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 Amendment filed on 2/27/2026 has been entered. Claims 21-40 remain pending in the application.
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 (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 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) 21-33 and 35-39 is/are rejected under 35 U.S.C. 103 as being unpatentable over United States Application Publication No. 2018/0059395, hereinafter Gholap in view of United States Application Publication No. 2012/0290127, hereinafter Neef.
Regarding claim 21, Gholap teaches a method, comprising:(a) storing a plurality of slide racks in a slide rack carousel (abstract) operatively coupled with a digital slide scanner apparatus (paragraph [0018]), each slide rack supporting a plurality of glass slides (abstract and paragraph [0003]); and (b) conveying a first glass slide to a scanning stage of the digital slide scanner apparatus (paragraph [0028]) which includes (iv) subsequent to removing the first slide rack from the slide rack carousel, conveying the first slide rack toward the scanning stage (paragraph [0022]).
Gholap fails to teach the conveying the glass slides include (i) driving a finger mount including a first gripper finger and a second gripper finger along a gross motor axis to position the first gripper finger and the second gripper finger proximate opposing sides of a selected slide rack supporting the first slide, (ii) subsequent to the first gripper finger and the second gripper finger being positioned proximate opposing sides of the selected slide rack, driving the first gripper finger and the second gripper finger toward each other along a first fine motor axis to grip the selected slide rack with the first gripper finger and the second gripper finger, (iii) subsequent to gripping the selected slide rack with the first gripper finger and the second gripper finger, driving the finger mount along the gross motor axis, and driving the first gripper finger and the second gripper finger along a second fine motor axis, to remove the selected slide rack from the slide rack carousel each of the first gripper finger and second gripper finger extending longitudinally away from the second find motor axis.
Neef teaches a system for linear transport of slide rack which includes (i) driving a finger mount (Neef, item 76) including a first gripper finger and a second gripper finger (Neef, items 88 and 90) along a gross motor axis to position the first gripper finger and the second gripper finger proximate opposing sides of a selected slide rack supporting the first slide (Neef, P2, paragraphs [0051]-[0052]), (ii) subsequent to the first gripper finger and the second gripper finger being positioned proximate opposing sides of the selected slide rack, driving the first gripper finger and the second gripper finger toward each other along a first fine motor axis to grip the selected slide rack with the first gripper finger and the second gripper finger (Neef, paragraph [0055]), (iii) subsequent to gripping the selected slide rack with the first gripper finger and the second gripper finger, driving the finger mount along the gross motor axis (Neef, P2, paragraphs [0051]-[0052]), and driving the first gripper finger and the second gripper finger along a second fine motor axis (Neef, P1, paragraphs [0051]-[0052]), to remove the selected slide rack from the slide rack carousel (Neef, paragraphs [0051]-[0052]), each of the first gripper finger and second gripper finger extending longitudinally away from the second find motor axis (Neef, figure 3) so that transport can be along any desired path within these transport planes, so that, by simple means, a transport unit is created which is capable of transferring and removing the racks directly to/from all units and areas of the system (Neef, paragraph [0016]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have utilized the slide rack transport device of Neef to transport the slides in Gholap because it would allow for transferring and removing the racks directly to/from all units and areas of the system (Neef, paragraph [0016]).
Regarding claim 22, modified Gholap teaches the step of conveying the first glass slide further includes driving the first gripper finger and the second gripper finger along the first fine motor axis to a predetermined distance between a slide rack engagement surface of the first gripper finger and a slide rack engagement surface of the second gripper finger (Neef, paragraph [0055]).
Regarding claim 23, modified Gholap teaches the act of driving the first gripper finger and the second gripper finger along the first fine motor axis to the predetermined distance includes driving the first gripper finger and the second gripper finger toward each other (Neef, paragraph [0055]).
Regarding claim 24, modified Gholap teaches the act of driving the first gripper finger and the second gripper finger along the first fine motor axis to the predetermined distance includes driving the first gripper finger and the second gripper finger away from each other (Neef, paragraph [0055]).
Regarding claim 25, modified Gholap teaches the act of driving the finger mount along the gross motor axis to position the first gripper finger and the second gripper finger proximate opposing sides of the selected slide rack including driving the finger mount along the gross motor axis to position the first gripper finger in a first rack spacer recess on a first side of the selected slide rack supporting the first slide and to position the second gripper finger in a second rack spacer recess on a second side of the selected slide rack (Neef, paragraphs [0051]-[0052]).
Regarding claim 26, modified Gholap teaches the act of gripping the selected slide rack including driving the first gripper finger and the second gripper finger toward each other along the first fine motor axis to bring a slide rack engagement surface of the first gripper finger in contact with a first surface of the selected slide rack and to bring a slide rack engagement surface of the second gripper finger in contact with a second surface of the selected slide rack (Neef, paragraph [0055]).
Regarding claim 27, modified Gholap teaches the step of conveying the first glass slide further includes driving the first gripper finger and the second gripper finger along a second fine motor axis (Neef, P1, paragraphs [0052]-[0053]).
Regarding claim 28, modified Gholap teaches act of gripping the selected slide rack including driving the first gripper finger and the second gripper finger along both the first fine motor axis and the second fine motor axis (paragraphs [0053] and [0055]).
Regarding claim 29, modified Gholap teaches the second fine motor axis being perpendicular relative to the first fine motor axis (paragraphs [0053] and [0055]).
Regarding claim 30, Gholap teaches a method, comprising:(a) storing a plurality of slide racks in a slide rack carousel (abstract) operatively coupled with a digital slide scanner apparatus (paragraph [0018]), each slide rack supporting a plurality of glass slides (abstract and paragraph [0003]); and (b) conveying a first glass slide to a scanning stage of the digital slide scanner apparatus (paragraph [0028]) by: (v) subsequent to removing the first slide rack from the slide rack carousel, conveying the first slide rack toward the scanning stage (paragraph [0022]).
Gholap fails to teach (i) driving a first gripper finger attached to a finger mount of a slide rack gripper and a second gripper finger attached to the finger mount along a linear gripper finger grasp axis to a predetermined distance between a slide rack engagement surface of the first gripper finger and a slide rack engagement surface of the second gripper finger, (ii) driving the finger mount along a first linear finger mount axis to position the first gripper finger in a first rack spacer recess on a first side of a first slide rack supporting the first slide and to position the second gripper finger in a second rack spacer recess on a second side of the first slide rack, (iii) subsequent to the first gripper finger and the second gripper finger being positioned on respective first and second sides of the first slide rack, driving the first gripper finger and the second gripper finger toward each other along the linear gripper finger grasp axis to bring the slide rack engagement surface of the first gripper finger in contact with a first surface of the first slide rack and to bring the slide rack engagement surface of the second gripper finger in contact with a second surface of the first slide rack, (iv) subsequent to contact between the respective slide rack engagement surfaces of the first and second gripper fingers and the first and second surfaces of the first slide rack, driving the finger mount along the first linear finger mount axis and a second linear finger mount axis to remove the first slide rack from the slide rack carousel, the first gripper finger and the second gripper finger extending longitudinally away from the second finger mount axis.
Neef teaches a system for linear transport of a slide rack which includes (i) driving a first gripper finger (Neef, item 88) attached to a finger mount (Neef, item 76) of a slide rack gripper and a second gripper finger (Neef, item 90) attached to the finger mount (Neef, item 76) along a linear gripper finger grasp axis to a predetermined distance between a slide rack engagement surface of the first gripper finger and a slide rack engagement surface of the second gripper finger (Neef, paragraphs [0051]-[0052]), (ii) driving the finger mount along a first linear finger mount axis to position the first gripper finger in a first rack spacer recess on a first side of a first slide rack supporting the first slide and to position the second gripper finger in a second rack spacer recess on a second side of the first slide rack (Neef, P2, paragraphs [0051]-[0052]), (iii) subsequent to the first gripper finger and the second gripper finger being positioned on respective first and second sides of the first slide rack, driving the first gripper finger and the second gripper finger toward each other along the linear gripper finger grasp axis to bring the slide rack engagement surface of the first gripper finger in contact with a first surface of the first slide rack and to bring the slide rack engagement surface of the second gripper finger in contact with a second surface of the first slide rack (Neef, paragraph [0055]), (iv) subsequent to contact between the respective slide rack engagement surfaces of the first and second gripper fingers and the first and second surfaces of the first slide rack, driving the finger mount along the first linear finger mount axis (Neef, P2, paragraphs [0051]-[0052]) and a second linear finger mount axis (Neef, P1, paragraphs [0051]-[0052]) to remove the first slide rack from the slide rack carousel (Neef, paragraphs [0051]-[0052]), the first gripper finger and the second gripper finger extending longitudinally away from the second finger mount axis (Neef, figure 3) so that transport can be along any desired path within these transport planes, so that, by simple means, a transport unit is created which is capable of transferring and removing the racks directly to/from all units and areas of the system (Neef, paragraph [0016]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have utilized the slide rack transport device of Neef to transport the slides in Gholap because it would allow for transferring and removing the racks directly to/from all units and areas of the system (Neef, paragraph [0016]).
Regarding claim 31, modified Gholap teaches wherein driving the first gripper finger and the second griper finger along the gripper finger grasp axis includes driving the first gripper finger and the second gripper finger toward each other (Neef, paragraph [0055]).
Regarding claim 32, modified Gholap teaches wherein driving the first gripper finger and the second gripper finger along the gripper finger grasp axis comprises driving the first gripper finger and the second gripper finger away from each other (Neef, paragraph [0055]).
Regarding claim 33, modified Gholap teaches the act of driving the finger mount along the first linear finger mount axis to position the first gripper finger and the second finger gripper includes driving the finger mount in a first direction along the first linear finger mount axis, the act of driving the finger mount along the first linear finger mount axis to remove the first slide rack from the slide rack carousel includes driving the finger mount in a second direction along the first linear finger mount axis, the first direction being opposite the second direction (Neef, paragraphs [0051]-[0052]).
Regarding claim 35, Gholap teaches further comprising the step rotating the slide rack carousel to convey a second glass slide to the scanning stage (paragraph [0024]).
Regarding claim 36, Gholap teaches a non-transitory computer readable medium having stored thereon one or more sequences of instructions for causing one or more processors to perform (paragraph [0048]) comprising: (a) storing a plurality of slide racks in a slide rack carousel (abstract) operatively coupled with a digital slide scanner apparatus (paragraph [0018]), wherein each slide rack supports a plurality of glass slides (abstract and paragraph [0003]); and (b) conveying a first glass slide to a scanning stage of the digital slide scanner apparatus (paragraph [0028]) by: (v) subsequent to removing the first slide rack from the slide rack carousel, conveying the first slide rack toward the scanning stage (paragraph [0022]).
Gholap fails to teach (i) driving a first gripper finger attached to a finger mount of a slide rack gripper and a second gripper finger attached to the finger mount along a linear gripper finger grasp axis to a predetermined distance between a slide rack engagement surface of the first gripper finger and a slide rack engagement surface of the second gripper finger, (ii) driving the finger mount along a first linear finger mount axis to position the first gripper finger in a first rack spacer recess on a first side of a first slide rack supporting the first slide and to position the second gripper finger in a second rack spacer recess on a second side of the first slide rack, (iii) subsequent to the first gripper finger and the second gripper finger being positioned on respective first and second sides of the first slide rack, driving the first gripper finger and the second gripper finger toward each other along the linear gripper finger grasp axis to bring the slide rack engagement surface of the first gripper finger in contact with a first surface of the first slide rack and to bring the slide rack engagement surface of the second gripper finger in contact with a second surface of the first slide rack, (iv) subsequent to contact between the respective slide rack engagement surfaces of the first and second gripper fingers and the first and second surfaces of the first slide rack, driving the finger mount along the first linear finger mount axis and a second linear finger mount axis to remove the first slide rack from the slide rack carousel, the first gripper finger and the second gripper finger extending longitudinally away from the second finger mount axis.
Neef teaches a system for linear transport of a slide rack which includes (i) driving a first gripper finger (Neef, item 88) attached to a finger mount (Neef, item 76) of a slide rack gripper and a second gripper finger (Neef, item 90) attached to the finger mount (Neef, item 76) along a linear gripper finger grasp axis to a predetermined distance between a slide rack engagement surface of the first gripper finger and a slide rack engagement surface of the second gripper finger (Neef, paragraphs [0051]-[0052]), (ii) driving the finger mount along a first linear finger mount axis to position the first gripper finger in a first rack spacer recess on a first side of a first slide rack supporting the first slide and to position the second gripper finger in a second rack spacer recess on a second side of the first slide rack (Neef, paragraphs [0051]-[0052]), (iii) subsequent to the first gripper finger and the second gripper finger being positioned on respective first and second sides of the first slide rack, driving the first gripper finger and the second gripper finger toward each other along the linear gripper finger grasp axis to bring the slide rack engagement surface of the first gripper finger in contact with a first surface of the first slide rack and to bring the slide rack engagement surface of the second gripper finger in contact with a second surface of the first slide rack (Neef, paragraph [0055]), subsequent to contact between the respective slide rack engagement surfaces of the first and second gripper fingers and the first and second surfaces of the first slide rack, driving the finger mount along the first linear finger mount axis (Neef, P2, paragraphs [0051]-[0052]) and a second linear finger mount axis (Neef, P1, paragraphs [0051]-[0052]) to remove the first slide rack from the slide rack carousel (Neef, paragraphs [0051]-[0052]), the first gripper finger and the second gripper finger extending longitudinally away from the second finger mount axis (Neef, figure 3) so that transport can be along any desired path within these transport planes, so that, by simple means, a transport unit is created which is capable of transferring and removing the racks directly to/from all units and areas of the system (Neef, paragraph [0016]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have utilized the slide rack transport device of Neef to transport the slides in Gholap because it would allow for transferring and removing the racks directly to/from all units and areas of the system (Neef, paragraph [0016]).
Regarding claim 37, modified Gholap teaches wherein driving the first gripper finger and the second griper finger along the gripper finger grasp axis includes driving the first gripper finger and the second gripper finger toward each other (Neef, paragraph [0055]).
Regarding claim 38, modified Gholap teaches wherein driving the first gripper finger and the second gripper finger along the gripper finger grasp axis comprises driving the first gripper finger and the second gripper finger away from each other (Neef, paragraph [0055]).
Regarding claim 39, modified Gholap teaches the act of driving the finger mount along the first linear finger mount axis to position the first gripper finger and the second finger gripper includes driving the finger mount in a first direction along the first linear finger mount axis, the act of driving the finger mount along the first linear finger mount axis to remove the first slide rack from the slide rack carousel includes driving the finger mount in a second direction along the first linear finger mount axis, the first direction being opposite the second direction (Neef, paragraphs [0051]-[0052]).
Claim(s) 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gholap and Neef as applied to claim 30 above, and further in view of United States Application Publication No. 2012/0286531, hereinafter Hajrovic.
Regarding claim 34, Gholap and Neef teach all limitations of claim 30; however, they fail to teach the act of driving the first gripper finger and the second gripper finger toward each other including aligning the first slide rack with the first finger gripper and the second finger gripper using one or more protrusions extending from the slide engagement surface of the first gripper finger and the second gripper finger.
Hajrovic teaches a slide rack gripper device which has gripping arms with protrusions on each of the arms (Hajrovic, figure 5 and paragraph [0029]) as it allows for a high level of safety during transport and makes it easier to transport the racks when they are introduced into the automated system (Hajrovic, paragraph [0009]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have added finger protrusions (which would act as aligners) on each of the gripper fingers because it would allow for a high level of safety during transports and make it easier to transport the tracks when they are introduced into the automated system (Hajrovic, paragraph [0009]).
Claim(s) 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gholap and Neef as applied to claim 36 above, and further in view of Hajrovic.
Regarding claim 40, Gholap and Neef teach all limitations of claim 36; however, they fail to teach the act of driving the first gripper finger and the second gripper finger toward each other including aligning the first slide rack with the first finger gripper and the second finger gripper using one or more protrusions extending from the slide engagement surface of the first gripper finger and the second gripper finger.
Hajrovic teaches a slide rack gripper device which has gripping arms with protrusions on each of the arms (Hajrovic, figure 5 and paragraph [0029]) as it allows for a high level of safety during transport and makes it easier to transport the racks when they are introduced into the automated system (Hajrovic, paragraph [0009]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have added finger protrusions (which would act as aligners) on each of the gripper fingers because it would allow for a high level of safety during transports and make it easier to transport the tracks when they are introduced into the automated system (Hajrovic, paragraph [0009]).
Response to Arguments
Applicant's arguments filed 2/27/2026 have been fully considered but they are not persuasive.
Regarding applicant’s argument that the features of “each of the first gripper finger and the second gripper finger extending longitudinally away from the second fine motor axis is not taught or suggested by the combined art of record is not found persuasive. The examiner has defined the axis of P1 as the second fine motor axis and the first and second gripper fingers extend longitudinally away from P1 as is seen in figure 3 of Neef. As the gripper fingers extend longitudinally away from the second fine motor axis (P1), the combined references of Gholap and Neef teach all of the limitations of the claim.
Similarly, for claims 30 and 36, the second linear finger mount axis is considered to be P1 and the first and second gripper fingers extend longitudinally away from the second linear finger mount axis (P1), and therefore the combined references of Gholap and Neef teach all of the limitations of the claim.
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 MATTHEW D KRCHA whose telephone number is (571)270-0386. The examiner can normally be reached M-Th 7am-5pm.
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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.
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/MATTHEW D KRCHA/Primary Examiner, Art Unit 1796
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