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 Claims 1 and 2 in the reply filed on 4/27/2026 is acknowledged.
Claims 3-8 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected medical product, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 4/27/2026.
Claims 1 and 2 are pending examination in this response.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim limitation “means for detecting and reading encoded data” claim 1 starting at lines 9 and 10 has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “means” coupled with functional language “detecting and reading” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim 1 is being interpreted as any structure capable of reading any of the following; encoded data, of the barcode, matrix code, or RFID chip type, in the specification that achieves the claimed function, and equivalents thereof (Spec [0007]).
Claim limitation “means for controlling” claim 1 line 12 has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “means” coupled with functional language “controlling” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim 1 is being interpreted as any structure in the specification that achieves the claimed function, and equivalents thereof. The specification within Para [0056], states a user interface. A user interface can include a computer, a controller or a processor or the like.
Claim limitation “image capture means” claim1 lines 18 has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “means” coupled with functional language “image capturing “without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim 1 is being interpreted as any structure in the specification that achieves the claimed function, and equivalents thereof. The specification within Para [0041], states a camera.
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.
Claims 1 and 2 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Jordan Navas et. al. (US 20210088542 A1).
Regarding claim 1, Jordan Navas teaches “An equipment for traceability of biological samples” (Abstract, The equipment for the traceability of biological samples placed in cassettes provided with encoded identification data and intended to be stored within baskets.); “placed in embedding cassettes” (Para [0038], Cassettes 3); “having an identification face provided with encoded data and stored their respective identification faces being visible, in baskets” (Para [0038], As shown in FIGS. 1A to 1C, the latter are generally positioned in individual housings included by the baskets 20, 21, 22, such that their face 30 provided with encoded identification data 31 is visible and preferably oriented upward.) , “of which there are several models differing from each other by their general shape and/or their dimensions,” (Para [0026], [0026] According to one feature of the equipment item according to the invention, the container is subdivided into several compartments having different shapes, each configured to receive a basket of a given shape,); “said equipment comprising: at least one apparatus equipped with means for detecting and reading encoded data” (Para [0026], while the reading apparatus is equipped with detection means able to detect the presence, or if applicable, the absence of a basket in at least one of said compartments of said container and to send the corresponding information to means for controlling the means for reading encoded data.).
The recitation “configured to detect and read, during the same reading session, the encoded data affixed to cassettes contained in at least one basket” is capability of the means for detecting and reading encoded data however taught within (Para [0028], According to another additional feature, the cavity of the apparatus can include support means for a container, molded to allow an incline of the bottom of the container relative to the bottom of the apparatus. The incline has the advantage of favoring the flow of the formalin impregnating the specimen contained in the cassettes, and therefore facilitating the reading of the data affixed on the latter.).
Further taught “and means for controlling the means for detecting and reading encoded data” (Para [0026], [0041], and Claim 2, one of said compartments of said container and to send the corresponding information to means for controlling the means for reading encoded data. [0041] In the illustrated variant embodiment, the reading apparatus 4 is further equipped with means (not illustrated) for detecting the presence of at least one basket 20, 21, 22 in the container 2, and designed to be able to send the corresponding information to means for controlling the means for reading encoded data 31. The absence of a basket in at least one of said compartments of said container and to send the corresponding information to means for controlling the means for reading encoded data.); “computer processing means” (Para [0040], Means for computerized processing of the data read by the reading means 13, such as a computer 14 comprising a screen 15 and a keyboard 16, are also connected to the apparatus 4 by a wired or wireless connection 17.); “configured to automatically determine an optimal work zone of the means for detecting and reading encoded data, based on the model of basket that is housing said embedding cassettes,” (Para [0041], In the illustrated variant embodiment, the reading apparatus 4 is further equipped with means (not illustrated) for detecting the presence of at least one basket 20, 21, 22 in the container 2, and designed to be able to send the corresponding information to means for controlling the means for reading encoded data 31. In short, such a feature makes it possible to program automatically, following a simple detection of the presence of a basket in a given compartment, the reading means such that they are able to suitably read the identification data 31 affixed on inclusion cassettes 3 placed depending on the case in a half-moon shaped basket 20, or in a trapezoidal basket 21, or in a parallelepipedal basket 22.); “generate a signal representative of said zone, and transmit the corresponding information to the means for controlling and reading the encoded data” (Para [0041], , and designed to be able to send the corresponding information to means for controlling the means for reading encoded data 31.); “and image capture means” ([0040] Furthermore, the equipment item 1 also includes an apparatus 4 for reading encoded data affixed on the cassettes 3 placed in at least one of the baskets 20, 21, 22 placed in a container 2. More specifically, the apparatus 4 is delimited by a bottom 5, a peripheral wall 6, and an upper wall 7. It is provided with at least one opening 8 for access to at least one inner cavity 9 configured to accommodate a container 2 and equipped with means 13 for reading encoded data, for example a light scanner or a radio scanner of the “RFID” type. Means for computerized processing of the data read by the reading means 13, such as a computer 14 comprising a screen 15 and a keyboard 16, are also connected to the apparatus 4 by a wired or wireless connection 17.).
The recitation “configured to capture and transmit to the computer processing means at least one image of at least a portion of the basket housing the embedding cassettes,” is capability of the image capture means which is taught within the light scanner within Para [0040] above.
Further taught “wherein the computer processing means are configured to search, in the captured image, for a structural feature specific to a basket and to identify from the captured image of the portion of the basket, the model of the basket housing said embedding cassettes and determine the corresponding optimal work zone of the means for detecting and reading encoded data.” (Para [0041], In the illustrated variant embodiment, the reading apparatus 4 is further equipped with means (not illustrated) for detecting the presence of at least one basket 20, 21, 22 in the container 2, and designed to be able to send the corresponding information to means for controlling the means for reading encoded data 31. In short, such a feature makes it possible to program automatically, following a simple detection of the presence of a basket in a given compartment, the reading means such that they are able to suitably read the identification data 31 affixed on inclusion cassettes 3 placed depending on the case in a half-moon shaped basket 20, or in a trapezoidal basket 21, or in a parallelepipedal basket 22.).
Regarding claim 2, Jordan Navas teaches all of claim 1 above in addition to “characterized in that the image capture means define the means for detecting and reading encoded data.” (Para [0040] Furthermore, the equipment item 1 also includes an apparatus 4 for reading encoded data affixed on the cassettes 3 placed in at least one of the baskets 20, 21, 22 placed in a container 2. More specifically, the apparatus 4 is delimited by a bottom 5, a peripheral wall 6, and an upper wall 7. It is provided with at least one opening 8 for access to at least one inner cavity 9 configured to accommodate a container 2 and equipped with means 13 for reading encoded data, for example a light scanner or a radio scanner of the “RFID” type. Means for computerized processing of the data read by the reading means 13, such as a computer 14 comprising a screen 15 and a keyboard 16, are also connected to the apparatus 4 by a wired or wireless connection 17.) Therefore the light scanner is capable of such capability.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VELVET E HERON whose telephone number is (571)272-1557. The examiner can normally be reached M-F.
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, Charles Capozzi can be reached on (571) 270-3638. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/V.E.H./Examiner, Art Unit 1798
/CHARLES CAPOZZI/Supervisory Patent Examiner, Art Unit 1798
Prosecution Insights