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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 11-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.
As to claim 11, claim 11 recite limitations “the first end” of claim 11. There is insufficient antecedent basis for this limitation in the claim. Claim 11 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. The claim languages “the first end” appear for the first time, however, read as though they have already been recited. See MPEP 2173.05(e).
Claim 12 is also rejected because they are dependent on the rejected claim 11 as set forth above.
Claim Rejections - 35 USC § 103
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 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.
Claims 1 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Hoon – Translate_KR20210029588A and in view of Kim – US 20220409103.
As per claim 1, Hoon teaches a chamber 1 for inspecting a liquid substance (fig.1a-1b), the chamber 1 being mounted on a tester for use (pages 9, 15 and fig.4: chamber 1 for body fluid testing can be easily detached or attached/mounted to body fluid testing device or tester), the chamber 1 comprising:
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a chamber sheet 30 comprising a sheet body 30, an injection groove, and an air outlet 50 in the sheet body 30 (see described fig.1a); and
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a chamber plate 10 comprising a grip portion (page 14 and described fig.1b: a handle portion extending from the base portion 10; preferably, the handle part may extend from the base part 10 and be integrally formed with the base part 10; thus “a grip portion”) and an inserting portion, wherein a fastening space to receive and fasten the chamber sheet 30 is formed as a recess in the insertion portion (described fig.1a-1b), and wherein where a sample section 20 in which a liquid substance sample is injected and retained is formed in the fastening space (fig.1a),
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wherein the sample section 20 comprises: an injection slope 40 formed such that one end has a predetermined height and creates an inclined surface (fig.1a-1b), with at least a portion inserted into the injection groove (fig.1b: a portion of sample injection unit or slope 40 inserted into the injection groove of chamber sheet 30); a retention area formed on the injection slope 40 and configured to retain the liquid sample; and
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an observation area 21 formed within the retention area, wherein the liquid substance sample is observed through a lens of the tester (page 9,15 and fig.4: observation target part 21 is formed on the sample part 20 as described above, when the bodily fluid test chamber 1 is mounted on the bodily fluid test device, observation is performed on the bodily fluid sample in the observation target part 21 so you can analyze the body fluid sample; thus “an observation area formed within the retention area, wherein the liquid substance sample is observed through a lens of the tester”).
Hoon does not explicitly teach the chamber being inserted into a tester for use; an air outlet 50 formed in a longitudinal direction in the sheet body; an inserting portion extending in the longitudinal direction from the grip portion; an injection slope 40 formed such that one end closer to the grip portion has a predetermined height and creates an inclined surface whose height decreases along the longitudinal direction; a retention area formed extending in the longitudinal direction.
Kim teaches chamber 100 being inserted into a tester 200 for use (abstract and fig.10).
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It would thus have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify modified Hoon with teachings of X to include the chamber being inserted into a tester for use, because an operation part form an electric closed loop for operating a light source part, so that a user can more conveniently observe body fluid ([0026]).
Hoon and Kim do not explicitly teach an air outlet formed in a longitudinal direction in the sheet body; an inserting portion extending in the longitudinal direction from the grip portion; an injection slope 40 formed such that one end closer to the grip portion has a predetermined height and creates an inclined surface whose height decreases along the longitudinal direction; a retention area formed extending in the longitudinal direction.
It would thus have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify or rearrange (i.e. rotate) all components (injection slope, observation target and air outlet) of sample section in any desired direction including i.e. a longitudinal direction (i.e. facing the grip portion) such that an air outlet formed in a longitudinal direction in the sheet body; an inserting portion extending in the longitudinal direction from the grip portion; an injection slope 40 formed such that one end closer to the grip portion has a predetermined height and creates an inclined surface whose height decreases along the longitudinal direction; a retention area formed extending in the longitudinal direction, while still allow chamber to be positioned on observation area and still allow sample to be observed by analytical device and because rearrange (i.e. rotate) the position of all components (injection slope, observation target and air outlet) of sample section would not have modified the operation of the chamber.
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As per claim 11, Kim further teaches a stopper is formed at a first end of the insertion portion to prevent the chamber from being inserted any further when the chamber is fully inserted into the tester (see described fig.10 above).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Hoon and Kim and further in view of Translate_KR101920273B1.
As per claim 7, modified Hoon does not explicitly teach the grip portion is exposed to the outside of the tester while the liquid substance testing chamber is inserted into the tester and secured.
Translate_KR101920273B1 teaches grip portion is exposed to the outside of the tester while the liquid substance testing chamber is inserted into the tester and secured (fig.1-2 and 6).
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It would thus have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify modified Hoon with teachings of Translate_KR101920273B1 to include the grip portion is exposed to the outside of the tester while the liquid substance testing chamber is inserted into the tester and secured, because it is convenient to use and require less time and expense and can check results quickly (page 5).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Hoon and Kim and further in view of Marshall – US 20120231488.
As per claim 6, modified Hoon does not explicitly teach the sample section further comprises a retention confirmation area which is connected to the retention area through a microchannel, and which has a color-changing material that changes color upon contact with the liquid substance sample.
Marshall teaches a concept of: sample section of cartridge 101 includes passage/channel 117 and in fluid communication with analytical chambers or retention confirmation area 113 ([0049] and fig.5); sample is drawn into the analytical chambers 113 whereupon it comes into contact with the reagents, which undergo a detectable colour change or cause migration of a coloured species towards the surface of the pyroelectric transducer 111 to provide an indication of an analyte in a biological fluid sample ([0056]).
It would thus have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify the sample section of modified Hoon with teachings of Marshall to include the sample section further comprises a retention confirmation area which is connected to the retention area through a microchannel, and which has a color-changing material that changes color upon contact with the liquid substance sample, to provide an indication of an analyte in a biological fluid sample ([0056]).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Hoon and Kim and further in view of Lee – Translate_KR 20120003340A.
As per claim 4, modified Hoon does not explicitly teach the chamber sheet has at least two fastening holes formed therein, at least two fastening rods corresponding to the fastening holes are formed in the fastening space of the chamber plate, and the fastening rods are inserted through the fastening holes such that portions of ends of the fastening rods are exposed outside the fastening holes.
Lee teaches chamber sheet 120 has at least two fastening holes 125 formed therein, at least two fastening rods 111 corresponding to the fastening holes 125 are formed in fastening space of the chamber plate 110, and the fastening rods 111 are inserted through the fastening holes 125 such that portions of ends of the fastening rods 111 are exposed outside the fastening holes 125 (figs1-2).
It would thus have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify the sample section of modified Hoon with teachings of Lee to include the chamber sheet has at least two fastening holes formed therein, at least two fastening rods corresponding to the fastening holes are formed in the fastening space of the chamber plate, and the fastening rods are inserted through the fastening holes such that portions of ends of the fastening rods are exposed outside the fastening holes (as recited in claim 4); when the chamber sheet is fastened into the fastening space, each of the exposed portions is pressed externally to spread wider than a diameter of each of the fastening holes, thereby securing the chamber sheet to the chamber plate (as recited in claim 5), to maintain a stable assembly state (page 7).
As per claim 5, claim 5 is rejected as reasons stated in the rejection of claim 4.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Hoon and Kim and further in view of Sabourin – US 20200001292.
As per claim 2, modified Hoon does not explicitly teach a double-sided tape adhered to a rear surface of the chamber sheet, wherein, when the chamber sheet is inserted and fastened into the fastening space, the double-sided tape is adhered to a bottom surface of the fastening space but not to the sample section, thereby forming a predetermined space between the retention area and the chamber sheet.
Sabourin teaches a concept of: cartridge 2405 includes a double-sided adhesive tape gasket member) that is disposed between the base 2415 and the cover 2410 ([0128] and fig.24A).
It would thus have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify chamber of modified Hoon with teachings of Sabourin to include a double-sided tape adhered to a rear surface of the chamber sheet, wherein, when the chamber sheet is inserted and fastened into the fastening space, the double-sided tape is adhered to a bottom surface of the fastening space but not to the sample section, thereby forming a predetermined space between the retention area and the chamber sheet, because double-sided tape provides a clean, uniform bond line that distributes stress across the entire surface resulting in stronger, more durable, and more aesthetically pleasing assemblies.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Hoon and Kim and Sabourin and further in view of Yasunaga – US 20190072822.
As per claim 13, modified Hoon does not explicitly teach the double-sided tape has at least one color other than white.
Yasunaga teaches a concept of: double-sided adhesive tape 315 are formed black, a color excellent in light absorbing property, and thus the light amount scattered and reflected by the double-sided adhesive tape 315 can be reduced ([0097]).
It would thus have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify double-sided adhesive tape of modified Hoon with teachings of Yasunaga to include the double-sided tape has at least one color other than white, because black double-sided adhesive tape is a color excellent in light absorbing property, and thus the light amount scattered and reflected by the double-sided adhesive tape can be reduced ([0097]).
Allowable Subject Matter
Claims 3, 8-10, and 12 are objected to as being dependent upon a rejected base claim 1-2 and 11 respectively, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
As to claim 3, claim 3 includes the double-sided tape surrounds outer edges on three sides of the retention area, except for an outer edge connected to the injection slope, when in combination with the remaining limitations in the claims 1-2 distinguish the present invention from the prior arts.
As to claim 8, claim 8 includes both the guide protrusion and the guide groove are formed in an upper surface of the insertion portion, when in combination with the remaining limitations in the claim 8 distinguish the present invention from the prior arts.
As to claim 9, claim 9 includes a fastening confirmation part is formed to protrude in a predetermined shape on the rear surface of the chamber plate, when in combination with the remaining limitations in the claim 9 distinguish the present invention from the prior arts.
As to claim 10, claim 10 includes the cut surfaces are identically formed on both side surfaces of the insertion portion, starting with a widest width near the first end and gradually narrowing in the longitudinal direction, when in combination with the remaining limitations in the claim 10 distinguish the present invention from the prior arts.
As to claim 12, claim 12 includes the groove is formed by a predetermined length in the X-axis direction with an inner width that is narrowest, then the width of the groove gradually increases and narrows again near the first end, when in combination with the remaining limitations in the claim 12 distinguish the present invention from the prior arts.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRUONG D PHAN whose telephone number is (571)272-8883. The examiner can normally be reached Monday-Friday.
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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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/TRUONG D PHAN/ Examiner, Art Unit 2855
/JOHN E BREENE/ Supervisory Patent Examiner, Art Unit 2855
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