1123020]
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`of
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`e Patent of. YAMAMOTO,Hiroshi,etal.
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`P.T.O, Confirmation No.: 7600
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`ATTENTION: HONORABLE
`COMMISSIONER FOR PATENTS
`
`Patent No. 7,678,568
`
`For.
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`INCUBATOR
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`Issued: March 16, 2010
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`REQUEST FOR CERTIFICATE OF CORRECTION
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Sir:
`
`Mail Stop DAC
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`April 14, 2010
`
`The undersigned requests that a Certificate of Correction be issued for the above-identified
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`patent as indicated on the attached Form PTO-1050.
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`The request is being made in order to correct column 12, line 42 of claim 1, “culture
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`containertransporter” should read --a culture containertransporter--. The error to be corrected was
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`caused by the U.S. Patent and Trademark Office. A copy of column 12 of the Letters Patent No.
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`7,678,568 is enclosed which indicates the wrong information, and a copy of the page 2 of the
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`Response filed on July 22, 2009,
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`is enclosed which indicates the correct information.
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`It
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`is
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`respectfully submitted that no new matter has been added.
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`If any additional fees are required, please charge our Deposit Account No. 01-2340.
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`Respectfully submitted,
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`KRATZ, QUINTOS & HANSON, LLP
`
`Chiron(2par
`Attorney for Applicants
`Reg. No. 37,806
`
`arren Crew
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`Certificate
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`APR 1 6 2010
`of Correction
`
`.
`
`DC/kn
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`suite
`Suite 400
`1420 K Street, N.W.
`Washington, D.C. 20005
`(202) 659-2930
`Enclosures: Form PTO-1050; Last page ofLetters Patent No. 7,678,568; and Responsefiled on July
`22, 2009
`
`IATA
`23850
`PATENT & TRADEMARKOFFICE
`
`

`

`o
`
`é
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`CERTIFICATE OF CORRECTION
`
`PATENT NO::
`DATED :
`INVENTOR(S):
`
`7,678,568
`March 16, 2010
`Hiroshi YAMAMOTO,etal.
`
`It is certified that an error appears in the above-identified patent and that said Letters
`Patent is hereby corrected as shown below:
`
`--a culture container transporter--
`
`In Column 12, Claim 1
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`Online 42,“culture container transporter”
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`should read
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`MAILING ADDRESS OF SENDER:
`KRATZ, QUINTOS & HANSON, LLP
`1420 K Street, NW, Suite 400
`Washington, DC 20005
`
`FORM PTO 1050-(REV.3/82)
`
`Patent No.:7,678,568
`
`No. of add'l copies
`@ 30¢ per page
`=
`
`

`

`ee
`
`US 7,678,568 B2
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`11
`sample cavity 31a on the microplate 31 as shown in FIG.23,
`The camera 7 photographs the sample onthe microplate 31 in
`step S5 of FIG. 22, and the image data obtained by photog-
`raphy is transferred to the analyzer 72 in step S6.
`In the following step S7, the analyzer 72 processesthe data
`for image processing in a predetermined manner. The number
`of cells in the sample is counted in step S8. In step S9, the
`count is compared with the numberofcells before cultureto
`calculate the culture rate. The calculated rate is shown on the
`display and stored in a memory.
`FIG. 24 shows a sequenceof processes for image process-
`ing procedure to be performedusing the imagedata obtained
`from the camera 7. The contours ofcells are extracted first in
`process P1, the cells are distinguished based on the contours
`in process P2, and the numberofcells is counted in process P3
`based on the result of distinction. Finally, the culture rate is
`calculated by dividing the count by the count obtained before
`the culture.
`
`Another Example of Microscopic System
`With reference to FIG. 25, the microscopic observation
`unit 8 can be removably attached to the stacker holder 23 in
`place of two stackers 3, 3 constituting the incubatorunit 2.
`The microscopic observation unit 8 comprisesa shield case
`80 of stainless steel, and a microscopic observation device 8a
`and a drive device 8disposed in the shield case 80, as shown
`in FIG. 26. An observation window 88 ofglass plate is pro-
`vided on an upper wall of the shield case 80. A microplate
`accommodating portion 89 is provided on an upperposition
`of the shield case 80 for accommodating a microplate 31 in
`opposition to the observation window 88.
`The microscopic observation device 8a comprises a cam-
`era 81 and an optical system 82. The optical system 82
`includesa longfocuslens, etc. The drive device 85 comprises
`a Y-axis drive mechanism 85 having a Y-axis motor 851, an
`X-axis drive mechanism 86 having an X-axis motor 861, and
`a Z-axis drive mechanism 87 having a Z-axis motor 871 to
`movethe microscopic observation device 8a along the direc-
`tions of three axes, X, Y, and Z.
`A signal cable 83 comprising a powerline and a signalline
`extending from the observation device 8a and the drive device
`8d is connected to a waterproof connector 84 attached to the
`shield case 80, and through the connector 84, to an analyzer
`72 as shown in FIG.27.
`With reference to FIG. 27, when microscopic observation
`is to be made on the microplate 31 accommodated in the
`stacker3, the microplate 31 is takenout ofthe stacker3 by the
`microplate transport device5, is delivered to the microplate
`accommodating portion 89 of the microscopic observation
`unit 8, and is set on a predetermined position.In this state, the
`drive device 86 is movedin the direction of Z-axis to accom-
`plish focusing. The drive device 86 is thereafter movedin the
`direction of X-axis and the direction of Y-axis to make a
`microscopic observation on the microplate 31. An image
`photographed with the camera is transmitted to the analyzer
`72, which will make various analysises.
`Asdescribed above, the incubatorof the present invention
`1 is adapted to automatically transport the microplate 31 and
`to accommodate a large number of microplates within the
`chamber 11, with the interior of the chamber held under
`uniform ambient conditions.
`Since all motors 571, 581, 591, 421 constituting the drive
`mechanism ofthe incubator unit 2 are housed in the chamber
`11 in the case ofthe incubator 1 of the present invention, the
`chamber 11 can be simpler in construction than when these
`motors are arranged outside the chamber11, with the cham-
`ber 11 held highly airtight. Because the chamber 11 and the
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`5
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`10
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`15
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`30
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`35
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`12
`incubatorunit 2 are constructed independently of each other,
`the microplate transport device 5 can be removed from the
`chamber11 easily without being disassembled, for example,
`for maintenance. This ensures efficient work and makes the
`construction of the incubatorunit 2 universally useful.
`Further the incubator 1 of the present invention has a cam-
`era 7 disposed inside the chamber 11 for photographing
`samples on the microplate 31. This makes it possible to
`observe and analyze the sample without taking out the micro-
`plate 31 from the chamber11 to the outside. This serves to
`hold the interior of the chamber 11 underspecified ambient
`conditions and assure an efficient analysis,
`Furthermore, with the incubator 1 shownin FIGS. 25 to 27,
`since the microscopic observation device 8a is arranged in the
`shield case 80 andtheinterior ofthe shield case 80 is shut out
`from the highly humid atmosphere of space wherein the
`microplate 31 is accommodated, the moisture will not cause
`damageto lenses etc. constituting the observation device 8a.
`Because the drive device 86 is housed in the shield case 80,
`fine dusts produced by the drive device 86 will not exert an
`20 adverse effect on the microplate 31.
`The apparatusof the presentinventionis notlimited to the
`foregoing embodimentin construction but can be modified
`variously by oneskilled in the art without departing from the
`spirit ofthe invention as set forth in the appendedclaims. For
`25 example,asillustrated in FIG. 28, in the case of an incubator
`1' which comprises a chamber 11 and a rack board 94
`arranged inside the chamber 11 and does not comprise a
`microplate transport device, microscopic observation can be
`made on the microplate 31 by the provision of the micro-
`scopic observationunit 8 on the rack board 94, and the micro-
`scopic observation device 8a constituting the microscopic
`observation unit 8 can be protected from the moisture. Further
`usable as a culture container need not be a microplate, but can
`be a petri dish.
`Theinvention claimed is:
`1. Anincubatorfor culturing samples on culture containers
`inside a chamber adjusted to predetermined ambient condi-
`tions, comprising in the chamber:
`a plurality of stackers capable of accommodatinga plural-
`ity of culture containers;
`
`a f stackerholder removably holdingthe plurality ofstack-
`Pi ers,
`-
`“@dilturecontainertransporteDhaving a motoras a driving
`
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`source for moving one Of
`the culture containers into or
`out of the stacker; and
`a microscopic observer housed in a shield case with a
`closed construction for microscopic observation of the
`culture samples on culture containers through an obser-
`vation window disposed on the shield case,
`wherein the shield case has a contour wherein the shield
`case can be disposed onthe stackerholderin place ofthe
`one or a plurality of stackers, and
`whena sample on a desired culture containeroftheplural-
`ity of the culture containers accommodated in the
`stacker is microscopic observed by the microscopic
`observer, the culture container transporter moves the
`culture container outofthe stackerto a position opposed
`to the observation window disposed onthe shield case.
`2. An incubator according to claim 1 wherein the micro-
`scopic observer includes a driver for adjusting a focus posi-
`tion of the sample on the culture container moved to the
`position opposed to the observation window disposed on the
`shield case.
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`45
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`50
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`55
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`60
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`

`

`U.S.Patent Application Serial No. 11/330,201
`Response filed July 22, 2009
`Reply to OA dated April 22, 2009
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`AMENDMENTS TO THE CLAIMS:
`
`Thislisting ofclaimswill replaceallprior versions, andlistings, ofclaimsin the application:
`
`Listing of Claims:
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`Claims 1-5 (canceled).
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`Claim 6 (currently amended): An incubator for culturing samples on culture containers
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`inside a chamberadjusted to predetermined ambient conditions, comprising in the chamber:
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`aeuiture-container-accommodator-for a plurality of stackers capable of accommodating a
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`plurality of culture containers;
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`. \ a stacker holder removably holding the plurality ofstackers:
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`-
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`SS"
`a culture container transporter)having a motoras a driving source for moving oneof the
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`culture containers into or out of the eulture-container-acecommodator stacker; and
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`a microscopic observer housedin a shield case with a closed construction for microscopic
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`observation ofthe culture samples on culture containers through an observation window disposed
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`on the shield case,
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`wherein the shield case has a contour wherein the shield case can be disposed onthe stacker
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`-2-
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