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 .
Response to Arguments
Applicant's arguments filed 06/22/2026 have been fully considered but they are not persuasive.
Regarding Claim 1, Applicant argues that Kaeppeli does not disclose a sealing member and sealing region that seals adjacent ones of the drive modules against each other because although there is a sealing cord disclosed in Kaeppeli, it does not provide a seal because it rests against the pins and there must be a gap behind the pins. In response, Examiner would like to make reference to Figure 15 and Paragraphs 0076-0078 of Kaeppeli wherein it is shown and disclosed how the connecting structures 40 connect the driving surface module 4 with the corner supports 5 to connect adjacent transport device units 1, and further how a sealing cord 46 is provided to seal the surface of the transport device unit. The sealing cord 46 provides a proper seal as it can ensure spilled liquid does not enter the unit 1. Therefore, connecting structures 40, corner supports 5, surface module 4 and sealing cord 46 provide a sealing member and region as claimed.
Regarding Claims 2-19, Applicant provides no other arguments other than to state the rejections of the claims should be traversed under the arguments for Claim 1.
For the foregoing reasons, the claims stand rejected.
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 1-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kaeppeli (United States Patent Application Publication US 2018340952A1).
Regarding Claim 1, Kaeppeli teaches A controlled environment (1), comprising: a transport device (4), (Paragraph 0044: " A laboratory sample distribution system can be provided having a transport device and a plurality of sample container carriers. The sample container carriers can each comprise at least one magnetically active device such as, for example, at least one permanent magnet, and can be configured to carry a sample container containing a sample. The magnetic actuators of the transport device units of the transport device can be suitably driven for generating a magnetic field such that a driving force can be applied to each of the sample container carriers for transporting the sample container carriers on the surface pieced together of driving surface modules of the units. The distribution system, in addition, in one embodiment, can comprise additional conveyor devices for moving a sample container carrier along a defined path.")which has at least two drive modules (5) in an arrangement (5'), each said drive module (5) being configured for magnetic levitation (6) of at least one transport unit (7);(Figure 2: Actuators 3) a sealing member (10) which covers each said drive module (5) on a coupling side (9) thereof;(Figure 2: Driving surface module 4 and base plate modules 2) and a sealing region (12) that seals adjacent ones of the drive modules (5) against each other.(Figure 2: Connecting structures 40 and corner supports 5).
Regarding Claim 2, Kaeppeli teaches the controlled environment as claimed in claim 1, as seen above. Kaeppeli further teaches wherein the sealing region (12) has at least one sealing element (13).(Figure 2: Connecting structures 40 and corner supports 5)
Regarding Claim 3, Kaeppeli teaches the controlled environment as claimed in claim 1, as seen above. Kaeppeli further teaches wherein at least one of the sealing region (12) or the sealing member (10) is formed from or with an H2O2-resistant material (14').(Paragraph 0076: "In order to avoid liquid accidently spilled on the upper surface of the transport device from entering the transport device unit 1 , a sealing cord 46 can be provided. In the embodiment shown, the sealing cord 46 can extend along two sides of the driving surface element 41 , namely the sides provided with the overhang portion 44 . The sealing cord 46 can be mounted at the respective sides to the rim 42 . For this purpose, a groove for mounting of the sealing cord 46 can be provided. At the respective opposite sides, the rim 42 can have a sealing projection for contacting the sealing cord 46 .")
Regarding Claim 4, Kaeppeli teaches the controlled environment as claimed in claim 1, as seen above. Kaeppeli further teaches wherein the sealing region (12) is formed integrally on the sealing member (10).(Figure 2: Connecting structures 40 and corner supports 5)
Regarding Claim 5, Kaeppeli teaches the controlled environment as claimed in claim 1, as seen above. Kaeppeli further teaches wherein the sealing region (12) connects at least two of the sealing members (10) to one another.(Figure 2: Connecting structures 40 and corner supports 5)
Regarding Claim 6, Kaeppeli teaches the controlled environment as claimed in claim 5, as seen above. Kaeppeli further teaches wherein adjacent sealing members (10) are separated from each other.(Figure 2: Connecting structures 40 and corner supports 5)
Regarding Claim 7, Kaeppeli teaches the controlled environment as claimed in claim 1, as seen above. Kaeppeli further teaches wherein the sealing region (12) defines a sealing (17) of the controlled environment (1) to outside.(Paragraph 0076: "In order to avoid liquid accidently spilled on the upper surface of the transport device from entering the transport device unit 1 , a sealing cord 46 can be provided. In the embodiment shown, the sealing cord 46 can extend along two sides of the driving surface element 41 , namely the sides provided with the overhang portion 44 . The sealing cord 46 can be mounted at the respective sides to the rim 42 . For this purpose, a groove for mounting of the sealing cord 46 can be provided. At the respective opposite sides, the rim 42 can have a sealing projection for contacting the sealing cord 46 .")
Regarding Claim 8, Kaeppeli teaches the controlled environment as claimed in claim 1, as seen above. Kaeppeli further teaches wherein at least one drive module (5) of the arrangement (5') forms a tight connection (18) to a boundary wall (19) of the controlled environment (1).(Paragraph 0033: "The base plate modules can be mountable to a support frame such as, for example, on support bars of a support frame, in a defined pattern. In embodiments, each base plate module can comprise fixation elements configured to adjustably fix the base plate module in position to a support frame. After aligning the base plate modules with each other, at least some of the base plate modules can be fixed to a support frame in order to avoid any undesired relative movement between the base plate modules and the support frame and/or between individual base plate modules.")
Regarding Claim 9, Kaeppeli teaches the controlled environment as claimed in claim 1, as seen above. Kaeppeli further teaches wherein the sealing member (10) covers the coupling side (9) of the drive module (5) at least by up to 60%.(Figure 2: Driving surface module 4 and base plate modules 2)
Regarding Claim 10, Kaeppeli teaches the controlled environment as claimed in claim 1, as seen above. Kaeppeli further teaches wherein at least one of the sealing member (10) or the sealing region (12) is flat or linear, and the sealing region (12) is circumferentially closed along a border (26) of the sealing member (10).(Figure 2: Driving surface module 4 and base plate modules 2)
Regarding Claim 11, Kaeppeli teaches the controlled environment as claimed in claim 1, as seen above. Kaeppeli further teaches wherein the sealing region (12) circumferentially encloses the arrangement (5') of the drive modules (5) and seals against a boundary wall (19).(Paragraph 0033: "The base plate modules can be mountable to a support frame such as, for example, on support bars of a support frame, in a defined pattern. In embodiments, each base plate module can comprise fixation elements configured to adjustably fix the base plate module in position to a support frame. After aligning the base plate modules with each other, at least some of the base plate modules can be fixed to a support frame in order to avoid any undesired relative movement between the base plate modules and the support frame and/or between individual base plate modules.")
Regarding Claim 12, Kaeppeli teaches the controlled environment as claimed in claim 1, as seen above. Kaeppeli further teaches wherein the sealing region (12) contacts at least one of the sealing members (10).(Figure 2: Connecting structures 40 and corner supports 5)
Regarding Claim 13, Kaeppeli teaches the controlled environment as claimed in claim 1, as seen above. Kaeppeli further teaches wherein the sealing member (10) is connected at least one of nonreleasably or in an integrally bonded manner to the drive module (5).(Figure 2: Connecting structures 40 and corner supports 5)
Regarding Claim 14, Kaeppeli teaches the controlled environment as claimed in claim 1, as seen above. Kaeppeli further teaches wherein the sealing member (10) is guided around an edge (21) of the drive module (5) or around all of the edges (21) bordering the coupling side (9).(Figure 2: Connecting structures 40 and corner supports 5)
Regarding Claim 15, Kaeppeli teaches the controlled environment as claimed in claim 1, as seen above. Kaeppeli further teaches wherein two of the drive modules (5) are not further away from each other than a distance allowing the transport unit (7), which is operated thereon, to be at least one of levitated or moved seamlessly.(Figure 1: Shows transport units 1)
Regarding Claim 16, Kaeppeli teaches the controlled environment as claimed in claim 1, as seen above. Kaeppeli further teaches further comprising at least one process station (25) arranged therein the controlled environment (1), and at least one portion of the process station (25) is arranged higher than at least one of the drive modules (5).(Paragraph 0045: "A laboratory automation system with a plurality of pre-analytical, analytical and/or post-analytical stations and with a distribution system having a transport device and number of sample container carriers can also be provided.", wherein any of the plurality of stations could be higher than the drive modules)
Regarding Claim 17, Kaeppeli teaches the controlled environment as claimed in claim 1, as seen above. Kaeppeli further teaches further comprising clamping means for at least one of force-fitting or form-fitting connection of at least two adjacent ones of the drive modules (5) such that the sealing region (12) is compressed.(Figure 2: Connecting structures 40 and corner supports 5, and further paragraph 0084: "The connection pins 400 of each driving surface module 4 can be inserted into an associated opening 541 , 544 of a common corner support 5 . As schematically shown in FIG. 20, the sealing cord 46 can force the two driving surface modules 4 apart, and hence, the connection pins 400 can be forced against the edges of the openings 541 , 544 receiving the connection pins 400 as schematically shown by two arrows in FIG. 20. This can allow for a precise positioning of the adjacent driving surface modules 4 with respect to each other. Further, it can be avoided that acceptable tolerances between adjacent driving surface modules 4 can accumulate along the driving surface.")
Regarding Claim 18, Kaeppeli teaches the controlled environment as claimed in claim 1, as seen above. Kaeppeli further teaches wherein at least one sealing element (13) of the at least one sealing region (12) seals adjacent ones of the drive modules (5) against each other.(Figure 2: Connecting structures 40 and corner supports 5)
Regarding Claim 19, Kaeppeli teaches the controlled environment as claimed in claim 1, as seen above. Kaeppeli further teaches wherein all of the drive modules (5) of the transport device (4) that are adjacent in the sealing region (12) seal against each other.(Figure 1: Shows transport units 1)
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABBY ALLURA JORGENSEN whose telephone number is (571)270-7124. The examiner can normally be reached M-F 8-5:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gene Crawford can be reached at (571) 272-6911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABBY A JORGENSEN/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651
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