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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP2022-045592, filed on 03/22/2022.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 1, 7, and 8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. It is not clear which technical feature of the automatic analysis system receives the information on the patient and also which technical feature of the automatic analysis system is not performing the cleaning operation. Its is also not clear which technical feature determines a conveyance destination of the specimen.
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.
(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(s) 1-2, 5, and 7-9 are rejected under 35 U.S.C. 102(a)(1) based upon a public use or sale or other public availability of the invention.
The instant invention is anticipated by Frenzel et al. (US20200116745A1).
Regarding Claim 1, Frenzel et al. teaches an automatic analysis system (See the Abstract, in analytical laboratory 1, and the Claim(s) 1-13 in an [0007]-[0113] in Fig. 1-11) comprising:
an automatic analyzer configured to analyze a specimen of a patient (See how the analytical laboratory 1 for processing biological sample(s) can comprise a plurality of laboratory instruments 10, 10PRE, 10LD, 10AI, 10PA in [0098] in Fig. 7 and claim 9);
a conveyance device configured to convey the specimen to the automatic analyzer (See the sample transportation system, i.e. a conveyance device, in [0043], [0080] in Fig. 3 and claim 12); and
a control unit configured to control the automatic analyzer and the conveyance device (See the control unit 20 in [0098], [0102] in Fig. 7 and claim(s) 9,13),
wherein when information on the patient is received from a medical information system or the conveyance device (See in [0065]-[0066] in Fig. 1-6), if a time from the reception of the information on the patient to arrival of the specimen at the automatic analyzer is a predetermined time or longer (See the readiness command in [0072]-[0083] in Fig. 3), the control unit causes the automatic analyzer to transition from a standby state to a preparation state in which a mechanical system of the automatic analyzer operates (See in [0072]-[0078] and claim 7 in Fig. -11) and a cleaning operation is not performed (See the washing reagents in [0029]).
Regarding Claim 2, Frenzel et al. teaches the system limitations of claim 1.
Frenzel et al. further teaches an automatic analysis system (See the Abstract, in analytical laboratory 1, and the Claim(s) 1-13 in an [0007]-[0113] in Fig. 1-11), wherein when the information on the patient is received from the medical information system, the control unit causes the conveyance device to transition from a standby state to an operation state (See how the laboratory instruments or certain units thereof can switch into low power modes such as, for example, stand-by or hibernation modes, or even completely shut down when not in use in [0056]-[0064], [0082]).
Regarding Claim 5, Frenzel et al. teaches the system limitations of claim 1.
Frenzel et al. further teaches an automatic analysis system (See the Abstract, in analytical laboratory 1, and the Claim(s) 1-13 in an [0007]-[0113] in Fig. 1-11), wherein the conveyance device includes an information reading unit configured to read an identifier of the specimen (See in [0065]-[0066] in Fig. 1-6), and when the identifier read by the information reading unit includes an error (See the carrier identifier (Carrier-ID) of a carrier tag 42 attached to the sample carrier 40 in [0104] in Fig. 8; Also, see the identifier tag 32 by an identifier tag writer 60 in [0105] in Fig. 8-11),
the control unit stores the specimen and maintains the automatic analyzer in the standby state (See how in a step 110, a standby command can be transmitted to any analytical instrument of the analytical laboratory not identified as target laboratory instrument for any of the test order(s) of the complete order list. In response to the standby command, analytical instrument(s) can switch into a low power mode that comprises any operational mode of an instrument which can save a resource such as, for example, electricity or consumable(s), including but not limited to stand-by or hibernation modes or even complete shutdown in [0097]; Implicitly, in case the carrier tag 42 cannot be identified, the analytical instrument(s) can switch into a low power mode in [0104]).
Regarding Claim 7, Frenzel et al. teaches an automatic analysis system (See the Abstract, in analytical laboratory 1, and the Claim(s) 1-13 in an [0007]-[0113] in Fig. 1-11) comprising:
an automatic analyzer configured to analyze a specimen of a patient (See how the analytical laboratory 1 for processing biological sample(s) can comprise a plurality of laboratory instruments 10, 10PRE, 10LD, 10AI, 10PA in [0098] in Fig. 7 and claim 9);
a conveyance device configured to convey the specimen to the automatic analyzer (See the sample transportation system, i.e. a conveyance device, in [0043], [0080] in Fig. 3 and claim 12); and
a control unit configured to control the automatic analyzer and the conveyance device (See the control unit 20 in [0098], [0102] in Fig. 7 and claim(s) 9,13),
wherein the conveyance device has a plurality of input ports into which the specimen is input (See how the sample carriers can hold one or more sample containers in [0036],[0043] Fig. 1-6), and when information on the patient is received from a medical information system or the conveyance device (See in [0065]-[0066] in Fig. 1-6), the control unit causes the automatic analyzer to transition from a standby state to an operation state (See the readiness command in [0072]-[0083] in Fig. 3 and claim 7), and determines a conveyance destination of the specimen based on a content of a preprocess performed on the specimen and a position of the input port into which the specimen is input (See how the containers or cassettes containing individual reagents or group of reagents, placed in appropriate receptacles or positions within a storage compartment or conveyor in [0040]).
Regarding Claim 8, Frenzel et al. teaches an automatic analysis system (See the Abstract, in analytical laboratory 1, and the Claim(s) 1-13 in an [0007]-[0113] in Fig. 1-11) comprising:
an automatic analyzer configured to analyze a specimen of a patient (See how the analytical laboratory 1 for processing biological sample(s) can comprise a plurality of laboratory instruments 10, 10PRE, 10LD, 10AI, 10PA in [0098] in Fig. 7 and claim 9);
a conveyance device configured to convey the specimen to the automatic analyzer (See the sample transportation system, i.e. a conveyance device, in [0043], [0080] in Fig. 3 and claim 12); and
a control unit configured to control the automatic analyzer and the conveyance device (See the control unit 20 in [0098], [0102] in Fig. 7 and claim(s) 9,13),
wherein when information on the patient is received from a medical information system or the conveyance device (See in [0065]-[0066] in Fig. 1-6), the control unit causes the conveyance device to perform a preprocess on the specimen (See the readiness command in [0072]-[0083] in Fig. 3 and claim 7), and determines whether an additional maintenance process is executable by the automatic analyzer (See in [0058]-[0064]).
Regarding Claim 9, Frenzel et al. teaches the system limitations of claim 8.
Frenzel et al. further teaches an automatic analysis system (See the Abstract, in analytical laboratory 1, and the Claim(s) 1-13 in an [0007]-[0113] in Fig. 1-11), wherein the control unit causes the conveyance device to perform the preprocess on the specimen while causing the automatic analyzer to transition from a standby state to an operation state (See the readiness command in [0072]-[0083] in Fig. 1,3 and claim 7,9).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following prior art teaches similar devices and methods: Kleefstra et al. (US20150299639A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRITNEY N. WASHINGTON whose telephone number is (703)756-5959. The examiner can normally be reached Monday-Friday 9:00am - 5:30pm CT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lyle Alexander can be reached at (571) 272-1254. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRITNEY N. WASHINGTON/Examiner, Art Unit 1797
/JENNIFER WECKER/Primary Examiner, Art Unit 1797
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