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 .
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.
Claim(s) 16 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ortmann et al. (DE 102022131947, hereafter referred to as Ortmann).
Regarding claim 16, Ortmann teaches a method of operating a sample transport device, the method comprising: transporting a fluidic sample 137 for an analyzer for analyzing the fluidic sample, by a sample receptacle 126 of the sample transport device; moving a moving device 128 of the sample transport device; and performing and/or triggering a pumping operation by a pumping element 110 of the sample transport device.
Allowable Subject Matter
Claims 17-19 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.
Claims 1-15 and 20 are allowed.
The closest prior art of record Zimmerman et al. (U.S. 2014/0318274, hereafter referred to as Zimmerman) teaches a sample transport device comprising a sample receptacle 40 configured to receive and/or dispense the fluidic sample; a moving device 280 configured to move the sample receptacle.
However, Zimmerman does not explicitly teach a pumping element configured to be moved by the moving device in order to perform and/or trigger a pumping operation.
Ortmann et al. (DE 102022131947, hereafter referred to as Ortmann) teaches a fluid delivery device comprising a sample receptacle 126 configured to receive and/or dispense the fluidic sample; a moving device 128 configured to move the sample receptacle; and a pumping element 110.
However, Ortmann does not explicitly teach a pumping element configured to be moved by the moving device in order to perform and/or trigger a pumping operation.
Therefore, the closest prior art of record fails to teach the invention as set forth in claims 1-15 and 20 and the Examiner can find no teaching of the sample transport device, nor reasons within the cited prior art or on his own to combine the elements of these references other than the applicant’s own reasoning to fully encompass the current pending claims.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMEL E WILLIAMS whose telephone number is (571)270-7027. The examiner can normally be reached on Monday-Thursday, 10am-4pm.
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/JAMEL E WILLIAMS/Primary Examiner, Art Unit 2855
