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 § 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) 1, 2 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over CN 115945105 A to Zhang et al. (hereinafter “Zhang”) in view of AU 2020273806 A1 to Minamino Tomoya et al. (hereinafter “Minamino”).
Note: for translation purposes of Zhang, examiner is using the U.S. equivalent patent i.e., U.S. Patent No. 12,025,543 B1.
Regarding Claim 1, Zhang teaches a liquid processing apparatus (see abstract, see Fig. 1) comprising:
a container configured to store a liquid (see sample test tube A4 which holds blood sample for further analysis, see Col. 5, lines 48 – 55);
a chamber configured to accommodate at least a portion of the container (see arrangement at Fig. 1 illustrating a lower cover body A15 that accommodates a portion of the container A4, see Col. 8, lines 27 – 50, hence reading on the invention as claimed);
a sealing apparatus (see upper cover A11, Fig. 1) connected to the chamber (A15) and configured to seal the container (see Col. 7, lines 10 – 32 describing the arrangement of the upper cover A11 and which states “the upper cover A11 is capable of blocking the sample test tube A4, which prevents the blood sample in the sample test tube A4 from spilling out of the sample test tube A4 during vibration”, hence reading on the invention as claimed) ; and
a driving apparatus (see rotating motor A5) configured to provide a driving force to the chamber and the sealing apparatus, the driving force causing a reciprocal motion of the chamber and the sealing apparatus (see Col. 7, lines 18 – 49 which describes the connected arrangement of the chamber A15 and the seal A11 through the telescopic rod A13 and further states “By arranging the upper cover A11 and the lower cover A12, the upper cover A11 and the lower cover A12 clamp the sample test tube A4 along the length direction of the sample test tube A4, and at the same time, the upper cover A11 is fixed with the adapter A7, so that it is convenient for the rotating motor A5 to drive the upper cover A11, the lower cover A12 and the sample test tube A4 to rotate”, hence reading on the invention as claimed),
wherein the chamber (A15) and the sealing apparatus (A11) are configured to, by the reciprocal motion, reciprocate while staying in a unidirectional state in which a position of the chamber relative to a position of the sealing apparatus remains constant (see arrangement at Fig. 1, see Col. 7, lines 18 – 49 which describes the connected arrangement of the chamber A15 and the seal A11 through the telescopic rod A13, hence reading on the invention as claimed).
Even though Zhang teaches detection of the blood being carried out in a subsequent step as described at Col. 5, line 65 – Col. 6, line 5, Zhang is silent regarding the apparatus further comprising at least one sensor in the chamber; and wherein the at least one sensor is configured to sense an inner portion of the container.
Minamino, in the field of apparatus capable of measuring temperature inside a pressure vessel, teaches that it is known to use a sensor in the chamber (see thermocouple 50, Figs. 3 and 5), and wherein the at least one sensor (50) is configured to sense an inner portion of the container (see abstract describing the thermocouple 50 which detects/senses the temperature in the treatment space in the course of pressure treatment, see paragraphs [0042] – [0045], [0078] describing the thermocouple 50).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the sensor of Minamino into Zhang, in order to monitor the temperature within the vessel.
Regarding Claim 2, Zhang in view of Minamino as modified above teaches wherein the chamber and the sealing apparatus are configured to, in the unidirectional state, reciprocate together along a trajectory of a closed curve and without rotating with respect to each other (see Col. 7, lines 18 – 49 of Zhang which describes the connected arrangement of the chamber A15 and the seal A11 through the telescopic rod A13 and further states “By arranging the upper cover A11 and the lower cover A12, the upper cover A11 and the lower cover A12 clamp the sample test tube A4 along the length direction of the sample test tube A4, and at the same time, the upper cover A11 is fixed with the adapter A7, so that it is convenient for the rotating motor A5 to drive the upper cover A11, the lower cover A12 and the sample test tube A4 to rotate”, hence reading on the invention as claimed).
Regarding Claim 15, Zhang teaches a liquid processing system (see abstract, see Fig. 1) comprising:
a liquid processing apparatus configured to process a liquid (see abstract, see Fig. 1, describing blood sampling device);
an operating apparatus on an outer side of the liquid processing apparatus (see Col. 5, lines 48 – Col. 6 line 5 describing the system),
wherein the liquid processing apparatus (see abstract, see Fig. 1) comprises:
a container configured to store a liquid (see sample test tube A4 which holds blood sample for further analysis, see Col. 5, lines 48 – 55);
a chamber configured to accommodate at least a portion of the container (see arrangement at Fig. 1 illustrating a lower cover body A15 that accommodates a portion of the container A4, see Col. 8, lines 27 – 50, hence reading on the invention as claimed);
a sealing apparatus (see upper cover A11, Fig. 1) connected to the chamber (A15) and configured to seal the container (see Col. 7, lines 10 – 32 describing the arrangement of the upper cover A11 and which states “the upper cover A11 is capable of blocking the sample test tube A4, which prevents the blood sample in the sample test tube A4 from spilling out of the sample test tube A4 during vibration”, hence reading on the invention as claimed) ; and
a driving apparatus (see rotating motor A5) configured to provide a driving force to the chamber and the sealing apparatus, the driving force causing a reciprocal motion of the chamber and the sealing apparatus (see Col. 7, lines 18 – 49 which describes the connected arrangement of the chamber A15 and the seal A11 through the telescopic rod A13 and further states “By arranging the upper cover A11 and the lower cover A12, the upper cover A11 and the lower cover A12 clamp the sample test tube A4 along the length direction of the sample test tube A4, and at the same time, the upper cover A11 is fixed with the adapter A7, so that it is convenient for the rotating motor A5 to drive the upper cover A11, the lower cover A12 and the sample test tube A4 to rotate”, hence reading on the invention as claimed),
wherein the chamber (A15) and the sealing apparatus (A11) are configured to, by the reciprocal motion, reciprocate while staying in a unidirectional state in which a position of the chamber relative to a position of the sealing apparatus remains constant (see arrangement at Fig. 1, see Col. 7, lines 18 – 49 which describes the connected arrangement of the chamber A15 and the seal A11 through the telescopic rod A13, hence reading on the invention as claimed).
Even though Zhang teaches detection of the blood being carried out in a subsequent step as described at Col. 5, line 65 – Col. 6, line 5, Zhang is silent regarding the apparatus further comprising at least one sensor in the chamber; and wherein the at least one sensor is configured to sense an inner portion of the container.
Minamino, in the field of apparatus capable of measuring temperature inside a pressure vessel, teaches that it is known to use a sensor in the chamber (see thermocouple 50, Figs. 3 and 5), and wherein the at least one sensor (50) is configured to sense an inner portion of the container (see abstract describing the thermocouple 50 which detects/senses the temperature in the treatment space in the course of pressure treatment, see paragraphs [0042] – [0045], [0078] describing the thermocouple 50).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the sensor of Minamino into Zhang, in order to monitor the temperature within the vessel.
Allowable Subject Matter
Claims 3 and 16 (due to claim dependency, all dependent claims thereof are also objected i.e., 4 – 14, 17 – 20) 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. However, an updated search will again be made upon applicant’s response.
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:
Lee et al. (U.S. 2023/0039402 A1) teaches an aerosol generating device comprising multiple containers and utilizing a rotation detection sensor sensing rotation of a second container and a controller.
Collins, SR. et al. (U.S. 2019/0011338 A1) teaches instrument for analytical sample preparation. The instrument includes a thermally conductive pressure resistant heating chamber and a thermally conductive sample cup positioned in the thermally conductive pressure resistant heating chamber for heating liquids and solids together in the thermally conductive sample cup. A liquid delivery inlet fixture in the thermally conductive pressure resistant heating chamber delivers liquids (solvent) from a supply to the thermally conductive sample cup in the thermally conductive pressure resistant heating chamber, and a chiller in liquid communication with the thermally conductive sample cup in the thermally conductive pressure resistant heating chamber receives heated liquids from the thermally conductive pressure resistant heating chamber when the chamber is opened to atmospheric pressure.
Reed (U.S. 2008/0008623 A1) teaches an automatic sampling and dilution apparatus for use in a polymer analysis system. The apparatus comprises (a) a primary mixing chamber; (b) a primary pump capable of continuously withdrawing a variable viscosity liquid from a reactor; (c) a first dilution pump for continuously delivering a first dilution solvent into the primary mixing chamber at a selectable, fixed flow rate to mix with the variable viscosity liquid in the mixing chamber and thereby form a diluted polymer-containing liquid therein; and (d) a secondary pump for continuously conveying the diluted polymer-containing liquid into a flow-through detector.
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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