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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/22/2024 and 10/30/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Status
Claims 15-16 and 29-44 are pending and being examined.
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.
Claim(s) 15-16, 29-30, 33-37, and 40- 44 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Voss et al (US 20130047751 A1; hereinafter “Voss”).
Regarding claim 15, Voss teaches a method for aligning a labware (Voss; Abstract; a positioning device for a laboratory apparatus; Examiner notes that the positioning device aligns microtiter plates for the laboratory apparatus), the method comprising:
providing a labware aligning system (Voss; Fig. 3; para [113]; positioning device 50) comprising:
a frame comprising a seat (Voss; Fig. 3, 5; para [80, 103]; the positioning device according to the invention, comprising receiving plate; The examiner interprets the receiving plate as the frame and the top surface of the receiving plate as the seat, as that surface contacts/receives the sample containers); and
a fixation system (Voss; Figure 6; para [106]; coupling device of the positioning device) comprising:
a pusher movable relative to the frame between an open position and a closed position (Voss; Fig, 7; para [120]; The pawl member 71 is always urged against a first stop 76); and,
a pusher actuator (Voss; Fig. 9; the pusher actuator is interpreted as the whole structure which comprises the parts described below) comprising:
a biasing mechanism operative to force the pusher from the open position toward the closed position; and, an actuator linkage (Voss; para [120, 122]; The pawl member 71 is always urged against a first stop 76 by means of a spring member, presently the (weak) torsion spring 75… The contact piece 78 is moved via a shift lever 79 that is pivotally supported at the offset carriage 70 in front of the pawl member 71; Examiner interprets the actuator linkage as the shifting lever and the torsion spring as the biasing member);
mechanically displacing the actuator linkage, thereby causing the actuator linkage to move the pusher from the closed position toward the open position (Voss; Fig. 9; para [131]; To allow free displacement of all of the second parts 52, 52 a, 52 b, 52 c in the y direction it is presently provided for them to be unlocked first. To this end the switch rockers 110, 110 a, 110 b, 1110 c of all of the modules are deflected by a defined angle via an eccentric shaft 115…This slight deflection causes the offset carriage 70 to be moved just sufficiently for the offset pins 81 to be no longer secured by the pin lock 96, 97 (see FIGS. 6, 7). In this way the offset pins 81 can be moved through between the pin lock 96, 97 and the pawl member 71 and thus the second parts can be displaced);
positioning the labware in the seat with the pusher in the open position (Voss; para [132]; adapter devices 121, 122, 123, 124 are provided to be fastened to the receiving plate 52 and to receive another container each); and,
releasing the actuator linkage to permit the biasing mechanism to force the pusher to move toward the closed position, and to thereby cause the pusher to align the labware in the seat (Voss; para [132]; For automatic selection of the correct offset distance S the adapter plates 121, 122, 123, 124 may have fastened to them the shift pins described above for switching the shifting device. Thus, by way of inserting the adapter 121, 122, 123, 124, a shift pin (not visible) can automatically convey the shift lever 79 of the offset carriage 70 to the correct position). The Examiner notes that the carriage 70 comprises the actuator linkage and tension spring as discussed above. Thus, the pusher is moved between an open and closed position by displacing the rockers which releases the second parts. The “open position” is interpreted as the position in which the second parts can be displaced, and the “closed position” is interpreted as the position when the pins are locked to shift the second part, interpreted as the seat.
Regarding claim 16, Voss teaches the method of claim 15 wherein: the method further comprises providing a transport system operable to move the labware, the transport system comprising a carrier configured to releasably hold the labware; mechanically displacing the actuator linkage comprises displacing an engagement member with using the carrier; the method further comprises removing the carrier from the labware after positioning the labware in the seat; and releasing the actuator linkage comprises withdrawing the carrier from the actuator linkage (Voss; para [116]; the module is guided to the front guide limitation 61, the adapter plates are unlocked and can be exchanged). The Examiner interprets the transport device to be the railing which shifts the adapter plates held on the second part 52 between a locked and unlocked position using the grip 62.
Regarding claim 29, Voss teaches the method of claim 15, wherein the biasing mechanism comprises a spring (Voss; para [120]; a spring member, presently the (weak) torsion spring 75).
Regarding claim 30, Voss teaches the method of claim 15, wherein the pusher comprises a sloped bearing surface facing laterally inward toward the seat and upwardly away from the seat (Voss; para [117]; On the top face of the offset carriage the pawl member 71 is supported in the x-y plane pivotally about the pivot axis in the bearing area 72 of the pawl member. By way of displacing the offset carriage 70 in the direction of the negative x axis (“to the right”) the stem-like engagement portion 73 of the pawl member is pushed between the offset pins 81 of the receiving plate 52). The Examiner interprets the sloped baring to be the stem-like engagement portion 73 of the pawl member as the pawl is positioned to engage the pins of the receiving plate 52.
Regarding claim 33, Voss teaches the method for aligning a labware (Voss; Abstract; a positioning device for a laboratory apparatus; Examiner notes that the positioning device aligns microtiter plates for the laboratory apparatus), the method comprising:
providing a labware handling system (Voss; Fig. 3; para [113]; positioning device 50) including:
a transport system operable to move the labware, the transport system comprising a carrier configured to releasably hold the labware (Voss; para [116]; the module is guided to the front guide limitation 61, the adapter plates are unlocked and can be exchanged; The Examiner interprets the transport device to be the railing which shifts the adapter plates held on the second part 52 between a locked and unlocked position using the grip 62); and
a labware aligning system comprising:
a frame comprising a seat (Voss; Fig. 3, 5; para [80, 103]; the positioning device according to the invention, comprising receiving plate; The examiner interprets the receiving plate as the frame and the top surface of the receiving plate as the seat, as that surface contacts/receives the sample containers); and
a fixation system (Voss; Figure 6; para [106]; coupling device of the positioning device) comprising:
a pusher movable relative to the frame between an open position and a closed position (Voss; Fig, 7; para [120]; The pawl member 71 is always urged against a first stop 76); and,
a pusher actuator (Voss; Fig. 9; the pusher actuator is interpreted as the whole structure which comprises the parts described below) comprising:
a biasing mechanism operative to force the pusher from the open position toward the closed position; and, an actuator linkage (Voss; para [120, 122]; The pawl member 71 is always urged against a first stop 76 by means of a spring member, presently the (weak) torsion spring 75… The contact piece 78 is moved via a shift lever 79 that is pivotally supported at the offset carriage 70 in front of the pawl member 71; Examiner interprets the actuator linkage as the shifting lever and the torsion spring as the biasing member);
using the transport system, moving the labware to the seat while holding the labware in the carrier; using the carrier, displacing the actuator linkage to move the pusher from the closed position toward the open position to receive the labware in the seat; and thereafter using the transport system, depositing the labware in the seat with the pusher in the open position (Voss; Fig. 9; para [131]; To allow free displacement of all of the second parts 52, 52 a, 52 b, 52 c in the y direction it is presently provided for them to be unlocked first. To this end the switch rockers 110, 110 a, 110 b, 1110 c of all of the modules are deflected by a defined angle via an eccentric shaft 115…This slight deflection causes the offset carriage 70 to be moved just sufficiently for the offset pins 81 to be no longer secured by the pin lock 96, 97 (see FIGS. 6, 7). In this way the offset pins 81 can be moved through between the pin lock 96, 97 and the pawl member 71 and thus the second parts can be displaced…positioning the labware in the seat with the pusher in the open position…adapter devices 121, 122, 123, 124 are provided to be fastened to the receiving plate 52 and to receive another container each…For automatic selection of the correct offset distance S the adapter plates 121, 122, 123, 124 may have fastened to them the shift pins described above for switching the shifting device. Thus, by way of inserting the adapter 121, 122, 123, 124, a shift pin (not visible) can automatically convey the shift lever 79 of the offset carriage 70 to the correct position). The Examiner notes that the carriage 70 comprises the actuator linkage and tension spring as discussed above. Thus, the pusher is moved between an open and closed position by displacing the rockers which releases the second parts. The “open position” is interpreted as the position in which the second parts can be displaced, and the “closed position” is interpreted as the position when the pins are locked to shift the second part, interpreted as the seat. Further, the carrier is pulled out by grip discussed above after the second part 52 is displaced as described above.
Regarding claim 34, Voss teaches the method of claim 33, wherein: the actuator linkage comprises an engagement member; and displacing the actuator linkage using the carrier to move the pusher from the closed position toward the open position to receive the labware in the seat includes contacting the engagement member with the carrier such that the carrier displaces the engagement member as the carrier moves toward the seat to deposit the labware in the seat and thereby forces the pusher from the closed position toward the open position (Voss; Fig. 9; para [131]; To allow free displacement of all of the second parts 52, 52 a, 52 b, 52 c in the y direction it is presently provided for them to be unlocked first. To this end the switch rockers 110, 110 a, 110 b, 1110 c of all of the modules are deflected by a defined angle via an eccentric shaft 115…This slight deflection causes the offset carriage 70 to be moved just sufficiently for the offset pins 81 to be no longer secured by the pin lock 96, 97 (see FIGS. 6, 7). In this way the offset pins 81 can be moved through between the pin lock 96, 97 and the pawl member 71 and thus the second parts can be displaced). The Examiner interprets the engagement members to be the offset pins of the receiving plate 52 interpreted as the carrier.
Regarding claim 35, Voss teaches the method of claim 34, including: using the transport system after the transport system has deposited the labware in the seat, moving the carrier away from the seat such that the carrier releases the engagement member, thereby releasing the actuator linkage to permit the biasing mechanism to move the pusher from the open position toward the closed position (Voss; para [131]; Unlocking the second parts (FIGS. 3, 4, 9): To allow free displacement of all of the second parts 52, 52 a, 52 b, 52 c in the y direction it is presently provided for them to be unlocked first). The Examiner notes that the carrier can be released after the positioning device is unlocked, and the positioning device remains biased towards the closed position as in discussed in paragraph 41.
Regarding claim 36, Voss teaches the method of claim 35, wherein, when the labware is positioned in the seat and the actuator linkage permits the pusher to move from the open position toward the closed position, the pusher displaces the labware into an alignment with the seat (Voss; para [132]; For automatic selection of the correct offset distance S the adapter plates 121, 122, 123, 124 may have fastened to them the shift pins described above for switching the shifting device. Thus, by way of inserting the adapter 121, 122, 123, 124, a shift pin (not visible) can automatically convey the shift lever 79 of the offset carriage 70 to the correct position).
Regarding claim 37, Voss teaches the method of claim 36, wherein: the frame comprises a barrier adjacent the seat and opposing the pusher; and when the labware is positioned in the seat and the actuator linkage permits the pusher to move from the open position toward the closed position, the biasing mechanism forces the pusher to push the labware against the barrier (Voss; para [132]; For automatic selection of the correct offset distance S the adapter plates 121, 122, 123, 124 may have fastened to them the shift pins described above for switching the shifting device. Thus, by way of inserting the adapter 121, 122, 123, 124, a shift pin (not visible) can automatically convey the shift lever 79 of the offset carriage 70 to the correct position). As mentioned above in claim 33, the closed position is interpreted as the position in which the receiving plate/second part is locked and able to be shifted along the positioning device.
Regarding claim 40, Voss teaches the method of claim 33, wherein: the carrier comprises a gripper configured to hold the labware; and the transport system is configured to: move the labware to the seat while the gripper holds the labware; place the labware in the seat while the gripper holds the labware; open the gripper to release the labware from the gripper and deposit the labware in the seat; and move the gripper away from the seat after the gripper has deposited the labware in the seat (Voss; para [132]; The adapters are likewise ultimately positioned and fixated on the receiving plate 52 via positioning pins 127 (see FIG. 5)). The Examiner interprets the grippers to be the positioning pins which holds the adapter plates when positioned on the receiving plate.
Regarding claim 41, Voss teaches the method of claim 33, wherein the biasing mechanism comprises a spring (Voss; para [120]; a spring member, presently the (weak) torsion spring 75).
Regarding claim 42, Voss teaches the method of claim 33, wherein the pusher comprises a sloped bearing surface facing laterally inward toward the seat and upwardly away from the seat (Voss; para [117]; On the top face of the offset carriage the pawl member 71 is supported in the x-y plane pivotally about the pivot axis in the bearing area 72 of the pawl member. By way of displacing the offset carriage 70 in the direction of the negative x axis (“to the right”) the stem-like engagement portion 73 of the pawl member is pushed between the offset pins 81 of the receiving plate 52). The Examiner interprets the sloped baring to be the stem-like engagement portion 73 of the pawl member as the pawl is positioned to engage the pins of the receiving plate 52.
Regarding claim 43, Voss teaches the method of claim 33, further comprising a detector system operative to determine a position of the pusher (Voss; para [132]; For automatic selection of the correct offset distance S the adapter plates 121, 122, 123, 124 may have fastened to them the shift pins described above for switching the shifting device. Thus, by way of inserting the adapter 121, 122, 123, 124, a shift pin (not visible) can automatically convey the shift lever 79 of the offset carriage 70 to the correct position). The Examiner notes that the Applicants do not claim the components of the detector system. Thus, the Examiner interprets the detector system to be the shift pins which automatically correct the positioning device to the correct position.
Regarding claim 44, Voss teaches the method of claim 33, wherein the labware is at least one of a tip box, a pipette tip box, a well plate, a microwell plate, and a rack configured to hold a plurality of fluid receptacles (Voss; para [132]; An adapter device may for example be provided to receive a sterile box for providing tips, a 96 well microtiter plate, a 384 well microtiter plate, a 96 deep well plate, a liquid container, and a used tips container).
Allowable Subject Matter
Claim 31-32 and 38-39 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. Examiner notes that claim 32 and 39 are objected by virtue of dependency on claim 31 and 38, respectively.
The following is a statement of reasons for the indication of allowable subject matter: Voss fails to disclose dependent claims 31 and 38. Voss does not teach “the actuator linkage is configured to redirect displacement of the engagement member by the operator in a first direction to translational movement of the pusher in a second direction transverse to the first direction”. Specifically, Voss teaches the positioning device shifting between the x-axis as seen in Fig. 8a-d. The positioning device does not move in a direction that is transverse to the x-axis.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Austin Q Le whose telephone number is (571)272-7556. The examiner can normally be reached Monday - Friday 9am - 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Curtis Mayes can be reached at (571) 272-1234. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.Q.L./Examiner, Art Unit 1796
/MATTHEW D KRCHA/Primary Examiner, Art Unit 1796
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