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, 2, 4 – 8, 10 – 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2011/0236962 A1) to Loebbert et al. (hereinafter “Loebbert”).
Regarding Claim 1, Loebbert teaches a probe holder (see housing 12 of sensor unit 10 which comprises different components such as the receiving sleeve 24, guide sleeve 18, see abstract and paragraphs [0044] – [0045]) for positioning and holding a probe (see sensor unit 14, Fig. 1, see paragraph [0044]) for engagement with a container (see arrangement of the sensor unit 10 connected to a fermenter 48 as described in the abstract and paragraph [0044], see also Figs. 1, 2), the probe having a longitudinal axis (see longitudinal axis at BA, Fig. 1) and being extendable in a longitudinal direction (see sensor device 14 which can be moved within the housing 12 including the receiving sleeve 24 and the guide sleeve 18 as described at paragraphs [0044] – [0045]) between a compressed position (see compressed position at Fig. 2c) and an extended position (see extended position at Fig. 2a), the holder (12, 24, 18) comprising a first translatable member and a second translatable member (see any of the components 12, 24, 18 which can be considered as the first and second translatable members as claimed), the first and second translatable members being translatable with respect to each other (see paragraph [0045] which states “In the movement of the sensor device 14 relative to the receiving sleeve 24 and to the housing 12 the guide sleeve 18 is accommodated in the radial direction between the receiving sleeve 24 and the housing 12. On the guide sleeve 18 in the lower end regions there are provided in particular spring-urged stop projections 42 (FIG. 2a), which can engage in corresponding stop recesses that can be provided on an inner circumferential wall of the housing 12”, see also movement of the guide sleeve 18 with respect to the receiving sleeve 24 and housing 12 at Figs 2a-2c, hence reading on the invention as claimed) and configured to support said probe in said extended position and engage said probe in said compressed position (see arrangement at Figs. 2a-2c and paragraphs [0045] – [0047] describing and illustrating the guide sleeve 18 which is movable along the BA axis with respect to the receiving sleeve 24 and the probe 10 with the sensor unit 14 arranged to move from an expanded initial position to a compressed measurement readiness position, hence reading on the invention as claimed).
Regarding Claim 2, Loebbert teaches wherein said first and second translatable members (12, 24, 18) are linearly translatable in the direction of said longitudinal axis (see guide sleeve 18 which moves with respect to the receiving sleeve 24 along the longitudinal axis of BA as shown in Figs. 1, 2).
Regarding Claim 4, Loebbert teaches further comprising an expandable and collapsible bellows (see bellows 20 arranged around the guide sleeve 18, see Figs. 1, 2, see paragraph [0044]) having a passageway configured to receive said probe (see paragraph [0044] which states “In order to seal the housing 12 a sealing element 20, for example in this case bellows 20, can be arranged around the guide sleeve, so as to seal the interior of the housing 12 against the surroundings. A sensor 22 is connected to the guide sleeve 18 and to the actuating element 16.”, hence reading on the invention as claimed).
Regarding Claim 5, Loebbert teaches wherein said first translatable member (12, 24) protects said expandable and collapsible bellows (20) when said expandable and collapsible bellows is in a collapsed state (see for instance arrangement at Fig. 2c in the collapsed state and the bellows 20 being protected or supported by the translatable member such as 12, hence reading on the invention as claimed).
Regarding Claim 6, Loebbert teaches further comprising an aseptic connector (see paragraph [0027] which states “a reaction vessel, such as a fermenter, in particular a disposable fermenter, with a reaction space and a calibrating unit, which is rigidly connected, in particular screwed, bonded or welded, thereto with at least one of the features mentioned above, wherein the reaction vessel and the calibratable sensor unit are sterilisable or sterilised together”, hence reading on the invention as claimed).
Regarding Claim 7, Loebbert teaches wherein the first translatable member slides (see for instance guide sleeve 18, Figs. 1, 2a-2c) in a slot or groove of the second translatable member (see arrangement at Figs. 2a-2c and paragraphs [0045] – [0047] describing and illustrating the guide sleeve 18 which is movable along the BA axis with respect to the receiving sleeve 24 which can be considered as a slot or groove as claimed, thus reading on the invention as claimed).
Regarding Claim 8, Loebbert teaches wherein said first and second translatable members (18, 12, 24) are supported on a base (see paragraph [0046] and arrangement at Fig. 1 illustrating the plate-like fastening element 44 which supports the sensor unit 10 comprising the first and second translatable members, hence reading on the invention as claimed).
Regarding Claim 10, Loebbert teaches a probe holder (see housing 12 of sensor unit 10 which comprises different components such as the receiving sleeve 24, guide sleeve 18, see abstract and paragraphs [0044] – [0045]) for positioning and holding a probe (see sensor unit 14, Fig. 1, see paragraph [0044]) for engagement with a container (see arrangement of the sensor unit 10 connected to a fermenter 48 as described in the abstract and paragraph [0044], see also Figs. 1, 2), the probe having a longitudinal axis (see longitudinal axis at BA, Fig. 1) and being extendable in a longitudinal direction (see sensor device 14 which can be moved within the housing 12 including the receiving sleeve 24 and the guide sleeve 18 as described at paragraphs [0044] – [0045]) between a compressed position (see compressed position at Fig. 2c) and an extended position (see extended position at Fig. 2a), the holder comprising a slotted base (see guide groove 45 formed in the housing 12, Fig. 1, see paragraph [0045]), a translatable member (see guide sleeve 18, Figs. 1, 2a-2c, see paragraph [0044] describing the guide sleeve 18 which can extend in the direction BA, hence being translatable) and a support member (see receiving sleeve 24, Figs. 1, 2a-2c), the translatable member (18) being translatable in said slotted base (45) with respect to said support member (see arrangement at Figs. 1, 2a-2c and paragraph [0045] stating “In the movement of the sensor device 14 relative to the receiving sleeve 24 and to the housing 12 the guide sleeve 18 is accommodated in the radial direction between the receiving sleeve 24 and the housing 12. On the guide sleeve 18 in the lower end regions there are provided in particular spring-urged stop projections 42 (FIG. 2a), which can engage in corresponding stop recesses that can be provided on an inner circumferential wall of the housing 12. In order to prevent a rotation of the guide sleeve 18 about the axis BA the sleeve engages via a projection denoted by the reference numeral 43 with a guide groove 45 formed in the housing 12”, hence reading on the invention as claimed).
Regarding Claim 11, Loebbert teaches wherein said translatable member comprises a movable block that is lockable in said base (see arrangement at Fig. 2b and paragraph [0048] which states “the stop projections 42 of the guide sleeve 18 engage in a locking manner with stop recesses 52 provided in the housing 12. The stop recesses can also be designed in the form of a type of annular groove as a single stop recess 52. The stop projections 42 are preferably designed in such a way that they engage with the stop recesses 52 so that a movement of the actuating element 16 and thus of the sensor 22 away from the fermenter 48 is impossible or can be executed only by exerting a strong force”, hence reading on the invention as claimed).
Regarding Claim 12, Loebbert teaches wherein said translatable member (18) is U-shaped (see guide sleeve 18at Figs. 2a-2c which appears to have an inverted U-shaped member as it supports the sensor 22, hence reading on the invention as claimed).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 9, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Loebbert.
Regarding Claim 9, Loebbert teaches opposite spaced elongated side walls (see for instance any of the compartments 26, 28, 30 which are arranged vertically, and/or the housing 12 with the actuating element 16 arranged oppositely and spaced with elongated side walls) defining with said base (44) a channel (see arrangement at Figs. 2a – 2c including an opening 56 provided in the housing 12 for allowing passage of the sensor 22 as described at paragraph [0050], hence reading on the invention as claimed).
Insofar as Loebbert may be construed as not explicitly stating “elongated side walls”, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to recognize either the compartments 26, 28, 30 and/or housing with the actuating element 16 as being an elongated sidewalls, since these structures are long in the longitudinal direction as seen in the figures, hence reading on the invention as claimed.
Regarding Claim 15, Loebbert teaches wherein said slotted base (see guide groove 45, Fig. 1) has two opposite spaced elongated side walls defining a channel between them (see arrangement at Fig. 1, see paragraph [0045] which states “In order to prevent a rotation of the guide sleeve 18 about the axis BA the sleeve engages via a projection denoted by the reference numeral 43 with a guide groove 45 formed in the housing 12”, thus having walls).
Insofar as Loebbert may be construed as not explicitly stating “elongated side walls”, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to recognize the guide groove 45 of Loebbert as being an elongated sidewalls, since the guide groove includes walls that form the groove and which allows the projection 43 to be guided with, hence reading on the invention as claimed.
Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Loebbert in view of U.S. Patent No. 5,365,673 to Haimer et al. (hereinafter “Haimer”).
Regarding Claim 3, Loebbert teaches the claimed invention except for wherein said first and second translatable members are pivotably translatable about a pivot axis orthogonal to said longitudinal axis. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a pivotable arrangement of the first and second translatable members, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stevens, 1010 USPQ 284 (CCPA 1954).
In addition, Haimer, in the field of multi-coordinate sensing gauges, teaches wherein said first and second translatable members are pivotably translatable about a pivot axis orthogonal to said longitudinal axis (see arrangement at Fig. 1, see Col. 4, lines 22 – 38 which states “The sensing arm 7 is supported in omnidirectionally pivotable manner inside the housing 3 by a first ball-and-socket joint 13. The ball-and-socket joint 13 comprises a ball segment 15 rigidly affixed to the sensing arm 7 and is supported in omnidirectionally pivoting manner about a pivot point 19 in an approximately blade-shaped ball socket 17 tapering toward the sensing tip 9” and further states, “The sensing arm 7 extends into the housing 3 where it forms a linkage arm 23 which by its end away from the ball-and-socket joint 13 is coupled by a second ball-and-socket joint 25 to a drive element 29 so as to be omnidirectionally pivotable about a pivot point 27”, hence reading on the invention as claimed).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use connections in pivotable manner of Haimer into Loebbert, in order to allow flexibility and usability of the probe since the probe with pivotable arrangement allows to sample from different regions.
Claim(s) 13, 14 are rejected under 35 U.S.C. 103 as being unpatentable over Loebbert in view of U.S. Patent No. 5,802,689 to Sano (hereinafter “Sano”).
Regarding Claim 13, Loebbert teaches the claimed invention except for a clamp assembly having a U-shaped recess and a locking bar that is positionable to traverse said U-shaped recess.
Sano, in the field of tube connecting apparatus, teaches a clamp assembly having a U-shaped recess (see second tube holder 14 having a U-shaped groove 14d, see Figs. 1, 2) and a locking bar (see cover 14C, Figs. 1, 2) that is positionable to traverse said U-shaped recess (see second tube holder 14 having a U-shaped groove 14d and a cover 14C that attached by a hinge 14a thus arranged traverse to the U-shaped recess 14d, see Col. 6, lines 11 – 25, hence reading on the invention as claimed).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the clamp assembly of Sano into Loebbert, in order to allow secured arrangement even if the probe is moved in different orientations as per user’s desire.
Regarding Claim 14, Loebbert in view of Sano as modified above teaches wherein said clamp assembly (see modification of claim 13 above) has a first free end (see 14b, Figs. 1, 2 of Sano) and a second free end (see 14b, Figs. 1, 2 of Sano) defining therebetween said U-shaped recess (see arrangement at Figs. 1, 2 and Col. 6, lines 11 – 25 of Sano), and wherein said locking bar (14C, Figs. 1, 2 of Sano) is pivotable on said first free end.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form accompanying this office action which includes the following relevant prior art:
Goode, Jr. et al. (U.S. 7,920,906 B2) teaches systems for processing sensor analyte and in particular to Figs. 9A- 9D illustrating an applicator and mounting unit.
Lewis et al. (U.S. 5,456,884) teaches a mechanism is provided for loading the cassette into an operative relationship with a machine for dispensing contents of the cassette for use by the machine. The loading mechanism includes a base adapted for being fixedly mounted on the machine. The loading mechanism also includes a holder for releasably holding the cassette. The holder has one end pivotally connected to the base for pivoting about an axis for moving the cassette between a first position at which the holder releasably receives the cassette and a second position at which the cassette is placed in an operative relationship with the machine.
Rogers et al. (U.S. 4,523,383) teaches A probe for sensing the position of a workpiece comprises a housing adapted to be secured to a coordinate measuring machine. A stylus projecting from the housing is engageable with the workpiece for sensing the position thereof. The stylus is secured to a moveable member supported within the housing by three bellows having mutually perpendicular axes and each secured to the moveable member and the housing in position therebetween. Further teaches the arm 21 is connected at one end thereof to the member 12 by a resilient pivot 22 having a pivot axis 23 parallel to the direction B. The opposite or free end of the arm is connected to the movable member 10 by a parallel pair of links 24 extending in the direction A and being spaced apart in the direction B.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARRIT EYASSU whose telephone number is (571)270-1403. The examiner can normally be reached M - F: 9:00AM - 6:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Laura E. Martin can be reached at (571) 272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARRIT EYASSU/Primary Examiner, Art Unit 2855
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