DETAILED ACTION
Response to Amendment
Examiner acknowledges Applicant’s response filed 17 November 2025 containing amendments to the claims and remarks.
Claims 1-3, 5, 7, 8, 10, 12, 13, and 52-61 are pending.
The previous rejection under 35 U.S.C. 102(a)(1) in view of Ellis is withdrawn in view of Applicant’s amendments and Examiner’s reconsideration of the record.
The previous rejection under 35 U.S.C. 102(a)(1) in view of Brown is maintained.
Claims 2, 3, 5, 10, 13, 52, and 53 are indicated allowable. The rejection follows.
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, 7, 8, 12, and 54-61 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brown (US 2012/0321519).
With respect to claims 1, 7, 8, 12, and 54-61, Brown discloses an electronic lateral flow assay test reader (see Brown, Fig. 1, element 100) for reading a lateral flow test strip (see Brown, Figs. 2A-2B and 5A-5B; and paragraphs [0018] and [0092]-[0093]), the electronic lateral flow assay test reader having a light guide comprising a window structure (see Brown, element 413; and Figs. 1, 2A, 2B, and 7-9) for framing a development area of the test strip, the development area comprising portions that includes a test background region and at least one test result line (see Brown, paragraphs [0085] and [0099]; and Figs. 2B and 8-9), wherein the dimensions of the window structure are configured to maximize the proportion of the at least one test result line framed relative to the proportion of test background region framed. Brown discloses a carrier (400) adapted to retain reader components including a removably insertable cassette (300) adapted for containing the lateral flow test strip (700). Brown discloses that the electronic reader (100) comprises a unitary housing (101) for releasably receiving and engaging with the carrier (400). The window structure (413) of the light guide is formed by the carrier (400). Brown discloses that the cassette (300) comprises a recess (see Brown, Figs. 2B and 8-9) for receiving and nesting the lateral flow test strip (700) therewithin; and at least two or more windows (see Brown, Figs. 2B and 8-9) for framing respective portions of the development area of the test strip, the dimensions of the window being configured to maximize the proportion of at least one result line framed relative to the proportion of the test background framed (see Brown, Figs. 1-9). A cassette that is removably inserted into the reader is adapted for containing the test strip, the window structure of the test strip cooperating with the window structure of the cassette to provide a light guide formed by the reader and the cassette in combination that includes multiple windows (see Brown, paragraphs [0098]-[0100]). A retention mechanism, e.g., a click-fit or snap-fit mechanism, is formed by parts of one or a combination of reader, cassette, and carrier in order to properly align the test strip (see Brown, paragraph [0100]). The reader is adapted for multiuse and comprises a door (seal) to prevent contamination of the test area reader (see Brown, paragraph [0106]).
Allowable Subject Matter
Claim 2, 3, 5, 10, 13, 52, and 53 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.
Response to Arguments
Applicant’s arguments filed 17 November 2025 have been fully considered but they are not persuasive.
Examiner understands Applicant’s arguments to be:
Brown’s “cassette” is not receptacle 400; it is the removable piece that accommodates and carries the test strip, i.e. the test stick / assay device 700, and it presents a single large detection zone window 703.
The individual windows for framing portions of the development area are only on the receptacle 400 of Brown. They are not on the cassette/stick 700 or the carriage 300, which Examiner has confused for the claimed cassette.
The test stick 700 of Brown, being the only element of Brown that could be a “cassette,” has a single large recessed window 703, which is referred to in Brown as a reading zone or detection portion for a sample to be tested, not multiple separate windows.
With respect to Applicant’s first, second, and third arguments, Brown discloses “[t]he test stick 700 includes a first recessed portion 703, hereinafter referred to as a reading zone or detection portion 703, for a sample to be tested” (see Brown, paragraph [0092]) and “[i]n an embodiment, there is provided a plurality of reading positions and/or storage positions” (see Brown, paragraph [0115]) (emphasis added). Thus, Brown clearly provides for the use of multiple windows 703.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure: Propper (US 2013/0280698). Propper generally discloses a device for conducting multiple assays on a liquid sample, such device having one or more window structures on a cartridge/cassette and being removably insertable in a reader (see Propper, Abstract; and Figs. 11 and 16).
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Randy Boyer whose telephone number is (571) 272-7113. The examiner can normally be reached Monday through Friday from 10:00 A.M. to 7:00 P.M. (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Prem C. Singh, can be reached at (571) 272-6381. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Randy Boyer/
Primary Examiner, Art Unit 1771