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 .
Election/Restrictions
Claims 8-21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II and III, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/13/26.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Holmes et al. (US 2013/0074614).
Regarding claim 1, Holmes discloses a pipetting device for processing a fluid sample (71) comprising:
a receiving element (fig. 12-14, ref. 1204) and
a pipette tip (1200, pipette nozzle; or in a separate embodiment the plurality of pipette nozzles fixed on a module) detachably arranged on the receiving element (1204, see fig. 12-14; pipette nozzle can be removed from element 1204);
a displacement element (fig. 51, pump that moves fluid into or out of the pipette tip; para 305,649-653), flow-connected to the pipette tip and configured to generate a flow for receiving or ejecting the fluid sample (para 649-653; a fluid sample is not positively recited in the instant claims),
the pipetting device comprising an optically transparent extension (pipette tip, para 155, 729, optical detection of fluid within pipette tip transparent pipette nozzle), detachably arranged on the pipette tip such that the extension is flow-connected to the displacement element via the pipette tip, so that the fluid sample is capable of being received into the extension or is capable of being ejected from the extension by the flow generated the displacement element (this limitation does not further structurally limit the instant claim. The pipette tip is detachably removed from the pipette nozzle; para. 131-132, 594, 957).
Regarding claim 2, the pipetting device according to claim 1, wherein the displacement element is integrated into the receiving element (see fig. 50-53, all elements are integrated and connect together).
Regarding claim 3, the pipetting device according to claim 1, wherein the extension (pipette tip) comprises an attachment region (top opening of the pipette tip) and is arranged on the pipette tip and comprises a measuring region (area where optical measurement occurs) arranged on the attachment region at which an analysis of the fluid sample is configured to be performed (there is no structure which performs analysis of a fluid that is positively claimed. Further the fluid is not positively claim).
Regarding claim 4, the pipetting device according to claim 2, wherein the attachment region is arranged at a dispensing region (top of the pipette tip receives fluid from the pipette nozzle) of the pipette tip, at which the dispensing region configured to receive the fluid sample can be received into the pipette tip (12) and can be ejected eject the fluid sample from the pipette tip (the pipette tip can dispense fluid from the bottom or can suck fluid from the bottom and up through the dispensing region).
Regarding claim 5, the pipetting device according claim1, wherein the optically transparent extension comprises a polymer (para 862;729,734-735).
Regarding claim 6, the pipetting device according to claim 1, wherein the optically transparent extension (pipette tip) comprises an amorphous polymer (para 862).
Regarding claim 7, the pipetting device according to claim 1, wherein a cross-sectional profile of the optically transparent is rectangular (para 827-829).
Response to Arguments
Applicant's arguments filed 8/12/25 have been fully considered but they are not persuasive.
Applicant argues, “The cited art fails to disclose such a pipetting device for processing a fluid sample. In particular, the Office Action suggests that the pipette tip 1200 in Holmes corresponds to the claimed pipette tip and is detachably arranged on a receiving element (sleeve 1204). The Office Action then cites paragraph para 0155 in Holmes as disclosing an optically transparent extension. Paragraph 0155 states that the pipette tip can be formed of an optically transparent material. The Examiner Office Action notes that in Holmes, the pipette tip 1200 is detachably removable from the pipette nozzle (nozzle 1202). In other words, the present invention as recited in claim 1 requires 1) a pipette tip detachably arranged on a receiving element; and 2) an optically transparent extension detachably arranged on the pipette tip - three elements each detachably arranged. The cited art only discloses two elements (the pipette tip and the nozzle 1202/sleeve 1204) that are detachable. Thus, while the pipette tip 1200 is detachably removable from the pipette nozzle (nozzle 1202/sleeve 1204) there is no additional structure that is detachable from the pipette tip 1200.” Applicant has not claimed any structure that makes the optically transparent extension detachably arranged on the pipette tip. Holmes provides a pipette tip 1200 with an optically transparent extension arranged thereon, the lower unit of the pipette tip 1200. The lower unit is structurally detachable by a force to be removed. Applicant should structurally distinguish from the prior art, such as the optically transparent extension has a first proximal opening that is larger than the distal end of the pipette tip and is fitted thereon, see fig. 1 ref. 13 optical extension is fitted over pipette tip 12.
Conclusion
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 SAMUEL P SIEFKE whose telephone number is (571)272-1262. The examiner can normally be reached Monday-Friday 8-5.
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, Maris Kessel can be reached at 571-270-7698. 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.
/SAMUEL P SIEFKE/ Primary Examiner, Art Unit 1758