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
Applicant’s election with traverse of group I in the reply filed on 01/05/2026 is acknowledged. Claims 18-20, 23-25, 27, 39-40, 45 and 61-62 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim.
Applicant disagrees with the restriction requirement mailed 11/05/2025. Applicant traverses on grounds that the claims are directed to a permissible combination that require the same corresponding special technical feature.
Examiner recognizes that the same corresponding technical feature is common to the groups. MPEP 1850 (II) states, in part:
Lack of unity of invention may be directly evident "a priori," i.e., before considering the claims in relation to any prior art, or may only become apparent "a posteriori," i.e., after taking the prior art into consideration. For example, independent claims to A + X, A + Y, X + Y can be said to lack unity a priori as there is no subject matter common to all claims. In the case of independent claims to A + X and A + Y, unity of invention is present a priori as A is common to both claims. However, if it can be established that A is known, there is lack of unity a posteriori, since A (be it a single feature or a group of features) is not a technical feature that defines a contribution over the prior art.
Examiner’s citation of art establishes that the common technical feature does not make over the art. As the technical feature does not define over the art, unity of invention is lacking.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/13/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Status
Claims 1-2, 4-8, 10-11, 14, 18-20, 23-25, 27, 39-40, 45 and 61-62 are pending with claims 1-2, 4-8, 10-11, 14 being examined, claims 18-20, 23-25, 27, 39-40, 45 and 61-62 are deemed withdrawn. Claims 3, 9, 12-13, 15-17, 21-22, 26, 28-38, 41-44 and 46-60 are canceled.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 4-8, 10-11, 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Knight (US 20140263153 A1; hereinafter “Knight” already of record).
Regarding claim 1, Knight teaches an apparatus for handling a labware item (Knight; fig. 4A. 400), comprising:
a body that is configured for complementary engagement with a pipetting head of a liquid handling system (Knight; fig. 4B. 430, and fig. 5E. 430, 310) such that movement of the pipetting head effects a corresponding movement of the apparatus (Knight; [0110] “the automated pipettor is lowered securably attached to the receptacle 100, as the pipettor is raised the receptacle is lifted”); and
a base that is coupled to the body (Knight; fig. 4B. 410), the base comprising at least one engagement feature that is configured to mechanically engage a surface of a labware item to releasably couple the labware item to the apparatus (Knight; fig. 4B. 445 and [0076]);
wherein each engagement feature of the at least one engagement feature is configured to engage either a first engagement feature positioned along a first outer surface of the labware item, or a second engagement feature positioned along a second outer surface of the labware item (Knight; fig. 4B. 445, 447).
Regarding claim 2, Knight teaches the apparatus of claim 1 (see above), wherein the body and the base are integrally formed as a monolithic structure (Knight; fig. 4A. 400, 410, 430, 435 and [0058] “the multi-well tray 400 may include a plurality of sets 435 of wells”).
Regarding claim 4, Knight teaches the apparatus of claim 1 (see above), wherein the at least one engagement feature comprises a plurality of engagement features (Knight; fig. 4B 445).
Regarding claim 5, Knight teaches the apparatus of claim 4 (see above), wherein the plurality of engagement features are spaced along a transverse axis that is perpendicular to a vertical axis (Knight; fig. 4B 445 illustrates what appears to be the engagement features space along a transverse axis that is perpendicular to a vertical axis).
Regarding claim 6, Knight teaches the apparatus of claim 5 (see above), wherein the plurality of engagement features (Knight; fig. 4B. 445) comprise first and second plungers that are respectively biased to extend outwardly relative to first and second engagement axes (Knight; fig. 4B. 445 illustrates locking arms that appear to have a plunger that engages with holes 447) that are perpendicular to the transverse axis (Knight; fig. 4B. 445) .
Regarding claim 7, Knight teaches the apparatus of claim 5 (see above), wherein the plurality of engagement features comprise first and second posts (Knight; fig. 6A. 437).
Regarding claim 8, Knight teaches the apparatus of claim 5 (see above), wherein the plurality of engagement features (Knight; fig. 4B. 445) comprise first and second latch elements (Knight; fig. 4A area below element 420 illustrates what appears to be first and second latch elements).
Regarding claim 10, Knight teaches the apparatus of claim 5 (see above), wherein the base comprises first and second legs (Knight; fig. 4B. 445) that receive respective portions of the first and second plungers (Knight; fig. 4B. open area of 447).
Regarding claim 11, Knight teaches the apparatus of claim 10 (see above), wherein the base further comprises at least one projection (Knight; fig. 7A. 475).
Regarding claim 14, Knight teaches the apparatus of claim 1 (see above), wherein the body defines a plurality of openings that are configured to receive a portion of a corresponding pipette structure of the pipetting head (Knight; fig. 4B. 430).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX RAMIREZ whose telephone number is (571)272-9756. The examiner can normally be reached Monday - Friday 8:00 - 5:00.
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/A.R./Examiner, Art Unit 1798
/CHARLES CAPOZZI/Supervisory Patent Examiner, Art Unit 1798