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 § 102
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) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Katsumoto et al. (US 2014/0162348 A1) hereafter Katsumoto.
Regarding claim 1, Katsumoto at 0002,¶0071-0074, ¶0089-0094 and different embodiment such as fig. 1 (first embodiment), fig. 2 (second embodiment) discloses a measurement cell 1 for measuring electrical characteristics of a liquid [0002], the measurement cell comprising: a containing portion 2 configured to contain a liquid [biological sample S]; and a pair of electrode portions [ 3 (31/33, 32)] attached to the containing portion 2, wherein the pair of electrode portions each include an inner electrode 31/33 provided inside the containing portion and an outer electrode 32 provided outside the containing portion, the inner electrodes of the pair of electrode portions facing each other.
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Regarding claim 2, Katsumoto at ¶0076 discloses “In the electrical measuring container 1 according to the present application, a specific shape of the biological sample holding section 2 is not particularly limited, and a cylindrical body, a polygonal cylindrical body having a polygonal (triangular, rectangular, etc.) cross-section, a circular conical body, a polygonal conical body having a polygonal (triangular, rectangular, etc.) cross-section, or a combined shape of one or two or more cross-sections, may be freely designed according to the kind of biological sample S, a measuring method, a used measurement, or the like, as long as the biological sample S in the liquid phase can be held.“ therefore disclose the measurement cell according to claim 1, wherein the containing portion includes~ a tube-like portion whose one end opens [open for 3 as shown at fig. 4], and a protruding portion that is continuous with the other end of the tube-like portion and has an outer diameter decreasing toward a tip end, and the tube-like portion includes a boundary portion with the protruding portion, includes a bottom portion at a position on a side of the one end, and is capable of containing the liquid.
Regarding claim 3, Katsumoto discloses the measurement cell according to claim 1, wherein the electrode portion is a rod-shaped member penetrating the containing portion [portion of 3 penetrating 2 as shown. “ In the electrical measuring container 1 according to the present application, the number of electrode sections 31 may be freely designed according to a desired electrical measuring method or the like.” ¶0090-0091].
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Katsumoto et al (US 2017/0350838 A1), hereafter Pub. ‘838.
Regarding claim 1, Pub. ‘838 at fig. 1-2 discloses a measurement cell for measuring electrical characteristics of a liquid [0001], the measurement cell 1 comprising: a containing portion 11 configured to contain a liquid S; and a pair of electrode portions [12/13 on both side of 11, see fig. 2A]] attached to the containing portion, wherein the pair of electrode portions each include an inner electrode 12 provided inside the containing portion and an outer electrode 13 provided outside the containing portion, the inner electrodes of the pair of electrode portions facing each other [as shown].
Regarding claim 2, Pub. ‘838 at fig. 2A as shown below discloses the measurement cell according to claim 1, wherein the containing portion 11 includes a tube-like portion whose one end opens, and a protruding portion that is continuous with the other end of the tube-like portion and has an outer diameter decreasing toward a tip end, and the tube-like portion includes a boundary portion with the protruding portion, includes a bottom portion at a position on a side of the one end, and is capable of containing the liquid.
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Regarding claim 3, Pub. ‘838 discloses the measurement cell according to claim 1, wherein the electrode portion is a rod-shaped member penetrating the containing portion [12/13 penetrating 11].
Claim(s) 7-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Katsumoto et al. (US 2017/0350838 A1), hereafter Pub. ‘838.
Regarding claim 7, Pub. ‘838 at fig. 6 discloses a connection device 2/10, comprising: a housing recess [recess in 2] configured to house a measurement cell 1 including a tube-like portion [as shown]; a terminal portion [portion of 4 for 12/13] to be connected to a measurement device 3/4 for measuring electrical characteristics of a liquid S contained in the measurement cell; a pair of contact portions [pair of 12/13] configured to contact a pair of respective electrode portions provided in the measurement cell; and a connection portion [portion between 13 and 4] configured to electrically connect the terminal portion and the contact portion, wherein the contact portions are disposed at positions contacting the respective electrode portions when the measurement cell is housed to a predetermined housing depth in the housing recess[ as shown at fig. 10].
Regarding claim 8, Pub. ‘838 at fig. 6 discloses the connection device according to claim 7, comprising a casing portion 2 in which the housing recess is formed, wherein the casing portion includes a metal shield portion at least at positions at which the pair of contact portions are sandwiched from an opposing direction in which the pair of contact portions face each other [formed of material which keep the heat, see ¶0137-0138].
Claim Rejections - 35 USC § 103
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.
Claim(s) 4-5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Katsumoto or Pub. ‘838 as applied to claims 3 and 1 respectively above, and further in view of Yong et al. (US 2010/01788805 A1), hereafter Yong.
Regarding claim 4, Katsumoto or Pub. ‘838 as explain above discloses the measurement cell according to claim 3. They are silent about wherein the containing portion includes a tubular attachment portion that protrudes outward, the electrode portion being inserted through the tubular attachment portion. Young at least at fig. 6 discloses the containing portion 57 includes a tubular attachment portion [protection tube 42] that protrudes outward, the electrode portion 11/12 being inserted through the tubular attachment portion. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing ate to add the tubular attachment portion as taught by Yong to the containing portion of Katsumoto or Pub. ‘838, in order to obtain advantages that Yong have to offer i.e. when the shielded electric wire 10 is shaken, the protection tube 42 prevents the insulation inner coating 12 from directly contacting the inner peripheral surface of the connection tube 53 made of metal. Thereby the insulation inner coating 12 is prevented from being damaged (see ¶0050).
Regarding claim 5, modified Katsumoto or Pub. ‘838 discloses measurement cell according to claim 4, wherein the containing portion includes a reinforcing portion [portion of 2 behind 31 of fig. 1 of Katsumoto or portion of 11 behind 12 of Pub. ‘838] extending between a pair of the tubular attachment portions.
Regarding claim 6, modified Katsumoto or Pub. ‘838 as explain above discloses the measurement cell according to claim 1, wherein the containing portion is made of a translucent member [¶0075 of Katsumoto and ¶0073 of Pub. ‘838] and includes a reference line closer to an inlet side than the inner electrode [see level of sample is above the inner electrode (31 of Katsumoto or 12 of Pub. ‘838].
Allowable Subject Matter
Claim 9 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 a statement of reasons for the indication of allowable subject matter: No prior art has been found that meets the limitations of claim 9 calling for a connection device, comprising: wherein the casing portion includes an insulator portion in which the housing recess is formed, the shield portion is formed in a box shape and includes an opening portion in which the insulator portion is housed, a pair of opposing plate portions facing each other in the opposing direction, and a pair of connection plate portions connecting the pair of opposing plate portions to each other, and at an end edge on a side of the opening portion of each of the pair of connection plate portions, a cutout portion is formed at a position at which the contact portions are sandwiched.
Please note: Examiner has cited particular columns, line numbers, and figures in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teaching of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. Applicants are reminded that MPEP 2141.02 states: A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention. W.L. Gore & Associates, Inc. V. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984).
Conclusion
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/PARESH PATEL/Primary Examiner, Art Unit 2858
August 5, 2026
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