Prosecution Insights
Last updated: April 19, 2026
Application No. 17/426,226

LIQUID HANDLING INSTRUMENT AND PIPETTING HEAD FOR AND METHOD OF ASPIRATING AND/OR DISPENSING LIQUIDS

Non-Final OA §103
Filed
Jul 28, 2021
Examiner
LE, AUSTIN Q
Art Unit
1796
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Formulatrix Inc.
OA Round
3 (Non-Final)
49%
Grant Probability
Moderate
3-4
OA Rounds
3y 8m
To Grant
83%
With Interview

Examiner Intelligence

Grants 49% of resolved cases
49%
Career Allow Rate
74 granted / 152 resolved
-16.3% vs TC avg
Strong +34% interview lift
Without
With
+34.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
57 currently pending
Career history
209
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
51.5%
+11.5% vs TC avg
§102
19.6%
-20.4% vs TC avg
§112
25.5%
-14.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 152 resolved cases

Office Action

§103
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/23/2025 has been entered. Response to Amendment The amendments and remarks, filed on 12/23/2025, has been entered. The claim amendments fail to overcome the previous prior art rejection and is applied to address the claim amendments. The amendments and remarks, filed on 12/23/2025, has been entered. The applicant submits amendments to the claims, but does not appear to be marked. The format for entering is not correct and any future amendments require markings for any changes made to the claims. The amendments and remarks, filed on 5/23/2025, has been entered. The Specification objection has been withdrawn. Claim Status Claims 1-2, 4, and 6-25 are pending with claims 1-4 and 6-24 being examined and claim 25 is withdrawn. 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. Claim(s) 1-2, 4, and 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over Park et al (US 20150037803 A1; hereinafter “Park”; already of record on IDS filed 7/28/2021) in view of Tesluk et al (US 20210311082 A1; hereinafter “Tesluk”; priority filed on 9/11/2018; already of record). Regarding claim 1, Park teaches a liquid handling instrument (Park; Fig. 2, 3; Abstract; an apparatus and a method for automatically analyzing biological samples; examiner notes that the apparatus as taught by Park is capable of handling liquids with the pipettes), comprising: an instrument housing with an instrument deck (Park; Fig. 1, 3; para [190]; a guide part 130 fixed to the lower surface of the case 100; examiner interprets the instrument deck to comprise the bottom/base and the guide part 130); a pipetting head above the instrument deck (Park; Fig. 5, 6, 7, 8; para [36]; the moving part 600); a removable tray wherein the removable tray holds a plurality of microplates (Park; Fig. 1, 2, 9; para [25]; a base plate 700 including the multi-well plate kit 210 and the electrophoresis body 31…the base plate 700 to the outside of the case 100 and mounting the electrophoresis body 310, the pipette rack 510, the multi-well plate kit 210, the biological sample tube rack 280, the waste liquid vessel 740, the marker tube rack 910, and the marker tube 920 of the base plate 700), the instrument deck holding the removable tray (Park; Fig. 1, 2; para [25]; a base plate 700 including the multi-well plate kit 210 and the electrophoresis body 310 that are detachably provided therein and guided by a guide part 130 fixed to a lower surface of the case 100 to be movable through the opening part 110 in the length direction of the case 100). Park does not teach wherein at least one of the removable tray and the instrument deck has a unique identification number adapted for scanning or reading and wherein the unique identification number is associated with a protocol for operating the instrument simultaneously with respect to the plurality of microplates; and a controller adapted to execute program instructions to the liquid handling instrument in accordance with the scanned unique identification number and its associated protocol for optimizing running time of the liquid handling instrument in conjunction with the removable tray. However, Tesluk teaches an analogous art of an automated apparatus with a pipette assembly (Tesluk; Abstract; para [52]) comprising at least one removable tray (Tesluk; para [338]; rack 30) and an instrument deck (Tesluk; Fig. 8A; sample conversion module), wherein at least one of the removable tray and the instrument deck has a unique identification number (Tesluk; para [112]; each rack 30, 40, 50 includes a bar code, RFID, or some other identification tag which can be scanned upon entry into system 10) adapted for scanning or reading and wherein the unique identification number is associated with a protocol for operating the instrument (Tesluk; para [339]; When user inputs a rack 30 containing primary first-type containers 01 into I/O port 120, the barcode scanner at I/O port 120 scans a barcode on rack 30) simultaneously with respect to the plurality of microplates1 (Tesluk; para [340]; system 10 can identify rack 50 at I/O port 120 via a scan of the rack itself and then transport rack 50, once identified as a rack 50, to conversion module 720 or pre-preprocessing module 730 where a container 03 within rack 50 is removed by a decapper robot or a pick-and-place robot and individually scanned to further determine the type of load contained in rack 50); and a controller adapted to execute program instructions to the liquid handling instrument in accordance with the scanned unique identification number and its associated protocol for optimizing running time of the liquid handling instrument in conjunction with the removable tray (Tesluk; para [339]; Processor 804 recognizes sample rack 30…tagging allows processor 804 to determine the process flow for racks 30 and 40). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the removable tray and the instrument deck as taught by Park to comprise the unique identifier as taught by Tesluk, because Tesluk teaches that the barcode is scanned to determine the process flow of the racks (Tesluk; para [339]). Further, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the liquid handling instrument to comprise the processor as taught by Tesluk, because Tesluk teaches that the processor recognizes the barcode and stores the tag to help determine the process flow (Tesluk; para [339]). 1 The limitation is directed to the function and/or the manner of operating the unique identification number, all the structural limitations of the claim has been disclosed by Park in view of Tesluk and the unique identification number of modified Park is capable of being “associated with a protocol for operating the instrument simultaneously with respect to the plurality of microplates”. As such, it is deemed that the claimed unique identification number is not differentiated from the unique identification number of modified Park (see MPEP §2114). Regarding claim 2, modified Park teaches the liquid handling instrument of claim 1, wherein the removable tray includes handles (Park; Fig. 1, 2; para [53]; a base plate 700 including the multi-well plate kit 210 and the electrophoresis body 310 that are detachably provided therein and guided by a guide part 130 fixed to a lower surface of the case 100 to be movable through the opening part 110 in the length direction of the case 100). Regarding claim 4, modified Park teaches the liquid handling instrument of claim 3, further comprising a tip caddy atop one of the plurality of microplates (Park; Fig. 9; para [36]; a pipette rack 510 capable of storing the pipettes 500). Regarding claim 6, modified Park teaches the liquid handling instrument of claim 5 (Park is modified to teach the unique identification number as taught by Tesluk discussed above in claim 1), wherein the unique identification number is a 2D barcode or a radio-frequency identification tag (Tesluk; para [112]; each rack 30, 40, 50 includes a bar code, RFID, or some other identification tag which can be scanned upon entry into system 10). Regarding claim 7, modified Park teaches the liquid handling instrument of claim 1, further comprising a robotics instrumentation (Park; Fig. 4; examiner interprets the robotic instrumentation to be the all of the automated moving parts apparatus 1000) and a controller (Park; para [195]; the control part), the robotics instrumentation adapted to control the movement of the pipetting head with respect to the instrument deck (Park; para [165, 169]; X axis moving motor 622 and an X axis moving belt 623 connected to the X axis moving motor 622 to move the moving part 600 may be formed in the moving part 600… a Z axis motor 642 fixed to the moving part body 610; examiner notes that this is only part of the robotics instrumentation), and the controller adapted to execute program instructions to the liquid handling instrument (Park; para [195]; The control part is a component controlling the purification part 200, the nucleic acid amplification part 400, the electrophoresis part 300, and the moving part 600, and controls all of the components that need to be controlled). Regarding claim 8, Park teaches the liquid handling instrument of claim 1, further comprising one or multiple positive displacement pipette tips, the pipetting head being a multi-channel pipetting head integrated with a multi-position stage for manipulating the one or more positive displacement pipette tips (Park; para [36 the moving part 600 may include a pipette block 630 capable of mounting and detaching the pipettes 500). Examiner interprets the pipette 500 to be the “positive displacement” pipette tips because the pipettes taught by Park are replaceable/detachable. Regarding claim 9, Park teaches the liquid handling instrument of claim 8, wherein the pipetting head comprises: multiple plates arranged in a stack with respect to four threaded rods (Park; Fig. 5; Image 1; examiner interprets the multiples plates to be any of the planar elements that make up the moving part 600 as these “plates” are not further limited structurally); one or more motors that drive one or more respective timing belts, the one or more motors supported by the multiple plates (Park; Fig. 5; para [165, 169, 177]; X axis moving belt 623 connected to the X axis moving motor 622…Z axis moving belt 643 transferring rotation motion of the Z axis motor 642…a piston moving screw 635 rotated by a piston belt 633); and a top heat mounting plate (Park; Fig. 5; Image 1; examiner interprets the top heat mounting plate to be the top most planar element that make up the moving part 600 because “the top heat mounting plate” is not further limited structurally). PNG media_image1.png 837 718 media_image1.png Greyscale Image 1. Examiner’s interpretation of the multiple plates and four threaded rods. Regarding claim 10, Park teaches the liquid handling instrument of claim 9, wherein the multiple plates are substantially rectangular, the four threaded rods being arranged in substantially rectangular configuration correlating to the four corners of the multiple plates (Park; Fig. 5, 6, 7; Image 1; examiner notes as seen in Fig. 5 and Image 1 that the “plates” are mostly rectangle in shape and the four threaded rods are arranged in a rectangular configuration as seen in Fig. 5 the opening adjacent to arrow 644 is for the threaded rods above). Claims 11-15 and 18-21 are rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Tesluk, and in further view of Hamel et al (US 20020176803 A1; hereinafter “Hamel”; already of record on IDS filed 7/28/2021). Regarding claim 11, modified Park teaches the liquid handling instrument of claim 9, with the multiple plates. Modified Park does not teach wherein the multiple plates are eight plates arranged in order from bottom to top along the four threaded rods. However, Hamel teaches an analogous art of a multichannel pipetting system (Hamel; Abstract) comprising multiple plates, wherein the multiple plates are eight plates arranged in order from bottom to top along four threaded rods (Hamel; Fig. 17). Examiner interprets the multiples plates to be any of the planar elements that make up the pipetting head assembly because the “plates” are not further limited structurally and Hamel teaches at least 8 planar elements as seen in Fig. 17. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to determine, through routine experimentation, the optimum number of plates to a range of eight plates which would allow pipette head assembly to withdraw or expel liquids as taught by Hamel (Hamel; para [61]) (MPEP § 2144.05 (II)). Hamel teaches that multiple plate lifters are raised/lowered expel/withdraw fluids. Regarding claim 12, modified Park teaches the liquid handling instrument of claim 11, wherein the bottom plate of the multiple plates is held fixed at the bottom end of the four threaded rods the top plate is held fixed at the top of the four threaded rods (Park; Fig. 6, 7; examiner interprets the top most plate/structure as the top plate and the bottom most plate/structure, the pipette extrusion plate 638-1, as the bottom plate, and notes the bottom plate and top plate are fixed at the respective locations. The claim does not require the plates to be attached to the four threaded rods, but only that it is fixed above or below the four threaded roads), the remaining plates being arranged in pairs between the top and bottom plates and are moveable along the four threaded rods (Park; Fig. 6, 7; the remaining structures/plates can be arranged into pairs as these structures are movable along the threaded rods). Regarding claim 13, modified Park teaches the liquid handling instrument of claim 12, wherein the bottom plate is a pipette tip collet holder plate where the one or more positive displacement pipette tips are mounted (Park; para [39]; a pipette extrusion plate 638-1 having a hollow region corresponding to the pipette fixing protrusion part 644-1 and positioned so as to contact between a lower surface of the pipette block fixing plate 644 and an upper surface of the pipette 500 when the pipette 500 is mounted). Examiner interprets the pipette extrusion plate 638-1 as the pipette tip collet holder plate. Regarding claim 14, modified Park teaches the liquid handling instrument of claim 12, further comprising one or more pipette tip clamping mechanisms (Park; para [37]; the pipette 500 may be mounted on the pipette fixing protrusion part 644-1 through a pipette mounting part). Regarding claim 15, modified Park teaches the liquid handling instrument of claim 14, wherein the one or more motors is a clamping tip motor, wherein the one or more timing belts is a clamping tip timing belt, and wherein the clamping tip motor and the clamping tip timing belt are adapted to move one or more of the multiple plates away from or toward the bottom plate (Park; para [169, 170]; a Z axis motor 642 fixed to the moving part body 610, and a Z axis moving belt 643 transferring rotation motion of the Z axis motor 642 to the Z axis screw 641 in order to rotate the Z axis screw 641…the Z axis motor 642 is operated, the pipette block fixing plate 644 is moved along the Z axis guide bar 646 by rotation of the Z axis screw 641 fixed to the moving part body 610). Regarding claim 18, modified Park teaches the liquid handling instrument of claim 12, further comprising a set of zero-insertion force pipette plunger clamping mechanisms (Park; para [37]; the pipette 500 may be mounted on the pipette fixing protrusion part 644-1 through a pipette mounting part), one of one or more motors used for controlling the set of zero-insertion force pipette plunger mechanisms (Park; para [167, 170]; the pipette 500 is fixed to a pipette fixing protrusion part 644-1 by an operation of the pipette block fixing plate 644…the Z axis motor 642 is operated, the pipette block fixing plate 644 is moved along the Z axis guide bar 646). Examiner notes that the protrusion part 644-1 interpreted as the zero-insertion force pipette plunger clamping mechanisms is connected to the pipette block fixing plate 644 that moves with the z-axis motor. Regarding claim 19, modified Park teaches the liquid handling instrument of claim 18, wherein the one of the one or more motors is a clamping plunger motor, wherein one of the one or more timing belts is a clamping plunger timing belt, the clamping plunger motor and the clamping plunger timing belt being adapted to move one or more of the multiple plates away from or toward the bottom plate (Park; para [169, 170]; pipette block fixing plate 644 to be movable in the height direction, the case in which a Z axis screw 641, a Z axis screw nut 645, a Z axis guide bar 646, a Z axis guide bar slide 647, a Z axis motor 642 fixed to the moving part body 610, and a Z axis moving belt 643 transferring rotation motion of the Z axis motor 642 to the Z axis screw 641…the Z axis motor 642 is operated, the pipette block fixing plate 644 is moved along the Z axis guide bar 646). Regarding claim 20, modified Park teaches the liquid handling instrument of claim 12, further comprising a pipette plunger (Park; para [38]; a pipette adjusting part including pistons 631), wherein on of the one or more motors is used for controlling the pipette plunger (Park; para [177]; a piston motor 632 vertically moving the piston 631). Regarding claim 21, modified Park teaches the liquid handling instrument of claim 20, wherein one of one or more motors is a metering plunger motor (Park; para [177]; a piston motor 632 vertically moving the piston 631), wherein one of the one or more timing belts is a metering plunger timing belt (Park; para [177]; a piston belt 633), the metering plunger motor and the metering plunger timing belt being adapted to move one or more of the multiple plates away from or toward the bottom plate (Park; para [177]; a piston motor 632 vertically moving the piston 631, a piston moving screw 635 rotated by a piston belt 633, a piston moving screw nut 636 fixed to the piston fixing plate 634 to vertically move the piston fixing plate 634 by rotation of the piston moving screw 635, and the piston fixing plate 634 fixing the piston 631 and piston moving screw nut 636 on the piston 631). Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Tesluk, and in further view of Wasson et al (US 20160370396 A1; hereinafter “Wasson”; already of record). Regarding claim 16, modified Park teaches the liquid handling instrument of claim 9, wherein the one or more positive displacement pipette tips comprises: a pipette tip having an interface portion and a pipette tip body (Park; Fig. 8; examiner notes that the tip is the bottom of the pipette and the pipette tip body is the top portion which is attached moving part 600), the interface portion having an inner wall and a receptacle, the pipette tip body having a fluid channel along the length of the pipette tip body, and the fluid channel having an opening at the distal end of the fluid channel (Park; para [174]; pipette block fixing plate 644, to thereby adjust suction and discharge operations of the pipette 500). The examiner notes that the pipette comprises the inner wall and receptacle as these structures allow for samples to be discharge or withdrawn. Modified Park does not teach a pipette plunger positioned along the inside of the pipette tip, the pipette plunger having a plunger upper portion, a plunger centering portion, and a plunger tip having a distal tip portion, wherein the receptacle is adapted to receive the plunger centering portion, wherein the fluid channel is adapted to receive the distal tip portion of the plunger tip, wherein the one or more pipette tip clamping mechanisms are zero-insertion force pipette clamping mechanisms. However, Wasson teaches an analogous art of system for sample processing (Wasson; Abstract) comprising one or more positive displacement pipette tips (Wasson; Fig. 12; para [703]; positive displacement pipette) further comprising a pipette plunger positioned along the inside of the pipette tip (Wasson; para [706]; the tip of the positive displacement pipette may include a plunger; examiner interprets the pipette plunger to be part of the device attached to the pipette), the pipette plunger having a plunger upper portion, a plunger centering portion, and a plunger tip having a distal tip portion (Wasson; 14; examiner notes that the top is interpreted as the plunger upper portion, a plunger centering portion to be the middle, and the plunger tip to be the portion that attaches to the tubing/pipette), wherein the receptacle is adapted to receive the plunger centering portion (Wasson; para [772]; Tubing 4910 may be provided through the pipette head, and terminating at the pipette nozzle), wherein the fluid channel is adapted to receive the distal tip portion of the plunger tip (Wasson; para [773]; The plunger may provide metering within a pipette cavity), wherein the one or more pipette tip clamping mechanisms are zero-insertion force pipette clamping mechanisms (Wasson; para [271]; pipette tips are attached to and removed from pipettes which are part of the fluid handling system). It would have been obvious to one of ordinary skill in the art by the effective filing date to have modified the one or more displacement tips of modified Park to comprise the pipette plunger as taught by Wasson, because Wasson teaches that the pipette plunger displaces fluid (Wasson; para [706]). Regarding claim 17, modified Park teaches the liquid handling instrument of claim 16 (the one or more displacement tips of modified Park is modified to comprise the pipette plunger as taught by Wasson), wherein the one or more pipette plunger clamping mechanisms are provided in a central portion of the pipetting head, wherein each of the one or more pipette plunger mechanisms couples to a plunger of each of a respective positive displacement pipette tips (Wasson; Fig. 14; para [711]; A significant amount of motion rotating the screw may translate to a small amount of motion for the hammer pin sliding up and down, and thus, the plunger within the pipette tip). Claims 22-24 is rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Tesluk in view of Hamel, and in further view of Wasson et al (US 20160370396 A1; hereinafter “Wasson”; already of record). Regarding claim 22, modified Park teaches the liquid handling instrument of claim 12. Modified Park does not teach the liquid handling instrument further comprising one or more pipette plunger clamping mechanisms that are zero-insertion force pipette plunger clamping mechanisms. However, Wasson teaches an analogous art of system for sample processing (Wasson; Abstract) comprising one or more pipette plunger clamping mechanisms that are zero-insertion force pipette plunger clamping mechanisms (Wasson; Fig. 14; para [711]; The use of a screw helix may provide a high degree of control of the amount of fluid dispensed and/or aspirated. A significant amount of motion rotating the screw may translate to a small amount of motion for the hammer pin sliding up and down, and thus, the plunger within the pipette tip). It would have been obvious to one of ordinary skill in the art by the effective filing date to have modified the liquid handling instrument of modified Park to comprise the pipette plunger clamping mechanisms as taught by Wasson, because Wasson teaches that the pipette plunger displaces fluid (Wasson; para [706]). Regarding claim 23, modified Park teaches the liquid handling instrument of claim 22 (the liquid handling instrument of modified Park is modified to comprise the pipette plunger clamping mechanisms), wherein each of the one or more zero-insertion force pipette plunger clamping mechanisms include a plunger collet (Wasson; para [719]; the collet assembly 1420) and a pipette plunger lock mechanism (Wasson; para [719]; A positive displacement tip plunger 1450), the plunger collet including a shaft portion and a collet chuck portion for fitting around the plunger upper portion of the pipette plunger (Wasson; Fig. 14; para [719]; A positive displacement tip plunger 1450 may be connected to the collet assembly 1420. The plunger may be located beneath the collet assembly. The plunger may be located between the collet assembly and the tip). Regarding claim 24, modified Park teaches the liquid handling instrument of claim 23 (the liquid handling instrument of modified Park is modified to comprise the pipette plunger clamping mechanisms), wherein the collet chuck portion is a segmented band or sleeve for fitting round the plunger upper portion of the pipette plunger (Wasson; Fig. 12, 13; para [719; A positive displacement tip plunger 1450 may be connected to the collet assembly 1420). Examiner notes the collet mechanism is shown as an exploded image in Fig. 12 and a “portion” of the collet is connected to the plunger as seen in Fig. 13. Response to Arguments Applicant’s arguments filed, 12/23/2025, have been considered and not found to be persuasive. The non-persuasive arguments are addressed below. In the Applicant’s arguments, on page 8-9, the Applicant argues Park in view of Tesluk fails to teach the amended claim limitations of “a removable tray wherein the removable tray holds a plurality of microplates” and “wherein the unique identification number is associated with a protocol for operating the instrument simultaneously with respect to the plurality of microplates”. The examiner respectfully disagrees. Park teaches a removable tray wherein the removable tray holds a plurality of microplates (Park; Fig. 1, 2, 9; para [25]; a base plate 700 including the multi-well plate kit 210 and the electrophoresis body 31…the base plate 700 to the outside of the case 100 and mounting the electrophoresis body 310, the pipette rack 510, the multi-well plate kit 210, the biological sample tube rack 280, the waste liquid vessel 740, the marker tube rack 910, and the marker tube 920 of the base plate 700). The examiner interprets the different components as the plurality of microplates as the multi-well plate, electrophoresis body, and the pipette rack are positioned on the removable tray. Further, the Examiner does not rely on Tesluk to teach the plurality of microplates, but rather relies on Tesluk to each the unique identification number. The amended limitation is directed to the function and/or the manner of operating the unique identification number, all the structural limitations of the claim has been disclosed by Park in view of Tesluk and the unique identification number of modified Park is capable of being “associated with a protocol for operating the instrument simultaneously with respect to the plurality of microplates”. As such, it is deemed that the claimed unique identification number is not differentiated from the unique identification number of modified Park (see MPEP §2114). In response to applicant's argument, on page 9, that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “interchangeable removable trays with a unique ID”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). In the Applicant’s arguments on pp 9-10, the Applicant argues that the applicant argues regarding dependent claims merely refer back to the teachings of the references not meeting independent claim 1. However, the arguments regarding claim 1 are addressed above. Conclusion 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. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Elizabeth Robinson can be reached at (571)272-7129. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /A.Q.L./Examiner, Art Unit 1796 /ELIZABETH A ROBINSON/Supervisory Patent Examiner, Art Unit 1796
Read full office action

Prosecution Timeline

Jul 28, 2021
Application Filed
Feb 20, 2025
Non-Final Rejection — §103
May 23, 2025
Response Filed
Sep 17, 2025
Final Rejection — §103
Dec 23, 2025
Request for Continued Examination
Dec 28, 2025
Response after Non-Final Action
Jan 09, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
49%
Grant Probability
83%
With Interview (+34.5%)
3y 8m
Median Time to Grant
High
PTA Risk
Based on 152 resolved cases by this examiner. Grant probability derived from career allow rate.

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