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 without traverse of Group I, claims 1-38 and 70-73 in the reply filed on 7/202/2026 is acknowledged.
Claim Interpretation
Applicants recite “capable of”, it is reminded that a prior art reference meets a “capable of” limitation if the disclosed structure is reasonable capable of performing the claimed function, even if the reference does not use it that way.
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.
Claim(s) 1-38 and 70-73 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Williamson (US 2008/0138854).
Regarding claim 1, Williamson teaches a histologic tissue sample support device comprising a tissue cassette (10) having a recess (30) including at least one side wall and a bottom wall (34) the tissue cassette (10) formed of material that can be successfully sectioned in a microtome and is resistant to degradation from solvents and chemicals used to fix, process and stain tissue ([0002]); a frame (14) including an interior and a bottom edge (14a, 14b, 14c or 14d); and a lid (12a), wherein the lid (12a) and the tissue cassette (10) are capable of moving from a first position to a second position within the interior of the frame, and in the second position the bottom wall and at least a portion of the side wall extend beyond the bottom edge of the frame for sectioning in the microtome, and wherein the lid (12a) is sized and configured to snap fit to the frame. Williamson teaches in paragraph [0041], “As further illustrated in FIG. 9, the lid 12a' may be closed and locked in a snap fit manner utilizing the three mating connectors 60, 62 by depressing the lid 12a' with a single finger 64 of the user. As previously discussed, the cassette 12' may be depressed entirely as a unit from the upper position in the frame 14, illustrated in FIG. 9, to the lower position shown in FIG. 10.”
Regarding claim 2, the lid (12a) is configured to retain a tissue sample (40) in the recess of the tissue cassette against the bottom wall. (Refer to Figures 3 and 4)
Regarding claim 3, the tissue cassette (10) is formed of a first material that can be successfully sectioned in a microtome, and being resistant to degradation from solvents and chemicals used to fix and process the tissue sample during a histologic procedure; and the frame is formed from a second material different from the first material. (Refer to claims 1 and 8-11)
Regarding claim 4, the lid (12a) bears against the tissue cassette (10) when the lid and the tissue cassette move from the first position (not depressed) to the second position (depressed). (Figures 3, 4 and 9)
Regarding claim 5, tabs (15) of the lid (12a) bear against the tissue cassette (10) when the lid and the tissue cassette move from the first position to the second position. [0036]
Regarding claim 6, the second position is located at a predetermined depth within the frame. (Refer to Figures 3 and 4)
Regarding claim 7, the lid (12a) fits within the recess (30) of the cassette (10) to engage a tissue sample (40) against the bottom wall (34).
Regarding claim 8, a resilient structure (20) located under the lid (12a) to engage a tissue sample against the bottom wall. [0036]
Regarding claim 9, wherein the resilient structure (20) further comprises a plurality of fingers or a foam material. [0036]
Regarding claim 10, the frame (14) further includes at least one cassette positioning element (projections on frame 14, figure 4) to hold the tissue cassette (10) and the lid (12a) to the frame (14) in the second position. (Figures 3 and 4)
Regarding claim 11, the cassette (10), lid (12a) and frame (14) are molded from a single material. (Claims 8-11)
Regarding claim 12, the cassette (10) is formed of a first material and the lid and the frame are formed of a second material different from the first material. (Claims 8-11)
Regarding claim 13, a tissue cassette (10) having a recess (30) including an opening surrounded by at least one side wall and a bottom wall (34), the tissue cassette (10) formed of material that can be successfully sectioned in a microtome and is resistant to degradation from solvents and chemicals used to fix, process and stain tissue; a frame (14) including an interior and a bottom edge; and a lid (12a), wherein the lid and the tissue cassette are capable of moving from a first position to a second position within the interior of the frame, and in the second position the bottom wall and at least a portion of the side wall extend beyond the bottom edge of the frame for sectioning in the microtome, and wherein the lid (12a) includes an outer perimeter portion and the tissue cassette (10) includes a flange portion (13) proximate the upper opening, the outer perimeter portion bearing against the flange portion as the lid (12a) and the tissue cassette (10) move from the first position (not depressed) to the second position (depressed). (Refer to Figures 3 and 4)
Regarding claim 14, the lid (12a) is configured to retain a tissue sample (40) in the recess (30) of the tissue cassette (10) against the bottom wall (34).
Regarding claim 15, the tissue cassette (10) is formed of a first material that can be successfully sectioned in a microtome, and being resistant to degradation from solvents and chemicals used to fix and process the tissue sample during a histologic procedure; and the frame (14) is formed from a second material different from the first material.
Regarding claim 16, the lid (12a) snap fits to the frame (14). [0041]
Regarding claim 17, tabs (15) of the lid (12a) bear against the tissue cassette (10) when the lid (12a) and the tissue cassette (10) move from the first position (not depressed) to the second position (depressed).
Regarding claim 18, the second position (depressed) is located at a predetermined depth within the frame. (Refer to Figures 3 and 4)
Regarding claim 19, the lid (12a) fits within the recess of the cassette (10) to engage a tissue sample (40) against the bottom wall (34).
Regarding claim 20, a resilient structure (20) located under the lid (12a) to engage a tissue sample (40) against the bottom wall (34).
Regarding claim 21, the resilient structure (20) further comprises a plurality of fingers or a foam material (20).
Regarding claim 22, the frame (14) further includes at least one cassette positioning element to hold the tissue cassette and the lid to the frame in the second position.
Regarding claim 23, the cassette (10), lid (12a) and frame (14) are molded from a single material. (Claims 8-11)
Regarding claim 24, the cassette (10) is formed of a first material and the lid (12a) and the frame (14) are formed of a second material different from the first material. (Claims 8-11)
Regarding claim 25, a tissue cassette (10) having a recess (30) including an opening surrounded by at least one side wall and a bottom wall (34), the tissue cassette (10) formed of material that can be successfully sectioned in a microtome and is resistant to degradation from solvents and chemicals used to fix, process and stain tissue; a frame (14) including an interior and a bottom edge; and a lid (12a), wherein the lid (12a) and the tissue cassette (10) are capable of moving from a first position (not depressed) to a second position (depressed) within the interior of the frame (14), and in the second position the bottom wall and at least a portion of the side wall extend beyond the bottom edge of the frame for sectioning in the microtome, and wherein the frame (14) further includes at least one cassette (10) positioning element to hold the tissue cassette (10) and the lid (12a) to the frame (14) in the second position.
Regarding claim 26, the lid (12a) is configured to retain a tissue sample (40) in the recess (30) of the tissue cassette (10) against the bottom wall (34).
Regarding claim 27, the tissue cassette (10) is formed of a first material that can be successfully sectioned in a microtome, and being resistant to degradation from solvents and chemicals used to fix and process the tissue sample during a histologic procedure; and the frame (14) is formed from a second material different from the first material. (Claims 8-11)
Regarding claim 28, the cassette positioning element is flexible and hollow. (Figures 3 and 4)
Regarding claim 29, tabs (15) of the lid (12a) bear against the tissue cassette when the lid and the tissue cassette move from the first position (not depressed) to the second position (depressed).
Regarding claim 30, the second position (depressed) is located at a predetermined depth within the frame (14). (Figures 3 and 4)
Regarding claim 31, the lid (12a) fits within the recess (30) of the cassette (10) to engage a tissue sample (40) against the bottom wall (34). (Figure 9)
Regarding claim 32, a resilient structure (20) located under the lid (12a) to engage a tissue sample (40) against the bottom wall (34).
Regarding claim 33, the resilient structure (20) further comprises a plurality of fingers (32).
Regarding claim 34, the resilient structure (20) further comprises a foam material.
Regarding claim 35, the cassette (10), lid (12a) and frame (14) are molded from a single material. (Claims 8-11)
Regarding claim 36, the cassette (10) is formed of a first material and the lid and the frame are formed of a second material different from the first material. (Claims 8-11)
Regarding claim 37, the lid (12a) includes an outer perimeter portion and the tissue cassette includes a flange portion proximate the upper opening, the outer perimeter portion bearing against the flange portion as the lid and the tissue cassette move from the first position (not depressed) to the second position (depressed).
Regarding claim 38, a tissue cassette (10) having a recess (30) including an opening surrounded by at least one side wall and a bottom wall (34), the tissue cassette (10) formed of material that can be successfully sectioned in a microtome and is resistant to degradation from solvents and chemicals used to fix, process and stain tissue; a frame (14) including an interior and a bottom edge (34); and a lid (12a), wherein the lid (12a) and the tissue cassette (10) are capable of moving from a first position to a second position within the interior of the frame, and in the second position the bottom wall and at least a portion of the side wall extend beyond the bottom edge of the frame (14) for sectioning in the microtome, and wherein the lid (12a) includes an outer perimeter portion and the tissue cassette (10) includes a flange portion (refer Figures 3 and 4) proximate the upper opening, the outer perimeter portion bearing against the flange portion as the lid and the tissue cassette move from the first position (not depressed) to the second position (depressed); the frame (14) further includes at least one cassette (10) positioning element to hold the tissue cassette (10) and the lid (12a) to the frame (14) in the second position; and the lid (12a) snap fits to the frame (14).
Regarding claim 70, a tissue cassette (10) and a lid (12a) capable of moving between an open position and a closed position, wherein the tissue cassette and the lid form an assembly when the lid is in the closed position, the tissue cassette including a recess with at least one side wall and a bottom wall, the tissue cassette (10) formed of material that can be successfully sectioned in a microtome and is resistant to degradation from solvents and chemicals used to fix, process and stain tissue; a frame (14) including an interior, a bottom edge, and a top edge; and a connector movably connecting the assembly (16) to the frame (14); wherein the assembly (16) is capable of moving from a first position to a second position within the interior of the frame, and in the second position the bottom wall and at least a portion of the side wall extend beyond the bottom edge of the frame for sectioning in the microtome; wherein at least a portion of the connector (16) extends downwardly with respect to the top edge of the frame when the assembly moves from the first position to the second position.
Regarding claim 71, the connector (16) is a hinge (16) connecting the lid (12a) to the frame (14).
Regarding claim 72, the connector (16) is flexible and elongates as the lid (12a) and the tissue cassette (10) move from the first position to the second position. (Figures 3 and 4)
Regarding claim 73, the lid (12a) is connected to the frame (14) by the connector (16).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JYOTI NAGPAUL whose telephone number is (571)272-1273. The examiner can normally be reached M-F 9am to 5pm, EST.
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/JYOTI Mutreja/ Primary Examiner, Art Unit 1798
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