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 .
Applicant’s filing of claims 1-18 on 11/14/22 on acknowledged. Claims 1-18 are pending and are under examination.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/22/23 was acknowledged. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 5 and 12 are rejected because it claims a recites a use, e.g., “used for,” in a system claim, which is an apparatus-type of claim. Thus, it is unclear how the “used for” step structurally further defines the claimed system. For examination purposes, the claim language will be given the appropriate weight and interpreted as functional claim language.
Claims 1, 5 and 12 are rejected because “at least two positioning markers, formed at two sides of the container structure” does not appear to particularly point out and distinctly claim the subject matter because claim 1, for example, appears to show the positioning markers 100A, 100B at two sides of the test strip detecting carrier 10, or at two sides next to the container structure 102 (represented by dotted lines).
Claim Interpretation
The Office asserts that terms and phrases like “for” and “wherein” constitute recitations of intended use language for purposes of examination. The Office asserts that in the examined claims reciting such “for” language, the claim language that follows such recitations does not necessarily denote structure MPEP 2173.05(g). The functional limitation was evaluated and considered, for what it fairly conveys to a person of ordinary skill in the art. Similarly, a “wherein” clause may have a limiting effect on a claim if the language limits the claim to a particular structure. MPEP 2111.04. The determination of whether a “wherein” clause is a limitation in a claim depends on the specific facts of the case. While all words in each claim are considered in judging the patentability of the claim language, including functional claim limitations, not all limitations provide a patentable distinction.
During patent examination, the examined claims must be given their broadest reasonable interpretation consistent with the specification, unless a term has been given a special definition in the specification (“BRI”). See MPEP 2111.
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 1-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rowe et al. (“Rowe,” US Pub. No. 2022/0084659).
As to claim 1, Rowe discloses a test strip detecting carrier for a test strip detecting system (e.g., [0034] et seq.), comprising:
a container structure (e.g., [0064] et seq.), used for containing a test strip; at least two positioning markers (e.g., [0039] et seq., especially [0051]), formed at two sides of the container structure (see figs. 4A-B, [0065] discloses markers at two sides of the housing); and
a plurality of colorimetric calibrating blocks, embedded inside the at least two positioning markers (e.g., [0063] et seq.);
wherein the test strip reacts with a specimen to generate at least one color block (e.g., [0034] and [0063]).
As to claim 2, see cover in figs. 4C-D and [0067] et seq.
As to claim 3, see figs. 4A-B.
As to claims 4, 6 and 13, see e.g., [0039] et seq.
As to claims 5 and 12, Rowe discloses a test strip detecting system, comprising:
a test strip detecting carrier for a test strip detecting system (e.g., [0034] et seq.), comprising: a container structure (e.g., [0064] et seq.), used for containing a test strip; at least two positioning markers (e.g., [0039] et seq., especially [0051]), formed at two sides of the container structure (see figs. 4A-B, [0065] discloses markers at two sides of the housing); and a plurality of colorimetric calibrating blocks, embedded inside the at least two positioning markers (e.g., [0063] et seq.); wherein the test strip reacts with a specimen to generate at least one color block (e.g., [0034] and [0063]); and
a mobile communication device (mobile computing device 114, [0028] et seq.), comprising: an image capturing unit (image sensor, [0028] et seq.); a processing unit, configured to execute a program code (mobile computing device executes an application to user by displaying on-screen instructions and/or guidance in [0082]; operating system or custom software build in [0104]); and a storage unit, coupled to the processing unit to store the program code (code for algorithm can come from cloud storage, [0104] et seq.), wherein the program code is configured to instruct the processing unit to execute a test strip detecting method, and
the test strip detecting method comprises (see fig. 5 and [0075] et seq.): controlling the image capturing unit to capture an original image of the test strip placed in the test strip detecting carrier, and to store the original image in the storage unit (e.g., [0028] et seq.); detecting the at least two positioning markers in the original image to obtain a plurality of coordinates of the at least two positioning markers; performing image coordinate calibration according to the plurality of coordinates to generate a calibrated image ([0053] et seq.); and performing colorimetric calibration for the color blocks and the plurality of colorimetric calibrating blocks according to the calibrated image so as to generate a test result (e.g., [0053] et seq.). See also MPEP 2112.01.
As to claims 7 and 14, see e.g., [0078] et seq.
As to claims 8 and 15, see e.g., [0096] for perspective transformations.
As to claims 9 and 16, see e.g., [0063].
As to claims 10-11 and 17-18, see e.g., [0061] et seq.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LORE RAMILLANO JARRETT whose telephone number is (571)272-7420. The examiner can normally be reached Monday to Friday.
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, Lyle Alexander can be reached at 571-272-1254.
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/LORE R JARRETT/Primary Examiner, Art Unit 1797
11/1/2025