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 .
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.
Claims 1-2, 6, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Mori et al US20020187070 (hereinafter “Mori”) in view of Nidek CO LTD JP2002148179 (hereinafter “Nidek”).
Regarding claim 1, Mori discloses an accelerated degradation testing device (weathering apparatus) for an accelerated degradation test in which degradation of a sample as a test target (test piece-15) is accelerated by means of multiple degradation factors (artificial light sources and liquid substances, paragraph 0056, 0062-0064, 0067) that degrade the sample, the accelerated degradation testing device comprising: a hermetically sealed container (Glass Vessel-13) capable of accommodating the sample as a target of the accelerated degradation test in a hermetically sealed state (Silicone rubber stopper, paragraph 0070, 0089, 0095-0096, the hermetically sealed container being used as a sampling container for an analyzer for performing an analysis by extracting a content via a lid; and wherein the accelerated degradation test of the sample accommodated in the hermetically sealed container in a hermetically sealed state is conducted in a state in which the sample is accommodated in the hermetically sealed container together with a liquid as one of the degradation factors. (Fig 6,9, Paragraphs 0045-0065, 0093-0099)
However, Mori fails to disclose a container holder configured to hold the hermetically sealed container. Nidek discloses a container holder (holder-4 holds vials10 and is mounted on a mount-3) configured to hold the hermetically sealed container. (Paragraph 0010-0015, Fig 1)
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Nidek into Mori for the purpose of increasing detection accuracy. The modification would allow for an increase in sample protection and decrease potential environmental factors creating an error during operational use.
Regarding claim 2, Mori in view of Nidek disclose the device according to claim 2.
Furthermore, Mori discloses the hermetically sealed container (glass vessel-13) includes a bottle-shaped container body (See Fig 6) for accommodating the sample (piece-15) and a sealing portion (silicone rubber stopper, Paragraph 0070) for sealing the container body in a state in which the sample is accommodated in the container body. (Fig 6, Paragraph 0070, 0089, 0095-0096)
Regarding claim 6, Mori in view of Nidek disclose the device according to claim 2.
Furthermore, Mori discloses an irradiation unit configured to emit light (light source-14) as one of the degradation factors, wherein the container body (glass container-13) is a translucent member (See Fig 6 and 9), and wherein the sample (test piece-15) is irradiated via the container body with the light emitted from the irradiation unit in a state in which the sample is accommodated in the hermetically sealed container to conduct the accelerated degradation test on the sample accommodated in the hermetically sealed container in a hermetically sealed state. (Fig 6, Paragraph 0070, 0089, 0095-0096)
Regarding claim 12, Mori in view of Nidek disclose the device according to claim 1.
Furthermore, Mori discloses the hermetically sealed container is a sampling container used for an analysis by a gas chromatograph analyzer. (Fig 6 and 9, Paragraphs 0045-0065, 0093-0099)
Claims 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Mori et al US20020187070 (hereinafter “Mori”) in view of Nidek CO LTD JP2002148179 (hereinafter “Nidek”) in further view of Suga Test Instruments JP2020030151 (hereinafter “Suga”).
Regarding claim 3, Mori in view of Nidek disclose the device according to claim 2.
However, the combination fails to disclose a temperature adjuster configured to adjust a temperature as one of the degradation factors; and a container internal environment measuring unit configured to measure an environment in the hermetically sealed container, the environment including a temperature, wherein the accelerated degradation test of the sample accommodated in the hermetically sealed container in a hermetically sealed state is conducted by performing a temperature adjustment by the temperature adjuster in a state in which the sample is accommodated in the hermetically sealed container. Suga discloses a temperature adjuster (control part-19) configured to adjust a temperature as one of the degradation factors; and a container internal environment measuring unit (temperature sensor-14) configured to measure an environment in the hermetically sealed container (containers-9), the environment including a temperature, wherein the accelerated degradation test of the sample accommodated in the hermetically sealed container in a hermetically sealed state is conducted by performing a temperature adjustment by the temperature adjuster in a state in which the sample is accommodated in the hermetically sealed container. (Paragraph 0023-0084, Figs 1-5)
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Suga into the combination of Mori and Nidek for the purpose of increasing detection accuracy. The modification would allow for testing multiple factors simultaneously which can increase detection accuracy while reducing test time duration.
Regarding claim 4, Mori in view of Nidek disclose the device according to claim 3.
However, the combination fails to disclose a plurality of the hermetically sealed containers is provided, wherein the container internal environment measuring unit includes a temperature sensor to be accommodated in the hermetically sealed container in the hermetically sealed state, and wherein the container holder is configured to hold the hermetically sealed container in which the temperature sensor is accommodated instead of a sample in a hermetically sealed state, together with the hermetically sealed container in which the sample is accommodated in a hermetically sealed state. Suga discloses a plurality of the hermetically sealed containers (containers-9) is provided, wherein the container internal environment measuring unit (temperature sensor-14) includes a temperature sensor to be accommodated in the hermetically sealed container in the hermetically sealed state, and wherein the container holder (sample frames-12 includes sample tables-13) is configured to hold the hermetically sealed container in which the temperature sensor is accommodated instead of a sample in a hermetically sealed state, together with the hermetically sealed container in which the sample is accommodated in a hermetically sealed state. (Paragraph 0023-0084, Figs 1-5)
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Suga into the combination of Mori and Nidek for the purpose of increasing detection accuracy. The modification would allow for testing multiple factors simultaneously which can increase detection accuracy while reducing test time duration.
Regarding claim 5, Mori in view of Nidek disclose the device according to claim 4.
However, the combination fails to disclose a the container holder includes an accommodation unit for accommodating the hermetically sealed containers, and is configured to accommodate a plurality of the hermetically sealed containers each accommodating the sample in the accommodation unit in a hermetically sealed state and accommodate the hermetically sealed container accommodating a temperature sensor instead of the sample in a hermetically sealed state in the accommodation unit. Suga discloses the container holder (sample frame-12) includes an accommodation unit (tables-13) for accommodating the hermetically sealed containers (containers-9), and is configured to accommodate a plurality of the hermetically sealed containers (See Fig 1-5) each accommodating the sample in the accommodation unit in a hermetically sealed state and accommodate the hermetically sealed container accommodating a temperature sensor (sensor-14) instead of the sample in a hermetically sealed state in the accommodation unit. (Paragraph 0023-0084, Figs 1-5)
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Suga into the combination of Mori and Nidek for the purpose of increasing detection accuracy. The modification would allow for testing multiple factors simultaneously which can increase detection accuracy while reducing test time duration.
Allowable Subject Matter
Claims 7-11 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.
The following is a statement of reasons for the indication of allowable subject matter: Prior arts made available do not teach, or fairly suggest, a light source configured to emit light as one of the degradation factors, wherein the irradiation unit is configured to branch the light emitted from the light source and irradiate each of the samples in a plurality of the hermetically sealed containers held by the container holder with the light, a sample surface adjuster configured to adjust an inclination of a surface of the sample in the hermetically sealed container with respect to an irradiation direction of the light emitted by the irradiation unit so that the surface of the sample in the hermetically sealed container becomes perpendicular to the irradiation direction. a sample support including a ferromagnetic member, the sample support being configured to support the sample in the hermetically sealed container, wherein the sample surface adjuster includes a magnet provided on a side of the hermetically sealed container opposite to a side on which the irradiation unit is arranged, and wherein the sample support including the ferromagnetic member is attracted to the magnet so that the surface of the sample in the hermetically sealed container becomes perpendicular to a direction along the irradiation direction as recited in claims 7-11 respectively.
Conclusion
The prior art as cited on the PTO-892 is made of record and not relied upon but considered pertinent to applicant's disclosure.
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/NIGEL H PLUMB/ /Eric S. McCall/Examiner, Art Unit 2855 Primary Examiner, Art Unit 2856