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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/08/2025 and 04/30/2026 was filed after the mailing date of the published application on 06/05/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “an entrance or exit opening is provided at one side of the operation area frame away from the refrigerated storage area, a central control system being electrically connected to the sample sorting mechanism and the sample rack loading mechanism, and the first guide rail comprises two linear guide rails being parallel to each other, namely a first linear guide rail and a second linear guide rail, the translation assembly comprises a second guide rail being in slidable cooperation with the first linear guide rail and the second linear guide rail, the sample rack grabbing manipulator is arranged on the third guide rail in a slidable manner; and wherein an included angle between any two of the first direction, the second direction and the third direction is greater than 0 degrees and smaller than or equal to 90 degrees, a first information recognizer provided on the first sample temporary storage rack; the second sample rack temporary storage area comprises a second sample temporary storage rack configured for temporarily storing the to-be-unloaded sample and a second information recognizer provided on the second sample temporary storage rack; and wherein the first information recognizer and the second information recognizer are both electrically connected to the central control system, wherein the automatic interaction assembly comprises an interactive drive motor, an interactive driving wheel being connected to an output shaft of the interactive drive motor, an interactive driven wheel, an interactive belt connecting the interactive driving wheel and the interactive driven wheel, an interactive installation plate being connected to the interactive belt, an interactive slider connected to the interactive installation plate, and an interactive guide rail being in sliding fit with the interactive slider, wherein a sample interaction placement shelf for placing the samples is provided at one end of the interactive installation plate close to the entrance or exit opening” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a first/second refrigeration mechanism” in claim 1.
“a sample sorting mechanism” in claim 1.
“a sample rack grabbing manipulator” in claim 2.
“a lifting drive structure” in claim 3.
“a first/second/third information recognizer” in claims 5 and 13.
“a rotating structure” in claim 10.
“a gripping finger driver” in claim 10.
“door opening and closing mechanism” in claim 11.
“a rotating member” in claim 12.
A review of the specification shows that the following appears to be the corresponding
structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitations: the sample sorting mechanism further includes a jacking assembly for pushing up a sample tube and a first mechanical gripper assembly for grabbing and transferring the sample tube, where the jacking assembly and the first mechanical gripper assembly are located in the operation area frame, as described in paragraph 0020 of the published application. lifting drive structure 2021-b may employ methods of a motor and rack-and-pinion transmission, a motor and chain transmission, or a lead screw motor and nut transmission, etc., any lifting drive structures 2021-b that can drive the installation base frame 2021-a to move up and down fall within the protection scope of the present application, as described in paragraph 0046 of the published application. The first information recognizer and the second information recognizer may perform recognition by recognizing a bar code, a two-dimensional code or a chip, etc., any manners that can recognizing the information of the sample in the sample tube fall within the protection scope of the present application, as described in paragraph 0051 of the published application. the automatic door opening and closing mechanism 204 includes a second lead screw motor 2041, a guide plate 2042, a driving slide rail 2043, a driven slide rail 2044, a sealing door body 2045 and a rotating member 2046, as described in paragraph 0062 of the published application.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-18 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, “a first/second refrigeration mechanism configured for refrigerating
samples”. The term “mechanism” invokes a claim interpretation governed under 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph), which requires a review of the specification to determine the appropriate structure, material or act to carry out the claimed limitation. However, the specification as originally filed, fails to describe a corresponding structure or technique by which a first/second refrigeration mechanism configured for refrigerating samples. A mere restatement of the function does not suffice as a statement of structure. Thus, it does not appear that applicant had possession of the claimed invention because the specification does not disclose a structure which is capable of refrigerating samples. When a description of the structure, material or act is not provided or is not sufficient to perform the entire claimed function, or no association between the structure and the claimed function can be found in the specification, the written description fails to clearly define the boundaries of the claim.
Regarding claim 2, “a sample rack grabbing manipulator for grabbing and transferring
the sample rack”. The term “manipulator” invokes a claim interpretation governed under 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph), which requires a review of the specification to determine the appropriate structure, material or act to carry out the claimed limitation. However, the specification as originally filed, fails to describe a corresponding structure or technique by which grabbing and transferring the sample rack. A mere restatement of the function does not suffice as a statement of structure. Thus, it does not appear that applicant had possession of the claimed invention because the specification does not disclose a structure which is capable of grabbing and transferring the sample rack. When a description of the structure, material or act is not provided or is not sufficient to perform the entire claimed function, or no association between the structure and the claimed function can be found in the specification, the written description fails to clearly define the boundaries of the claim.
Regarding claim 10, “a rotating structure for driving the gripper structure to rotate”. The
term “structure” invokes a claim interpretation governed under 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph), which requires a review of the specification to determine the appropriate structure, material or act to carry out the claimed limitation. However, the specification as originally filed, fails to describe a corresponding structure or technique by which driving the gripper structure to rotate. A mere restatement of the function does not suffice as a statement of structure. Thus, it does not appear that applicant had possession of the claimed invention because the specification does not disclose a structure which is capable of driving the gripper structure to rotate. When a description of the structure, material or act is not provided or is not sufficient to perform the entire claimed function, or no association between the structure and the claimed function can be found in the specification, the written description fails to clearly define the boundaries of the claim.
Regarding claim 10, “a gripping finger driver configured for driving the cam to rotate”.
The term “driver” invokes a claim interpretation governed under 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph), which requires a review of the specification to determine the appropriate structure, material or act to carry out the claimed limitation. However, the specification as originally filed, fails to describe a corresponding structure or technique by which driving the cam to rotate. A mere restatement of the function does not suffice as a statement of structure. Thus, it does not appear that applicant had possession of the claimed invention because the specification does not disclose a structure which is capable of driving the cam to rotate. When a description of the structure, material or act is not provided or is not sufficient to perform the entire claimed function, or no association between the structure and the claimed function can be found in the specification, the written description fails to clearly define the boundaries of the claim.
Regarding claim 12, “the automatic door opening and closing mechanism comprises a
second lead screw motor, a guide plate, a driving slide rail, a driven slide rail, a sealing door body and a rotating member”. The term “member” invokes a claim interpretation governed under 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph), which requires a review of the specification to determine the appropriate structure, material or act to carry out the claimed limitation. However, the specification as originally filed, fails to describe a corresponding structure or technique by which the rotating member is allowed to slide along the guide groove. A mere restatement of the function does not suffice as a statement of structure. Thus, it does not appear that applicant had possession of the claimed invention because the specification does not disclose a structure which is capable of rotating member is allowed to slide along the guide groove. When a description of the structure, material or act is not provided or is not sufficient to perform the entire claimed function, or no association between the structure and the claimed function can be found in the specification, the written description fails to clearly define the boundaries of the claim.
Claims 3-9, 11 and 13-18 are rejected based on dependency from a rejected claim.
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.
Claims 1-18 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.
Claim limitations “a first/second refrigeration mechanism, a sample rack grabbing manipulator, a rotating structure, a rotating member and a gripping finger driver” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function.
The specification fails discloses the corresponding structure that achieves the claimed function in sufficient detail that one of ordinary skill in the art can reasonably conclude that the inventor possessed the claim subject matter at the time of filing. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim 13 recites “an empty holder buffer rail configured for buffering an empty sample holder”. However, it is unclear what the metes and bounds of the claim are. It is unclear to the Examiner how does the buffer rail buffers the empty sample holder, as there is not sufficient description how this function is achieved. Clarity is advised.
Claims 3-9, 11 and 14-18 are rejected based on dependency from a rejected claim.
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
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.
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 non-obviousness.
Claims 1, 3-4, 8, 14 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Malin (US 20160084564 A1, hereinafter Malin) in view of Pedrazzini (US 20100303590 A1, hereinafter Pedrazzini).
Regarding claim 1, Malin teaches a sample refrigeration storage device (low-temperature storage device for storing laboratory objects at low temperatures, paragraph 0048), comprising: a refrigerated storage area (storage chamber 1), comprising a storage area frame (frame 14), a refrigerated placement shelf (carousel 12, paragraph 0010) and a first refrigeration mechanism configured for refrigerating samples (one or more heat pumps, paragraph 0011), wherein the refrigerated placement shelf is arranged in the storage area frame (as shown on figure 2); a refrigerated operation area (transfer chamber 2), comprising an operation area frame (frame in the outer periphery of transfer chamber 2, as shown on figure 2) being in communication with the storage area frame (as shown on figure 2), a sample sorting mechanism configured for sorting and transferring the samples (transport device 3 in a lock chamber 4 is used for automatically moving objects between storage chamber 1 and transfer chamber 2, paragraph 0048), a sample rack loading mechanism configured for transferring a sample rack (wherein said transport device is adapted to transport objects between said storage chamber and said transfer location by means of said manipulator, paragraph 0018), and a second refrigeration mechanism configured for refrigerating the samples (one or more heat pumps, paragraph 0011); wherein the operation area frame (frame in the outer periphery of transfer chamber 2, as shown on figure 2) and the storage area frame (frame 14) are in communication with each other to form a closed chamber (closed, figure 1).
Malin teaches the invention as described above but fail to teach an entrance or exit opening is provided at one side of the operation area frame away from the refrigerated storage area, and the sample sorting mechanism and the sample rack loading mechanism are configured to be in cooperation with each other to unload a to-be-unloaded sample from the refrigerated placement shelf through the entrance or exit opening, and to load a to-be-loaded sample onto the refrigerated placement shelf through the entrance or exit opening; a sample transport rail configured for transporting the samples, and the sample transport rail is provided on one side of the refrigerated operation area where the entrance or exit opening is located; and a central control system being electrically connected to the sample sorting mechanism and the sample rack loading mechanism.
However, Pedrazzini teaches an entrance or exit opening (access area 38, figure 2) is provided at one side of the operation area frame away from the refrigerated storage area (front side of interface 4 of the test tube conveyor away from refrigerated storage 1, as shown on figure 1), and the sample sorting mechanism (interface 4) and the sample rack loading mechanism (shelf handling mechanism 44) are configured to be in cooperation with each other to unload a to-be-unloaded sample from the refrigerated placement shelf through the entrance or exit opening (as described in paragraph 0064), and to load a to-be-loaded sample onto the refrigerated placement shelf through the entrance or exit opening (as described in paragraph 0064); a sample transport rail (bench 6) configured for transporting the samples (as described in paragraph 0037), and the sample transport rail is provided on one side of the refrigerated operation area where the entrance or exit opening is located (bench 6 is provided in front of the refrigerated storage 1 where access area 38 is located, as shown on figure 1); and a central control system (control unit 9) being electrically connected to the sample sorting mechanism and the sample rack loading mechanism (control unit (9) adapted to coordinate said devices (3, 7) during the loading/unloading operations, abstract).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the device in the teachings of Malin to include an entrance or exit opening is provided at one side of the operation area frame away from the refrigerated storage area, and the sample sorting mechanism and the sample rack loading mechanism are configured to be in cooperation with each other to unload a to-be-unloaded sample from the refrigerated placement shelf through the entrance or exit opening, and to load a to-be-loaded sample onto the refrigerated placement shelf through the entrance or exit opening; a sample transport rail configured for transporting the samples, and the sample transport rail is provided on one side of the refrigerated operation area where the entrance or exit opening is located; and a central control system being electrically connected to the sample sorting mechanism and the sample rack loading mechanism in view of the teachings of Pedrazzini in order to yield the predictable result of allowing the automatic retrieval of said test tube from the storage from any point therein and at any time.
Further, it is understood, claim 1 includes an intended use recitation, for example “…configured for...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Regarding claim 3, the combined teachings teach wherein the sample sorting mechanism (transport device 3 of Malin) comprises a lifting and carrying assembly (pivoting motor 40, paragraph 0065 of Malin), and the lifting and carrying assembly comprises an installation base frame (carriage 38, figure 8 of Malin) and a lifting drive structure (vertical drive motor 43 of Malin) for driving the installation base frame to move up and down (paragraph 0065 of Malin).
Regarding claim 4, the combined teachings teach wherein the sample sorting mechanism (device 3 of Pedrazzini) further comprises a sample storage assembly (lanes 11 of Pedrazzini), wherein the sample storage assembly (lanes 11 of Pedrazzini) comprises a support plate (bench 6, figure 3 of Pedrazzini), a first sample rack temporary storage area (guide 10, paragraph 0041 of Pedrazzini) and a second sample rack temporary storage area (guides 10, paragraph 0041) both provided on the support plate (as shown on figure 3 of Pedrazzini).
Regarding claim 8, the combined teachings teach wherein the sample sorting mechanism (transport device 3 of Malin) further comprises a jacking assembly (carrier 39 of Malin) configured for pushing up a sample tube (about a vertical pivot axis 41, paragraph 0065 of Malin) and a first mechanical gripper assembly (manipulator 45 of Malin) configured for grabbing and transferring the sample tube (paragraph 0066 of Malin), wherein the jacking assembly (carrier 39 of Malin) and the first mechanical gripper assembly (manipulator 45 of Malin) are located in the operation area frame (as shown on figures 2 and 7-8 of Malin).
Further, it is understood, claim 8 includes an intended use recitation, for example “…configured for...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Regarding claims 14 and 16-17, the combined teachings teach sample workflow analysis system (figure 1 of Malin), comprising the sample refrigeration storage device (low-temperature storage device for storing laboratory objects at low temperatures, paragraph 0048 of Malin) according to claims l and 3-4.
Claims 5 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Malin as modified by Pedrazzini, as applied to claim 1 above, and in further view of Baggio et al (US 20230258676 A1, hereinafter Baggio).
Regarding claim 5, the combined teachings teach the invention as described above but fail to teach wherein the first sample rack temporary storage area comprises a first sample temporary storage rack configured for temporarily storing the to-be-loaded sample and a first information recognizer provided on the first sample temporary storage rack; the second sample rack temporary storage area comprises a second sample temporary storage rack configured for temporarily storing the to-be-unloaded sample and a second information recognizer provided on the second sample temporary storage rack; and wherein the first information recognizer and the second information recognizer are both electrically connected to the central control system.
However, Baggio teaches wherein the first sample rack temporary storage area (rack 210) comprises a first sample temporary storage rack (lane 230) configured for temporarily storing the to-be-loaded sample (insertion or retrieval movement, paragraph 0203) and a first information recognizer provided on the first sample temporary storage rack (barcode on a sample receptacle 215, paragraph 0203); the second sample rack temporary storage area (rack 210) comprises a second sample temporary storage rack (lane 230) configured for temporarily storing the to-be-unloaded sample (insertion or retrieval movement, paragraph 0203) and a second information recognizer provided on the second sample temporary storage rack (barcode on a sample receptacle 215, paragraph 0203); and wherein the first information recognizer and the second information recognizer are both electrically connected to the central control system (control unit, as further described in paragraph 0040).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the device in the teachings of Malin to include wherein the first sample rack temporary storage area comprises a first sample temporary storage rack configured for temporarily storing the to-be-loaded sample and a first information recognizer provided on the first sample temporary storage rack; the second sample rack temporary storage area comprises a second sample temporary storage rack configured for temporarily storing the to-be-unloaded sample and a second information recognizer provided on the second sample temporary storage rack; and wherein the first information recognizer and the second information recognizer are both electrically connected to the central control system in view of the teachings of Baggio in order to yield the predictable result of resuming the movement of the sample rack and detecting features of the sample rack during the movement, positioning, detecting.
Further, it is understood, claim 5 includes an intended use recitation, for example “…configured for...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Regarding claim 18, the combined teachings teach a sample workflow analysis system (automated analytical system, paragraph 0027 of Baggio), comprising the sample refrigeration storage device (a system for cooling reagents for conducting biological assays, paragraph 0013 of Baggio) according to claim 5.
Claims 6-7 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Malin as modified by Pedrazzini, as applied to claim 1 above, and in further view of Zeng et al (CN 212658526 U, hereinafter Zeng).
Regarding claim 6, the combined teachings teach the invention as described above but fail to teach wherein the sample sorting mechanism further comprises an automatic interaction assembly configured for transporting the to-be-loaded sample into and the to-be-unloaded sample out of the refrigerated storage area.
However, Zeng teaches wherein the sample sorting mechanism (sample carrier 12) further comprises an automatic interaction assembly (sample transfer device 13) configured for transporting the to-be-loaded sample into and the to-be-unloaded sample out of the refrigerated storage area (manually putting the collected sample into the sample loading frame of the sample refrigerating module for refrigerating, when it is necessary to transfer the sample from the sample refrigerating module to the sample processing module, paragraph 0006).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the device in the combined teachings to include wherein the sample sorting mechanism further comprises an automatic interaction assembly configured for transporting the to-be-loaded sample into and the to-be-unloaded sample out of the refrigerated storage area in view of the teachings of Zeng in order to yield the predictable result of providing a full automatic sample cold storage transfer processing device integrated with sample refrigeration, sample transfer and sample processing function.
Further, it is understood, claim 6 includes an intended use recitation, for example “…configured for...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Regarding claim 7, the combined teachings teach wherein the automatic interaction assembly (sample transfer device 13 of Zeng) comprises an interactive drive motor (drive mechanism 131), an interactive driving wheel being connected to an output shaft of the interactive drive motor (the transmission mechanism is installed on the driving mechanism 131, the transmission mechanism comprises a driving wheel, paragraph 0005 of Zeng), an interactive driven wheel (driven wheel 132, paragraph 0005 of Zeng), an interactive belt connecting the interactive driving wheel and the interactive driven wheel (the transmission mechanism is two and symmetrically set on the annular synchronous belt 133 two sides, paragraph 0005 of Zeng), an interactive installation plate (right side conveying tray 135) being connected to the interactive belt (as shown on figure 4), an interactive slider (conveying guide rail 134) connected to the interactive installation plate (as shown on figure 4), and an interactive guide rail (left side conveying tray 135) being in sliding fit with the interactive slider (as shown on figure 4), wherein a sample interaction placement shelf (test tube cup 136) for placing the samples (sample test tubes 3) is provided at one end of the interactive installation plate (right side conveying tray 135) close to the entrance or exit opening (as shown on figure 3).
Regarding claim 11, the combined teachings teach wherein the refrigerated operation area (the collected sample into sample refrigerating module 1 in the sample carrying frame 12 for refrigerating, paragraph 0006 of Zeng) further comprises an automatic door opening and closing mechanism (automatic cabin door 14 of Zeng) arranged at the entrance or exit opening of the operation area frame (as shown on figure 3 of Zeng).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Malin as modified by Pedrazzini, as applied to claim 1 above, and in further view of Tanada (WO 2022044382 A1, hereinafter Tanada).
Regarding claim 9, the combined teachings teach the invention as described above but fail to teach wherein the sample sorting mechanism further comprises a second mechanical gripper assembly being arranged at an outer side of the operation area frame, and the second mechanical gripper assembly is located above the sample transport rail.
However, Tanada teaches wherein the sample sorting mechanism (sample rack transfer device 200A) further comprises a second mechanical gripper assembly (friction members 20a and 20b) being arranged at an outer side of the operation area frame (outer portion of sample rack loading unit 1, as shown on figure 1), and the second mechanical gripper assembly (friction members 20a and 20b) is located above the sample transport rail (above guide rail 8, as shown on figures 15-16).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the device in the combined teachings to include wherein the sample sorting mechanism further comprises a second mechanical gripper assembly being arranged at an outer side of the operation area frame, and the second mechanical gripper assembly is located above the sample transport rail in view of the teachings of Tanada in order to yield the predictable result of suppressing the vibration of the sample rack with respect to the transport arm in the transport direction.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Malin as modified by Pedrazzini and Tanada, as applied to claim 9 above, and in further view of Tokieda et al (US 20090162247 A1, hereinafter Tokieda).
Regarding claim 10, the combined teachings teach the invention as described above but fail to teach wherein the second mechanical gripper assembly comprises a gripper structure, a lifting structure for driving the gripper structure to move up and down, and a rotating structure for driving the gripper structure to rotate, wherein the gripper structure comprises gripping fingers configured to open and close, a cam configured for driving the gripping fingers to open and close, and a gripping finger driver configured for driving the cam to rotate.
However, Tokieda teaches wherein the second mechanical gripper assembly (rack transfer mechanism 330) comprises a gripper structure (gripping plates 346), a lifting structure (341) for driving the gripper structure to move up and down (paragraph 0080), and a rotating structure for driving the gripper structure to rotate (rotation of the gripper via pulley 343, paragraph 0080), wherein the gripper structure (gripping plates 346) comprises gripping fingers configured to open and close (gripper 340 has a function that opens/closes, paragraph 0076), a cam (bearings 348) configured for driving the gripping fingers to open and close (the gripper 340 is in an open condition, that is, with the two gripping plates 346 pushed open by the two bearings 348 fitted in the pulley 343, and with the cam followers 345 and the cam 349 not in contact with each other, paragraph 0078 and 0080), and a gripping finger driver (pulley 343) configured for driving the cam to rotate (as further described in paragraph 0077).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the device in the combined teachings to include wherein the second mechanical gripper assembly comprises a gripper structure, a lifting structure for driving the gripper structure to move up and down, and a rotating structure for driving the gripper structure to rotate, wherein the gripper structure comprises gripping fingers configured to open and close, a cam configured for driving the gripping fingers to open and close, and a gripping finger driver configured for driving the cam to rotate in view of the teachings of Tokieda in order to yield the predictable result of improving total system processing efficiency, and reduce a sample-processing time, by establishing a functionally independent relationship between a rack conveyance block with rack supply, conveyance, and recovery functions.
Further, it is understood, claim 10 includes an intended use recitation, for example “…configured for...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Malin as modified by Pedrazzini, as applied to claim 1 above, and in further view of Smith et al (US 20210356482 A1, hereinafter Smith).
Regarding claim 13, the combined teachings teach the invention as described above but fail to teach wherein the sample transport rail comprises a sample feeding rail configured for receiving and transporting a sample holder with sample tube, an empty holder buffer rail configured for buffering an empty sample holder, a third information recognizer configured for recognizing sample information, and a sample discarding assembly configured for collecting discarded samples; and wherein the sample tube is provided with a sample label for displaying the sample information, and the sample holder is provided with a sample holder label for displaying sample holder information; the third information recognizer is configured to read and bind the sample label and the sample holder label, and the third information recognizer is electrically connected to the central control system.
However, Smith teaches wherein the sample transport rail (platform 1012) comprises a sample feeding rail (holes 1027) configured for receiving and transporting a sample holder with sample tube (as described in paragraph 0176), an empty holder buffer rail (troughs 1018) configured for buffering an empty sample holder (as described in paragraph 0106), a third information recognizer (identifier controller 1013) configured for recognizing sample information (as described in paragraph 0106), and a sample discarding assembly (removable waste container 1008) configured for collecting discarded samples (as described in paragraph 0110 and the abstract); and wherein the sample tube (tubes, as described in paragraph 0106) is provided with a sample label for displaying the sample information (barcode reader 1013 configured to read assay consumable identifiers, e.g., tubes placed in a reagent rack, as described in paragraph 0106), and the sample holder (tube holder, as described in paragraph 0106) is provided with a sample holder label for displaying sample holder information (barcode reader 1013 configured to read assay consumable identifiers, e.g., tube holder, as described in paragraph 0106); the third information recognizer (barcode reader 1013) is configured to read and bind the sample label and the sample holder label (identifier controller 1013 is shown, e.g., one that scans the entire bottom surface of the consumable, such as multi-well plates or racks holding vials, tubes containing reagents and such, wherein each vial and tube has its own identifier such as a barcode, 0177), and the third information recognizer (barcode reader 1013) is electrically connected to the central control system (an identifier controller that interacts with the identifier, paragraph 0099).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the device in the combined teachings to include wherein the sample transport rail comprises a sample feeding rail configured for receiving and transporting a sample holder with sample tube, an empty holder buffer rail configured for buffering an empty sample holder, a third information recognizer configured for recognizing sample information, and a sample discarding assembly configured for collecting discarded samples; and wherein the sample tube is provided with a sample label for displaying the sample information, and the sample holder is provided with a sample holder label for displaying sample holder information; the third information recognizer is configured to read and bind the sample label and the sample holder label, and the third information recognizer is electrically connected to the central control system in view of the teachings of Smith in order to yield the predictable result of organizing, transporting and reading of consumables necessary for the performance of the assay system.
Further, it is understood, claim 13 includes an intended use recitation, for example “…configured for...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Allowable Subject Matter
Claims 2, 12 and 15 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.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 2, the subject matter which is considered to distinguish from the closest prior art of record, Malin (US 20160084564 A1). The prior art of record when considered as a whole, alone, or in combination, neither anticipates nor renders obvious “wherein the fixing assembly comprises a first guide rail provided along a first direction, and the first guide rail comprises two linear guide rails being parallel to each other, namely a first linear guide rail and a second linear guide rail; the translation assembly comprises a second guide rail being in slidable cooperation with the first linear guide rail and the second linear guide rail, the second guide rail is provided along a second direction, and the translation assembly is connected to the sample rack pick-and-place assembly, the translation assembly is configured to drive the sample rack pick-and-place assembly to slide along the second guide rail; and the sample rack pick-and-place assembly comprises a third guide rail provided along a third direction and a sample rack grabbing manipulator for grabbing and transferring the sample rack, and the sample rack grabbing manipulator is arranged on the third guide rail in a slidable manner; and wherein an included angle between any two of the first direction, the second direction and the third direction is greater than 0 degrees and smaller than or equal to 90 degrees”. The closest prior art, Malin teaches the device further comprises, at said transfer location, a plurality of transfer storage locations, with each transfer storage location adapted to receive one of said objects. In this case, the carriage of the transport device can be pivotal about and/or displaceable along said second axis to be aligned with each of said transfer storage locations.
Regarding claim 12, the subject matter which is considered to distinguish from the closest prior art of record, Malin (US 20160084564 A1). The prior art of record when considered as a whole, alone, or in combination, neither anticipates nor renders obvious “wherein the automatic door opening and closing mechanism comprises a second lead screw motor, a guide plate, a driving slide rail, a driven slide rail, a sealing door body and a rotating member; and wherein the second lead screw motor is electrically connected to the central control system, the driven slide rail is provided on a nut of the second lead screw motor, and the driven slide rail is slidably connected to the driving slide rail via a driving slider, a length direction of the driving slide rail and a length direction of a lead screw of the lead screw motor are provided along a fourth direction; a driven slider is slidably provided on the driven slide rail, and the sealing door body is arranged at one side of the driven slider, a length direction of the driven slide rail is provided along a fifth direction, and an included angle between the fourth direction and the fifth direction is greater than 0 degrees and smaller than or equal to 90 degrees; and the guide plate is provided with a guide groove corresponding to an opening and closing trajectory of the sealing door body, and the rotating member is arranged at one side of the driven slider away from the sealing door body, and the rotating member is allowed to slide along the guide groove”. The closest prior art, Malin teaches the device further comprises, at said transfer location, a plurality of transfer storage locations, with each transfer storage location adapted to receive one of said objects. In this case, the carriage of the transport device can be pivotal about and/or displaceable along said second axis to be aligned with each of said transfer storage locations.
Conclusion
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/DARIO ANTONIO DELEON/Examiner, Art Unit 3763
/JERRY-DARYL FLETCHER/Supervisory Patent Examiner, Art Unit 3763
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