FIRST NON-FINAL REJECTION
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 Objections
Claim 3 recites the limitation "the biasing element" in line 3 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the vial holder" in line 1 of the claim. There is insufficient antecedent basis for this limitation in the claim.
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) 1-4, 10-14, 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lu et al. U.S. Patent Application Publication 2020/0030995.
With respect to claims 1, 10, and 14, Lu teaches a test head configured to apply a compressive force to a vial or cartridge (interpreted as mover 710 that is configured for assembly, packaging, inspection, and testing, paragraphs 2 and 238, figure 7a); a load cell configured to measure the compressive force (forces and torques are calculated, paragraph 170); and a vial or cartridge holder (tool 717 having jaws for holding, paragraph 238, figure 7A) wherein the vial holder is configured to center a vial on the centering point for a range of vial diameters (tool/jaws 717 may hold a objects with a variety of diameters, figure 7A), comprising: a first block and a second block (interpreted as the jaws of the tool 717, figure 7A); a kinematic linkage configured to control positions of the first block and the second block to be equidistant from a centering point on a positioning surface (linkage assembly connecting the tool 717 and the bodies 716I, 716II, figure 7A), the centering point being aligned with the compressive force applied by the test head (the center point between the tool 717, figure 7A); and an actuator configured to manipulate the kinematic linkage to urge the first block and the second block toward or away from the centering point (a first magnetic body 716I and a second magnetic body 716II, and a mechanical link 719 actuate the tool 717, paragraph 238).
With respect to claim 2, Lu teaches wherein the first block and the second block are moved via the kinematic linkage along a first linear direction (the tool 717 is moved along a first direction by the bodies and link, figure 7A), and at least one of the first block or the second block comprises a notched surface configured to center a vial with the centering point along a second direction (interpreted as the “teeth” of the jaws/tool 717, figure 7A).
With respect to claims 3 and 11-12, Lu teaches wherein the actuator comprises a plunger (body 716II, figure 7A) configured to be actuated in a first direction to move the first block and the second block apart (motion of the body moves the tool 717, paragraph 238, figure 7A), and the biasing element (deformable component 721B, paragraph 238, figure 7A) is configured to urge the plunger in a second direction opposite the first direction (deformable component 721B may be optionally used to hold the tool 717 at an open or closed position, paragraph 238), and wherein the actuator comprises at least one of an electrical actuator or a pneumatic actuator (the mover is an electrically conductive actuating element, paragraph 162).
With respect to claim 4, Lu teaches a body comprising the positioning surface (interpreted as the working surface, paragraph 159), the first block and the second block configured to be coupled to the body (movers are coupling to the working surface, paragraphs 159 and 162).
With respect to claim 13, Lu teaches a controller configured to control the electrical actuator or the pneumatic actuator to move the first block and the second block toward or away from the centering point (paragraph 163).
With respect to claim 16, Lu teaches wherein the centering point is concentric to the compressive force applied by the test head (interpreted as the center point between the tool/jaws 717, figure 7A).
Response to Amendment
Claims 5-9, 15, 17, and 18 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDDIE KIRKLAND III whose telephone number is (571)272-2232. The examiner can normally be reached 9am-5pm.
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FREDDIE KIRKLAND III
Primary Examiner
Art Unit 2855
/Freddie Kirkland III/Primary Examiner, Art Unit 2855 6/23/2026
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