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
There are three (3) sets of claims submitted on 01 MARCH 2024. The claim set considered is the claim set consisting of three (3) pages and the claims have status identifiers.
In the claim set with status identifiers, Claims 1-16 are presented and are considered on the merits below.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01 MARCH 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.
The information disclosure statement (IDS) submitted on 25 JUNE 2025 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.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: Figure 1, character 120; Figure 9, character 2071; Figure 12C, character 2080; Figure 14A, character 2432; Figure 15, character 2506, 2550, 2502; Figure 16, character 2600. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1-16 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2017/184244 to BECTON, submitted on the Information Disclosure Statement on 01 MARCH 2024; Foreign Patent Documents Cite No. 2, and further in view of MIKKAICHI, JP 2003-083986 A.
Applicant’s invention is directed to an analyzer.
Regarding Claim 1, the reference BECTON discloses an automated analyzer, Figure 1, comprising:
a housing, Figure 1, [0050]; and
a processing deck comprising at least one module, wherein each of the at least one module comprises a first location for receiving a dry reagent consumable, a second location for receiving a wet reagent consumable, and a third location for receiving a processing plate consumable configured to work with a magnetic extractor which is positioned below the processing deck and aligns with the processing plate consumable to extract a target substance from the processing plate consumable, Figure 11B, [0090], each module 2200a-c, Figure 12A, 12B, [0096]; wherein the processing deck further comprises a plurality of tip chutes, each positioned in or adjacent to one of the at least one module, Figure 6, [0066], wherein the chutes convey discarded pipette tips below the processing deck to be received by a waste receptacle, Figure 6, ; wherein the housing receives a plurality of drawers and positions the drawer below the processing deck, wherein the drawers receive pipette tips for use in the analyzer, Figure 11B, drawers 2140, [0090], and wherein the drawers that are positioned in alignment with the tip chutes do not extend as far under the processing deck as the drawers that are not in alignment with the tip chutes to provide space for the tip chutes on the processing deck.
The BECTON reference discloses the claimed invention, but is silent in regards to wherein the drawers that are positioned in alignment with the tip chutes do not extend as far under the processing deck as the drawers that are not in alignment with the tip chutes to provide space for the tip chutes on the processing deck.
The MIKKAICHI reference discloses an automated analyzer comprising a housing, Figure 1, ; and a processing deck, Figure 1, [0010], comprising at least one module, Figure 1, [0010], wherein each of the at least one module comprises a first location, a second location and a third location, Figure 1, [0010-0012], wherein the processing deck comprises a plurality of tip chutes, each positioned in or adjacent one of the at lest modules, [0020-0021], wherein the chutes convey discarded pipette tips below the processing deck to be received by a waste receptacle, [0020-0021], and wherein the drawers that are positioned in alignment with the tip chutes do not extend as far under the processing deck as the drawers that are not in alignment with the tip chutes to provide space for the tip chutes on the processing deck, [0039], containers 150 can be of any shape and size.
It would be obvious to one having ordinary skill in the art before the effective filing date to modify the invention of BECTON so that the drawers that are positioned in alignment with the tip chutes do not extend as far under the processing deck as the drawers that are not in alignment with the tip chutes to provide space for the tip chutes on the processing deck since MIKKAICHI suggests the drawer containers to be of any shape or size to accommodate the waste of the analyzer.
Additional Disclosures Included are: Claim 2: wherein the automated analyzer of claim 1, further comprising an automatic pipettor wherein the automatic pipettor aspirates sample from sample containers using a pipette acquired from one of the plurality of drawers and discards used pipette tips into one of the plurality of chutes or aspirates sample from an extraction tube in the processing plate, wherein the plurality of drawers are open to the processing deck, such that the plurality of drawers and the pipettes therein are accessible from the processing deck, BECTON [0012, 0114-0117, 0151, 0174], Claim 28.; Claim 3: wherein the automated analyzer of claim 1, wherein the magnetic extractor further comprises: a housing defining a cavity; adjacent rows of permanent magnets moveably disposed within the cavity of the housing; a drive mechanism connected to the rows of permanent magnets and configured to move the rows of permanent magnets into and from the cavity; a plurality of heating elements that extend from the housing in rows that are disposed at opposite sides of the cavity; wherein moving the permanent magnets from the first position to the second position disposes the rows of permanent magnets directly between rows of the heating elements so that each permanent magnet aligns with a respective heating element; and a drip plate defining troughs that are each disposed adjacent to respective rows of heating elements, BECTON [0174, 0175, 0180]. ; Claim 4: wherein the automated analyzer of claim 3, wherein the magnetic extractor is adapted to receive a processing plate thereon, the heating elements each defining a recess configured to receive and hold an extraction tube of the processing plate disposed above the magnetic extractor, the heating elements being connected to a power source that heats the heating elements so that when the processing plate is placed over the heating elements, the pipette tips held by the processing plate extend into the troughs of the drip plate, BECTON [0099, 0174-0175].; Claim 5: wherein the automated analyzer of claim 4, wherein the processing plate is placed on the magnetic extractor by an inventory robot, BECTON Claim 23-25, [0065]. ; Claim 6: wherein the automated analyzer of claim 1, further comprising a consumable repository for receiving a consumable item for use in the automated analyzer, BECTON Figure 10A, Claim 25, [0079-0080].; Claim 7: wherein the automated analyzer of claim 6 wherein the consumable item is selected from the group consisting of a processing plate, a dry reagent plate, a liquid reagent plate and an amplification cartridge, BECTON [0175]. ; Claim 8: wherein the automated analyzer of claim 1, wherein the at least one module further comprises dry and liquid reagent stations adjacent the magnetic extractor, wherein the magnetic extractor is adapted to receive a processing plate thereon and wherein the processing plate is positioned lower in the at least one module relative to dry and liquid reagent plates placed at respective dry and liquid reagent stations, BECTON [0150].; Claim 9: wherein the automated analyzer of claim 1 wherein the processing plate carries pipette tips, BECTON [0179, 0180]. ; Claim 10: wherein the automated analyzer of claim 2, wherein an inventory robot positioned over the processing deck can access the pipette tips in one of the plurality of drawers, BECTON [0012, 0056, 0141, 0142]. ; Claim 11: wherein the automated analyzer of claim 10, wherein the drawers that are aligned with the chutes have one bin for receiving one rack of pipette tips and wherein the drawers that are not aligned with the chutes have two bins for receiving two racks of pipette tips, MIKKAICHI [0039], waste containers 150.; Claim 12: wherein the automated analyzer of claim 11, wherein the one rack of pipette tips carries pipette tips of the same volume, BECTON [0060].; Claim 13: wherein the automated analyzer of claim 12, wherein each rack of pipette tips carries pipette tips of a certain volume but the certain volume of one rack of pipette tips can be the same or different from the certain volume of a different rack, BECTON [0059-0060], Figure 4A, 4B.; Claim 14: wherein the automated analyzer of claim 13, wherein the drawer can be pulled from under the processing deck to load pipette tip racks into the drawer and remove pipette tip racks from the drawer, BECTON Figure 10B, 10C [0076-0077].; Claim 15: wherein the automated analyzer of claim 1, where the processing deck comprises a plurality of modules, BECTON [0011], Figure 11A, 11B.; Claim 16: wherein the automated analyzer of claim 15, wherein each module has the chute, wherein the chute extends downward from the processing deck, BECTON Figure 17A, at module 3200 and below processing deck 3016 there is space below extending down under each module 3200.
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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CTM
/CHRISTINE T MUI/Primary Examiner, Art Unit 1797
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