DETAILED ACTION
Status of the Claims
1. Claims 1-3 are pending.
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.
2. Claim 1 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the case" in lines 3 and 7. There is insufficient antecedent basis for this limitation in the claim.
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) 1 and 3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zimmermann et al. (US 2007/0007140).
Claim 1. Zimmermann et al. teach a gel electrophoresis device (100) comprising a gel cassette (insert element 200 for performing gel electrophoresis analysis;[0071] [0075], a seat (first insert element reception 101; [0071], a maintenance portion (contacts 1400; [0135]), a first electrode and a second electrode, 201 [0076], wherein:
the gel cassette is provided with an insulating case and a gel held by the case (insert element 200 is made up plastic material and comprises gel strips 500; [0085][0086]);
the gel is provided with a first connection area, a second connection area and a sample set area (gel strips is provided with first contact 501 and second contact 502 and comprises analytes; [0088] and Fig 5);
the first connection area, the second connection area and the sample set area are exposed from the case (first contact 501 and second contact 502 and analytes are exposed in the insert element 200; see Fig 5);
in a predetermined direction, the sample set area is located between the first connection area and the second connection area (analyte to be electrophoresed between the first contact 501 and second contact 502 with application of current; [0088]);
in the predetermined direction, the sample set area is adjacent to the first connection area and apart from the second connection area (analyte to be electrophoresed between the first contact 501 and second contact 502 with application of current; [0088]);
the gel cassette has a predetermined thickness at a position corresponding to each of the first connection area and the second connection area (insert element 200 has thickness; see Fig 2);
the gel cassette is mountable on the seat (insert element 200 is slided into the first insert element reception 101; see Fig 3);
the maintenance portion (contacts 1400) is combinable with and fixable to the seat and separable from the seat (contacts 1400 is combinable with and fixable to the rails of the first insert element reception 101 and separable when insert element is removed [0135] and Fig 14);
both the first electrode and the second electrode are provided to one of the maintenance portion and the seat (electrodes 201 are connected to contacts 1400; see Fig 14);
a remaining one of the maintenance portion and the seat is provided with a first facing portion and a second facing portion which correspond to the first electrode and the second electrode, respectively (first insert element reception 101 is comprised of corresponding contacts 107, 108 (strip like contact) to the electrodes 201; see Fig 2 and [0135]);
in a non-mounted state that the maintenance portion is fixed to the seat without mounting the gel cassette on the seat, the first electrode and the second electrode face a first facing portion and a second facing portion, respectively, in an up-down direction perpendicular to the predetermined direction and are separable from a predetermined distance or less (contacts 1400 are fixed to the first insert element reception 101 without inserting the gel, the electrodes 201 face the contacts 107, 108 (strip like contact) in an up-down direction perpendicular to the predetermined direction of analyte migration and are separable from a predetermined distance; [0109]);
a size of the predetermined distance is smaller than a size of the predetermined thickness (since the length of the electrodes in the up-down direction face the gel cassette, thus it is apparent the size of distance between the electrode and thickness of the gel cassette is smaller than the predetermined thickness of the gel cassette); and
in a state that the first electrode and the second electrode are directly brought into contact with the first connection area and the second connection area, respectively, and that the gel cassette is mounted on the seat and the maintenance portion is fixed to the seat, the first electrode and the second electrode press the first connection area and the second connection area directly in the up-down direction (electrodes 201 press down into the first contact 501 and second contact 502 when the assembly is electrophoresis mode; [0088]).
Claim 3. Zimmermann et al. teach the gel electrophoresis device further comprises a pressing mechanism; and in a mounted state that the gel cassette is mounted on the seat, the pressing mechanism presses one of the first electrode and the first connection area toward a remaining one of the first electrode and the first connection area and presses one of the second electrode and the second connection area toward a remaining one of the second electrode and the second connection area (electrodes 201 are pressed against the first contact 501 and the second contact 502 via magnetic force [0088][0109]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zimmermann et al.(US 2007/0007140).
Claim 2. Zimmermann et al. teach gel of the gel cassette inherently having thickness at each of the first contact 501 and second contact 502; see Fig 5 and in a mounted state that the gel cassette is mounted on the seat, the first connection area and the second connection area are pressed by the first electrode and the second electrode, respectively (the insert element 200 is mounted on the first insert element reception 101, the first contact 501 and second contact 502 are pressed into the electrodes 201/203 respectively; see [0088][0109]).
Zimmermann et al. do not teach the gel of the gel cassette has a thickness of 0.5 mm or more and 3.0 mm or less at each of the first connection area and the second connection area and comprised of polyacrylamide gel and the first electrode and the second electrode displaced by 0.1 mm or more. However, it is well known in the art, gel for electrophoresis is made up of polyacrylamide and could be made up of different thickness depending on the depth of receptions 401 [0082] and since electrodes make connection with gel [0088], thus the electrodes could be displaced at claimed distance to make contact with gel.
Conclusion
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/GURPREET KAUR/
Primary Examiner
Art Unit 1759
