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 .
Election/Restrictions
Applicant’s election without traverse of group II: T-shaped track assembly (including claims 1, 2, 5, 6, and 10) in the reply filed on June 21, 2026 is acknowledged.
Claims 3, 4, 7, 8, and 9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on June 21, 2026.
Claim Objections
Claim 5 is objected to because of the following informalities:
Regarding claim 5, each of the claimed, “the upper plane” and “the lower plane” lack antecedent basis in the claims (first introduced in claim 2, not claim 1 from which claim 5 depends).
Appropriate correction is required.
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 (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 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) 1, 2, 5, 6, and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oonuma et al. (US Pub. # 20150177267), hereinafter referred to as Oonuma.
Regarding claim 1, Oonuma teaches, “A conveying track (Fig. 1–4; para. [0018–0044]; ref. # 140’s and 150), comprising a rack, on which a delivering track is provided, wherein the delivering track is formed by one of or combining at least two
Regarding claim 2, Oonuma teaches, “wherein the delivering track comprises an upper delivering track and a lower delivering track, which are located on different horizontal planes (see Fig. 3, 4; para. [0030–0037]; see also shelf boards 201, 202), the lower delivering track is configured to deliver a sample tray without samples (see para. [0021]).”
Regarding claim 5, Oonuma teaches, “wherein the T-shaped track assembly comprises a first T-shaped sub track, a second T-shaped sub track, a third T-shaped sub track, a fourth T-shaped sub track, a fifth T-shaped sub track, and a sixth T-shaped sub track, the first T-shaped sub track, the second T-shaped sub track, the third T-shaped sub track and the fourth T-shaped sub track are located on the upper plane, and the fifth T-shaped sub track and the sixth T-shaped sub track are located on the lower plane (see Fig. 1, 2, 4; para. [0021, 0024, 0028, 0030–0032, 0035, 0037, 0040–0044]; left and right of 142 of 140, in connection with 140 forming T–shape, see Fig. 2; upper and lower track’s described, 142’s left and right of 152 interpreted as 1st through 4th sub tracks and lower tracks shown in Fig. 2–4, ref. # 201, 202 having tracks interpreted as 5th and 6th sub tracks).”
Regarding claim 6, Oonuma teaches, “wherein the first T-shaped sub track and the second T-shaped sub track are arranged along the main delivering direction, the third T-shaped sub track and the fourth T-shaped sub track of are both connected to the second T-shaped sub track, and the third T-shaped sub track and the fourth T-shaped sub track are arranged perpendicular to the second T-shaped sub track of the track assembly, the fifth sub track of the T-shaped track assembly is arranged along the main delivering direction, and the sixth T-shaped sub track is perpendicularly connected to the fifth T-shaped sub track (see Fig. 1, 2, 4; para. [0021, 0024, 0028, 0030–0032, 0035, 0037, 0040–0044]; left and right of 142 of 140, in connection with 140 forming T–shape, see Fig. 2; upper and lower track’s described, 142’s left and right of 152 interpreted as 1st through 4th sub tracks and lower tracks shown in Fig. 2–4, ref. # 201, 202 having tracks interpreted as 5th and 6th sub tracks).”
Regarding claim 10, Oonuma teaches, “wherein the delivering track comprises
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO–892 form. The references cited herewith teach sample carrying devices and systems with configurations similar to the present application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN D WALSH whose telephone number is (571)272-2726. The examiner can normally be reached M-F, 8:30am-6:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Walter Lindsay can be reached at 571-272-1674. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RYAN D WALSH/Primary Examiner, Art Unit 2852
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