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 10/27/2023 and 10/28/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-14 in the reply filed on 06/10/2026 is acknowledged.
Claims 15-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim.
Claim Status
Claims 1-18 are pending with claims 1-14 being examined, claims 15-18 are withdrawn.
Claim Objections
Claim 2 is objected to because of the following informalities:
In line 6, the “functional element faces away” should read –functional element that faces away--.
Claim 10 is objected to because of the following informalities:
In line 5, the “Extention” should read –extension--.
Appropriate correction is required.
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 9-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lahti (US 6164449; hereinafter “Lahti”).
Regarding claim 1, Lahti teaches a storage device (Lahti; fig. 1. 1) for storing one or more pipettor consumables (Lahti; Fig. 1; 5), the storage device comprising:
a storage plate having an upper side and a lower side (Lahti; Fig. 5: 7, 9; col. 3, lines 3-10), and, on the upper side, a number of accommodation seats (Lahti; Fig. 5: 4; col. 3, lines 3-10), wherein
each accommodation seat is configured to receive a pipettor consumable (Lahti; Fig. 1: 5; col. 3, lines 3-10) in an upside down orientation (Lahti; Abstract), and wherein
the storage device comprises:
one or more positioning elements (Lahti; Fig. 5: 14; col. 3, lines 11-23) for positioning the storage device in relation to a carrier (Lahti; Fig. 5: 8; col. 3, lines 11-23), and/or one or more stacking elements for stacking the storage device with another storage device (Lahti; Fig. 5: 13; col. 3, lines 11-23).
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Regarding claim 9, Lahti teaches the storage device according to claim 1 (see above), comprising at least one pipettor consumable (Lahti; fig. 1. 5).
Regarding claim 10, Lahti teaches the storage device according to claim 1 (see above), comprising at least one pipette tip attachment (Lahti; fig. 1. 5), the pipette tip attachment comprising a proximal end (Lahti; fig. 1. 5 collar of the pipette tip attachment), a distal end (Lahti; fig. 1. 5 tip of the pipette tip attachment) and an exterior wall (Lahti; fig. 1. 5 conical outer wall of the pipette tip attachment), the exterior wall forming at the proximal end a pipette tip reception aperture (Lahti; fig. 1. 5 collar of the pipette tip attachment), at the distal end a dispense aperture (Lahti; fig. 1. 5 tip of the pipette tip attachment), and enclosing an inner cavity for receiving a pipette tip extension (Lahti; fig. 2. 5 illustrates the inner cavity of the pipette tip attachment), wherein each accommodation seat is configured to reversibly hold a pipette tip attachment in an orientation in which the distal end of the pipette tip attachment abuts the support bottom of the storage device with play (Lahti; fig. 5. 4, 5) with play (Lahti; Col. 3 lines 13-14 “push holes 11 have a diameter larger than a diameter of the tip”).
Regarding claim 11 Lahti teaches a storage assembly comprising two or more storage devices according to claim 1 (Lahti; fig. 2 and Col. 2. lines 36-37), wherein a first storage device is stacked onto the other storage device (Lahti; fig. 2).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Lahti (US 6164449; hereinafter “Lahti”) in view of Belz et al. (US 20110300621 A1; hereinafter “Belz”).
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Regarding claim 2, Lahti teaches the storage device according to claim 1 (see above), wherein each accommodation seat comprises a support bottom and a lateral support (Lahti; Col. 2 lines 48-50), wherein each accommodation seat is configured to hold a pipettor consumable in that a proximal end of a pipettor consumable (Lahti; Col. 3 lines 39-41 “tips 5 match holes 4”) comprising a plug-on aperture (Lahti; fig. 3. 11, 12) abuts the support bottom (Lahti; fig. 2. 11, 2, 14) with play (Lahti; Col. 3 lines 13-14 “push holes 11 have a diameter larger than a diameter of the tip”)
Lahti fails to teach a distal end of a pipettor consumable comprising a functional element faces away from the support bottom when the pipettor consumable is inserted into an accommodation seat.
However, Belz teaches the analogous art of a rack for storing pipettor consumables (Belz; [0071]) that includes an accommodation seat (Belz; fig. 3. 20) and a distal end (Belz; fig. 3. 60) comprising a functional element (Belz; fig. 5. 21) faces away from the support bottom (Belz; fig. 4. 55) when the pipettor consumable (Belz; fig. 3. 4) is inserted into an accommodation seat (Belz; fig. 3. 20).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Lahti’s distal end of a pipettor consumable to include a functional element faces away from the support bottom when the pipettor consumable is inserted into an accommodation seat as taught by Belz because Belz teaches a rack for storing pipettor consumables (Belz; [0071]) that includes an accommodation seat (Belz; fig. 3. 20) and a distal end (Belz; fig. 3. 60) comprising a functional element (Belz; fig. 5. 21) faces away from the support bottom (Belz; fig. 4. 55) when the pipettor consumable (Belz; fig. 3. 4) is inserted into an accommodation seat (Belz; fig. 3. 20).
The modification allows transport of liquid from the bottom of the chamber to the seat area (Belz; [0133]).
Regarding claim 4, Lahti teaches the storage device according to claim 1 (see above) to include positioning elements (see above).
Lahti fails to teach wherein at least one of the positioning elements is configured as a pin extending from the upper side of the storage plate towards a bottom side of the storage plate, the hollow pin being arranged at an edge formed by a longitudinal side and a transverse side of the storage device.
However, Belz teaches the analogous art of a rack for storing pipettor consumables (Belz; [0071]) that includes positioning elements (Belz; fig. 15, 31 and [0104]), wherein at least one of the positioning elements is configured as a pin (Belz; [0165] “positioning elements are pins”) extending from the upper side (Belz; fig. 15. 66) of the storage plate (Belz; fig. 15. 60) towards a bottom side of the storage plate (Belz; fig. 16. 31), the hollow pin being arranged at an edge formed by a longitudinal side and a transverse side of the storage device (Belz; fig. 13. 31, and 15. 30).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Lahti’s positioning elements wherein at least one of the positioning elements is configured as a pin extending from the upper side of the storage plate towards a bottom side of the storage plate, the hollow pin being arranged at an edge formed by a longitudinal side and a transverse side of the storage device as taught by Belz because Belz teaches a rack for storing pipettor consumables (Belz; [0071]) that includes positioning elements (Belz; fig. 15, 31 and [0104]), wherein at least one of the positioning elements is configured as a pin (Belz; [0165] “positioning elements are pins”) extending from the upper side (Belz; fig. 15. 66) of the storage plate (Belz; fig. 15. 60) towards a bottom side of the storage plate (Belz; fig. 16. 31), the hollow pin being arranged at an edge formed by a longitudinal side and a transverse side of the storage device (Belz; fig. 13. 31, and 15. 30).
The modification allows to position element 31 located in one corner to engage with positioning elements 36 (Belz; [0165]).
Claims 3 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Lahti (US 6164449; hereinafter “Lahti”) in view of Sarna et al. (US 20050150808 A1; hereinafter “Sarna”).
Regarding claim 3, Lahti teaches the storage device according to claim 1 (see above) to include an upper side (see above).
Lahti fails to teach an upper side comprising at least two positioning elements extending away from the upper side, wherein at least one of the positioning elements is configured as a two-part wing, enclosing an edge being in alignment with an edge formed by a longitudinal side and a transverse side of the storage device at the upper side.
However, Sarna teaches the analogous art of a rack for storing pipettor consumables (Sarna; [0002]) that includes an upper side (Sarna; fig. 3. 19 (upper part of the tray)), wherein an upper side comprising at least two positioning elements extending away from the upper side (Sarna; fig. 3. 7, 8), wherein at least one of the positioning elements is configured as a two-part wing enclosing an edge being in alignment with an edge (Sarna; fig. 3. 7, 8 illustrates the positioning elements as two-part wing), enclosing an edge being in alignment with an edge enclosing an edge being in alignment with an edge (Sarna; [0032] “corner edges”), formed by a longitudinal side and a transverse side of the storage device at the upper side (Sarna; fig. 3. 7, 8 illustrates the positioning elements embrace a longitudinal side (long side) and a traverse side (short side)).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Lahti’s upper side to include at least two positioning elements extending away from the upper side, wherein at least one of the positioning elements is configured as a two-part wing, enclosing an edge being in alignment with an edge formed by a longitudinal side and a transverse side of the storage device at the upper side as taught by Sarna because Sarna teaches a rack for storing pipettor consumables (Sarna; [0002]) that includes an upper side (Sarna; fig. 3. 19 (upper part of the tray)), wherein an upper side comprising at least two positioning elements extending away from the upper side (Sarna; fig. 3. 7, 8), wherein at least one of the positioning elements is configured as a two-part wing enclosing an edge being in alignment with an edge (Sarna; fig. 3. 7, 8 illustrates the positioning elements as two-part wing), enclosing an edge being in alignment with an edge enclosing an edge being in alignment with an edge (Sarna; [0032] “corner edges”), formed by a longitudinal side and a transverse side of the storage device at the upper side (Sarna; fig. 3. 7, 8).
The modification allows to superimpose trays that include tips (Sarna; [0011]).
Regarding claim 8, Lahti teaches the storage device according to claim 1 (see above) to include one positioning element (see above).
Lahti fails to teach comprising one positioning element and/or one stacking element on each edge formed by a longitudinal side and a transverse side.
However, Sarna teaches the analogous art of a rack for storing pipettor consumables (Sarna; [0002]) that includes positioning elements (Sarna; fig. 2. 7, 8) comprising one positioning element on each edge formed by a longitudinal side and a transverse side (Sarna; fig. 2. 7, 8).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Lahti’s positioning element to include one positioning element and/or one stacking element on each edge formed by a longitudinal side and a transverse side as taught by Sarna because Sarna teaches a rack for storing pipettor consumables (Sarna; [0002]) that includes positioning elements (Sarna; fig. 2. 7, 8) comprising one positioning element on each edge formed by a longitudinal side and a transverse side (Sarna; fig. 2. 7, 8).
The modification allows to superimpose trays with tips (Sarna; [0011]).
Claims 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Lahti (US 6164449; hereinafter “Lahti”) in view of Caiazzo (EP 2484599 A1; hereinafter “Caiazzo”).
Regarding claim 5, Lahti teaches the storage device according to claim 1 (see above) to include one or more stacking elements (see above).
Lahti fails to teach each stacking element is positioned in an edge formed by a longitudinal side and an adjacent transverse side of the storage device .
However, Caiazzo teaches the analogous art of a storage device (Caiazzo; fig. 1. 1) that includes two or more stacking elements (Caiazzo; fig. 1. 60) positioned in an edge (Caiazzo; fig. 1. 4) formed by a longitudinal side and an adjacent traverse side of the storage device (Caiazzo; fig. 1. 3).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Lahti’s one or more stacking elements to be positioned in an edge formed by a longitudinal side and an adjacent transverse side of the storage device as taught by Caiazzo because Caiazzo teaches a storage device (Caiazzo; fig. 1. 1) that includes two or more stacking elements (Caiazzo; fig. 1. 60) positioned in an edge (Caiazzo; fig. 1. 4) formed by a longitudinal side and an adjacent traverse side of the storage device (Caiazzo; fig. 1. 3).
The modification allows to insert the columns in the conduits (Caiazzo; claim 1) to form a stacked storage device (Caiazzo; fig. 8. 9).
Regarding claim 7, Lahti teaches the storage device according to claim 5 (see above) to include a stacking element (see above).
Lahti fails to teach wherein the distal end of a stacking element is configured to interact with a positioning element of a storage device positioned below.
However, Caiazzo teaches the analogous art of a storage device (Caiazzo; fig. 1. 1) that includes stacking elements (Caiazzo; fig. 1. 60) wherein the distal end of a stacking element (Caiazzo; fig. 5. 60) is configured to interact with a positioning element of a storage device positioned below (Caiazzo; fig. 5. 50).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Lahti’s stacking element wherein the distal end of a stacking element is configured to interact with a positioning element of a storage device positioned below as taught by Caiazzo because Caiazzo teaches a storage device (Caiazzo; fig. 1. 1) that includes stacking elements (Caiazzo; fig. 1. 60) wherein the distal end of a stacking element (Caiazzo; fig. 5. 60) is configured to interact with a positioning element of a storage device positioned below (Caiazzo; fig. 5. 50).
The modification allows to insert the columns in the conduits (Caiazzo; claim 1) to form a stacked storage device (Caiazzo; fig. 8. 9).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Lahti (US 6164449; hereinafter “Lahti”) in view of Sager et al (US 20210178400 A1; hereinafter “Sager”).
Regarding claim 6, Lahti teaches the storage device according to claim 5 (see above) to include stacking elements (see above).
Lahti fails to teach one or each of the stacking elements are conical tapered tubes with a fitting aperture at the upper side of the storage plate, and a distal end at the bottom side.
However, Sager teaches the analogous art of a tray for a pipetting apparatus (Sager; Abstract) that includes stacking elements (Sager; fig. 6D. 42), wherein one or each of the stacking elements are conical tapered tubes (Sager; fig. 6D. 42) with a fitting aperture at the upper side of the storage plate (Sager; fig. 6D. 43), and a distal end at the bottom side (Sager; fig. 6D. distal end of 42).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Lahti’s stacking elements wherein one or each of the stacking elements are conical tapered tubes with a fitting aperture at the upper side of the storage plate, and a distal end at the bottom side as taught by Sager because Sager teaches a tray for a pipetting apparatus (Sager; Abstract) that includes stacking elements (Sager; fig. 6D. 42), wherein one or each of the stacking elements are conical tapered tubes (Sager; fig. 6D. 42) with a fitting aperture at the upper side of the storage plate (Sager; fig. 6D. 43), and a distal end at the bottom side (Sager; fig. 6D. distal end of 42).
The modification allows coupling between the first and second cavity trays (Sager; [0069]).
Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Lahti (US 6164449; hereinafter “Lahti”) in view of Blumentritt (EP 2210668 A2; hereinafter “Blumentritt”).
Regarding claim 12, Lahti teaches the storage device of claim 1 (see above).
Lahti fails to teach the storage device of comprises a presentation assembly, and a carrier, the carrier comprising a carrier plate with an upper side, a bottom side and a plurality of presentation seats on the upper side of the carrier plate, wherein the number of presentation seats of the carrier corresponds to the number of accommodation seats of the storage device, and wherein the presentation seats are arranged in an array which is mirror-inverted to the array of the accommodation seats on the upper side of the storage device.
However, Blumentritt teaches the analogous art of a holder for pipette tips (Blumentritt; Title), that includes a storage device (Blumentritt; fig. 4. 21), and a carrier (Blumentritt; fig. 8. 47), the carrier comprising a carrier plate (Blumentritt; fig. 8. 52) with an upper side (Blumentritt; fig. 8. 52 top of carrier plate), a bottom side (Blumentritt; fig. 7. 54) and a plurality of presentation seats (Blumentritt; fig. 8. 53) on the upper side of the carrier plate (Blumentritt; fig. 8. 53), wherein the number of presentation seats of the carrier corresponds to the number of accommodation seats (Blumentritt; [0056] “intermediate floor 52 has holes 53 which have a matrix corresponding to the holes 23 of plate 21”) of the storage device, and wherein the presentation seats are arranged in an array which is mirror-inverted to the array of the accommodation seats on the upper side of the storage device (Blumentritt; [0056]).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Lehti’s storage device to include a presentation assembly, and a carrier, the carrier comprising a carrier plate with an upper side, a bottom side and a plurality of presentation seats on the upper side of the carrier plate, wherein the number of presentation seats of the carrier corresponds to the number of accommodation seats of the storage device, and wherein the presentation seats are arranged in an array which is mirror-inverted to the array of the accommodation seats on the upper side of the storage device as taught by Blumentritt because Blumentritt teaches a holder for pipette tips (Blumentritt; Title), that includes a storage device (Blumentritt; fig. 4. 21), and a carrier (Blumentritt; fig. 8. 47), the carrier comprising a carrier plate (Blumentritt; fig. 8. 52) with an upper side (Blumentritt; fig. 8. 52 top of carrier plate), a bottom side (Blumentritt; fig. 7. 54) and a plurality of presentation seats (Blumentritt; fig. 8. 53) on the upper side of the carrier plate (Blumentritt; fig. 8. 53), wherein the number of presentation seats of the carrier corresponds to the number of accommodation seats (Blumentritt; [0056] “intermediate floor 52 has holes 53 which have a matrix corresponding to the holes 23 of plate 21”) of the storage device, and wherein the presentation seats are arranged in an array which is mirror-inverted to the array of the accommodation seats on the upper side of the storage device (Blumentritt; [0056]).
The modification allows the pipette tips to be guided to be safely inserted when the stack is positioned superimposed (Blumentritt; [0029]).
Regarding claim 13, Lahti teaches the assembly according to claim 12 (see above), to include a storage device (see above).
Lahti fails to teach wherein the storage device, with the upper side of the storage plate, abuts with the upper side of the carrier, so that opposite to each accommodation seat of the storage device, one presentation seat of the carrier is positioned.
However, Blumentritt teaches the analogous art of a holder for pipette tips (Blumentritt; Title), that includes a storage device (Blumentritt; fig. 4. 21), and a carrier (Blumentritt; fig. 8. 47), wherein the storage device, with the upper side of the storage plate, abuts with the upper side of the carrier, so that opposite to each accommodation seat of the storage device, one presentation seat of the carrier is positioned (Blumentritt; fig. 10. 21, 47, 52).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Lahti’s storage device wherein the storage device, with the upper side of the storage plate, abuts with the upper side of the carrier, so that opposite to each accommodation seat of the storage device, one presentation seat of the carrier is positioned as taught by Blumentritt because Blumentritt teaches a holder for pipette tips (Blumentritt; Title), that includes a storage device (Blumentritt; fig. 4. 21), and a carrier (Blumentritt; fig. 8. 47), wherein the storage device, with the upper side of the storage plate, abuts with the upper side of the carrier, so that opposite to each accommodation seat of the storage device, one presentation seat of the carrier is positioned (Blumentritt; fig. 10. 21, 47, 52).
The modification allows the pipette tips to be guided to be safely inserted when the stack is positioned superimposed (Blumentritt; [0029]).
Regarding claim 14, Lahti teaches the assembly according to claim 12 (see above) to include positioning elements (see above).
Lahti fails to teach wherein for bringing the accommodation seats and the presentation seats into a congruent position to each other, each position element of the storage device is configured to act onto the carrier in a position-specific manner.
However, Blumentritt teaches the analogous art of a holder for pipette tips (Blumentritt; Title) that includes positioning elements (Blumentritt; fig. 1. 9 and fig. 2. 33), wherein for bringing the accommodation seats and the presentation seats into a congruent position to each other, each position element of the storage device is configured to act onto the carrier in a position-specific manner (Blumentritt; [0043]).
The modification allows the insertion of carrier plate to accommodate with the storage device and the carrier (Blumentritt; [0042]-[0043]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX RAMIREZ whose telephone number is (571)272-9756. The examiner can normally be reached Monday - Friday 8:00 - 5:00.
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/A.R./Examiner, Art Unit 1798
/CHARLES CAPOZZI/Supervisory Patent Examiner, Art Unit 1798
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