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
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.
Claim(s) 1-8, 10-15, 20-22, 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okada (US 20240027375 A1) in view of Stein (US 20190277869 A1).
Regarding claim 1, Okada discloses:
1. A sample measuring apparatus comprising: a measuring device that measures a sample (abstract measurement device); a conveyance device (abstract conveyance device) that uses cassettes each having a plurality of stages capable of storing a plurality of samples (abstract sample tray) cassettes (abstract sample container stored in retreat portion); a sample detector capable of detecting presence or absence of the sample in each stage of each of the cassettes (paragraph 68); and a controller that controls the measuring device and the conveyance device based on a result of the detection by the sample detector (paragraphs 11-13, paragraph 26-27, 68).
Okada fails to disclose the samples have different sizes. However in an analogous art, Stein discloses samples with different sizes (paragraphs 63-65). It would have been obvious to one of ordinary skill in the art to combine this teaching with Okada by supporting different sized samples. The motivation for the combination because of patient samples may come from different sources (paragraphs 8-9).
Regarding claim 2, Okada discloses:
2. The sample measuring apparatus according to claim 1, wherein the sample detector detects presence or absence of the sample in a predetermined stage of the cassette serving as the pickup source and/or a predetermined stage of the cassette serving as the placement destination (paragraph 68).
Regarding claim 3, Okada discloses:
3. The sample measuring apparatus according to claim 2, wherein the controller causes the measuring device and the conveyance device to perform a sample measurement operation when the sample is not present in the predetermined stage of the cassette serving as the pickup source and/or the predetermined stage of the cassette serving as the placement destination (fig. 4 s405-s410 measurement performed after sample moved from pickup source to measurement device).
Regarding claim 4, Okada discloses:
4. The sample measuring apparatus according to claim 2, wherein when the sample is present in the predetermined stage of the cassette serving as the pickup source and/or the predetermined stage of the cassette serving as the placement destination, the controller interrupts a sample measurement operation by the measuring device and the conveyance device and displays a warning (paragraph 61 interrupt based on conflcit).
Regarding claim 5, Okada discloses:
5. The sample measuring apparatus according to claim 2, wherein the predetermined stage of the cassette serving as the pickup source is a stage on an upper side of a stage in which an unmeasured sample is stored (fig. 1 samples stored on top), and the predetermined stage of the cassette serving as the placement destination is a stage on an upper side of the stage in which the measured sample is stored (fig. 1 60).
Regarding claim 6, Okada discloses:
6. The sample measuring apparatus according to claim 1, wherein the sample detector moves to a position where the cassette serving as the pickup source or the cassette serving as the placement destination is installed, and detects the presence or absence of the sample (paragraph 68 contact sensor).
Regarding claim 7, Okada discloses:
7. The sample measuring apparatus according to claim 2, wherein the sample detector detects the presence or absence of the sample in the predetermined stage of the cassette serving as the pickup source before start of the taking-out of the sample from the cassette serving as the pickup source (paragraph 27 The claws 52 are expanded outward upon contact with the sample container 40).
Regarding claim 8, Okada discloses:
8. The sample measuring apparatus according to claim 2, wherein the sample detector detects the presence or absence of the sample in the predetermined stage of the cassette serving as the placement destination before start of the storing of the sample into the cassette serving as the placement destination (paragraph 68 The control device 80 determines whether another sample container has been placed at the original position, based on the detection result sent from the contact sensor 35)
Regarding claim 10, Okada discloses:
10. The sample measuring apparatus according to claim 1, wherein the conveyance device includes a hand portion for holding the sample (paragraph 27 claw), the sample detector includes a distance measuring sensor attached to the hand portion (paragraph 27 detect contact is detection of distance=zero, paragraph 66), and the distance measuring sensor measures a distance from the distance measuring sensor to an object in each stage of each of the cassettes in a depth direction of the cassette (paragraph 27 detect contact is detection of distance=zero, paragraph 66).
Regarding claim 11, Okada discloses:
11. The sample measuring apparatus according to claim 1, wherein the conveyance device includes a hand portion for holding the sample (paragraph 27, and
Okada fails to disclose and Stein discloses: the sample detector includes an imager that is attached to the hand portion and captures an image of the inside of each of the cassettes (paragraph 12 sample handler module includes camera). It would have been obvious to one of ordinary skill in the art to combine this teaching with Okada by including a camera with the hand portion. The motivation for the combination because of patient samples may come from different sources (paragraphs 8-9).
Regarding claim 12, Okada fails to disclose and Stein discloses:
12. The sample measuring apparatus according to claim 1, comprising an operation part for a user to set sample information including a size of the sample stored in each stage of each of the cassettes (paragraph 74 tube characterization station). It would have been obvious to one of ordinary skill in the art to combine this teaching with Okada by supporting different sized samples. The motivation for the combination because of patient samples may come from different sources (paragraphs 8-9).
Regarding claim 13, Okada discloses:
13. The sample measuring apparatus according to claim 1, wherein the sample detector includes a sample detection sensor provided in each stage of each of the cassettes (paragraph 68 The contact sensor 35 is provided at each position where the sample container 40 is placed on the sample tray 30. )
Regarding claim 14, Okada discloses:
14. A sample measuring apparatus comprising: a measuring device that measures a sample (abstract measurement device); a conveyance device that takes out each sample one by one from a cassette having a plurality of stages capable of storing a plurality of samples (abstract conveyance device)
Okada fails to disclose the samples have different sizes, a size detector that detects a size of sample stored in each stage of the cassette and controlling based on the size. However in an analogous art, Stein discloses samples with different sizes (paragraphs 63-65) and a size detector that detects a size of sample stored in each stage of the cassette and controlling based on the size(paragraph 65). It would have been obvious to one of ordinary skill in the art to combine this teaching with Okada by supporting different sized samples. The motivation for the combination because of patient samples may come from different sources (paragraphs 8-9) and to improve pick/place accuracy (paragraph 65).
Regarding claim 15, Okada fails to disclose and Stein discloses:
15. The sample measuring apparatus according to claim 14, further comprising an operation part for a user to set sample information including the size of the sample stored in each stage of the cassette (paragraph 74 tube characterization station). It would have been obvious to one of ordinary skill in the art to combine this teaching with Okada by supporting different sized samples. The motivation for the combination because of patient samples may come from different sources (paragraphs 8-9).
Regarding claim 20, Okada fails to disclose and Stein discloses:
20. The sample measuring apparatus according to claim 14, further comprising a memory that stores, in advance, registration information in which a requirement for the size of the sample to be measured is registered for each sample type (paragraph 74 size of the tube is measured). It would have been obvious to one of ordinary skill in the art to combine this teaching with Okada by supporting different sized samples. The motivation for the combination because of patient samples may come from different sources (paragraphs 8-9) and to improve pick/place accuracy (paragraph 65).
Regarding claim 21, Okada fails to disclose and Stein discloses
21. The sample measuring apparatus according to claim 14, wherein the size detector detects the size of the sample before the sample is taken out from a takeout target stage (paragraph 65-66). It would have been obvious to one of ordinary skill in the art to combine this teaching with Okada by supporting different sized samples. The motivation for the combination because of patient samples may come from different sources (paragraphs 8-9) and to improve pick/place accuracy (paragraph 65).
Regarding claim 22, Okada fails to disclose and Stein discloses:
22. The sample measuring apparatus according to claim 14, wherein the size detector moves to a position where the cassette is installed, and detects the size of the sample (paragraph 65-66). It would have been obvious to one of ordinary skill in the art to combine this teaching with Okada by supporting different sized samples. The motivation for the combination because of patient samples may come from different sources (paragraphs 8-9) and to improve pick/place accuracy (paragraph 65).
Regarding claim 24, Okada as modified fails to disclose and Stein discloses:
24. The sample measuring apparatus according to claim 14, wherein the size detector includes a size detection sensor provided in each stage of the cassette (paragraph 65-66). It would have been obvious to one of ordinary skill in the art to combine this teaching with Okada by supporting different sized samples. The motivation for the combination because of patient samples may come from different sources (paragraphs 8-9) and to improve pick/place accuracy (paragraph 65).
Allowable Subject Matter
Claim 9, 16-19, 23 is 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. Regarding claim 9, the prior art of record fails to disclose in combination with claim 2 wherein each of the cassettes has a reference end portion on a back side in a depth direction of the cassette, the sample detector includes a pressing member capable of pressing the sample against the reference end portion of each of the cassettes, and the sample detector determines that the sample is not present in the predetermined stage of each of the cassettes in a case where a length from the reference end portion of each of the cassettes to the pressing member is smaller than a minimum sample size. Regarding claim 16, the prior art of record fails to disclose in combination with claim 15, wherein the controller continues a sample measurement operation by the measuring device and the conveyance device when the size of the sample detected by the size detector in a takeout target stage matches a sample size set for the takeout target stage by the user via the operation part. Regarding claim 17, the prior art of record fails to disclose in combination with claim 15, wherein when the size of the sample detected by the size detector in a takeout target stage does not match a sample size set for the takeout target stage by the user via the operation part, the controller interrupts a sample measurement operation by the measuring device and the conveyance device, and displays a warning. Regarding claim 18, the prior art of record fails to disclose in combination with claim 15, wherein when the size of the sample detected by the size detector in a takeout target stage does not match a sample size set for the takeout target stage by the user via the operation part and matches a sample size set for a different stage from the takeout target stage by the user, the controller continues a sample measurement operation by the measuring device and the conveyance device based on the sample size set for the different stage. Regarding claim 19, the prior art of record fails to disclose in combination with claim 15, wherein when the size of the sample detected by the size detector in a takeout target stage is smaller than a minimum sample size among sample sizes included in sample information set by the user via the operation part, the controller skips the takeout target stage. Regarding claim 23, the prior art of record fails to disclose in combination with claim 14, wherein the size detector includes a pressing member that presses the sample stored in a takeout target stage against a reference end portion of the cassette in a depth direction.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Deppermann (US 20110195866 A1) discloses a system for analyzing a plurality of samples.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN A MITCHELL whose telephone number is (571)270-3117. The examiner can normally be reached M-F 9-5.
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/NATHAN A MITCHELL/Primary Examiner, Art Unit 3627
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