Prosecution Insights
Last updated: August 06, 2026
Application No. 18/340,245

FULLY AUTOMATED SAMPLE PROCESSING PLATFORM FROM EXTRACTION TO SEQUENCING

Non-Final OA §101§102§103§112
Filed
Jun 23, 2023
Priority
Jun 24, 2022 — provisional 63/355,478
Examiner
ABEL, LENORA A
Art Unit
1799
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Clear Labs Inc.
OA Round
1 (Non-Final)
69%
Grant Probability
Favorable
1-2
OA Rounds
1m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
138 granted / 201 resolved
+3.7% vs TC avg
Strong +34% interview lift
Without
With
+34.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
31 currently pending
Career history
235
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
54.8%
+14.8% vs TC avg
§102
27.4%
-12.6% vs TC avg
§112
15.5%
-24.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 201 resolved cases

Office Action

§101 §102 §103 §112
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 . Information Disclosure Statement The information disclosure statements (IDS) submitted on 09/19/2023 and 08/20/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Claim Objections Claim 23 is objected to because of the following informalities: the term SARS-CoV-2 should be spelled out and the abbreviation of the latter placed in parentheses. Appropriate correction is required. 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. Claims 24-25 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. Claims 24 recites the limitation "the bioinformatics pipeline output" in line 3. There is insufficient antecedent basis for this limitation in the claim. Claim 25 recites the limitation "the communication of the automation workflow" in line 2. There is insufficient antecedent basis for this limitation in the claim. Claim 25 recites the limitation "the bioinformatics pipelines" in line 3. There is insufficient antecedent basis for this limitation in the claim. Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 2-6 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recites whereby the system calculates a sample pooling volume based on a reference genome size of a genus of the at least one genome of the microorganism (for claim 2) and whereby the system calculates a sample pooling amount for each sample based on the selected sequencing coverage (for claim 4). The limitation of “calculates a sample pooling volume…” in claim 2 and “calculates a sample pooling amount for each sample…” in claim 4, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting “whereby the system,” nothing in the claim element precludes the step from practically being performed in the mind. For example, but for the “whereby the system” language, “calculates” in the context of the claims 2 and 4, encompasses the user manually calculating the pooling volume for each sample for each sample. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. This judicial exception is not integrated into a practical application, because the claim only recites one additional element–using the system to perform the calculation, and nothing beyond this step, that is, no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a system to perform the calculation of the volume pool of each sample and pooling amount for each sample based on the selected sequencing coverage to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim is not patent eligible. 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 1-21, and 24-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2021/0208171 A1-Guarracina et al (hereinafter “Guarracina”). Regarding claim 1, Guarracina discloses a system for controlling an integrated software system by functionally integrating a plurality of commands from a plurality of software applications (software provided in accordance with aspects of the disclosed embodiment can instruct, prompt, and/or time and capture all relevant experiment data for experiments, para. [0022], lines 9-11) for automating a robotic nucleic acid preparation and sequencing workflow (different applications may also include sample replication, sample retrieval, DNA (deoxyribonucleic acid) extraction and sequencing, cell culture operator, operator for work in BSL (biological safety level) 3 and 4 laboratories, clinical laboratory operator—including, e.g., sample accessioning and/or chemistry synthesis operator—,and/or any other suit able laboratory applications, para. [0043], lines 8-14) comprising: receiving, by the system, a request for analyzing a selected at least one microorganism genome and a selected sequencing coverage for the at least one microorganism genome (robots are configured to run the steps of the process that make sense for automation, and humans are instructed or prompted as applicable, para. [0021], lines 16-19; different applications may also include sample replication, sample retrieval, DNA (deoxyribonucleic acid) extraction and sequencing, cell culture operator, operator for work in BSL (biological safety level) 3 and 4 laboratories, clinical laboratory operator—including, e.g., sample accessioning and/or chemistry synthesis operator—,and/or any other suit able laboratory applications, para. [0043], lines 8-14); Guarracina discloses inputting, by the system, a size of the selected at least one genome of the microorganism and the selected sequencing coverage into a flow cell capacity bar whereby the flow cell capacity bar is configured to process a percent usage of a flow cell for the selected at least one genome and the selected sequencing coverage (robots are configured to run the steps of the process that make sense for automation, and humans are instructed or prompted as applicable, para. [0021], lines 16-19; software provided in accordance with aspects of the disclosed embodiment can instruct, prompt, and/or time and capture all relevant experiment data for experiments being run by combinations of mobile robotic opera tors and human operators, para. [0022], lines 9-13); Guarracina discloses outputting, by the system, a percent capacity of the flow cell capacity bar, thereby providing a software application for determining a capacity of each sequencing run (robots are configured to run the steps of the process that make sense for automation, and humans are instructed or prompted as applicable, para. [0021], lines 16-19; software provided in accordance with aspects of the disclosed embodiment can instruct, prompt, and/or time and capture all relevant experiment data for experiments being run by combinations of mobile robotic opera tors and human operators, para. [0022], lines 9-13); Guarracina discloses: and a web application allowing thereby providing a system for user defined sample analysis output metrics (the robots described herein are configured to run the steps of the process that make sense for automation, and humans are instructed or prompted as applicable; i.e., serially, or simultaneously, or in parallel with automation, to run elements of the process with data sent to mobile devices that are accessible to the humans, para. [0021], lines 16-22). Regarding claim 2, Guarracina discloses whereby the system calculates a sample pooling volume based on a reference genome size of a genus of the at least one genome of the microorganism (software provided in accordance with aspects of the disclosed embodiment can instruct, prompt, and/or time and capture all relevant experiment data for experiments being run by combinations of mobile robotic opera tors and human operators, to provide a richer history of data that can be evaluated to gauge experimental performance, para. [0022], lines 9-14; that is, the software provided is capable of calculating via the automation and the mobile devices disclosed above). Regarding claim 3, Guarracina discloses whereby nucleic acid sequencing reads are input into the percent usage of the flow cell (the robots described herein are configured to run the steps of the process that make sense for automation, and humans are instructed or prompted as applicable; i.e., serially, or simultaneously, or in parallel with automation, to run elements of the process with data sent to mobile devices that are accessible to the humans, para. [0021], lines 16-22; that is, the device disclosed is capable of inputting nucleic sequence reads into percent usage of a flow cell via the instructions from the user of the device). Regarding claim 4, Guarracina whereby the system calculates a sample pooling amount for each sample based on the selected sequencing coverage (a history of data that can be analyzed to determine if the steps of the process were correctly followed and if the timings of the experiment match the original experimental definition, para. [0022], lines 15-17). Regarding claim 5, Guarracina discloses wherein the sample pooling amount is a volume amount of nucleic acids (a history of data that can be analyzed to determine if the steps of the process were correctly followed and if the timings of the experiment match the original experimental definition, para. [0022], lines 15-17). Regarding claim 6, Guarracina discloses whereby the system comprises computer instructions for actuating a liquid handling system for loading the sample pooling amount into a rack on a workstation of an apparatus for automating a nucleic acid sequencing process (software provided in accordance with aspects of the disclosed embodiment can instruct, prompt, and/or time and capture all relevant experiment data for experiments being run by combinations of mobile robotic operators and human operators, to provide a richer history of data that can be evaluated to gauge experimental performance, para. [0022], lines 9-14; further, the aspects of the disclosed embodiment include a series of robotic manipulators to open instrument doors , press buttons and perform operation steps in a similar way to humans, para. [0022], lines 33-35). Regarding claim 7, Guarracina discloses whereby the system further comprises computer instructions for automatically actuating a robotic system or a liquid handling system for automating a nucleic acid sequencing process from sample preparation to loading into a sequencer upon receiving the sample parameters of each sequencing run (software provided in accordance with aspects of the disclosed embodiment can instruct, prompt, and/or time and capture all relevant experiment data for experiments being run by combinations of mobile robotic operators and human operators, to provide a richer history of data that can be evaluated to gauge experimental performance, para. [0022], lines 9-14; further, the aspects of the disclosed embodiment include a series of robotic manipulators to open instrument doors, press buttons and perform operation steps in a similar way to humans, para. [0022], lines 33-35). Regarding claim 8, Guarracina discloses whereby the computer instructions dynamically actuate the liquid handling system in real time (software provided in accordance with aspects of the disclosed embodiment can instruct, prompt, and/or time and capture all relevant experiment data for experiments being run by combinations of mobile robotic operators and human operators, to provide a richer history of data that can be evaluated to gauge experimental performance, para. [0022], lines 9-14; further, the aspects of the disclosed embodiment include a series of robotic manipulators to open instrument doors, press buttons and perform operation steps in a similar way to humans, para. [0022], lines 33-35). Regarding claim 9, Guarracina discloses whereby the computer instructions actuate the liquid handling system for piercing a cover of a loading port of a sequencing cartridge (whereby the computer instructions actuate the liquid handling system for piercing a cover of a loading port of a sequencing cartridge). Regarding claim 10, Guarracina discloses whereby the computer instructions actuate the liquid handling system for opening of a door of a sequencer machine for loading a sequencing module into the sequencer (software provided in accordance with aspects of the disclosed embodiment can instruct, prompt, and/or time and capture all relevant experiment data for experiments being run by combinations of mobile robotic operators and human operators, to provide a richer history of data that can be evaluated to gauge experimental performance, para. [0022], lines 9-14; further, the aspects of the disclosed embodiment include a series of robotic manipulators to open instrument doors, press buttons and perform operation steps in a similar way to humans, para. [0022], lines 33-35). Regarding claim 11, Guarracina discloses whereby the computer instructions actuate the liquid handling system for pooling a volume of a nucleic acid sample for a sequencing library calculated to meet the selected sequencing coverage (software provided in accordance with aspects of the disclosed embodiment can instruct, prompt, and/or time and capture all relevant experiment data for experiments being run by combinations of mobile robotic operators and human operators, to provide a richer history of data that can be evaluated to gauge experimental performance, para. [0022], lines 9-14; further, the aspects of the disclosed embodiment include a series of robotic manipulators to open instrument doors, press buttons and perform operation steps in a similar way to humans, para. [0022], lines 33-35). Regarding claim 12, Guarracina discloses whereby the computer instructions actuate the liquid handling system for moving a nucleic acid sample into a chamber with reagents for extracting a nucleic acid from a cell (software provided in accordance with aspects of the disclosed embodiment can instruct, prompt, and/or time and capture all relevant experiment data for experiments being run by combinations of mobile robotic operators and human operators, to provide a richer history of data that can be evaluated to gauge experimental performance, para. [0022], lines 9-14; further, the aspects of the disclosed embodiment include a series of robotic manipulators to open instrument doors, press buttons and perform operation steps in a similar way to humans, para. [0022], lines 33-35). Regarding claim 13, Guarracina discloses where the reagents for extracting the nucleic acids from the cell are reagents for cell lysis (dispensing liquids, para. [0038], lines 9-10; and DNA extraction, para. [0043], lines 9-10; that is, the system provides means for extracting DNA from a sample). Regarding claim 14, Guarracina discloses whereby the computer instructions actuate the liquid handling system for moving a nucleic acid sample into a chamber with reagents for fragmentation of a nucleic acid (software provided in accordance with aspects of the disclosed embodiment can instruct, prompt, and/or time and capture all relevant experiment data for experiments being run by combinations of mobile robotic operators and human operators, to provide a richer history of data that can be evaluated to gauge experimental performance, para. [0022], lines 9-14; further, the aspects of the disclosed embodiment include a series of robotic manipulators to open instrument doors, press buttons and perform operation steps in a similar way to humans, para. [0022], lines 33-35). Regarding claim 15, Guarracina discloses whereby the computer instructions actuate the liquid handling system for moving a nucleic acid sample into a chamber with reagents for end repair of a nucleic acid (software provided in accordance with aspects of the disclosed embodiment can instruct, prompt, and/or time and capture all relevant experiment data for experiments being run by combinations of mobile robotic operators and human operators, to provide a richer history of data that can be evaluated to gauge experimental performance, para. [0022], lines 9-14; further, the aspects of the disclosed embodiment include a series of robotic manipulators to open instrument doors, press buttons and perform operation steps in a similar way to humans, para. [0022], lines 33-35). Regarding claim 16, Guarracina discloses whereby the computer instructions actuate the liquid handling system for moving a nucleic acid sample into a chamber with reagents for reverse transcription of one or more nucleic acids (software provided in accordance with aspects of the disclosed embodiment can instruct, prompt, and/or time and capture all relevant experiment data for experiments being run by combinations of mobile robotic operators and human operators, to provide a richer history of data that can be evaluated to gauge experimental performance, para. [0022], lines 9-14; further, the aspects of the disclosed embodiment include a series of robotic manipulators to open instrument doors, press buttons and perform operation steps in a similar way to humans, para. [0022], lines 33-35). Regarding claim 17, Guarracina discloses whereby the computer instructions actuate the liquid handling system for moving a nucleic acid sample into a chamber with reagents for amplification of one or more nucleic acids (software provided in accordance with aspects of the disclosed embodiment can instruct, prompt, and/or time and capture all relevant experiment data for experiments being run by combinations of mobile robotic operators and human operators, to provide a richer history of data that can be evaluated to gauge experimental performance, para. [0022], lines 9-14; further, the aspects of the disclosed embodiment include a series of robotic manipulators to open instrument doors, press buttons and perform operation steps in a similar way to humans, para. [0022], lines 33-35). Regarding claim 18, Guarracina discloses whereby the computer instructions actuate the liquid handling system for moving a nucleic acid sample into a chamber with reagents for adding a sequencing adaptor to one or more nucleic acids (software provided in accordance with aspects of the disclosed embodiment can instruct, prompt, and/or time and capture all relevant experiment data for experiments being run by combinations of mobile robotic operators and human operators, to provide a richer history of data that can be evaluated to gauge experimental performance, para. [0022], lines 9-14; further, the aspects of the disclosed embodiment include a series of robotic manipulators to open instrument doors, press buttons and perform operation steps in a similar way to humans, para. [0022], lines 33-35). Regarding claim 19, Guarracina discloses whereby the computer instructions actuate the liquid handling system or the robotic arm for moving a chamber having a nucleic acid sample therein to a magnet plate in the workstation (software provided in accordance with aspects of the disclosed embodiment can instruct, prompt, and/or time and capture all relevant experiment data for experiments being run by combinations of mobile robotic operators and human operators, to provide a richer history of data that can be evaluated to gauge experimental performance, para. [0022], lines 9-14; further, the aspects of the disclosed embodiment include a series of robotic manipulators to open instrument doors, press buttons and perform operation steps in a similar way to humans, para. [0022], lines 33-35). Regarding claim 20, Guarracina discloses whereby the computer instructions actuate the liquid handling system or the robotic arm for moving a chamber having a nucleic acid sample therein to a vacuum manifold in the workstation (software provided in accordance with aspects of the disclosed embodiment can instruct, prompt, and/or time and capture all relevant experiment data for experiments being run by combinations of mobile robotic operators and human operators, to provide a richer history of data that can be evaluated to gauge experimental performance, para. [0022], lines 9-14; further, the aspects of the disclosed embodiment include a series of robotic manipulators to open instrument doors, press buttons and perform operation steps in a similar way to humans, para. [0022], lines 33-35). Regarding claim 21, Guarracina discloses whereby the computer instructions actuate the liquid handling system or the robotic arm for moving a chamber having a nucleic acid sample therein to a thermal cycler in the workstation (software provided in accordance with aspects of the disclosed embodiment can instruct, prompt, and/or time and capture all relevant experiment data for experiments being run by combinations of mobile robotic operators and human operators, to provide a richer history of data that can be evaluated to gauge experimental performance, para. [0022], lines 9-14; further, the aspects of the disclosed embodiment include a series of robotic manipulators to open instrument doors, press buttons and perform operation steps in a similar way to humans, para. [0022], lines 33-35; also discloses he collaborative apparatus described herein in accordance with the disclosed embodiment are configured to use these automation ready devices, but also devices that are normally driven by humans, para. [0022], lines 29-32; processing stations with one or more process tools may include (e.g., refrigeration, freezers, incubators, clean environments, hoods, etc., para. [0027], lines 6-8). Regarding claim 24, Guarracina discloses whereby a single or a series of software application(s) are responsible for tracking sample-related information and metadata from the inputs to the bioinformatics pipeline output (software provided in accordance with aspects of the disclosed embodiment can instruct, prompt, and/or time and capture all relevant experiment data for experiments being run by combinations of mobile robotic operators and human operators, to provide a richer history of data that can be evaluated to gauge experimental performance, para. [0022], lines 9-14). Regarding claim 25, Guarracina discloses whereby the single or the series of software application(s) making up the software system allow for the communication of the automation workflow and for controlling the bioinformatics pipelines (software provided in accordance with aspects of the disclosed embodiment can instruct, prompt, and/or time and capture all relevant experiment data for experiments being run by combinations of mobile robotic operators and human operators, to provide a richer history of data that can be evaluated to gauge experimental performance, para. [0022], lines 9-14). 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 19 is rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0208171 A1-Guarracina as applied to claim 7 above, and further in view of US 10,900,032 B2- Handique et al (hereinafter “Handique”). Regarding claim 19, Guarracina teaches the invention discussed above in claim 7. Further, Guarracina teaches a robotic arm of the system (robot arm 206, para. [0027], lines 29-30). However, Guarracina does not explicitly teach a magnet plate. For claim 19, Handique teaches a system related to enabling at least partial automation of protocols involved in single cell capture and subsequent processing (col. 2, lines 40-41) and Handique teaches magnetic separation components (col. 3, lines 14-15), which reads on the instant claim limitation of a magnet plate. It would have been obvious to one of ordinary skill, in the art at the time, to further include a magnet plate—magnetic components as taught by Handique, because Handique teaches the magnetic components of the system allow for fluid handling and separation, and the system and/or method can confer the benefit of providing automated sample and library cleanup steps (col. 3, lines 15-17). Claims 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0208171 A1-Guarracina as applied to claim 1 above, and further in view of AU2015249160A1-Williams. Regarding claim 22, Guarracina teaches the invention discussed above in claim 1. Further, Guarracina teaches sample extraction and sequencing, and various applications of the system. However, Guarracina does not teach a genome of the Escherichia genus, the Listeria genus, the Salmonella genus, or the Campylobacter genus. For claim 22, Williams teaches an invention relating to systems for extracting polynucleotides from multiple samples, particularly from biological samples, and additionally to systems that subsequently amplify and detect the extracted polynucleotides (para. [0002], lines 1-3; and Williams teaches the apparatuses as described herein therefore find application to analyzing any nucleic acid containing sample for any purpose, including but not limited to genetic testing, para. [0102], lines 1-3) and Williams teaches a probe selective for a polynucleotide sequence that is characteristic of an organism selected from the group consisting of Escherichia (para. [0234], lines 1-2 and 13), which reads on the instant claim limitation of a genome of the Escherichia genus. It would have been obvious to one of ordinary skill, in the art at the time, to further include at least the selected one microorganism genome is a genome of the Escherichia genus as taught by Williams, because Williams teaches the probe can be selective for a polynucleotide sequence that is characteristic of an organism, for example any organism that employs deoxyribonucleic acid or ribonucleic acid polynucleotides. Thus, the probe can be selective for any organism the probe; and Williams teaches the probe is selective for microorganisms, for example, organisms used in food production (for example, yeasts employed in fermented products, molds or bacteria employed in cheeses, and the like) or pathogens (e.g., of humans, domesticated or wild mammals, domesticated or wild birds, and the like, para. [0233], lines 3-10). Regarding claim 23, Guarracina teaches the invention discussed above in claim 1. However, Guarracina does not teach whereby at least the selected one microorganism genome is a SARS- CoV-2, an influenza A, an influenza B, or Human Respiratory Syncytial Virus (RSV) genome. For claim 23, Williams teaches an invention relating to systems for extracting polynucleotides from multiple samples, particularly from biological samples, and additionally to systems that subsequently amplify and detect the extracted polynucleotides (para. [0002], lines 1-3; and Williams teaches the apparatuses as described herein therefore find application to analyzing any nucleic acid containing sample for any purpose, including but not limited to genetic testing, para. [0102], lines 1-3) and Williams teaches the targets for which clinical assays currently exist, and that may be tested for using the apparatus and methods may be bacterial or viral, and include Influenza A (para. [0102], lines 1-6), which reads on the instant claim limitation of one microorganism genome is Influenza A. It would have been obvious to one of ordinary skill, in the art at the time, to further include one microorganism genome is Influenza A as taught by Williams, because Williams the system allows for analyzing any nucleic acid containing sample for any purpose, including but not limited to genetic testing, and clinical testing for various infectious diseases in humans (para. [0102], lines 1-6). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LENORA A. ABEL whose telephone number is (571)272-8270. The examiner can normally be reached Monday-Friday 7:00am-4:00pm. 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, Michael Marcheschi can be reached at (571) 272-1374. 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. /L.A.A./Examiner, Art Unit 1799 /MICHAEL L HOBBS/Primary Examiner, Art Unit 1799
Read full office action

Prosecution Timeline

Jun 23, 2023
Application Filed
Apr 22, 2026
Non-Final Rejection mailed — §101, §102, §103
Jul 22, 2026
Response after Non-Final Action
Jul 22, 2026
Response Filed

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Prosecution Projections

1-2
Expected OA Rounds
69%
Grant Probability
99%
With Interview (+34.3%)
3y 2m (~1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 201 resolved cases by this examiner. Grant probability derived from career allowance rate.

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