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 .
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because of its inclusion of legal phraseology “said” in line 4. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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.
Claims 1 and 3-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Itoh (United States Patent Application US2004031809A1).
Regarding Claim 1, Itoh teaches A tip alignment device comprising: a supply unit configured to supply loaded tips, (Paragraph 0003: "The present invention relates to a dispensing tip positioning and storing apparatus for positioning and storing a plurality of dispensing tips, which are used to dispense specimens such as blood, in a tip holding rack.")wherein the supply unit includes two plates, rails that are provided at leading ends of the respective plates and support the tips, (Paragraph 0029: "FIG. 4 is a perspective view of the dispensing tip inserting mechanism 18. As shown in FIG. 4, the tip inserting mechanism 18 includes a tip holding lane 18L having a given length. The tip holding lane 18L communicates with the tip conveying lane 17L and takes the same shape as that of the lane 17L. The tip holding lane 18L is made up of a pair of band-like lane members 51 and 52, and these lane members 51 and 52 can be opened to both sides as indicated by arrows M and N by a driving control mechanism 50. A tip holding rack 2 is set under the tip holding lane 18L in a position-adjustable manner as indicated by arrow S. A guide section 54, which is indicated by a double dot and dash line, is provided to perform communication between a slit 53 formed along the centerline of the tip holding lane 18L and one line of tip inserting holes P of the tip holding rack 2. It is preferable that the guide section 54 is slightly inclined like a slide. It is also preferable that the guide section 54 has separate inserting passages (e.g., gutters) to bring the dispensing tips 1 held by the tip holding lane 18L and the tip inserting holes P of the tip holding rack 2 into one-to-one correspondence with each other.")and a rotating body that is provided with grooves for storing the tips and supplies the tips to the rails,(Figure 2: Drum mechanisms 14 (and 15 not shown)) and the plates are driven to widen a width between the rails.(Figure 4: Driving control mechanism 50 moves members 51 and 52).
Regarding Claim 3, Itoh teaches the tip alignment device according to claim 1, as seen above. Itoh further discloses wherein the plates are fixed slidably parallel to respective surfaces thereof, and one or both of the two plates slide to widen the width between the rails.(Figure 4: Driving control mechanism 50 moves members 51 and 52 in directions N and M)
Regarding Claim 4, Itoh teaches the tip alignment device according to claim 1, as seen above. Itoh further discloses wherein a plurality of the rotating bodies are provided, and the rotating bodies are arranged in multiple stages.(Figure 2: Drum mechanisms 14 (and 15 not shown))
Regarding Claim 5, Itoh teaches the tip alignment device according to claim 4, as seen above. Itoh further discloses wherein the rotating bodies are coupled by a power transmission member and are rotated forward and backward in conjunction with the power transmission member.(Figure 2: Agitation bars rotated by motors M1 to M4)
Regarding Claim 6, Itoh teaches the tip alignment device according to claim 1, as seen above. Itoh further discloses wherein the rails are inclined and include a means allowing the tips discharged from the supply unit to slip in one direction.(Figure 3: Tip receiving member 41)
Regarding Claim 7, Itoh teaches the tip alignment device according to claim 1, as seen above. Itoh further discloses wherein the tips supplied from the supply unit are supported by an alignment unit, the alignment unit includes a plurality of pillars, and the tips are released and dropped by rotation of the pillars.(Figure 1: Tip conveyor 12, wherein a tip conveyor commonly has cleats on the belt in order to lift objects)
Regarding Claim 8, Itoh teaches the tip alignment device according to claim 7, as seen above. Itoh further discloses wherein the pillars are coupled by a power transmission member and are rotated in conjunction with the power transmission member.(Figure 1: The power transmission of the tip conveyor)
Regarding Claim 9, Itoh teaches the tip alignment device according to claim 7, as seen above. Itoh further discloses wherein the tips supported by the alignment unit are pushed in a fixed direction by an alignment member and are aligned to be in contact with each other.(Figure 1: Tip conveyor 12, wherein the tips are lifted and raised to the tip distributor 13)
Allowable Subject Matter
Claims 2, 10 and 11 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 a statement of reasons for the indication of allowable subject matter:
Regarding Claim 2, there is no prior art alone or in combination that teaches a tip alignment device comprising the combination of recited limitations in claims 1 and 2. The art alone or in combination does not disclose wherein the plates are rotatably fixed, and the plates are rotated to widen the width between the rails by relatively moving the rotating body and the plates and pressing the plates by the rotating body. The closest prior art of record Itoh (United States Patent Application US2004031809A1) discloses a similar tip alignment device comprising a supply unit for supplying loaded tips, plates, a rotating body for storing the tips, and wherein the plates can be driven to widen the width between rails. However, Itoh fails to disclose wherein the plates are rotatably fixed, and the plates are rotated to widen the width between the rails by relatively moving the rotating body and the plates and pressing the plates by the rotating body. Additionally, no other references, or reasonable combination thereof, could be found which disclose or suggest these features in combination with other limitations in the claims.
Regarding Claim 10, there is no prior art alone or in combination that teaches a tip alignment device comprising the combination of recited limitations in claims 1, 7, 9 and 10. The art alone or in combination does not disclose wherein a plurality of the tips which are adjacent are aligned in a grid pattern by inserting a plurality of rods arranged at fixed intervals into the tips or inserting the rods between the tips. The closest prior art of record Itoh (United States Patent Application US2004031809A1) discloses a similar tip alignment device comprising a supply unit for supplying loaded tips, plates, a rotating body for storing the tips, wherein the plates can be driven to widen the width between rails and wherein tips are supported by an alignment unit. However, Itoh fails to disclose wherein a plurality of the tips which are adjacent are aligned in a grid pattern by inserting a plurality of rods arranged at fixed intervals into the tips or inserting the rods between the tips. Additionally, no other references, or reasonable combination thereof, could be found which disclose or suggest these features in combination with other limitations in the claims.
Regarding Claim 11, there is no prior art alone or in combination that teaches a tip alignment device comprising the combination of recited limitations in claims 1, 7 and 11. The art alone or in combination does not disclose wherein the pillars have a cross-sectional shape in which a distance between the pillars is changed by rotation or have a rotation axis. The closest prior art of record Itoh (United States Patent Application US2004031809A1) discloses a similar tip alignment device comprising a supply unit for supplying loaded tips, plates, a rotating body for storing the tips, wherein the plates can be driven to widen the width between rails and wherein the tips are supported by an alignment unit. However, Itoh fails to disclose wherein the pillars have a cross-sectional shape in which a distance between the pillars is changed by rotation or have a rotation axis. Additionally, no other references, or reasonable combination thereof, could be found which disclose or suggest these features in combination with other limitations in the claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
United States Patent US 9,050,598 B2 (Tsukioka, Hiroyasu): Tsukioka teaches a similar object dispenser comprising a case for housing the objects in a horizontal direction, a pivot for swinging the case, slots for holding the objects and a guide to guide the objects as seen in Figure 3.
United States Patent US 6,182,719 B1 (Yahiro, Kanji): Yahiro teaches a similar tip distribution method comprising a tip rack feeder section, fitting stage, and an alignment section as seen in Figure 2.
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/ABBY A JORGENSEN/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651