opening formed in a top wall of the housing (Bosaglia disclose duct 31 in the top wall of the housing 3 which containers 100 on carousel pass through; figs. 1 & 11-12, [0043]; and
automatically pivoting a shutter plate pivotably attached to the top wall of the housing from a first position covering the container access opening to a second position exposing the container access opening (Bosaglia disclose shutter plate 41 pivotably attached to the top wall of the oven 3 and pivotably between a first position covering the container access opening 31 to thereby prevent access through the container access opening to the container located beneath the container access opening; figs 4 & 7, [0045], and a second position exposing the container access opening to thereby allow access through the container access opening to the container located beneath the container access opening; figs. 9, [0045]).
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 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Bosaglia in view of Forrer (US 2019/0049478 – hereinafter “Forrer”).
Regarding claim 8, Bosaglia teach the method of claim 7 above.
Bosaglia does not teach the method further comprising the step of: during step c) automatically contacting a top portion of the container positioned beneath the container access opening to hold the container at a fixed, vertical position.
However, Forrer teach the analogous art of a mechanism for providing selective access to a container within a substantially enclosed housing (Forrer teach mechanism 1 for providing selective access to container 18 within a substantially enclosed housing 5; figs. 1-2, [0022, 0025]), a container access opening (Forrer; fig. 2, #8, [0025]), the method comprising the step of: during step c) automatically contacting a top portion of the container positioned beneath the container access opening to hold the container at a fixed, vertical position (Forrer; figs. 2 & 7-8, “separator element 15”, [0034-0035]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Bosaglia to further comprise the step of automatically contacting a top portion of the container positioned beneath the container access opening to hold the container at a fixed, vertical position, as taught by Forrer, because Forrer teach holding the container beneath the container access opening allows the syringes to be extracted from the container lid after sampling (Forrer; [0035]). One of ordinary skill in the art would have expected this modification could have been performed with a reasonable expectation of success since Bosaglia and Forrer both teach transferring sample containers through an access opening and heating the sample in a housing.
Regarding claim 9, modified Bosaglia teach the method of claim 8 above, wherein step d) comprises contacting the top portion of the container positioned beneath the container access opening with a container hold down arm (The modification of the method of Bosaglia to further comprise the step of automatically contacting a top portion of the container positioned beneath the container access opening to hold the container at a fixed, vertical position, as taught by Forrer, has previously been discussed in claim 8 above. Forrer teach contacting the top portion of the container with a container hold down arm; figs 5-7, [0031-0033]).
Other References Cited
The prior art of made of record and not relied upon is considered pertinent to Applicant’s disclosure include:
Forrer (US 2019/0049478) teach a mechanism for providing selective access to a container within a substantially enclosed housing, a container access opening, and a container hold down arm, configured for movement between a first position not contacting a container positioned beneath the container access opening and a second position contacting a top portion of a container positioned beneath the container access opening to hold the container in a fixed vertical position. However, Forrer does not teach the motor coupled to a shutter plate wherein the container hold down arm moves from its first position to its second position as the motor moves the shutter plate from its first position to its second position.
Sato et al. (US Patent No. 8,806,965) disclose a mechanism for providing selective access to one of a plurality of containers within a substantially enclosed housing comprising a movable carrier within the housing, a container access opening formed in a top wall of the housing, and a shutter plate pivotably attached to the top wall of the housing.
Watanabe (US 2017/0082647) disclose a container hold down arm configured to contact a container in a second position.
Ghaed et al. (US Patent No. 5,466,416) disclose an arm for releasably retaining a rotational base member comprising an arm and spring configured to bias the arm.
Wakamiya et al. (US 2008/0241937) disclose a motor and shutter plate disposed on a top wall of a housing configured to provide access to a container access opening.
Allowable Subject Matter
Claims 4-6 are 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.
In addition to the remarks of record, the instant claims define over the prior art because the cited prior art does not teach or suggest a motor coupled to a container hold down arm to move the container hold down arm from a first position to a second position as the motor moves a shutter plate from a first position to a second position.
Any comments considered necessary by Applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance”.
Citations to art
In the above citations to documents in the art, an effort has been made to specifically cite representative passages, however rejections are in reference to the entirety of each document relied upon. Other passages, not specifically cited, may apply as well.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CURTIS A THOMPSON whose telephone number is (571) 272-0648. The examiner can normally be reached on M-F: 7:00 a.m. - 5:00 p.m..
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.
E-mail communication Authorization
Per updated USPTO Internet usage policies, Applicant and/or applicant’s representative is encouraged to authorize the USPTO examiner to discuss any subject matter concerning the above application via Internet e-mail communications. See MPEP 502.03. To approve such communications, Applicant must provide written authorization for e-mail communication by submitting the following statement via EFS Web (using PTO/SB/439) or Central Fax (571-273-8300):
Recognizing that Internet communications are not secure, I hereby authorize the USPTO to communicate with the undersigned and practitioners in accordance with 37 CFR 1.33 and 37 CFR 1.34 concerning any subject matter of this application by video conferencing, instant messaging, or electronic mail. I understand that a copy of these communications will be made of record in the application file.
Written authorizations submitted to the Examiner via e-mail are NOT proper. Written authorizations must be submitted via EFS-Web (using PTO/SB/439) or Central Fax (571-273-8300). A paper copy of e-mail correspondence will be placed in the patent application when appropriate. E-mails from the USPTO are for the sole use of the intended recipient, and may contain information subject to the confidentiality requirement set forth in 35 USC § 122. See also MPEP 502.03.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Capozzi can be reached at 571-270-3638. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.A.T./Examiner, Art Unit 1798
/BENJAMIN R WHATLEY/Primary Examiner, Art Unit 1798
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