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 Amendment
The amendment filed August 25th, 2026 has been entered. Claims 1-3, 5-9 and 12 have been amended. Claim 4 has been canceled. Claims 13-14 have been added. Claims 1-3 and 5-14 remain pending.
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.
Claims 1-3 and 6-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tadashi et al. (JP 2004283728). English translations of Tadashi et al. (JP 2004283728) have been included herein.
Regarding claim 1, Tadashi et al. (JP 2004283728) teaches a magnet plate (Fig. 2 #20, Page 11 lines 8-Page 12 line 4) on which a well plate (Fig. 2 #22) having a plurality of wells (Fig. 2 #24) is placed and which separates a sample using a magnetic force (Page 14 lines 1-3),
the plurality of wells (Fig. 2 #24) includes first and second wells (Fig. 9 see first and second wells #24) arranged at an interval in a first direction (Fig. 2 see first and second wells #24 arranged at an interval in a first, lateral direction),
the magnet plate includes:
a magnet support plate (Fig. 2 #20), and
first and second magnets (Fig. 9 see first and second magnets #34) provided respectively at side portions of the first and second wells (Fig. 9 see first and second magnets #34 provided at side portions of first and second wells #24) to exert magnetic force within the first and second wells respectively (Page 18 lines 10-13), the first and second magnets being supported by the magnet support plate (Fig. 1 see first and second magnets #34 being supported by #20), the first magnet being arranged between the first well and the second well in the first direction (Fig. 9 see first magnet #34 arranged between first well #24 and second well #24 in the first, lateral direction), and
a plate-shaped shielding member (Fig. 12 #58, Page 20 lines 14-18) is provided between the first well and the second well (Figs. 9-10 see #58 provided between the first well #24 and the second well #24) and arranged to reduce the influence of magnetic force exerted by the first magnet on the second well (Page 20 line 14-Page 21 line 3), the plate-shaped shielding member being attached to the magnet support plate (Fig. 2 see #32 attached to #20), wherein the plate-shaped shielding member is a magnetic material (Page 20 lines 6-9).
Regarding claim 2, Tadashi et al. (JP 2004283728) teaches the magnet plate according to claim 1, wherein a plurality of magnets (Fig. 3 #34) corresponding to the plurality of wells are provided (Fig. 3 see #34 corresponding to #24), and
the plate-shaped shielding member (Fig. 10 #58) is arranged between one magnet provided at a side portion of one well to correspond to the one well and another well adjacent to the one well (Figs. 9-10 see #58 arranged between #34 provided at side portion of one well #24 and another well #24 adjacent the one well).
Regarding claim 3, Tadashi et al. (JP 2004283728) teaches the magnet plate according to claim 2, wherein
the plurality of wells (Fig. 2 #24) are arranged at intervals in the first direction (Fig. 2 see #24 arranged at intervals in a first, lateral direction), and
the one magnet (Fig. 2 #34) is arranged between the one well and the another well in the first direction (Fig. 9 #34 arranged between one well #24 and another well #24 in the first, lateral direction), and the plate-shaped shielding member (Figs. 9-10 #58) is arranged between the one magnet and the another well in the first direction (Figs. 9-10 see #58 arranged between #34 provided at side portion of one well #24 and another well #24 adjacent the one well in first, lateral direction).
Regarding claim 6, Tadashi et al. (JP 2004283728) teaches the magnet plate according to claim 3, wherein
the plurality of wells (Fig. 2 #24) are arranged in a matrix at intervals in the first direction (Fig. 2 #24 arranged at intervals in lateral direction) and a second direction orthogonal to the first direction (Fig. 2 #24 arranged at intervals direction parallel to extension of #32, orthogonal to lateral direction), and
a plurality of magnets (Fig. 2 #34) provided to correspond to the plurality of wells arranged in the second direction (Fig. 2 #34 correspond to #24 arranged in direction parallel to extension of #32) are supported by the magnet support plate extending in the second direction (Figs. 2, 10 #34 supported by #58, see direction of extension of #58).
Regarding claim 7, Tadashi et al. (JP 2004283728) teaches the magnet plate according to claim 6, wherein
the plate-shaped shielding member extends in the second direction (Figs. 2, 10 #58 extends along direction parallel to extension of #32), and the plate-shaped shielding member is arranged between a plurality of magnets arranged in the second direction and a plurality of other wells arranged in the second direction (Figs. 2, 10 see #58 extending between a plurality of magnets #34 extending parallel to extension of #32 and a plurality of other wells #24 in adjacent row).
Regarding claim 8, Tadashi et al. (JP 2004283728) teaches the magnet plate according to claim 7, wherein
the plate-shaped shielding member extending in the second direction (Figs. 2, 10 #58 extending in direction parallel to extension of #32) is supported by the magnet support plate extending in the second direction (Figs. 2, 10 see #58 supported by #32 along direction of extension of #32).
Regarding claim 9, Tadashi et al. (JP 2004283728) teaches a separation device (Page 11 lines 8-Page 12 line 4) comprising:
a well plate (Fig. 2 #22) having a plurality of wells (Fig. 2 #24); and
a magnet plate (Fig. 2 #20) that separates a sample utilizing a magnetic force (Page 14 lines 1-3), wherein
the plurality of wells (Fig. 2 #24) includes first and second wells (Fig. 9 see first and second wells #24) arranged at an interval in a first direction (Fig. 2 see first and second wells #24 arranged at an interval in a first, lateral direction),
the magnet plate includes:
a magnet support plate (Fig. 2 #20), and
first and second magnets (Fig. 2 #34) provided respectively at side portions of the first and second wells (Fig. 9 see first and second magnets #34 provided at side portions of first and second wells #24) to exert magnetic force within the first and second wells respectively (Page 18 lines 10-13), the first and second magnets being supported by the magnet support plate (Fig. 2 #34 supported by #20), the first magnet being arranged between the first well and the second well in the first direction (Fig. 9 see first magnet #34 arranged between first well #24 and second well #24 in the first, lateral direction), and
a plate-shaped shielding member (Fig. 10 #58) is provided between the first well and the second well (Figs. 9-10 see #58 provided between the first well #24 and the second well #24) and arranged to reduce the influence of magnetic force exerted by the first magnet on the second well (Page 20 line 14-Page 21 line 3), the plate-shaped shielding member being attached to the magnet support plate (Figs. 2, 10 #58 attached to #20), wherein
the plate-shaped shielding member is a magnetic material (Page 20 lines 6-9).
Regarding claim 10, Tadashi et al. (JP 2004283728) teaches an automatic dispenser (Page 8 lines 2-18) comprising the magnet plate (Fig. 2 #20) according to claim 1 (see claim 1 above).
Regarding claim 11, Tadashi et al. (JP 2004283728) teaches the magnet plate according to claim 1, wherein each of the plurality of wells (Fig. 2 #24) has a tapered side surface extending from an opening surface toward a bottom surface (Fig. 9 see tapered side surface of #24 extending from an opening surface toward a bottom surface), and the first and second magnets are provided on the side surfaces of the wells, respectively (Fig. 9 see first and second magnets #34 provided on side surfaces of the wells #24).
Regarding claim 12, Tadashi et al. (JP 2004283728) teaches the magnet plate according to claim 1, wherein the plate-shaped shielding member (Fig. 10 #58) is arranged such that the magnetic force generated by the first magnet acts on the first well but is prevented from acting on the second well (Page 20 line 14-Page 21 line 3).
Regarding claim 13, Tadashi et al. (JP 2004283728) teaches the magnet plate according to claim 1, wherein the plurality of magnets (Fig. 2 #34) are disposed within a plurality of magnet insertion holes in the magnet support plate, respectively (Fig. 2 see plurality of #34 disposed in plurality or #30 in #20).
Regarding claim 14, Tadashi et al. (JP 2004283728) teaches the separation device of claim 9, wherein the plurality of magnets are disposed within a plurality of magnet insertion holes in the magnet support plate, respectively (Fig. 2 see plurality of #34 disposed in plurality or #30 in #20).
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Tadashi et al. (JP 2004283728) in view of legal precedent.
Regarding claim 5, Tadashi et al. (JP 2004283728) lacks teaching the magnet plate according to claim 1, wherein the plate-shaped shielding member includes a stainless-steel member.
Tadashi et al. (JP 2004283728) states that the shielding member may be made of a ferromagnetic material having a higher magnetic permeability than the iron or the material that constitutes the magnet holder, and the shielding member may be made of permalloy (Page 20 lines 6-9). Tadashi et al. (JP 2004283728) additionally states that the material may have a large maximum magnetic permeability but a small saturation magnetic flux density (Page 22 lines 9-11).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Tadashi et al. (JP 2004283728) to include wherein the plate-shaped shielding member includes a stainless-steel member, in order to provide a shielding member made of a ferromagnetic material with a high magnetic permeability and a small saturation magnetic flux density as Tadashi et al. (JP 2004283728) explained that these properties are desirable for the shielding member.
Further, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Tadashi et al. (JP 2004283728) to include wherein the shielding member includes a stainless member, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Response to Arguments
Applicant's arguments filed February 27th, 2026 have been fully considered but they are not persuasive.
Applicant’s arguments filed August 25th, 2026 with respect to the rejection(s) of amended claim(s) 1-3 and 5-14 under 35 U.S.C. 102(a)(1), specifically the “plate-shaped shielding members”, have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the plate-shaped shielding members #58 as taught by Tadashi et al. (JP 2004283728).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Molly K Devine whose telephone number is (571)270-7205. The examiner can normally be reached Mon-Fri 7:00-4:00.
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/MOLLY K DEVINE/ Examiner, Art Unit 3653
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