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 February 27th, 2027 has been entered. Claims 1, 3, 6 and 9 have been amended. Claims 11-12 have been added. Claims 1-12 remain pending.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on February 27th, 2026 has been entered.
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 1-4 and 6-12 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 (Fig. 2 #20) includes 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 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 shielding member (Fig. 12 #54, 58) is provided between the first well and the second well (Figs. 8-9 see #54 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 18 line 13-Page 19 line 5, Page 20 line 18-Page 21 line 3), wherein the shielding member is a magnetic material (Page 18 lines 7-9, 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 shielding member (Fig. 8 #54) 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 (Fig. 9 see #54 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 shielding member (Fig. 12 #54, 58) is arranged between the one magnet and the another well in the first direction (Fig. 9 see #54 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 4, Tadashi et al. (JP 2004283728) teaches the magnet plate according to claim 1, wherein
the shielding member (Fig. 12 #54, 58) is attached to a support member (Fig. 12 #54, 58 attached to #32) supporting the magnet (Fig. 2 #32 supports #34).
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 a support member extending in the second direction (Fig. 2 #34 supported by #32, see direction of extension of #32).
Regarding claim 7, Tadashi et al. (JP 2004283728) teaches the magnet plate according to claim 6, wherein
the shielding member extends in the second direction (Figs. 8, 12 #54, 58 extends along direction parallel to extension of #32), and the 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. 8-9, 12 see #54, 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 shielding member extending in the second direction (Figs. 8, 12 #54,58 extending in direction parallel to extension of #32) is supported by the support member extending in the second direction (Figs. 2, 12 #54, 58 supported by #32, see 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 (Fig. 2 #20) includes 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 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 shielding member (Fig. 12 #54, 58) is provided between the first well and the second well (Figs. 8-9, 12 see #54, 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 18 line 13-Page 19 line 5, Page 20 line 18-Page 21 line 3), wherein
the shielding member is a magnetic material (Page 18 lines 7-9, 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 shielding member (Fig. 12 #54, 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 18 line 13-Page 19 line 5, Page 20 line 18-Page 21 line 3).
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 shielding member includes a stainless member.
Tadashi et al. (JP 2004283728) states that the shielding member may be made of any ferromagnetic material, but is preferably made of a material with high magnetic permeability and high saturation magnetic flux density (Page 18 lines 7-9), and additionally explains that the magnet holder is preferably made of a ferromagnetic material such as stainless steel (Page 5 lines 1-2).
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 shielding member includes a stainless member, in order to provide a shielding member made of a ferromagnetic material with a high magnetic permeability and a high 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 argument that Tadashi fails to teach “the shielding member arranged to reduce the influence of magnetic force exerted by the first magnet on the second well” as claimed, the Examiner would like to clarify that as Tadashi states “when the insulating cover 54 is provided, there is no leakage of magnetic flux from the open end 48 in the magnetization direction even when the magnetic force is turned off, so that the magnetic force is prevented from acting on sample containers in adjacent rows”, Tadashi implies that there is no leakage of magnetic flux when the magnetic force is turned on or “even when” the magnetic force is turned off. Further, as Tadashi states “Furthermore, according to this embodiment, since an enhanced isolation cover is provided, the magnet can be placed in a wider range of arbitrary positions, such as on the side of the sample container, in addition to the bottom of the sample container. This allows, for example, a magnet to be placed near the side of the container, and therefore, supernatant separation by immobilizing magnetic microparticles can be performed by moving the tip of the dispenser right up to the bottom end of the container, improving the accuracy of separation.” (Page 19 lines 11-17), it is seen that the magnetic flux isolation cover allows the magnet to be placed in a wider range of positions during application of the magnetic force. Another embodiment of Tadashi shows an isolation cover provided with a shielding reinforcement member to “capture leakage magnetic flux” when the magnet is on (Page 20 line -Page 21 line 3). Therefore the isolation cover and the shielding reinforcement member are used to reduce the influence of magnetic force exerted by the first magnet on the second well, regardless of the magnet being on or off.
Conclusion
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/MOLLY K DEVINE/ Examiner, Art Unit 3653