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/Restriction
REQUIREMENT FOR UNITY OF INVENTION
As provided in 37 CFR 1.475(a), a national stage application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept (“requirement of unity of invention”). Where a group of inventions is claimed in a national stage application, the requirement of unity of invention shall be fulfilled only when there is a technical relationship among those inventions involving one or more of the same or corresponding special technical features. The expression “special technical features” shall mean those technical features that define a contribution which each of the claimed inventions, considered as a whole, makes over the prior art.
The determination whether a group of inventions is so linked as to form a single general inventive concept shall be made without regard to whether the inventions are claimed in separate claims or as alternatives within a single claim. See 37 CFR 1.475(e).
When Claims Are Directed to Multiple Categories of Inventions:
As provided in 37 CFR 1.475 (b), a national stage application containing claims to different categories of invention will be considered to have unity of invention if the claims are drawn only to one of the following combinations of categories:
(1) A product and a process specially adapted for the manufacture of said product; or
(2) A product and a process of use of said product; or
(3) A product, a process specially adapted for the manufacture of the said product, and a use of the said product; or
(4) A process and an apparatus or means specifically designed for carrying out the said process; or
(5) A product, a process specially adapted for the manufacture of the said product, and an apparatus or means specifically designed for carrying out the said process.
Otherwise, unity of invention might not be present. See 37 CFR 1.475 (c).
Restriction is required under 35 U.S.C. 121 and 372.
This application contains the following inventions or groups of inventions which are not so linked as to form a single general inventive concept under PCT Rule 13.1.
In accordance with 37 CFR 1.499, applicant is required, in reply to this action, to elect a single invention to which the claims must be restricted.
Group I, claims 1-9, drawn to a pipette.
Group II, claim 10-18, drawn to a pipetting aid.
Group III, claims 19-20, drawn to a method.
Group IV, claim 21, drawn to a set containing a pipette.
The groups of inventions listed above do not relate to a single general inventive concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or corresponding special technical features for the following reasons:
Groups I-IV lack unity of invention because even though the inventions of these groups require the technical feature of a pipette, this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of Mussi. Mussi teaches a pipette (Mussi; fig. 2.10) preferably for use with a pipetting aid (Mussi; fig. 2. 34) which has a first opening for receiving and discharging liquid (Mussi; fig. 1. 14 illustrates area where the first opening is located), and a second opening at the opposite end of the first opening (Mussi; fig. 1. 20) wherein the pipette has a filling volume between the two openings (Mussi; fig. 1. 22 “graduation markings”), and an outer surface that encompasses the filling volume (Mussi; Abstract “pipette has a hollow bore”). Examiner interprets the hollow bore as creating an outer surface that encompasses the filling volume.
Mussi fails to teach the pipette comprises a material that causes a wavelength shift between the electromagnetic radiation absorbed and emitted by the pipette, and the material causing the wavelength shift is located in a part of the pipette up to 30 mm from the second opening.
However Ziegmann teaches the analogous art of a pipette (Ziegmann; Title) that includes a material that causes a wavelength shift between the electromagnetic radiation absorbed and emitted by the pipette (Ziegmann; [0038] “the filter has at least one fluorescent additive”), and the material causing the wavelength shift is located in a part of the pipette up to 30 mm from the second opening (Ziegmann; fig. 1. 10 illustrates the filter at a distance from the second opening).
Ziegmann does not explicitly teach the filter is located in a part of the pipette up to 30 mm from the second opening. However, it would have been obvious to place the filter in a part of the pipette up to 30 mm from the second opening in order to have enough coverage material causing the wavelength shift to cover the pipette wall.
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Mussi’s pipette to include a material that causes wavelength shift between the electromagnetic radiation absorbed and emitted by the pipette as taught by Ziegmann because Ziegmann teaches a pipette (Ziegmann; Title) that includes a material that causes a wavelength shift between the electromagnetic radiation absorbed and emitted by the pipette (Ziegmann; [0038]).
The fluorescent additive markings allows to identify a filter pipette tip with specific characteristics (Ziegmann; [0038]).
During a telephone conversation with Edward Williams on 01/08/2026 a provisional election was made without traverse to prosecute the invention of group II, claims 10-18. Affirmation of this election must be made by applicant in replying to this Office action. Claim 1-9 and 19-21 are considered withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/10/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claims Status
Claims 1-21 are pending with claims 10-18 being examined, claims 1-9 and 19-21 are considered withdrawn.
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.
Claims 10-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kozlenko et al. (US 20180345271 A1; hereinafter “Kozlenko”) in view of Spudich et al (US 20170010154 A1; hereinafter “Spudich”).
Regarding claim 10, Kozlenko teaches a pipetting aid (Kozlenko; fig. 1A. 34) for receiving a pipette (Kozlenko; fig. 1A. 1) for dispensing a liquid (Kozlenko; [0012])., comprising
a receiver for securing the pipette in the pipetting aid (Kozlenko; fig. 1A. 2),
a control device for receiving or discharging the liquid (Kozlenko; fig. 1B. 10),
a handle for holding the pipetting aid (Kozlenko; fig. 1A illustrates a hand gripping the pipetting aid from what appears to be a handle),
at least one control element for controlling the receiving and discharging of the liquid (Kozlenko; fig. 1A. 15),
a control unit that is connected to the control element and the control device (Kozlenko; fig. 1B. 34 and [0032]), wherein
the pipetting aid comprises a data storage device (Kozlenko; fig. 4. 31 illustrates a microprocessor which are known in the art to include memory) in which a database with reference measurement data is stored. Kozlenko teaches a pipetting aid with data storage and what the data storage is used for is a matter of intended use.
Kozlenko fails to teach the pipetting aid has two radiation sources and a radiation detector, wherein the two radiation sources emit electromagnetic radiation with different wavelengths, and the radiation detector detects the wavelengths of the electromagnetic radiation it receives.
However, Spudich teaches the analogous art of a pipetting aid (Spudich; Fig. 16. 56, 58, 84, 86, 106 and [0077] “enclosure 84 with internal cavity 86 that includes sample holder 56, 58 that hoods the sampling tip (pipette) 106”), wherein the pipetting aid has two radiation sources (Spudich; fig. 16. 64) and a radiation detector (Spudich; fig. 15. 66), wherein the two radiation sources emit electromagnetic radiation (Spudich; [0015] “light source disposed and operable to emit light”) with different wavelengths (Spudich; claim 24), and the radiation detector detects the wavelengths of the electromagnetic radiation it receives (Spudich; [0015] “light detector disposed along the light path to receive the light beam”).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Kozlenko’s pipetting aid to include two radiation sources and a radiation detector, wherein the two radiation sources emit electromagnetic radiation with different wavelengths, and the radiation detector detects the wavelengths of the electromagnetic radiation it receives as taught by Spudich because Spudich teaches a pipetting aid (Spudich; Fig. 16. 56, 58, 84, 86, 106 and [0077] “enclosure 84 with internal cavity 86 that includes sample holder 56, 58 that hoods the sampling tip (pipette) 106”), wherein the pipetting aid has two radiation sources (Spudich; fig. 16. 64) and a radiation detector (Spudich; fig. 15. 66), wherein the two radiation sources emit electromagnetic radiation (Spudich; [0015] “light source disposed and operable to emit light”) with different wavelengths (Spudich; claim 24), and the radiation detector detects the wavelengths of the electromagnetic radiation it receives (Spudich; [0015] “light detector disposed along the light path to receive the light beam”).
This would allow to test analytes in a certain sample to be used (Spudich; [0029]).
Regarding claim 11, modified Kozlenko teaches the pipetting aid according to claim 10 (see above) to include a first and second radiation source (see above).
Modified Kozlenko fails to teach the first radiation source is designed to emit electromagnetic radiation with a wavelength of 380 nm to 780 nm, and the second radiation source is designed to emit electromagnetic radiation with a wavelength of 10 nm to 410 nm, or 750 nm to 3,000 nm.
However, Spudich teaches the analogous art of a pipetting aid (Spudich; Fig. 16. 56, 58, 84, 86, 106 and [0077] “enclosure 84 with internal cavity 86 that includes sample holder 56, 58 that hoods the sampling tip (pipette) 106”), wherein the first radiation source is designed to emit electromagnetic radiation with a wavelength of 380 nm to 780 nm (Spudich; [0087] “LED emitting light at 600nm”), and the second radiation source is designed to emit electromagnetic radiation with a wavelength of 10 nm to 410 nm, or 750 nm to 3,000 nm (Spudich; [0087] “alternate light source to emit at 750nm”).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Kozlenko’s first radiation source to emit electromagnetic radiation with a wavelength of 380 nm to 780 nm, and the second radiation source is designed to emit electromagnetic radiation with a wavelength of 10 nm to 410 nm, or 750 nm to 3,000 nm as taught by Spudich because Spudich teaches a pipetting aid (Spudich; Fig. 16. 56, 58, 84, 86, 106 and [0077] “enclosure 84 with internal cavity 86 that includes sample holder 56, 58 that hoods the sampling tip (pipette) 106”), wherein the first radiation source is designed to emit electromagnetic radiation with a wavelength of 380 nm to 780 nm (Spudich; [0087] “LED emitting light at 600nm”), and the second radiation source is designed to emit electromagnetic radiation with a wavelength of 10 nm to 410 nm, or 750 nm to 3,000 nm (Spudich; [0087] “alternate light source to emit at 750nm”).
This allows detecting multiple microorganisms in a sample (Spudich; [0087]).
Regarding claim 12, modified Kozlenko teaches the pipetting aid according to claim 10 (see above) to include two radiation sources and a detector (see above).
Modified Kozlenko fails to teach the two radiation sources and the radiation detector in the pipetting aid are aimed at the receiver.
However, Spudich teaches the analogous art of a pipetting aid (Spudich; Fig. 16. 56, 58, 84, 86, 106 and [0077] “enclosure 84 with internal cavity 86 that includes sample holder 56, 58 that hoods the sampling tip (pipette) 106”), wherein the two radiation sources (Spudich; fig. 16. 64) and the radiation detector (Spudich; fig. 16. 66) in the pipetting aid are aimed at the receiver (Spudich; fig. 16. 56, 58).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Kozlenko’s two radiation sources and detector to aim at the receiver as taught by Spudich because Spudich teaches a pipetting aid (Spudich; Fig. 16. 56, 58, 84, 86, 106 and [0077] “enclosure 84 with internal cavity 86 that includes sample holder 56, 58 that hoods the sampling tip (pipette) 106”), wherein the two radiation sources and the radiation detector in the pipetting aid are aimed at the receiver (Spudich; fig. 16. 56, 58).
This would allow to test the sample in the that is in the sampling tip.
Regarding claim 13, modified Kozlenko teaches the pipetting aid according to claim 10 (see above) to include a radiation detector (see above).
Modified Kozlenko fails to teach the radiation detector is a color sensor.
However, Spudich teaches the analogous art of a pipetting aid (Spudich; Fig. 16. 56, 58, 84, 86, 106 and [0077] “enclosure 84 with internal cavity 86 that includes sample holder 56, 58 that hoods the sampling tip (pipette) 106”), wherein the radiation detector is a color sensor (Spudich; [0088] “the light sensor can be a broad spectrum photodiode for colorimetric analysis to enable detection of any one of the LED’s”).
Spudich also teaches wavelengths of 600 to 750 (Spudich; [0087]) where the detector will perceive color from yellow to orange and orange to red).
To one of ordinary in the art before the effective filing date of the invention it would have been obvious to modify Kozlenko’s radiation detector to be a color sensor as taught by Spudich because Spudich teaches a pipetting aid (Spudich; Fig. 16. 56, 58, 84, 86, 106 and [0077] “enclosure 84 with internal cavity 86 that includes sample holder 56, 58 that hoods the sampling tip (pipette) 106”), wherein the radiation detector is a color sensor (Spudich; [0088] “the light sensor can be a broad spectrum photodiode for colorimetric analysis to enable detection of any one of the LED’s”).
This would allow to detect a broad range of wavelengths.
Regarding claim 14, modified Kozlenko teaches the pipetting aid according to claim 10 (see above) wherein the control device comprises a pump with which a pressure is generated in the pipetting aid for receiving and discharging the liquid (Kozlenko; fig. 1B. 8, 10 and [0033] “pressurized tank may be pressurized by pump”).
Regarding claim 15, modified Kozlenko teaches the pipetting aid according to claim 10 (see above), wherein the pipetting aid has a flow rate sensor that measures the flow rate of the air in and out of the pipette (Kozlenko; [0046] teaches pressure sensors 4, 5, 6 and 7).
Kozlenko does not explicitly teach the pipetting aid has a flow rate sensor however, pressure sensors are well known in the art that pressure sensors can act as flow rate sensors, and sends this value to the control unit (Kozlenko; [0011] “pressure sensor”, and [0013] “electronic controller”.
Regarding claim 16, modified Kozlenko teaches the pipetting aid according to claim 10 (see above), wherein the pipetting aid has a pressure sensor for measuring the hydrostatic pressure in the pipette (Kozlenko; fig. 2B. 7 and [0046] “pressure sensor 7 may be an atmospheric pressure sensor”).
Regarding claim 17, modified Kozlenko teaches the pipetting aid according to claim 10 (see above), wherein the control element has a first and second button (Kozlenko; fig. 1A. 13, 17), wherein pushing the first button (Kozlenko; fig. 1. 13) generates a vacuum in the pipetting aid (Kozlenko; [0034] “button 13 controls aspirate valve (Vacuum)) and pushing the second button (Kozlenko; fig. 1A. 17) releases this vacuum or generates a pressure in the pipetting aid (Kozlenko; fig. 1A. 13 and, [0032] “button 17 enables dispensing”).
Regarding claim 18, modified Kozlenko teaches the pipetting aid according to claim 10 (see above), wherein the pipetting aid has an acceleration sensor for determining the angle of inclination of the longitudinal axis of the pipetting aid in relation to the direction of the force of gravity (Kozlenko; fig. 2A. 37, and [0048] “orientation sensor”).
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Capozzi can be reached at (571) 272-1295. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.R./ Examiner, Art Unit 1798
/CHARLES CAPOZZI/ Supervisory Patent Examiner, Art Unit 1798