DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Claim(s) 1-20 is/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.
With respect to Claim(s) 1, 13, 20, the limitation states
“…
transfer portions of a data structure acquired with one or more detectors of the scientific instrument to a client device,
the data structure being stored in a data storage connected to the first logic via a network,
the portions being identified to the first logic in a sequence of data requests received from the client device;
…
identify parts of the data structure based on at least one of a data-access pattern in the sequence of data requests and a buffer size for a storage device locally connected to the first logic;
and
third logic
configured to
download the parts from the data storage to the storage device,
wherein
the first logic
is configured to
switch a data transfer path for the client device from being end-connected to the data storage to being end-connected to the storage device when a requested portion of the data structure is in the parts downloaded to the storage device via the third logic.”.
It is unclear what the structural difference between ‘a storage device’ and ‘a data storage’ is. If the structures are the same, Examiner advises applicant to separate the structurally similar components via amendment (e.g., a first/local data storage device, a second/external data storage device). For examination purposes, Examiner will assume the claimed invention’s claimed function is to be able to access data from external storage device(s) when requested. Examiner will also assume that the claimed ‘storage device’ and the claimed ‘data storage’ are distinct devices.
Claim(s) 2-12, 14-19 is/are rejected as for being dependent on the above rejected parent claim(s).
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by COHN ET AL. (US 20230161743 A1) (hereinafter “COHN”).
With respect to Claim(s) 1, 13, 20, COHN teaches uploading and visualizing data in an analytical ecosystem and the BRI of:
first logic
configured to
transfer portions of a data structure acquired with one or more detectors of the scientific instrument to a client device (See, e.g., Fig(s). 1-4, 10-12),
the data structure being stored in a data storage connected to the first logic via a network (See, e.g., Fig(s). 1-4, 10-12),
the portions being identified to the first logic in a sequence of data requests received from the client device (See, e.g., Fig(s). 1-4, 10-12);
second logic
configured to
identify parts of the data structure based on at least one of a data-access pattern in the sequence of data requests and a buffer size for a storage device locally connected to the first logic (See, e.g., Fig(s). 1-4, 10-12);
and
third logic
configured to
download the parts from the data storage to the storage device (See, e.g., Fig(s). 1-4, 10-12),
wherein
the first logic
is configured to
switch a data transfer path for the client device from being end-connected to the data storage to being end-connected to the storage device when a requested portion of the data structure is in the parts downloaded to the storage device via the third logic (See, e.g., Fig(s). 1-4, 10-12).
With respect to Claim(s) 2, 14, COHN teaches the BRI of the parent claim(s).
COHN further teaches the BRI of:
wherein
the scientific instrument
comprises at least one of
a mass spectrometer and a chromatography system (See, e.g., Fig(s). 1-4, 10-12).
With respect to Claim(s) 3, 15, COHN teaches the BRI of the parent claim(s).
COHN further teaches the BRI of:
wherein
the second logic
is configured to
identify the parts of the data structure using a predictive algorithm configured to
detect the data-access pattern in a space defined by one or more attributes selected from the group of attributes consisting of:
a scan order in a sequence of mass-spectrometer scans, a sequence of mass ranges, relative timing of a mass-spectrometer scan and a chromatographic peak in a corresponding chromatogram, and a chemical compound library (See, e.g., ¶ 0061, 0094, 0103, 0108, 0116-0125).
With respect to Claim(s) 4, COHN teaches the BRI of the parent claim(s).
COHN further teaches the BRI of:
wherein
the data structure has a size in a range between 1 GB and 100 GB (See, e.g., ¶ 0015)
and
includes data from
pluralities of mass spectrometer scans (See, e.g., ¶ 0065)
and
detector channels corresponding to a single analyte injection (See, e.g., ¶ 0017).
With respect to Claim(s) 5, 16, COHN teaches the BRI of the parent claim(s).
COHN further teaches the BRI of:
wherein
the third logic
is configured to
perform a background download to download the parts (See, e.g., Fig(s). 1-4, 10-12),
the background download occurring concurrently with a transfer via the first logic of one or more of the portions of the data structure from the data storage to the client device (See, e.g., Fig(s). 1-4, 10-12).
With respect to Claim(s) 6, 17, COHN teaches the BRI of the parent claim(s).
COHN further teaches the BRI of:
wherein
the first logic
is configured to
dynamically select a suitable data reader from a plurality of data readers based on the data transfer path (See, e.g., Fig(s). 1-4, 10-12).
With respect to Claim(s) 7, COHN teaches the BRI of the parent claim(s).
COHN further teaches the BRI of:
wherein
the plurality of data readers
includes:
a first data reader suitable for reading from the data storage (See, e.g., Fig(s). 1-4, 10-12);
and
a different second data reader suitable for reading from the storage device (See, e.g., Fig(s). 1-4, 10-12).
With respect to Claim(s) 8, 18, COHN teaches the BRI of the parent claim(s).
COHN further teaches the BRI of:
wherein
the plurality of data readers
is implemented as
a plurality of application plugins (See, e.g., Fig(s). 1-4, 10-12).
With respect to Claim(s) 9, COHN teaches the BRI of the parent claim(s).
COHN further teaches the BRI of:
wherein
the data storage
is selected from the group consisting of:
a web-based object storage, an enterprise data-storage platform, a micro service platform, a network-attached storage, and a storage area network (See, e.g., Fig(s). 1-4, 10-12).
With respect to Claim(s) 10, COHN teaches the BRI of the parent claim(s).
COHN further teaches the BRI of:
wherein,
in response to a subsequent data request received from the client device,
the first logic
is configured to:
obtain an availability status for a subsequent portion of the data structure specified in the subsequent data request (See, e.g., Fig(s). 1-4, 10-12);
transfer the subsequent portion of the data structure to the client device from the storage device when the availability status is “available” (See, e.g., Fig(s). 1-4, 10-12);
and
transfer the subsequent portion of the data structure to the client device from the data storage when the availability status is “not available” ((See, e.g., Fig(s). 1-4, 10-12).
With respect to Claim(s) 11, COHN teaches the BRI of the parent claim(s).
COHN further teaches the BRI of:
wherein
the first logic
is configured to
switch the data transfer path in response to a message from the third logic reporting a download completion event (See, e.g., Fig(s). 1-4, 10-12).
With respect to Claim(s) 12, 19, COHN teaches the BRI of the parent claim(s).
COHN further teaches the BRI of:
wherein
the data structure has a binary format suitable for recording, packaging, and transfer of experimental data acquired via multiple ones of the detectors of the scientific instrument (See, e.g., Fig(s). 1-4, 10-12).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND NIMOX whose telephone number is (469)295-9226. The examiner can normally be reached Mon-Thu 10am-8pm CT.
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, ANDREW SCHECHTER can be reached at (571) 272-2302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RAYMOND NIMOX
Primary Examiner
Art Unit 2857
/RAYMOND L NIMOX/Primary Examiner, Art Unit