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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/15/2023 is being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(m) because the use of shading to indicate empty space (e.g., the shaded region that includes opening 306, which is just space in Figs. 3 and 4) and the use of unshaded areas to indicate structural parts (e.g., support portions 304 and lid 308, in Fig. 3) create confusion in showing the structure of the invention. Corrected drawing sheets in compliance with 37 CFR 1.121(d are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited 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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“temperature control unit configured to control a temperature of each of the sample receiving compartments individually” in claim 1, lines 6-7.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
In this instant case, the corresponding structure for:
the " temperature control unit configured to control a temperature of each of the sample receiving compartments individually" is at least two heating elements (para. 0021) with each heating element directly connected to a separate sample receiving compartment (para. 0043-0046), and a power interface (para. 0024), and equivalents thereof.
Claim Rejections - 35 USC § 102
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 1-6, 9 and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Joseph et al. (US 20100009335 A1).
Regarding claim 1, Joseph teaches a sample carrier for an imaging device, the sample carrier (Fig. 18, smart multi-well slide/plate) comprising:
at least two sample receiving elements (top left well, bottom left well), each sample receiving element having a sample receiving compartment (top left well, bottom left well) configured to receive a sample (para. 0067), wherein the sample receiving elements are either arranged in or form a frame (Fig. 18, arranged in frame 1809), the frame being configured to be received in the imaging device (interpreted as a functional limitation. The imaging device not positively recited and thus not part of the invention. The plate is structurally capably of being received by a imaging device. Moreover, para. 0140, the plate is capable of being on an inverted microscope); and
a temperature control unit (ITO plate 1819, electrodes 1821, Resistance Temperature Detector RTD assembly 1823 and flex cable) configured to control a temperature of each of the sample receiving compartments individually (paras. 0078 and para. 0080, electrodes are applied to the bottom of the plate for heating the wells, and each region/well is connected to an individual electrode or set electrode)(the corresponding structure under 35 U.S.C. 112(f) of at least two heating elements with each heating element directly connected to a separate sample receiving compartment and a power interface are met by the electrodes correspond to the top left well and the bottom left well, and the flex cable, respectively).
Regarding claim 2, Joseph teaches all of the elements of the current invention as stated above with respect to claim 1. Joseph further teaches wherein the temperature control unit is configured to heat and/or cool each of the sample receiving compartments individually (para. 0078 and para. 0080, electrodes are applied to the bottom of the plate for heating the wells, and each region/well is connected to an individual electrode or set electrode).
Regarding claim 3, Joseph teaches all of the elements of the current invention as stated above with respect to claim 1. Joseph further teaches wherein the temperature control unit comprises at least two heating elements (the electrode corresponds to the top left well and the electrode corresponds to the bottom left well), each heating element being configured to heat one of the sample receiving compartments (para. 0080, each well is connected to an individual electrode for heating).
Regarding claim 4, Joseph teaches all of the elements of the current invention as stated above with respect to claim 3. Joseph further teaches wherein each respective heating element is configured to heat the sample receiving compartment of a respective sample receiving element of the sample receiving elements (para. 0080, each well is connected to an individual electrode for heating; the electrode corresponds to the top left well is configured to sample receiving element 1, the electrode corresponds to the bottom left well is configured to sample receiving element 2).
Regarding claim 5, Joseph teaches all of the elements of the current invention as stated above with respect to claim 3, wherein each heating element is arranged in the frame at or next to one of the sample receiving elements (Fig. 18 and para. 0149, the heater assembly, which includes the electrodes, is installed into the plate assembly, and thus in the frame).
Regarding claim 6, Joseph teaches all of the elements of the current invention as stated above with respect to claim 3. Jospeh further teaches wherein the temperature control unit comprises a power interface (flex cable) configured to be connected to an external electrical power source, and to relay electrical power provided by the electrical power source to each of the heating elements (para. 0152).
Regarding claim 9, Joseph teaches all of the elements of the current invention as stated above with respect to claim 1. Joseph further teaches wherein the temperature control unit comprises a control interface configured to be connected to a control unit of the imaging device (paras. 0018, 0140, computer for temperature control and microscope).
Regarding claim 16, Joseph teaches all of the elements of the current invention as stated above with respect to claim 1. Joseph further teaches wherein at least one of the sample receiving elements comprises at least one injection port (the opening of port 7 that is in the well side) and a fluidics channel (the thickness of port 7 defines the channel) connecting the injection port to the sample receiving compartment (Fig. 3, para. 0064 and 0066).
Regarding claim 17, Joseph teaches all of the elements of the current invention as stated above with respect to claim 16. wherein the at least one sample receiving element comprises at least one venting port (the opening of port 8 that is in the well side)(“venting” is interpreted as an intended use. the opening of port 8 that in the well meets the structural limitation of the intended use) and a second fluidics channel (the thickness of port 8 defines the channel) connecting the venting port to the sample receiving compartment of the at least one sample receiving element (Fig. 3 and para. 0167).
Regarding claim 18, Joseph teaches all of the elements of the current invention as stated above with respect to claim 1. Jospeh further teaches wherein the at least two sample receiving elements are thermally isolated from each other (para. 0152, air gaps to isolate wells from surrounding and other wells).
Regarding claim 19, Joseph teaches all of the elements of the current invention as stated above with respect to claim 1. Joseph teaches wherein at least one of the at least two sample receiving elements is configured to be removable from the frame (Figs. 16B, 18, paras. 0060 and 0152, the inner shell 1817 is friction fit to the 1809, which is the frame, thus also removable from the frame).
Regarding claim 20, Joseph teaches all of the elements of the current invention as stated above with respect to claim 1. Joseph further teaches wherein the imaging device is a microscope, and the frame is configured to be received by a sample stage of the microscope (the imaging device is not positively recited. Moreover, para. 0152 teaches the plate rests on a microscope stage).
Claim Rejections - 35 USC § 103
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 8 is rejected under 35 U.S.C. 103 as being unpatentable over Joseph et al. (US 20100009335 A1).
Regarding claim 8, Joseph teaches all of the elements of the current invention as stated above with respect to claim 1. Joseph further teaches wherein the temperature control unit comprises at least one temperature sensor (RTD 1823)(para. 0148).
Joseph teaches temperature sensors such as RTDs are included to provide feedback to regulate (measure) the plate temperature (Fig. 18, paras. 0077, 0089, 0148). Joseph further teaches the embodiment in Fig. 18 comprising RTD 1823, but Josephs does not teach RTD 1823 is located in a position that is configure to measure the temperature of the top left well or the bottom left well, and thus Joseph does not explicitly teach RTD 1823 is configured to measure the temperature of at least one of the sample receiving compartments
However, Joseph teaches the temperature sensor may be located in any appropriate location of the plate to help regulate the temperature at any of the wells.
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the location of RTD 1823 as taught by Fig. 18 to a location to help regulate the temperature at the top left well as taught by para. 0077 with a reasonable expectation of success (para. 0077) (MPEP 2143)(I)(G).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Joseph et al. (US 20100009335 A1) in view of Larsen et al. (US 20080090287 A1).
Regarding claim 7, Jospeh teaches all of the elements of the current invention as stated above with respect to claim 1.
Joseph teaches a sample carrier is a temperature-regulated culture plate that is configured to be monitored by a microscope (title, para. 0010). Joseph teaches the culture plate comprises wells (sample receiving compartments) that are formed by inner shell 1817 as the walls of the wells and the heater plate (plate 1819 + electrodes 1821) as the bottom of the wells (para. 0148 and Fig. 18) such that the cell culture in the well has direct contact with the heater plate, and thus Joseph does not teach there is a temperature-controlling liquid between the wells the heating elements (electrodes 1821). Consequently, Joseph does not teach wherein the temperature control unit comprises a liquid interface configured to be connected to an external liquid source, and is configured to selectively direct a liquid received via the liquid source around each of the sample receiving compartments in order to control the temperature of each of the sample receiving compartments independently.
However, Larsen teaches an apparatus comprising a temperature-regulated culture dish that is configured to be monitored by a microscope (abstract, para. 0026-0027) and a heating plate. Larsen further teaches the culture dish comprise top part 41 including a well 4)(a sample receiving compartment) for holding cell culture, a bottom cup 40 and a hole 44 as inlet for temperature buffer liquid to the cavity (Fig. 4 and para. 0074). Larsen further teaches top part 41 (sample receiving compartment) is removably mounted on the bottom cup 40 with a cavity between top part 41 and bottom cup 40, and the cavity is filled with temperature buffer liquid (para. 0074). Larsen further teaches the temperature buffer liquid in the cavity allows for a gentler heat transfer between the heating plate and the cell medium in the culture dish, such that temperature variations in the culture medium of the wells 4 is substantially reduced, a temperature buffer liquid layer that is water actually improves visibility (para. 0026 and 0075).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sample carrier taught by Jospeh to include a removable top part with a well (hereinafter “well insert”) to be mounted into each of the wells formed by 1817 of Joseph (herein after “well 1817)” with a cavity between the well insert and the bottom of well 1817 which is the top surface of heater plate (1819 + 1821 of Jospeh), and an inlet to the cavity (hole 44 of Larsen) as taught by Larsen in order to have gentler heat transfer and reduce temperature variation in the culture medium in the well with a reasonable expectation of success (Larsen, para. 0075) (MPEP 2143)(I)(G).
The teachings of Joseph was modified by Larsen would yield the temperature control unit further comprises a liquid interface (hole 44 taught by Larsen) configured to be connected to an external liquid source (para. 0074), and is configured to selectively direct a liquid received via the liquid source around each of the sample receiving compartments (temperature buffer liquid is introduced through hole 44 into the cavity between each well insert, which is the compartment, and the bottom of well 1817, which is the heater plate 1819) in order to control the temperature of each of the sample receiving compartments independently (Larsen, para. 0075 and Joseph, paras. 0078 and 0080).
Claims 1-6 and 8-20 are rejected under 35 U.S.C. 103 as being unpatentable over ibidi (Instruction Manual, ibidi Heating system, Universal Fit Version 2.2, published May 23, 2019, retrieved from the internet URL https://27b0c15159.clvaw-cdnwnd.com/ceb37299f62a5115396634193b95a22c/200002590-4d53d4d53e/Ibidi%20ibidi%20Heating%20System,%20Universal%20Fit%20user%20manual%20ENG.pdf
[retrieved on 2026-04-08]) in view of Joseph (US 20100009335 A1), and further in view of Tseung et al. (US 5439649 A).
Regarding claim 1, ibidi teaches a sample carrier for an imaging device, the sample carrier Fig. 3 on p. 17 and Fig. 11 on p. , with embodiment of the “Heated Plate” for 4 Slides) comprising:
at least two sample receiving elements (one sample receiving element includes the first slide slot from the left, and the other sample receiving element includes the second slide slot from the left and the Heated Lid), each sample receiving element having a sample receiving compartment (the first slide slot from the left, the second slide slot from the left) configured to receive a sample, wherein the sample receiving elements are either arranged in or form a frame (the Heated Plate for 4 Slides form a frame)(Fig. 3), the frame being configured to be received in the imaging device (Fig.3, invented microscope); and
a temperature control unit (temperature controller and the electrical cable connected to the Heated Plate for 4 Slides)(Fig. 3 on p.17 and Fig. 11 on p.22).
Ibidi teaches the temperature controller is designed to individually control different heated components including the lid, the Heated Plate for 4 Slides. Ibidi teaches that the temperature controller is connected to the Heated Plate for 4 Slides to control the temperature of the Heated Plate for 4 Slides (Figs. 4, 5 and 11). Ibidi teaches the Heated Plate for 4 Slides is a single structure with four integrated compartments (slots) that form into a frame, and thus the temperature controller heats the all four compartments together; and therefore ibidi fails to teach a temperature control unit configured to control a temperature of each of the sample receiving compartments individually.
However, Joseph teaches a sample carrier with temperature control for culturing cells that can be observed under a microscope. Jospeh further teaches the sample carriers comprises of 6 wells (compartments), and each wells is heated individually for more precise temperature control both within a well, and across different wells (para. 0081).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the temperature control unit of ibidi to be configured to control a temperature of each of the sample receiving compartments individually as taught by Jospeh in order to achieve more precise temperature control within the compartment and across the compartment with a reasonable expectation of success (Joseph, para. 0081) (MPEP 2143)(I)(G).
In addition, Tseung teaches an apparatus with sample receiving compartments being heated individually. Tseung teaches the apparatus is for heating microscope slides with biological samples. Tseung further teaches the apparatus comprising removable heater blocks (compartments) each with individual electrical connection (col. 12, lns. 67-69), wherein the heater blocks are mounted on a frame comprising mounting blocks 206 and 207, and the heater blocks are separated by air gaps (Fig. 10). Tseung teaches that each heater block (compartment) is configured to hold a tray with wells (analogous to m-slide well of ibidi) and provide heating to the tray (Figs. 11A and 11B, col. 12, lns. 62-69). Tseng teaches apparatus allow individually heat each of the heater blocks to different temperatures, thereby concurrently providing different temperatures of operation for different reagent configurations without operator intervention. In the embodiment shown in FIG. 1, each of the individual heater blocks is heated electrically for easy temperature control. (col. 12, lns. 62-69).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the structure of the Heater Plate for 4 Slides taught by ibidi with 4 removable compartments (heater blocks) mounted on a frame (frame comprise of mounting block 206 and 207) with an air gap between the compartments, and each compartment connected to a separate electrical cable (each with individual electrical connection) as taught by Tseng in order to heat the compartments individually (Tseng, col. 12, lns. 59-69) to allow for providing different temperature to different compartment and/or more precisely control of the temperature with a reasonable expectation of success (Tseung, col. 12, lns. 59-69; and Joseph, para. 0081) (MPEP 2143)(I)(G). In addition, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the temperature controller with 4 channels (ibidi, section 4.3 on pp. 17-18) taught by ibidi to have additional three additional channels to accommodate additional compartments because it would have been within the ambit of one of ordinary skill in the art to arrive at through mere duplication of parts (MPEP 2144.04(VI)(B)) in order for the each compartment to be controlled individually by the temperature controller.
The teachings of ibidi as modified by Joseph and Tseng would yield a temperature control unit a temperature control unit configured to control a temperature of each of the sample receiving compartments individually, which has the corresponding structure under 35 U.S.C. 112(f) of at least two heating elements with each heating element directly connected to a separate sample receiving compartment (the electrical cables that are connected to the first slide slot from the left and the second slide slot from the left), and a power interface (temperature controller).
Regarding claim 2, modified ibidi teaches all of the elements of the current invention as stated above with respect to claim 1. Ibidi further teaches wherein the temperature control unit is configured to heat and
Regarding claim 3, modified ibidi teaches all of the elements of the current invention as stated above with respect to claim 1. Modified ibidi teaches wherein the temperature control unit comprises at least two heating elements (the electrical cables that are connected to the first slide slot from the left and the second slide slot from the left), each heating element being configured to heat one of the sample receiving compartments (each electrical cable is configured to heat the respective compartment).
Regarding claim 4, modified ibidi teaches all of the elements of the current invention as stated above with respect to claim 3. Modified ibidi further teaches wherein each respective heating element is configured to heat the sample receiving compartment of a respective sample receiving element of the sample receiving elements (each electrical cable is configured to heat the respective compartment of the respective sample receiving element, see claim 1).
Regarding claim 5, modified ibidi teaches all of the elements of the current invention as stated above with respect to claim 3. Modified ibidi further wherein each heating element is arranged in the frame at or next to one of the sample receiving elements (the electrical cables are connected to/next to the compartments which are part of the sample receiving elements).
Regarding claim 6, modified ibidi teaches all of the elements of the current invention as stated above with respect to claim 3. Modified ibidi further teaches wherein the temperature control unit comprises a power interface (temperature controller) configured to be connected to an external electrical power source, and to relay electrical power provided by the electrical power source to each of the heating elements (Fig. 11 on p. 22).
Regarding claim 8, modified ibidi teaches all of the elements of the current invention as stated above with respect to claim 1. Modified ibidi further wherein the temperature control unit comprises at least one temperature sensor configured to measure the temperature of at least one of the sample receiving compartments (Fig. 18, “measured”, shows temperature of the compartment is measured and thus the temperature control unit comprise a temperature sensor configured to measure the temperature of at least one of the sample receiving compartments. If it is determined that modified ibidi does not teach the temperature control unit comprises a temperature sensor configured to measure the temperature of at least one of the sample receiving compartments, then the following obviousness rejection is put forth. Fig. 18 shows the temperature of the Heated Plate for 4 slides is measured in order to control the temperature of the Heated Plate for 4 slides before the modification of claim 1. Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modified each of the removable compartment of the Heated Plate for 4 slides as taught by modified ibidi to comprise a temperature sensor in order to control the temperature of each compartment individually with a reasonable expectation of success (ibidi, Fig. 18) (MPEP 2143)(I)(G)).
Regarding claim 9, modified ibidi teaches all of the elements of the current invention as stated above with respect to claim 1. Modified ibidi further teaches wherein the temperature control unit comprises a control interface configured to be connected to a control unit of the imaging device (Fig. 11 on p. 22).
Regarding claim 10, modified ibidi teaches all of the elements of the current invention as stated above with respect to claim 1. Modified ibidi further wherein at least one sample receiving element (the sample receiving element that comprises the second slide slot from the left further comprises the Heated Lid) of the sample receiving elements is configured to receive a microscope slide (m-Slide 2 Well), the microscope slide defining a first wall of the sample receiving compartment of the at least one sample receiving element when the microscope slide is received in the sample receiving element (Fig. 3).
Regarding claim 11, modified ibidi teaches all of the elements of the current invention as stated above with respect to claim 10. Modified ibidi further teaches wherein the at least one sample receiving element comprises a lid (Heated Lid) configured to cover the sample receiving compartment (Figs 3 and 11), and wherein the lid defines a second wall of the sample receiving compartment of the at least one sample receiving element when the lid covers the sample receiving compartment, the second wall being arranged on a side of the sample receiving compartment opposite to the first wall (the Heated Lid forms a wall on top of the compartment and the slide forms a wall at the bottom of the compartment).
Regarding claim 12, modified ibidi teaches all of the elements of the current invention as stated above with respect to claim 10. Modified wherein the at least one sample receiving element comprises an optically transparent element (the Heated Lid) for observing the sample received in the sample receiving compartment of the at least one sample receiving element (Fig. 11, the Heated Lid is “optically transparent” for light to go through the covered plate), and wherein the optically transparent element defines a second wall of the sample receiving compartment of the at least one sample receiving element, the second wall being arranged on a side of the sample receiving compartment opposite to the first wall (the Heated Lid forms a wall on top of the compartment and the slide forms a wall at the bottom of the compartment).
Regarding claim 13, modified ibidi teaches all of the elements of the current invention as stated above with respect to claim 11.
Ibidi further teaches the Heated Lid cover 4 slide slots (compartments)(Figs. 3 and 11).
Modified ibidi does not explicitly teach wherein the at least one sample receiving element comprises at least one spacer element defining a predetermined distance between the first wall and the second wall.
However, Joseph an apparatus with a removable lid that cover multiple wells (compartments). Jospeh further teaches a gasket is placed on each well to create a seal between the well and lid to helping to maintain the microenvironment formed within each well. (Fig. 18 and para. 0060).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the compartments of modified ibidi to each include an gasket as taught by Jospeh in order to create a seal between the lid and the compartment to help maintain the microenvironment formed within each compartment with a reasonable expectation of success (Joseph, Fig. 18 and para. 0060) (MPEP 2143)(I)(G).
The teachings of modified ibidi would yield wherein the at least one sample receiving element comprises at least one spacer element (the gasket corresponds to the second slide slot from the left) defining a predetermined distance between the first wall and the second wall (the gasket is between the lid and the m-slide 2 well, the thickness of the gasket defines a predetermine distance).
Regarding claim 14, modified ibidi teaches all of the elements of the current invention as stated above with respect to claim 13. Modified ibidi further teaches wherein the spacer element extends around the sample receiving compartment of the at least one sample receiving element and forms a seal (the gasket sits on top of the compartment between the lid and the compartment, forming a seal. See claim 13 above).
Regarding claim 15, modified ibidi teaches all of the elements of the current invention as stated above with respect to claim 12.
Ibidi further teaches the Heated Lid cover 4 slide slots (compartments)(Figs. 3 and 11).
Modified ibidi does not teach wherein the at least one sample receiving element comprises at least one spacer element defining a predetermined distance between the first wall and the second wall.
However, Joseph an apparatus with a removable lid that cover multiple wells (compartments). Jospeh further teaches a gasket is placed on each well to create a seal between the well and lid to help maintain the microenvironment formed within each well. (Fig. 18 and para. 0060).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the compartments of modified ibidi to each include an gasket as taught by Jospeh in order to seal the lid and the compartment to help maintain the microenvironment formed within each compartment with a reasonable expectation of success (Joseph, Fig. 18 and para. 0060) (MPEP 2143)(I)(G).
The teachings of modified ibidi would yield wherein the at least one sample receiving element comprises at least one spacer element (the gasket corresponds to the second slide slot from the left) defining a predetermined distance between the first wall and the second wall (the gasket is between the lid and the m-Slide 2 Well, the thickness of the gasket defines a predetermine distance).
Regarding claim 16, modified ibidi teaches all of the elements of the current invention as stated above with respect to claim 1. Modified ibidi further teaches wherein at least one of the sample receiving elements (sample receiving element that comprises the second slide slot from the left further comprise the Heated Lid) comprises at least one injection port (the opening of the Luer lock connector) and a fluidics channel (the channel of the connector) connecting the injection port to the sample receiving compartment (Fig. 6).
Regarding claim 17, modified ibidi teaches all of the elements of the current invention as stated above with respect to claim 16. Modified ibidi further teaches wherein the at least one sample receiving element comprises at least one venting port and a second fluidics channel connecting the venting port (humidly sensor opening) to the sample receiving compartment of the at least one sample receiving element (Fig. 6).
Regarding claim 18, modified ibidi teaches all of the elements of the current invention as stated above with respect to claim 1. Modified ibidi teaches wherein the at least two sample receiving elements are thermally isolated from each other (air gap between the compartments, see claim 1).
Regarding claim 19, modified ibidi teaches all of the elements of the current invention as stated above with respect to claim 1, wherein at least one of the at least two sample receiving elements is configured to be removable from the frame (the compartment are removable in modified ibidi, see claim 1).
Regarding claim 20, modified ibidi teaches all of the elements of the current invention as stated above with respect to claim 1. Modified ibidi further wherein the imaging device is a microscope and the frame is configured to be received by a sample stage of the microscope (Figs. 3 and 11).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAY CHIU whose telephone number is (571)272-1054. The examiner can normally be reached 9 am - 5 pm.
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, Maris Kessel can be reached at 571-270-7698. 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.
/M.L.C./Examiner, Art Unit 1758
/MARIS R KESSEL/Supervisory Patent Examiner, Art Unit 1758
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