DETAILED ACTION
This action is in response to applicant’s amendment received on 07/29/2026. Amended claim 1 is acknowledged. Claims 1-5 are pending. Claims 3 and 5 remain withdrawn from consideration pursuant to 37 CFR 1.142(b).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102:
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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Muraishi et al. (US 2008/0072689, herein “Muraishi”).
Regarding claim 1, Muraishi discloses:
a temperature control device (fig. 13) comprising:
a thermally conductive portion (86) (fig. 13);
a cooling part (84 plus 85) configured to cool the thermally conductive portion (86) (fig. 13) [par. 0081];
a cover portion (88) having an opening (88A) through which a container (102) is inserted and removed while covering an upper side of the thermally conductive portion (86) (fig. 13) [par. 0084], and
a heat insulation material (82) covering a lateral side of the thermally conductive portion (86), wherein an upper surface of the heat insulation material (82) contacts the cover portion (88) (fig. 13) [par. 0081], wherein
an air layer (86b) is formed between the thermally conductive portion (86) and the cover portion (88) (fig. 13), in a space defined by the thermally conductive portion (86), the heat insulation material (82), and the cover portion (88) (fig. 13).
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hwang (US 2019/0210028)
Regarding claim 1, Hwang discloses:
a temperature control device (10) (figs. 1 and 5A-5C) [abs., lines 1-3] comprising:
a thermally conductive portion (20) [par. 0241]
a cooling part (32) [par. 0242];
a cover portion (see annotated fig. 5A-HWANG, below) having an opening (71) through which a container (90) is inserted and removed while covering an upper side (21) of the thermally conductive portion (20) (see annotated fig. 5A-HWANG, below, and figs. 5B-5C), and
a heat insulation material (at gaps 310) (figs. 34A-34B, as it applies to the embodiment of figs. 5A-5C) [par. 0417-0418, as it applies to the embodiment of figs. 5A-5C] covering a lateral side of the thermally conductive portion (20), wherein an upper surface of the heat insulation material (at 310) contacts the cover portion (see annotated fig. 5A-HWANG, below, and figs. 34A-34B, where a solid insulator filled in the gaps 310 would contact the cover portion) [par. 0417], wherein
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an air layer (50) is formed between the thermally conductive portion (20) and the cover portion (see annotated fig. 5A-HWANG, below, and figs. 5B-5C) [par. 0249, as it applies to the embodiment of figs. 5A-5C, and par. 0271], in a space (where 50 is, figs. 5A-5C) defined by the thermally conductive portion (20), the heat insulation material (at 310), and the cover portion (see annotated fig. 5A-HWANG, page 3, and figs. 5B-5C, as it applies to figs. 34A-34B).
MPEP 2114 II clearly states “Apparatus claims cover what a device is, not what a device does" and “A claim containing a ‘recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus’ if the prior art apparatus teaches all the structural limitations of the claim.” Because Claim 1 fails to further limit the apparatus in terms of structure, but rather only recite further functional limitations, regarding the “a cooling part configured to cool the temperature control block” limitation, the invention as taught by Hwang is deemed fully capable of performing such function. In the instant case, Hwang’s cooling part (32) is part of a heat source (30) capable of heating or cooling [par. 0242] and therefore capable of cooling the block (20) by conduction (though 90) (fig. 5A).
Regarding claim 2, Hwang discloses:
a thickness of the air layer (50) being 10 mm or less [par. 0247, as it applies to the embodiment of figs. 5A-5C].
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103:
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 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Lurz et al. (US 2004/0258568, herein “Lurz”) in view of Muraishi.
Regarding claim 1, Lurz discloses:
a temperature control device (fig. 1) [par. 0025] comprising:
a thermally conductive portion (7/8/9);
a cooling part (16) configured to cool the thermally conductive portion (7/8/9) (fig. 1) [par. 0030-0031];
a cover portion (top wall of 4 plus 5) having an opening (6) through which a container (1) is inserted and removed while covering an upper side of the thermally conductive portion (7/8/9) (fig. 1) [par. 0027-0028], and
a housing side wall (of 4) covering a lateral side of the thermally conductive portion (7/8/9), wherein an upper surface of the housing side wall (of 4) contacts the cover portion (top wall of 4 plus 5) (best seen in fig. 2, as it applies to fig. 1), wherein
an air layer is formed between the thermally conductive portion (7/8/9) and the cover portion (top wall of 4 plus 5) (fig. 1), in a space defined by the thermally conductive portion (7/8/9), the housing side wall (of 4), and the cover portion (top wall of 4 plus 5) (fig. 1).
Lurz does not specifically disclose the housing side wall (of 4) being a heat insulating material. However, it would have been obvious to one of skill in the art, before the effective filing date of the claimed invention, to have the housing side wall (of 4) made of insulating material in order to optimize thermal interaction between the cooling part (16), the thermally conductive portion (7/8/9), the sample liquids in containers (1) and the heating part (12 plus 13) [see par. 0029-0033] by preventing an unwanted change in temperature inside the housing (4) due to temperature outside the housing (4). Further, Muraishi teaches that temperature control devices (80) (fig. 13) comprising a thermally conductive portion (86) (fig. 13); a cooling part (84 plus 85) configured to cool the thermally conductive portion (86) (fig. 13) [par. 0081]; a cover portion (88) having an opening (88A) through which a container (102) is inserted and removed while covering an upper side of the thermally conductive portion (86) (fig. 13) [par. 0084], and an air layer (86b) formed between the thermally conductive portion (86) and the cover portion (88) (fig. 13), wherein a heat insulation material (82) covers a lateral side of the thermally conductive portion (86), and an upper surface of the heat insulation material (82) contacts the cover portion (88) (fig. 13), are old and known in the art.
Regarding claim 4, Lurz discloses:
a heating part (12 plus 13) configured to heat the cover portion (top of 4 plus 5) (fig. 1) [par. 0029].
Response to Arguments
Applicant's arguments filed 07/29/2026 have been fully considered but they do not apply to the new grounds of rejection. It is noted, the overly broad language of the newly added limitations of claim 1 allows a broad interpretation of the claim. Please refer to the rejection above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GUSTAVO A HINCAPIE SERNA whose telephone number is (571)272-6018. The examiner can normally be reached 9am-5:30pm.
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/GUSTAVO A HINCAPIE SERNA/Examiner, Art Unit 3763
/JENNA M MARONEY/Primary Examiner, Art Unit 3763
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