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 .
Response to Amendment
The amendments and remarks, filed on 2/2/2026, has been entered. The previous prior art rejection is modified to address the claim amendments.
Claim Status
Claims 1-9 and 11-22 are pending and being examined.
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 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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-4, 6-9, 11-17, and 19-22 are rejected under 35 U.S.C. 103 as being unpatentable over Fleming et al (US 20150158027 A1; hereinafter “Fleming”; already of record) in view of Williamson et al (US 20100184127 A1; hereinafter “Williamson”; already of record).
Regarding claim 1, Fleming teaches a cryogenic storage container (Fleming; Fig. 6; the limitation “cryogenic” in the preamble is directed to the intended use of the storage container, thus any storage container capable of being used in a cryogenic environment reads on the limitation), comprising:
a tray (Fleming; Fig. 6, 8; para [72]; 65 retaining member 6), having
a first opening and a second opening (Fleming; Fig. 6, 8; para [71]; the retaining member 6 includes a plurality of retaining elements 14);
a first wall projecting from a perimeter of the first opening (Fleming; Fig. 8; para [80]; the retaining member 6 includes a frame portion 48), and a first bottom portion coupled to the first wall opposite the first opening (Fleming; Fig. 8; para [80]; bottom facing surfaces of the retaining elements 14), wherein the first wall and first bottom portion together define a first well configured to receive a first tissue sample therein1 (Fleming; Fig. 8; para [80]; The bottom facing surfaces of the retaining elements 14 define a first tissue engaging surface 54); and
a second wall projecting from a perimeter of the second opening (Fleming; Fig. 8; para [80]; the retaining member 6 includes a frame portion 48), and a second bottom portion coupled to the second wall opposite the second opening (Fleming; Fig. 8; para [80]; bottom facing surfaces of the retaining elements 14), wherein the second wall and second bottom portion together define a second well configured to receive a second tissue sample therein1 (Fleming; Fig. 8; para [80]; The bottom facing surfaces of the retaining elements 14 define a first tissue engaging surface 54). Examiner interprets any other one of the pluralities of retaining elements as the second opening to define the second wall, second bottom portion, and the second well as seen in Fig. 6 and 8. Additionally, examiner notes that the retaining elements contain the tissue, thus the wells are interpreted as receiving the tissue samples;
a base having
an upper surface (Fleming; Fig. 8; the upper surface is interpreted the surface that receives the biasing element) having a first pocket and a second pocket, wherein the first pocket and the second pocket are sized and positioned to respectively receive the first and second wells therein, (Fleming; Fig. 3B, 8; para [70, 71]; the tissue holding sections 11…a plurality of retaining elements 14 corresponding in number and in alignment with the sample holding sections 11; the side of the holding sections contacts the side of the retaining element as seen in Fig. 3B and Fig 8); and
and a lower surface (Fleming; Fig. 8; the lower surface is interpreted the bottom of the opening within the base 4), wherein the upper surface is angled relative to the lower surface at a nonzero angle (Fleming; Fig. 8; para [84]; each biasing element 15 has a first member 60 with a first end 62 and a second end 66. The first end 62 is connected to the tissue retaining element 14. Extending downward at an angle from the second end 66 of the first member 60 is a first angled member 64; examiner notes that “a portion” of the upper surface is angled with respect to the lower surface because the base receives the biasing element) further wherein the base is configured to transfer heat away from the first and second wells2 (Fleming; para [46]; The base 4 has a bottom surface which may include a sample holding portion 10).
1 Regarding claim 1, these limitations are directed to the function and/or the manner of operating the first well and the second well, all the structural limitations of the claim has been disclosed by Fleming in view Williamson and the first well and the second well of modified Fleming is capable of being “configured to receive a tissue sample therein”. As such, it is deemed that the claimed first well and the claimed second well is not differentiated from the first well and the second well of modified Fleming (see MPEP §2114).
2 The limitation is directed to the function and/or the manner of operating the base, all the structural limitations of the claim has been disclosed by Fleming and the base of Fleming is capable of being “configured to transfer heat away from the first and second wells”. As such, it is deemed that the claimed base is not differentiated from the base of Fleming (see MPEP §2114). The examiner notes that the base is capable of transferring heat away as heat will naturally flow from warmer areas to cooler areas. Further, the base is capable of the intended function because any amount of heat present would be transferred away from the wells as there would be some amount of heat transferred between the structures depending on the temperature of each element.
Fleming does not teach a lid removably couplable to the tray and having a first door aligned with the first opening and a second door aligned with the second opening, wherein the first and second doors are movable between (a) a first position in which the first and second openings, respectively, are occluded, and (b) a second position in which the first and second wells are accessible through the first and second openings.
However, Williamson teaches an analogous art of a tissue orientation device (Williamson; Abstract) comprising a tray (Williamson; Fig. 1; para [76]; a tissue sample cassette 12 carried within a frame 14; examiner interprets the frame as the tray) having an opening (Williamson; Fig. 1; para [76]; a tissue sample cassette 12; examiner notes the cassette comprises an opening) a wall projecting from a perimeter of the first opening (Williamson; Fig. 1; para [78]; the cassette 12 may be coupled to a body 12 b), and a bottom portion coupled to the first wall opposite the first opening (Williamson; Fig. 1, 2; para [78]; a bottom wall 34), wherein the wall and bottom portion together define a well configured to receive a tissue sample therein1 (Williamson; Fig. 2, 3; para [78]; one or more elongated tissue samples 40 a, 40 b, 40 c, 40 d may be placed in porous or perforated tissue channels or troughs 30 a, 30 b, 30 c, 30 d that may define a recess); a lid removably couplable to the tray and having a door aligned with the opening (Williamson; Fig. 1; para [78]; A lid 12 a of the cassette 12 may be coupled to a body 12 b of the cassette 12 by a hinge 16), wherein door are movable between (a) a first position in which the openings, respectively, are occluded (Williamson; Fig. 2; para [78]; The lid 12 a may also snap fit into a closed position as shown in FIG. 2), and (b) a position in which the wells are accessible through the openings (Williamson; Fig. 1; para [40]; the lid of the cassette shown in an open position). It would have been obvious to one of ordinary skill in the art by the effective filing date to have modified the first opening and the second opening of the storage container of Fleming to each comprise the lid as taught by Williamson, because Williamson teaches closing a lid on top of the tissue sample to trap the tissue sample (Williamson; para [35]).
Regarding claim 2, modified Fleming teaches the cryogenic storage container of claim 1, further comprising: a first well identification feature associated with the first well; and a second well identification feature associated with the second well, wherein the first well identification feature is unique from the second well identification feature (Fleming; para [63]; an identifier 9 is associated with each tissue holding section 11 to more easily identify the samples within the tissue container).
Regarding claim 3, modified Fleming teaches the cryogenic storage container of claim 2, wherein the first and second well identification features are configured to provide information related to one or more of content of the first and second wells, a position of the first and second wells relative to the tray, or a position of the first well relative to the second well (Fleming; para [63]; an identifier 9 is associated with each tissue holding section 11 to more easily identify the samples within the tissue container).
Regarding claim 4, modified Fleming teaches the cryogenic storage container of claim 2, wherein the first and second well identification features comprise one or more of an indicia, a barcode, a matrix code, a cut, a marking, a color code, a letter, a number, or a symbol (Fleming; para [64]; The label 7 or the identifier 9 may be a computer readable tag including, but not limited to, labels having an incorporated RFID, labels having an incorporated one-dimensional barcode (1-D barcode), labels having an incorporated two-dimensional barcode (2-D barcode), and labels having an incorporated three-dimensional barcode (3-D barcode)).
Regarding claim 6, modified Fleming teaches the cryogenic storage container of claim 2, wherein: the first well identification feature comprises a first barcode (Fleming; para [62, 64 an identifier 9 may be attached to one or more tissue holding sections 11…The label 7 or the identifier 9 may be a computer readable tag), the second well identification feature comprises a second barcode (Fleming; para [62, 64]; an identifier 9 may be attached to one or more tissue holding sections 11…The label 7 or the identifier 9 may be a computer readable tag).
Modified Fleming fails to teach the cryogenic storage container further comprises an indicia positioned between the first and second barcodes.
However, Fleming teaches that the one or multiple labels can be placed in the sample holding sections, the lid, the base, or another area of the tissue container (Fleming; Fig. 1; para [62]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to arrange the indicia of Fleming in the manner of ----being between the first and second barcodes as Fleming teaches the labels can be placed in any area on the tissue container as this is a known and suitable arrangement for indicia in the art. Further, it is a matter of engineering design to arrange the ----indicia in different ways, where the change in form or shape, without any new or unexpected result, is an obvious engineering design. See In re Dailey, 149 USPQ 47 (CCPA 1966) (see MPEP § 2144.04). Finally, one would have a reasonable expectation of success by changing the arrangement of the indica to the claimed limitation as Fleming teaches this arrangement is a known and suitable arrangement in the art. The combination of familiar elements is likely to be obvious when it does no more than yield predictable results. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, A).
Regarding claim 7, modified Fleming teaches the cryogenic storage container of claim 2, wherein the first and second well identification features are configured for human interpretation, computer interpretation, or a combination thereof (Fleming; para [64]; The label 7 or the identifier 9 may be a computer readable tag).
Regarding claim 8, modified Fleming teaches the cryogenic storage container of claim 1, wherein the tray further comprises an identifying corner having a different shape than other corners of the tray (Fleming; Fig. 6, 8; examiner interprets the identifying corner as the projecting ridge of the retaining element as seen in Fig. 6, 8), the identifying corner configured to indicate an orientation of the tray for identifying the first well in relation to the second well (Fleming; Fig. 6, 8).
Regarding claim 9, modified Fleming teaches the cryogenic storage container of claim 1, wherein the tray further comprises an identifying border around the first well, the identifying border configured to indicate an orientation of the tray (Fleming; Fig. 6; para [72]; the biasing element 15 urges the retaining element 14 downwardly towards the sample holding sections 10. In one embodiment, the biasing element 15 urges the retaining elements 14 downwardly against the tissue samples 2 so that the tissue samples 2 are retained between the retaining member 6 and the base 4 to maintain the proper orientation of the tissue samples 2).
Regarding claim 11, modified Fleming teaches the cryogenic storage container of claim 1, the storage container further comprising a first perforation extending through one or more of the first wall or the first bottom portion, and a second perforation extending through one or more of the second wall or the second bottom portion (Fleming; Fig. 6, 8; para [72]; each retaining element 14 has a mesh structure and is moveably attached to retaining member 6).
Regarding claim 12, modified Fleming teaches the cryogenic storage container of claim 1, further comprising a storage container identification feature on a surface of the tray or the lid, wherein the storage container identification feature is configured to provide information related to the first and second tissue samples contained in the first and second wells (Fleming; para [60, 62]; tracking the tissue sample containers 1, but also easily identifying the samples 2 within a container…a label 7 for each tissue sample container 1 as well as for each tissue sample 2 in the tissue sample container 1).
Regarding claim 13, Fleming teaches a cryogenic storage container (Fleming; Fig. 6; the limitation “cryogenic” in the preamble is directed to the intended use of the storage container, thus any storage container capable of being used in a cryogenic environment reads on the limitation), comprising:
a tray (Fleming; Fig. 6, 8; para [72]; 65 retaining member 6), having
a first well configured to receive a first tissue sample therein3 (Fleming; Fig. 8; para [80]; The bottom facing surfaces of the retaining elements 14 define a first tissue engaging surface 54);
a first well identification feature associated with the first well (Fleming; para [63]; an identifier 9 is associated with each tissue holding section 11 to more easily identify the samples within the tissue container);
a second well configured to receive a second tissue sample therein3 (Fleming; Fig. 8; para [80]; The bottom facing surfaces of the retaining elements 14 define a first tissue engaging surface 54); and
a second well identification feature associated with the second well (Fleming; para [63]; an identifier 9 is associated with each tissue holding section 11 to more easily identify the samples within the tissue container); and
wherein the first well identification feature is unique from the second well identification feature (Fleming; para [63]; an identifier 9 is associated with each tissue holding section 11 to more easily identify the samples within the tissue container; Examiner interprets any other one of the pluralities of retaining elements as the second opening to define the second wall, second bottom portion, and the second well as seen in Fig. 6 and 8. Additionally, examiner notes that the retaining elements contain the tissue, thus the wells are interpreted as receiving the tissue samples); and
a base having
an upper surface (Fleming; Fig. 8; the upper surface is interpreted the surface that receives the biasing element) having a first pocket and a second pocket, wherein the first pocket and the second pocket are sized and positioned to respectively receive the first and second wells therein, (Fleming; Fig. 3B, 8; para [70, 71]; the tissue holding sections 11…a plurality of retaining elements 14 corresponding in number and in alignment with the sample holding sections 11; the side of the holding sections contacts the side of the retaining element as seen in Fig. 3B and Fig 8); and
and a lower surface (Fleming; Fig. 8; the lower surface is interpreted the bottom of the opening within the base 4), wherein the upper surface is angled relative to the lower surface at a nonzero angle (Fleming; Fig. 8; para [84]; each biasing element 15 has a first member 60 with a first end 62 and a second end 66. The first end 62 is connected to the tissue retaining element 14. Extending downward at an angle from the second end 66 of the first member 60 is a first angled member 64; examiner notes that “a portion” of the upper surface is angled with respect to the lower surface because the base receives the biasing element).
3 Regarding claim 13, these limitations are directed to the function and/or the manner of operating the first well and the second well, all the structural limitations of the claim has been disclosed by Fleming in view Williamson and the first well and the second well of modified Fleming is capable of being “configured to receive a tissue sample therein”. As such, it is deemed that the claimed first well and the claimed second well is not differentiated from the first well and the second well of modified Fleming (see MPEP §2114).
Fleming does not teach a lid hingedly associated with the tray and movable between (a) a first position in which the first and second wells are occluded by the lid, and (b) a second position in which the first and second wells are externally accessible.
However, Williamson teaches an analogous art of a tissue orientation device (Williamson; Abstract) comprising a tray (Williamson; Fig. 1; para [76]; a tissue sample cassette 12 carried within a frame 14; examiner interprets the frame as the tray) having a well configured to receive a tissue sample therein (Williamson; Fig. 2, 3; para [78]; one or more elongated tissue samples 40 a, 40 b, 40 c, 40 d may be placed in porous or perforated tissue channels or troughs 30 a, 30 b, 30 c, 30 d that may define a recess); a lid hingedly associated with the tray (Williamson; Fig. 1; para [78]; A lid 12 a of the cassette 12 may be coupled to a body 12 b of the cassette 12 by a hinge 16) and movable between (a) a first position in which the well are occluded by the lid (Williamson; Fig. 2; para [78]; The lid 12 a may also snap fit into a closed position as shown in FIG. 2), and (b) a second position in which the well are externally accessible (Williamson; Fig. 1; para [40]; the lid of the cassette shown in an open position). It would have been obvious to one of ordinary skill in the art by the effective filing date to have modified the tray of the storage container of Fleming to each comprise the lid for the well as taught by Williamson, because Williamson teaches closing a lid on top of the tissue sample to trap the tissue sample (Williamson; para [35]). Examiner notes that the lid is associated with the well, thus the modification to the tray is applied to each well.
Regarding claim 14, Fleming teaches the cryogenic storage container of claim 13, wherein: the first well defines a first opening (Fleming; Fig. 6, 8; para [71]; the retaining member 6 includes a plurality of retaining elements 14; examiner interprets the exposed area of the retaining elements as the openings), and the first well further comprises a first wall projecting from a perimeter of the first opening (Fleming; Fig. 8; para [80]; the retaining member 6 includes a frame portion 48), and a first bottom portion coupled to the first wall opposite the first opening (Fleming; Fig. 8; para [80]; The bottom facing surfaces of the retaining elements 14 define a first tissue engaging surface 54), and the second well defines a second opening (Fleming; Fig. 6, 8; para [71]; the retaining member 6 includes a plurality of retaining elements 14; examiner interprets the exposed area of the retaining elements as the openings), and the second well further comprises a second wall projecting from a perimeter of the second opening (Fleming; Fig. 8; para [80]; bottom facing surfaces of the retaining elements 14), and a second bottom portion coupled to the second wall opposite the second opening (Fleming; Fig. 8; para [80]; The bottom facing surfaces of the retaining elements 14 define a first tissue engaging surface 54).
Regarding claim 15, Fleming teaches the cryogenic storage container of claim 14, further comprising a first perforation extending through one or more of the first wall or the first bottom portion, and a second perforation extending through one or more of the second wall or the second bottom portion (Fleming; Fig. 6, 8; para [72]; each retaining element 14 has a mesh structure and is moveably attached to retaining member 6).
Regarding claim 16, Fleming teaches the cryogenic storage container of claim 13, wherein the first and second well identification features are configured to provide information related to one or more of content of the first and second wells, a position of the first and second wells relative to the tray, or a position of the first well relative to the second well (Fleming; para [63]; an identifier 9 is associated with each tissue holding section 11 to more easily identify the samples within the tissue container. Also, the identifiers 9 may help identify the orientation of the tissue sample 2).
Regarding claim 17, Fleming teaches the cryogenic storage container of claim 13, wherein the first and second well identification features comprise one or more of an indicia, a barcode, a matrix code, a cut, a marking, a color code, a letter, a number, or a symbol (Fleming; para [64]; The label 7 or the identifier 9 may be a computer readable tag including, but not limited to, labels having an incorporated RFID, labels having an incorporated one-dimensional barcode (1-D barcode), labels having an incorporated two-dimensional barcode (2-D barcode), and labels having an incorporated three-dimensional barcode (3-D barcode)).
Regarding claim 19, Fleming teaches the cryogenic storage container of claim 13, wherein: the first well identification feature comprises a first barcode (Fleming; para [60, 64]; an identifier 9 may be attached to one or more tissue holding sections 11 …The label 7 or the identifier 9 may be a computer readable tag), the second well identification feature comprises a second barcode (Fleming; para [60, 64]; an identifier 9 may be attached to one or more tissue holding sections 11 …The label 7 or the identifier 9 may be a computer readable tag).
Modified Fleming fails to teach the cryogenic storage container further comprises an indicia positioned between the first and second barcodes.
However, Fleming teaches that the one or multiple labels can be placed in the sample holding sections, the lid, the base, or another area of the tissue container (Fleming; Fig. 1; para [62]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to arrange the indicia of Fleming in the manner of ----being between the first and second barcodes as Fleming teaches the labels can be placed in any area on the tissue container as this is a known and suitable arrangement for indicia in the art. Further, it is a matter of engineering design to arrange the ----indicia in different ways, where the change in form or shape, without any new or unexpected result, is an obvious engineering design. See In re Dailey, 149 USPQ 47 (CCPA 1966) (see MPEP § 2144.04). Finally, one would have a reasonable expectation of success by changing the arrangement of the indica to the claimed limitation as Fleming teaches this arrangement is a known and suitable arrangement in the art. The combination of familiar elements is likely to be obvious when it does no more than yield predictable results. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, A).
Regarding claim 20, Fleming teaches the cryogenic storage container of claim 13, wherein the first and second well identification features are configured for human interpretation, computer interpretation, or a combination thereof (Fleming; para [64]; The label 7 or the identifier 9 may be a computer readable tag).
Regarding claim 21, Fleming teaches the cryogenic storage container of claim 13, wherein the base is configured to transfer heat away from the first and second wells. The limitations are directed to the function and/or the manner of operating the base, all the structural limitations of the claim has been disclosed by Fleming in view Williamson and the base of modified Fleming is capable of being “configured to transfer heat away from the first and second wells”. As such, it is deemed that the claimed first well and the claimed second well is not differentiated from the base of modified Fleming (see MPEP §2114). Examiner notes that the base is capable of the intended function because any amount of heat present would be transferred away from the wells. Specifically, there would be some amount of heat transferred between the structures depending on the temperature of each element.
Regarding claim 22, Fleming teaches the cryogenic storage container of claim 13, further comprising a storage container identification feature on a surface of the tray or the lid, wherein the storage container identification feature is configured to provide information related to the first and second tissue samples contained in the first and second wells (Fleming; para [60, 62]; tracking the tissue sample containers 1, but also easily identifying the samples 2 within a container…a label 7 for each tissue sample container 1 as well as for each tissue sample 2 in the tissue sample container 1).
Claims 5 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Fleming in view of Williamson, and in further view of Yu et al (US 20100190170 A1; hereinafter “Yu”; already of record).
Regarding claim 5, modified Fleming teaches the cryogenic storage container of claim 2, with the first well identification feature and the second well identification feature.
Modified Fleming does not wherein: the first well identification feature comprises a first color at least partially surrounding a perimeter of the first opening, the second well identification feature comprises a second color at least partially surrounding a perimeter of the second opening, and the first color is a different hue than the second color.
However, Yu teaches an analogous art of a well plate (Yu; Abstract) comprising a first well identification feature (Yu; Fig. 1; para [16]; mask may be marked to label the alphanumeric well position of the plate) comprises a first color at least partially surrounding the perimeter of the first opening (Yu; para [17]; Each mask is advantageously marked for register or quadrant identification; identification can be by way of color coding, with a different color indicating a particular sector), the second well identification feature (Yu; Fig. 1; para [16]; mask may be marked to label the alphanumeric well position of the plate) comprises a second color at least partially surrounding the perimeter of the second opening, and the first color is a different hue than the second color (Yu; para [17]; Each mask is advantageously marked for register or quadrant identification; identification can be by way of color coding, with a different color indicating a particular sector). It would have been obvious to one of ordinary skill in the art by the effective filing date to have modified the first identification feature and the second identification feature of modified Fleming to be different colors as taught by Yu, because Yu teaches that the masks are made of colored transparent material allowing the user to confirm the proper alignment with the plate (Yu; para [16]).
Regarding claim 18, Fleming teaches the cryogenic storage container of claim 13, with the first well identification feature and the second well identification feature.
Modified Fleming does not wherein: the first well identification feature comprises a first color at least partially surrounding the perimeter of the first opening, the second well identification feature comprises a second color at least partially surrounding the perimeter of the second opening, and the first color is a different hue than the second color.
However, Yu teaches an analogous art of a well plate (Yu; Abstract) comprising a first well identification feature (Yu; Fig. 1; para [16]; mask may be marked to label the alphanumeric well position of the plate) comprises a first color at least partially surrounding the perimeter of the first opening (Yu; para [17]; Each mask is advantageously marked for register or quadrant identification; identification can be by way of color coding, with a different color indicating a particular sector), the second well identification feature (Yu; Fig. 1; para [16]; mask may be marked to label the alphanumeric well position of the plate) comprises a second color at least partially surrounding the perimeter of the second opening, and the first color is a different hue than the second color (Yu; para [17]; Each mask is advantageously marked for register or quadrant identification; identification can be by way of color coding, with a different color indicating a particular sector). It would have been obvious to one of ordinary skill in the art by the effective filing date to have modified the first identification feature and the second identification feature of modified Fleming to be different colors as taught by Yu, because Yu teaches that the masks are made of colored transparent material allowing the user to confirm the proper alignment with the plate (Yu; para [16]).
Response to Arguments
Applicants’ arguments filed, 2/2/2026, have been fully considered. The arguments are not found to be persuasive, and the non-persuasive arguments are addressed below.
In the Applicants’ arguments, on page 8, the Applicant indicates that the amended features were discussed in the previous interview. The Examiner notes that upon further search and consideration, the claim amendments do not overcome the prior art. Specifically, Fleming teaches a base having an upper surface (Fleming; Fig. 8; the upper surface is interpreted the surface that receives the biasing element) having a first pocket and a second pocket, wherein the first pocket and the second pocket are sized and positioned to respectively receive the first and second wells therein, (Fleming; Fig. 3B, 8; para [70, 71]; the tissue holding sections 11…a plurality of retaining elements 14 corresponding in number and in alignment with the sample holding sections 11; the side of the holding sections contacts the side of the retaining element as seen in Fig. 3B and Fig 8); and and a lower surface (Fleming; Fig. 8; the lower surface is interpreted the bottom of the opening within the base 4), wherein the upper surface is angled relative to the lower surface at a nonzero angle (Fleming; Fig. 8; para [84]; each biasing element 15 has a first member 60 with a first end 62 and a second end 66. The first end 62 is connected to the tissue retaining element 14. Extending downward at an angle from the second end 66 of the first member 60 is a first angled member 64; examiner notes that “a portion” of the upper surface is angled with respect to the lower surface because the base receives the biasing element).
In the Applicants’ arguments on pp 8, the arguments regarding the dependent claims merely refer back to the teachings of the references not meeting independent claims 1 and 13. However, the arguments regarding claim 1 and 13 are addressed above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Austin Q Le whose telephone number is (571)272-7556. The examiner can normally be reached Monday - Friday 9am - 5pm.
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/A.Q.L./Examiner, Art Unit 1796
/MATTHEW D KRCHA/Primary Examiner, Art Unit 1796
Prosecution Insights