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
.
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 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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement(s)
(IDS) submitted on 10/18/2024 & 04/28/2025 is/are in compliance
with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the Examiner.
Claim Rejections - 35 USC § 102/103
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.
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) 1-3 and 6 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over newly* cited Chang et al (US 20060188409 A1; hereafter “Chang”).
*corresponds to Applicant cited WO 2006078714 A2
Regarding independent claim 1,
Chang teaches a sample container holding device (fig. 9, multi-well container positioning device 900, see especially multi-well container station 912 thereof) configured to hold a sample container (multi-well container; not shown in fig. 9, however, see visual examples of multi-well sample container in fig. 3 as 312 and in fig. 4A as 404) in a rectangular shape with a first side surface (denoting left direction in fig. 9A), a first corner, a second side surface (denoting up direction in fig. 9A), a second corner, a third side surface (denoting right direction in plane of fig. 9A), a third corner, a fourth side surface (denoting down direction in fig. 9A), and a fourth corner clockwise in this order in top view, the sample container holding device (fig. 9, multi-well container positioning device 900, see especially multi-well container station 912 thereof) ([0120] “The positioning devices of the invention generally include alignment members that are positioned to contact surfaces of multi-well containers (e.g., inner walls of alignment receiving areas, etc.) when the multi-well containers are positioned in the multi-well container stations such that the multi-well containers align with the material handling devices and/or other system components. Alignment receiving areas of multi-well containers are described in greater detail below. In addition, these positioning devices also typically include pushers that push the multi-well containers into contact with the alignment members when the multi-well containers are positioned in the multi-well container stations” and “multi-well container positioning device 900 includes alignment members 916 (shown as trimmed face locating pins) and alignment members 918 (shown as locating pins having curved surfaces), which align with inner surfaces of standard multi-well plates positioned in multi-well container stations 910 and 912, which include vacuum plates 911 and 913, respectively”) comprising:
a mount (fig. 9, vacuum plate 913) on which the sample container (multi-well container) is placed;
a first regulator (fig. 9, alignment member/s 918) configured to regulate, by contact with the first side surface (denoting left direction in fig. 9A), a position in a first horizontal direction (left-right in plane of fig. 9A) and a rotational position in the top view in the first side surface (denoting left direction in fig. 9A) ([0120] “When more than two alignment members are included substantially along the same line, such as alignment members 918 of multi-well container station 910, at least one of those members is typically slightly offset from the others in the line as only three points of contact will determine the position of a multi-well container (e.g., two alignment members 918 and one alignment member 916)”);
a second regulator (fig. 9, alignment member/s 916) configured to regulate, by contact with the second side surface (denoting up direction in fig. 9A), a position in a second horizontal direction (up-down direction in plane of fig. 9A) and the rotational position in the top view in the second side surface (denoting up direction in fig. 9A), the second horizontal direction (up-down direction in plane of fig. 9A) being orthogonal to the first horizontal direction (left-right in plane of fig. 9A);
a first press (fig. 9, pusher 920, denoting first) configured to press the first side surface (denoting left direction in fig. 9A) against the first regulator (fig. 9, alignment member/s 918) by pushing the third side surface (denoting right direction in plane of fig. 9A); and
a second press (fig. 9, pusher 920, denoting second) configured to press the second side surface (denoting up direction in fig. 9A) against the second regulator (fig. 9, alignment member/s 916) by pushing the fourth side surface (denoting down direction in fig. 9A).
Examiner acknowledges that Chang does not show the (multi-well) sample container in fig. 9.
However:
It is the Examiner’s position that the rectangular holding geometry of fig. 9, the references of fig. 9 as part of the automated system 300 in [0121], and the rectangular multi-well sample container 312 shown in at least fig. 3 reasonable enables an ordinary artisan to at once envisage/understand that the sample container of sample container holding device of fig. 9 reasonably is rectangular.
Furthermore, the Examiner takes Official Notice that multi-well sample containers are conventionally rectangular.
Additionally, legal precedent has condoned the use of particular examples of what may be considered common sense or ordinary routine practice including changes in shape, see MPEP § 2141(I) & 2144.04(IV)(B), and In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). In the present case it is the Examiner's position that only ordinary skill in the art is required to change the shape of a multi-well sample container to be so rectangular.
In view of the above, either one of ordinary skill in the art at the time the invention was effectively filed would at once envisaged that the multi-well sample container is so rectangular, or nevertheless, or in the alternative, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize a conventionally rectangular multi-sample well for commercial convenience and for being of a standard size compatible with other laboratory equipment.
Regarding claim 2, which depends on claim 1,
Chang teaches wherein each of the first and second presses (fig. 9, pushers 920) is configured with a linear motion device ([0120] “As also shown, multi-well container positioning device 900 further includes pneumatically-driven pushers 920 and 922 (e.g., air cylinders or the like), which effect container positioning relative to alignment members 916 and 918. Pushers 920 and 922 are mounted to support structure 902 via pusher mounts 924 and are operably connected to pressure sources (not shown). Pushers 920 include spring plungers 926 and plunger posts 928”).
Regarding claim 3, which depends on claim 1,
Chang teaches wherein
the first press (fig. 9, pusher 920, denoting first) is located between both ends (up-left end alignment member 918 and down-left end alignment member 918) of the first regulator (fig. 9, alignment members 918, Examiner notes this as along left hand side in the plane of fig. 9A) in the second horizontal direction (up-down direction in plane of fig. 9A), and
the second press (fig. 9, pusher 920, denoting second) is located between both ends (up-left end alignment member 916 and up-right end alignment member 916) of the second regulator (fig. 9, alignment member 916; Examiner notes this as along up side in plane of fig 9A) in the first horizontal direction (left-right in plane of fig. 9A).
Regarding claim 6, which depends on claim 1,
Change teaches a sample analysis device (fig. 3, system 300) comprising the sample container holding device (fig. 9, multi-well container positioning device 900, see especially multi-well container station 912 thereof) (Examiner notes exemplary shown multi-well container 312) according to claim 1 (see analysis of independent claim 1) ([0156] “the systems of the invention also include at least one detector or detection component that is structured to detect detectable signals produced, e.g., in wells of multi-well containers. Suitable signal detectors that are optionally utilized in these systems detect, e.g., fluorescence, phosphorescence, radioactivity, mass, concentration, pH, charge, absorbance, refractive index, luminescence, temperature, magnetism, or the like. Detectors optionally monitor one or a plurality of signals from upstream and/or downstream of the performance of, e.g., a given assay step. For example, the detector optionally monitors a plurality of optical signals, which correspond in position to "real time" results. Example detectors or sensors include photomultiplier tubes, CCD arrays, optical sensors, temperature sensors, pressure sensors, pH sensors, conductivity sensors, scanning detectors, or the like. Each of these as well as other types of sensors is optionally readily incorporated into the systems described herein”; [0157] “Detection components that are optionally included in the systems of the invention are described further in, e.g., Skoog et al., Principles of Instrumental Analysis, 5.sup.th Ed., Harcourt Brace College Publishers (1998) and Currell, Analytical Instrumentation: Performance Characteristics and Quality, John Wiley & Sons, Inc. (2000), which are both incorporated by reference”).
The Examiner notes with respect to the above teachings being shown in different figures, that while the reference does not expressly show all of the above claimed features clearly in a single depicted embodiment as a single figure, either one of ordinary skill in the art would at once envisaged the
combination from the generic teachings thereof and/or specific possible choices of the structural components
thereof, or, in the alternative, it at least would have been obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to nevertheless so combine the above features for the
purpose and combinations as proposed by said reference and as analyzed by the Examiner
including the citations and/or Examiner comments provided above in reference to the claimed features.
Pertinently, the Examiner further notes that "Combining two embodiments disclosed adjacent to each other in a prior art patent does not require a leap of inventiveness", see Boston Scientific Scimed, Inc. v. Cordis Corp., 554 F.3d 982, 991 (Fed. Cir. 2009). More particularly, it is Examiner’s position that it would have been obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to combine Chang’s system—including Chang’s detector for analysis—with Chang’s multi-well container positioning device thereby providing further automation including by translational mechanisms such that multi-well container positioning devices can be translocated along at least one translational axis, e.g., to facilitate access to multi-well containers positioned in the multi-well container positioning devices by a user, a robotic translocation device, and/or the like ([0121] “[0121] To further illustrate aspects of the invention, FIG. 9E schematically shows a perspective view of multi-well container positioning device 900 of FIG. 9A mounted on translational mechanism 941. When positioning devices are included in systems such as automated system 300 schematically shown in FIG. 3, translational mechanisms are optionally included such that multi-well container positioning devices can be translocated along at least one translational axis, e.g., to facilitate access to multi-well containers positioned in the multi-well container positioning devices by a user, a robotic translocation device, and/or the like”) as well as well known detection systems that are well-document, widely used, and therefore able to be routinely utilized for useful analysis by one of ordinary skill in the art.
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 is/are rejected under 35 U.S.C. 103 as being unpatentable over newly cited Chang in view of newly cited Chang et al (US 20060257999 A1; hereafter “Chang999”).
Regarding claim 4, which depends on claim 1,
Chang teaches wherein
the first regulator (fig. 9, alignment member/s 918) contacts the first side surface (denoting left direction in fig. 9A) along the second horizontal direction (up-down direction in plane of fig. 9A), and
the second regulator (fig. 9, alignment member/s 916) that contacts the second side surface (denoting up direction in fig. 9A) along the first horizontal direction (left-right in plane of fig. 9A).
Chang does not teach that the first regulator and the second regulator each comprise a (continuous) reference plane.
However:
It has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art, see MPEP § 2144.04(V)(B), Howard v. Detroit Stove Works, 150 U.S. 164 (1893), and In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965). In the present case, it is the Examiner’s position that only ordinary skill in the art is required to integrate discrete (alignment) members into a continuous (alignment) surface.
Additionally, legal precedent has condoned the use of particular examples of what may be considered common sense or ordinary routine practice including changes in shape, see MPEP § 2141(I) & 2144.04(IV)(B), and In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). In the present case it is likewise the Examiner’s position that providing an elongated shape for a continuous surface as oppose to discrete portion requires only ordinary skill in the art.
Furthermore and as supporting factual evidence of the aforementioned assertion(s) pertaining to a continuous reference plane for regulating contact, Chang999 teaches a regulator (surface opposing set screws 1304) that comprises a reference plane that contacts a side surface of a held object (fig. 13C, head 1302). The Examiner notes that such a regulating reference plane is essentially just a wall to oppose an actuator, press, etc., in order to hold an object therebetween.
In view of the above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make-integral/shape Chang’s alignment member(s) as a continuous reference surface—as factually supported by Chang999’s reference/regulating wall—for the expected purpose of being more robust and/or providing a greater surface by which to distribute force over the held container.
Claim(s) 5 and 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over newly cited Chang in view of Applicant cited Krivoy et al (US 20210016288 A1; hereafter “Krivoy”).
Regarding claim 7 and claim 8, where claim 7 depends on claim 6 and where claim 8 depends on claim 7,
Chang teaches the sample container holding device (fig. 9, multi-well container positioning device 900, see especially multi-well container station 912 thereof) that holds the sample container (multi-well container), and an analyzer (not shown; see analysis of claim 6, especially pertaining to detector of [0156]-[0157]) configured to analyze a sample contained in the sample container (multi-well container)
Chang does not teach comprising a mover configured to move the sample container holding device, and wherein the analyzer is configured to analyze a sample contained in the sample container by moving, by the mover, the sample container holding device.
Krivov teaches a mover (fig. 4, plate translation stage 403) configured to move a ( sample container holding device (fig. 4, plate carriage 404) that holds the sample container (multi-well plate), and an analyzer (analyzer comprising light detection system 110) configured to analyze a sample contained in the sample container (multi-well plate) by moving, by the mover (fig. 4, plate translation stage 403), the sample container holding device (fig. 4, plate carriage 404) that holds the sample container (multi-well plate).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Krivov’s cooperative mover & optical analyzer for a multi-well sample container with Chang’s system, thereby providing the expected benefit of automation of moving the sample container held through an analyzer detection system and thus further reducing manual labor and/or reducing human error while providing standardized analysis of the samples in a dependable manner.
Regarding claim 5, which depends on claim 1,
Chang teaches a mount (fig. 9, vacuum plate 913).
Chang does not teach wherein the mount is configured with a shelf that is located at each of four corners of an opening that is open downward.
Krivoy teaches in fig. 4 wherein a mount (mount of plate carriage 404) is configured with a shelf (shelf around opening 420) that is located at each of four corners of an opening (fig. 4, opening 420) that is open downward ([0045]). Krivoy also teaches a mover (fig. 4, plate translation stage 403) configured to move a sample container holding device (fig. 4, plate carriage 404) that holds the sample container (multi-well plate), and an analyzer (analyzer comprising light detection system 110) configured to analyze a sample contained in the sample container (multi-well plate) by moving, by the mover (fig. 4, plate translation stage 403), the sample container holding device (fig. 4, plate carriage 404) that holds the sample container (multi-well plate).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further combine or substitute Krivoy’s mount & associated mover with Chang’s system thereby providing support for the sample container while still having an opening for convenient access to allow re/positioning of the sample container which is advantageous for automation of moving the sample container held through an analyzer detection system and thus further reducing manual labor and/or reducing human error while providing standardized analysis of the samples in a dependable manner
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. Applicant is invited to review PTO form 892 accompanying this Office Action listing Prior Art relevant to the instant invention cited by the Examiner. The Examiner notes in particular:
US 20070105214 A1 see exemplary fig. 8 and pushers 812/818 to move a container against opposing protrusions 806/808;
US 20020037237 A1 see exemplary fig. 1 and pushers 50/45 and opposing protrusions 25/30;
US 20050118060 A1 see exemplary fig. 15 and pushers 1518/1512 and opposing protrusions 150/1508; and
US 20060002824 A1 see exemplary fig. 9 and pushers 912/918 and opposing protrusions 906/908.
Examiner interviews are available via telephone 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.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to DAVID L SINGER whose telephone number is 303-297-4317. The Examiner can normally be reached Monday - Friday 8:00 am - 6:00pm CT, EXCEPT alternating Friday.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, John Breene can be reached on 571-272-4107. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID L SINGER/Primary Examiner, Art Unit 2855 30SEP2026
