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 .
Election/Restrictions
Applicant’s election without traverse of Group 1: claims 1, 2, 4, 5, 8-11, 13, 16, 18, 24, 31, and 38-45 in the reply filed on 1/30/2026 is acknowledged.
Priority
The examiner acknowledges the present application claims priority to Provisional Application 63/479,068 filed 01/09/2023.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/11/2024, 1/11/2024, 4/18/2024, 5/24/2024, 8/15/2024, 6/27/2025, 7/18/2025, 10/27/2025, 1/27/2026, are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 2, 4, 5, 8-11, 13, 16, 18, 24, 31, and 38-45 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 21 and 23 of U.S. Patent No. US10936163B2, in view of prior art US20210240312A1. Although the claims at issue are not identical, they are not patentably distinct from each other because both sets of claims recite substantially the same elements. The dissimilar feature of claim 1 of the instant application and claim 21 of patent US10936163B2 are underlined below.
Instant application 18/407,398
Patent Number US 10936163 B2
Claim 1:
A method executed by at least one processor for navigating a path of hierarchical menu levels adapted for output to a graphical user interface (GUI), the method comprising:
providing, by at least one processor, a first command for a first menu of one or more user-selectable menu items to be displayed on a first portion of a user interface (UI) display; and
providing, by the at least one processor, a second command for a second menu of one or more user-selectable menu items to be displayed on the first portion of the UI display in response to a user's selection,
wherein at least one of user-selectable menu items of the first menu is adapted to be displayed on a second portion of the UI display and comprises one or more of a past-selected menu item and a past-unselected menu item of the hierarchical menu levels and is adapted to be concurrently viewed with the second menu in the first portion; and
further wherein the one or more user-selectable menu items of the second menu comprises menu item provide for establishment of one or more criterion to be applied against one or more experiments.
Claim 4: The method of claim 1, wherein the experiment is an electrochemiluminescence (ECL)-based assay.
Claim 24:
A method executed by at least one processor for navigating a path of hierarchical menu levels adapted for output to a graphical user interface (GUI), the method comprising:
providing, by at least one processor, a first command for a first menu of one or more user-selectable menu items to be displayed on a first portion of a user interface (UI) display; and
providing, by the at least one processor, a second command for a second menu of one or more user-selectable menu items to be displayed on the first portion of the UI display in response to a user's selection,
wherein at least one of user-selectable menu items of the first menu is adapted to be displayed on a second portion of the UI display and comprises one or more of a past-selected menu item and a past-unselected menu item of the hierarchical menu levels and is adapted to be concurrently viewed with the second menu in first portion; and
further wherein the one or more user-selectable menu items of the second menu comprises menu items provide at least one option to create, organize, and/or aggregate data related to one or more experiments.
Claim 31:
A method executed by at least one processor for navigating a path of hierarchical menu levels adapted for output to a graphical user interface (GUI), the method comprising:
providing, by at least one processor, a first command for a first menu of one or more user-selectable menu items to be displayed on a first portion of a user interface (UI) display; and
providing, by the at least one processor, a second command for a second menu of one or more user-selectable menu items to be displayed on the first portion of the UI display in response to a user's selection,
wherein at least one of user-selectable menu items of the first menu is adapted to be displayed on a second portion of the UI display and comprises one or more of a past-selected menu item and a past-unselected menu item of the hierarchical menu levels and is adapted to be concurrently viewed with the second menu in first portion; and
further wherein the one or more user-selectable menu items of the second menu comprises menu items provide at least one option to review and/or analyze data related to one or more experiments.
Claim 38:
A method executed by at least one processor for navigating a path of hierarchical menu levels adapted for output to a graphical user interface (GUI), the method comprising:
providing, by at least one processor, a first command for a first menu of one or more user-selectable menu items to be displayed on a first portion of a user interface (UI) display; and
providing, by the at least one processor, a second command for a second menu of one or more user-selectable menu items to be displayed on the first portion of the UI display in response to a user's selection,
wherein at least one of user-selectable menu items of the first menu is adapted to be displayed on a second portion of the UI display and comprises one or more of a past-selected menu item and a past-unselected menu item of the hierarchical menu levels and is adapted to be concurrently viewed with the second menu in first portion; and
further wherein the one or more user-selectable menu items of the second menu comprises menu items provide at least one option to manipulate data related to one or more experiments.
Claim 42: The method of claim 38, wherein the one or more experiments include an assay-based experiment.
Claim 43: The method of claim 42, wherein the assay-based experiment is an electrochemiluminescence (ECL)-based assay.
Claim 45:
A method executed by one or more processors for navigating a path of hierarchical menu levels adapted for output to a graphical user interface (GUI), the method comprising:
providing, by one or more processors, a first command for a first menu of one or more user-selectable menu items to be displayed on a first portion of a user interface (UI) display; and
providing, by the one or more processors, a second command for a second menu of one or more user-selectable menu items to be displayed on the first portion of the UI display in response to a user's selection,
wherein at least one of user-selectable menu items of the first menu is adapted to be displayed on a second portion of the UI display and comprises one or more of a past-selected menu item and a past-unselected menu item of the hierarchical menu levels and is adapted to be concurrently viewed with the second menu in first portion; and
further wherein the one or more user-selectable menu items of the second menu comprises data related to one or more experiments and at least one corresponding indicator.
Claim 21: [limitations of claim 1 upon which claim 21 depends] A method executed by at least one processor for navigating a path of hierarchical menu levels adapted for output to a user interface (UI), the method comprising:
providing, by at least one processor, a first command for a first menu of one or more user-selectable menu items to be displayed on a first portion of a user interface (UI) display; and
providing, by the at least one processor, a second command for a second menu of one or more user-selectable menu items to be displayed on the first portion of the UI display in response to a user's selection,
wherein, in response to the user's selection, the first menu is adapted to be displayed on the second portion of the UI display and comprises one or more of a past-selected menu item and a past-unselected menu item of the first menu and is adapted to be concurrently viewed in the second portion with the second menu in the first portion.
[limitations from Claim 21]: …wherein the computer application comprises an application for manipulating, designing, performing, reviewing, measuring, or analyzing an experiment.
-Claim 21’s functions of “manipulating, designing, performing, reviewing, measuring, or analyzing an experiment,” can be interpreted as the instant claim’s “criterion” for experiments. Claim 21 is silent regarding the functions as items in a second menu.
-Prior art US20210240312A1 [0016-0017] discloses “a second menu of user-selectable choices.”
Claim 23: …wherein the experiment comprises one or more electrochemiluminescence assays.
Claim 21: [limitations of claim 1 upon which claim 21 depends] A method executed by at least one processor for navigating a path of hierarchical menu levels adapted for output to a user interface (UI), the method comprising:
providing, by at least one processor, a first command for a first menu of one or more user-selectable menu items to be displayed on a first portion of a user interface (UI) display; and
providing, by the at least one processor, a second command for a second menu of one or more user-selectable menu items to be displayed on the first portion of the UI display in response to a user's selection,
wherein, in response to the user's selection, the first menu is adapted to be displayed on the second portion of the UI display and comprises one or more of a past-selected menu item and a past-unselected menu item of the first menu and is adapted to be concurrently viewed in the second portion with the second menu in the first portion
[limitations from Claim 21]: …wherein the computer application comprises an application for manipulating, designing, performing, reviewing, measuring, or analyzing an experiment.
-Claim 21’s functions of “manipulating, designing, performing, reviewing, measuring, or analyzing an experiment,” can be interpreted as the instant claim’s “option to create, organize, and/or aggregate data” of experiments. Claim 21 is silent regarding the functions as items in a second menu.
-Prior art US20210240312A1 [0016-0017] discloses “a second menu of user-selectable choices.”
Claim 21: [limitations of claim 1 upon which claim 21 depends] A method executed by at least one processor for navigating a path of hierarchical menu levels adapted for output to a user interface (UI), the method comprising:
providing, by at least one processor, a first command for a first menu of one or more user-selectable menu items to be displayed on a first portion of a user interface (UI) display; and
providing, by the at least one processor, a second command for a second menu of one or more user-selectable menu items to be displayed on the first portion of the UI display in response to a user's selection
wherein, in response to the user's selection, the first menu is adapted to be displayed on the second portion of the UI display and comprises one or more of a past-selected menu item and a past-unselected menu item of the first menu and is adapted to be concurrently viewed in the second portion with the second menu in the first portion
[limitations from Claim 21]: …wherein the computer application comprises an application for manipulating, designing, performing, reviewing, measuring, or analyzing an experiment.
-Claim 21’s functions of “manipulating, designing, performing, reviewing, measuring, or analyzing an experiment,” can be interpreted as the instant claim’s “option to review and/or analyze data” of experiments. Claim 21 is silent regarding the functions as items in a second menu.
-Prior art US20210240312A1 [0016-0017] discloses “a second menu of user-selectable choices.”
Claim 21: [limitations of claim 1 upon which claim 21 depends] A method executed by at least one processor for navigating a path of hierarchical menu levels adapted for output to a user interface (UI), the method comprising:
providing, by at least one processor, a first command for a first menu of one or more user-selectable menu items to be displayed on a first portion of a user interface (UI) display; and
providing, by the at least one processor, a second command for a second menu of one or more user-selectable menu items to be displayed on the first portion of the UI display in response to a user's selection,
wherein, in response to the user's selection, the first menu is adapted to be displayed on the second portion of the UI display and comprises one or more of a past-selected menu item and a past-unselected menu item of the first menu and is adapted to be concurrently viewed in the second portion with the second menu in the first portion,
[limitations from Claim 21]: …wherein the computer application comprises an application for manipulating, designing, performing, reviewing, measuring, or analyzing an experiment.
-Claim 21’s functions of “manipulating, designing, performing, reviewing, measuring, or analyzing an experiment,” can be interpreted as the instant claim’s “option to manipulate data” of experiments. Claim 21 is silent regarding the functions as items in a second menu.
-Prior art US20210240312A1 [0016-0017] discloses “a second menu of user-selectable choices.”
Claim 23: …wherein the experiment comprises one or more electrochemiluminescence assays.
Claim 23: …wherein the experiment comprises one or more electrochemiluminescence assays.
Claim 21: [limitations of claim 1 upon which claim 21 depends] A method executed by at least one processor for navigating a path of hierarchical menu levels adapted for output to a user interface (UI), the method comprising:
providing, by at least one processor, a first command for a first menu of one or more user-selectable menu items to be displayed on a first portion of a user interface (UI) display; and
providing, by the at least one processor, a second command for a second menu of one or more user-selectable menu items to be displayed on the first portion of the UI display in response to a user's selection,
wherein, in response to the user's selection, the first menu is adapted to be displayed on the second portion of the UI display and comprises one or more of a past-selected menu item and a past-unselected menu item of the first menu and is adapted to be concurrently viewed in the second portion with the second menu in the first portion,
[limitations from Claim 21]: …wherein the computer application comprises an application for manipulating, designing, performing, reviewing, measuring, or analyzing an experiment.
-Claim 21’s functions of “manipulating, designing, performing, reviewing, measuring, or analyzing an experiment,” can be interpreted as the instant claim’s “data related to experiments,” and an “indicator” of experiments. Claim 21 is silent regarding the functions as items in a second menu.
-Prior art US20210240312A1 [0016-0017] discloses “a second menu of user-selectable choices.”
As seen in the above table, patent US 10936163 B2’s claim 21 discloses all the limitations of the instant claims 1, 24, 31, 38, and 45, except for the limitation “further wherein the one or more user-selectable menu items of the second menu comprises menu items…” However, prior art US20210240312A1 suggests that the deficient limitations are known. Specifically, prior art US20210240312A1 paragraphs [0016-0017] discloses “a second menu of user-selectable choices.” It would have been obvious to combine the features of patent US 10936163 B2’s claim 21 with the second menu of prior art US20210240312A1, to have the features displayed as selectable second menu items. One would be motivated to combine patent US 10936163 B2 and prior art US20210240312A1 to have the benefit of a more organized interface, which reduces clutter, and increases user satisfaction.
Claims 2, 4, 5, 8-11, 13, 16, 18 are dependent claims and inherit the double patenting issues from independent claim 1.
Claims 39-44 are dependent claims and inherit the double patenting issues from independent claim 38.
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, 31, and 38-45 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.
Claim 24 recites the limitation "in first portion" in the second to last limitation. It is unclear to the examiner whether the “first portion” mentioned here is the same or different than the “first portion” introduced in the 2nd limitation of claim 24. Clarification is required. Claims 31, 38, and 45 recite similar issues.
Claims 39-44 are dependent claims, and inherit the 35 U.S.C. §112(b) rejections from independent claim 38.
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, 2, 4, 5, 8-11, 13, 16, 18, 24, 31, and 38-45 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wohlstadter et al., Patent Application Publication Number US 20210240312 A (hereinafter “Wohlstadter”).
Claim 1: Wohlstadter teaches “A method executed by at least one processor for navigating a path of hierarchical menu levels adapted for output to a graphical user interface (GUI) (i.e. a method executed by at least one processor for navigating a path of hierarchical menu levels adapted for output to a graphical user interface (GUI) [Wohlstadter 0015]), the method comprising:
providing, by at least one processor, a first command for a first menu of one or more user-selectable menu items to be displayed on a first portion of a user interface (UI) display (i.e. a first command for a first menu of one or more user-selectable menu items to be displayed on a first portion of a user interface (UI) display [Wohlstadter 0812, see also Fig. 2A-2C, and corresponding paragraphs 0217-0242]); and
providing, by the at least one processor, a second command for a second menu of one or more user-selectable menu items to be displayed on the first portion of the UI display in response to a user's selection (i.e. a second command for a second menu of one or more user-selectable menu items to be displayed on the first portion of the UI display in response to a user's selection [Wohlstadter 0812, see also Fig. 2A-2C, and corresponding paragraphs 0217-0242]),
wherein at least one of user-selectable menu items of the first menu is adapted to be displayed on a second portion of the UI display and comprises one or more of a past-selected menu item and a past-unselected menu item of the hierarchical menu levels and is adapted to be concurrently viewed with the second menu in the first portion (i.e. wherein the first menu is adapted to be displayed on a second portion of the UI display and comprises one or more of a past-selected menu item and a past-unselected menu item of the hierarchical menu levels and is adapted to be concurrently viewed with the second menu in the first portion [Wohlstadter 0812, see also Fig. 2A-2C, and corresponding paragraphs 0217-0242]); and
further wherein the one or more user-selectable menu items of the second menu comprises menu items (i.e. a default menu suitable for selecting options for experimental design or experimental analysis… default menu may be a first menu, second menu, third menu, and/or any other menu from a level in a hierarchical menu tree [Wohlstadter 0252] note: from 0252, the menu levels disclosed can be on any menu level in the hierarchical menu tree, including the second menu) provide for establishment of one or more criterion to be applied against one or more experiments (i.e. FIG. 7 is a diagram illustrating a user interface workflow for selecting an assay method in one embodiment [Wohlstadter 0027, Fig. 7]… Assay Method—The method by which an assay is performed, including but not limited to: 1. Instrument protocol that should be executed and the parameters for execution of that protocol [Wohlstadter 0377] note: an “assay” is an experiment. Fig. 7 shows selection of assay methods in multiple hierarchal menus. Assay methods include criterions for which experiments are to be performed, such as protocols and parameters. Note2: this is interpreted as intended use).”
Claim 2: Wohlstadter teaches “The method of claim 1, wherein the one or more criterion provide for establishing, recalling, refining, modifying, and/or editing one or more criteria as applied to data related to the one or more experiments (Fig. 7 shows assay (experiment) options, which upon selection, edit the experiments. E.g. editing the assay method that includes samples).”
Claim 4: Wohlstadter teaches “The method of claim 1, wherein the experiment is an electrochemiluminescence (ECL)-based assay (i.e. one or more experiments can include the performance of ECL-based assays [Wohlstadter 0584]).”
Claim 5: Wohlstadter teaches “The method of claim 1, wherein the one or more criterion provide for filtering, limiting, truncating, and/or customizing (i.e. assay method defines: The assays on the plate; The plate layout; Number of calibrators, controls, and max number of samples; Control, Calibrator, and sample dilutions; Number of replicates for controls, calibrators, and samples; The instrument protocol (incubation time, perform blocker, and/or others). A default Assay Method is provided for every kit, the system software allows the user to create a custom Assay Method [Wohlstadter 0408, Fig. 6]) one or more data sets related to the one or more experiments.”
Claim 8: Wohlstadter teaches “The method of claim 1, wherein options of the first menu of one or more user-selectable menu items (i.e. a default menu suitable for selecting options for experimental design or experimental analysis… default menu may be a first menu, second menu, third menu, and/or any other menu from a level in a hierarchical menu tree [Wohlstadter 0252] note: from 0252, the menu levels disclosed can be on any menu level in the hierarchical menu tree, including the first menu) include designing one or more criterion, creating one or more new criterion, and/or recalling one or more previously created criterion (i.e. processing shown in this screen may be performed responsive to the DEFINE option (FIG. 5, 512) being executed. The assay method defines: The assays on the plate; The plate layout; Number of calibrators, controls, and max number of samples; Control, Calibrator, and sample dilutions; Number of replicates for controls, calibrators, and samples; The instrument protocol (incubation time, perform blocker, and/or others). A default Assay Method is provided for every kit, the system software allows the user to create a custom Assay Method based on a default [Wohlstadter 0408, Fig. 5-6]).”
Claim 9: Wohlstadter teaches “The method of claim 8, wherein in response to a selection of the creating one or more new criterion, the first portion is adapted to display options to limit, exclude, and/or flag certain data from the data related to the one or more experiments (Claim 9 recites the following contingent limitation(s): “in response to a selection of the creating one or more new criterion, the first portion is adapted to display options to limit, exclude, and/or flag certain data from the data related to the one or more experiments.” The limitation(s) is/are contingent because claim 8 does not require “creating one or more new criterion” to occur. Claim 8 requires one of the criterion limitations to occur (e.g. “designing one or more criterion,” or “recalling one or more previously created criterion”). The BRI of claim 8 includes the scenario where “designing one or more criterion,” or “recalling one or more previously created criterion” is selected. In this scenario, the limitations upon which claim 9 depends (e.g. “in response to a selection of the creating one or more new criterion” do not occur. Thus, claim 9 recites contingent limitations).”
Claim 10: Wohlstadter teaches “The method of claim 8, wherein the one or more new criterion comprises ECL-related parameters, including one or more of signal, adjusted signal, Signal %CV, calc. concentration, calc. concentration %CV, and/or % Recovery (Claim 10 recites the following contingent limitation(s): “wherein the one or more new criterion comprises ECL-related parameters, including one or more of signal, adjusted signal, Signal %CV, calc. concentration, calc. concentration %CV, and/or % Recovery.” The limitation(s) is/are contingent because claim 8 does not require “one or more new criterion” to occur. Claim 8 requires one of the criterion limitations to occur (e.g. “designing one or more criterion,” or “recalling one or more previously created criterion”). The BRI of claim 8 includes the scenario where “designing one or more criterion,” or “recalling one or more previously created criterion” is selected. In this scenario, the limitations upon which claim 10 depends (e.g. “wherein the one or more new criterion comprises…” do not occur. Thus, claim 10 recites contingent limitations).”
Claim 11: Wohlstadter teaches “The method of claim 9, wherein the options to limit, exclude, and/or flag certain data includes filtering the data by one or more of a less-than value, an equal-to value, a greater-than value, within a range of values, and/or within one or more reference values (Claim 11 recites the following contingent limitation(s): “wherein the options to limit, exclude, and/or flag certain data includes filtering the data by one or more of a less-than value, an equal-to value, a greater-than value, within a range of values, and/or within one or more reference values.” The limitation(s) is/are contingent because claim 11’s limitations depends on claim 9’s limitations, which depends on claim 8’s limitation, which does not require “creating one or more new criterion” to occur. Claim 8 requires one of the criterion limitations to occur (e.g. “designing one or more criterion,” or “recalling one or more previously created criterion”). The BRI of claim 8 includes the scenario where “designing one or more criterion,” or “recalling one or more previously created criterion” is selected. In this scenario, the limitations upon which claim 11 depends (e.g. “wherein the options to limit, exclude, and/or flag certain data includes” do not occur. Thus, claim 11 recites contingent limitations).”
Claim 13: Wohlstadter teaches “The method of claim 8, wherein the one or more new criterion can be later recalled, edited, and/or modified, wherein in response to a selection of recalling one or more previously created criterion, the first portion is adapted to display criterion from a previously created and saved set of criteria (Claim 13 recites the following contingent limitation(s): “wherein the one or more new criterion can be later recalled, edited, and/or modified, wherein in response to a selection of recalling one or more previously created criterion, the first portion is adapted to display criterion from a previously created and saved set of criteria.” The limitation(s) is/are contingent because claim 13’s limitations “wherein the one or more new criterion can be later recalled,” depends on claim 8’s limitation, which does not require “creating one or more new criterion” to occur. Claim 8 requires one of the criterion limitations to occur (e.g. “designing one or more criterion”). The BRI of claim 8 includes the scenario where “designing one or more criterion,” is selected. In this scenario, the limitations upon which claim 13 depends (e.g. “wherein the one or more new criterion can be later recalled…” do not occur. Thus, claim 13 recites contingent limitations).”
Claim 16: Wohlstadter teaches “The method of claim 1 wherein options of the first menu of one or more user-selectable menu items (i.e. a default menu suitable for selecting options for experimental design or experimental analysis… default menu may be a first menu, second menu, third menu, and/or any other menu from a level in a hierarchical menu tree [Wohlstadter 0252] note: from 0252, the menu levels disclosed can be on any menu level in the hierarchical menu tree, including the first menu) includes displaying one or more of recent and/or available criteria (i.e. FIG. 7 is a diagram illustrating a user interface workflow for selecting an assay method in one embodiment [Wohlstadter 0027, Fig. 7]… Assay Method—The method by which an assay is performed, including but not limited to: 1. Instrument protocol that should be executed and the parameters for execution of that protocol [Wohlstadter 0377] note: an “assay” is an experiment. Fig. 7 shows selection of assay methods in multiple hierarchal menus. Assay methods include criterions for which experiments are to be performed, such as protocols and parameters. Note2: if the criteria displayed, then the criteria is also available).”
Claim 18: Wohlstadter teaches “The method of claim 1, wherein the UI display further includes an advanced selector, wherein in response to a first selection of the advanced selector, the UI display is adapted to display an advanced context menu that includes advanced menu choices (i.e. advanced context menu 270 may be accessed via an advanced context menu selector 290… advanced context menu 270 provides additional advanced menu items 271 beyond the items appearing in the current menu [Wohlstadter 0258, Fig. 2P]),
wherein the advanced menu choices include an option to display one or more of sets of criteria (i.e. selection of advanced menu items 271 may include items displayed in the current menu in the first (active) portion 204 [Wohlstadter 0259, Fig. 2P]), and
wherein the display of one or more sets of criteria include: displaying existing criteria, displaying only visible criteria (i.e. menu items that are excluded from display due to a limiting command are provided in the advanced context menu 270 [Wohlstadter 0304]), displaying all criteria, and/or displaying only hidden criteria.”
Claim 24: Wohlstadter teaches “A method executed by at least one processor for navigating a path of hierarchical menu levels adapted for output to a graphical user interface (GUI) (i.e. a method executed by at least one processor for navigating a path of hierarchical menu levels adapted for output to a graphical user interface (GUI) [Wohlstadter 0015]), the method comprising:
providing, by at least one processor, a first command for a first menu of one or more user-selectable menu items to be displayed on a first portion of a user interface (UI) display (i.e. a first command for a first menu of one or more user-selectable menu items to be displayed on a first portion of a user interface (UI) display [Wohlstadter 0812, see also Fig. 2A-2C, and corresponding paragraphs 0217-0242]); and
providing, by the at least one processor, a second command for a second menu of one or more user-selectable menu items to be displayed on the first portion of the UI display in response to a user's selection (i.e. a second command for a second menu of one or more user-selectable menu items to be displayed on the first portion of the UI display in response to a user's selection [Wohlstadter 0812, see also Fig. 2A-2C, and corresponding paragraphs 0217-0242]),
wherein at least one of user-selectable menu items of the first menu is adapted to be displayed on a second portion of the UI display and comprises one or more of a past-selected menu item and a past-unselected menu item of the hierarchical menu levels and is adapted to be concurrently viewed with the second menu in first portion (i.e. wherein the first menu is adapted to be displayed on a second portion of the UI display and comprises one or more of a past-selected menu item and a past-unselected menu item of the hierarchical menu levels and is adapted to be concurrently viewed with the second menu in the first portion [Wohlstadter 0812, see also Fig. 2A-2C, and corresponding paragraphs 0217-0242]); and
further wherein the one or more user-selectable menu items of the second menu comprises menu items (i.e. a default menu suitable for selecting options for experimental design or experimental analysis… default menu may be a first menu, second menu, third menu, and/or any other menu from a level in a hierarchical menu tree [Wohlstadter 0252] note: from 0252, the menu levels disclosed can be on any menu level in the hierarchical menu tree, including the second menu) provide at least one option to create, organize, and/or aggregate data related to one or more experiments (i.e. In this example assay method, the options for the workflows for the system include: Create a new run 508 [Wohlstadter 0407, Fig. 5, 7]… Assay Method—The method by which an assay is performed, including but not limited to: 1. Instrument protocol that should be executed and the parameters for execution of that protocol [Wohlstadter 0377] note: an “assay” is an experiment. Fig. 5, 7 shows selection of assay methods in multiple hierarchal menus. Creating a new assay/experiment run is also creating data related to experiments. Note2: this is interpreted as intended use).”
Claim 31: Wohlstadter teaches “A method executed by at least one processor for navigating a path of hierarchical menu levels adapted for output to a graphical user interface (GUI) (i.e. a method executed by at least one processor for navigating a path of hierarchical menu levels adapted for output to a graphical user interface (GUI) [Wohlstadter 0015]), the method comprising:
providing, by at least one processor, a first command for a first menu of one or more user-selectable menu items to be displayed on a first portion of a user interface (UI) display (i.e. a first command for a first menu of one or more user-selectable menu items to be displayed on a first portion of a user interface (UI) display [Wohlstadter 0812, see also Fig. 2A-2C, and corresponding paragraphs 0217-0242]); and
providing, by the at least one processor, a second command for a second menu of one or more user-selectable menu items to be displayed on the first portion of the UI display in response to a user's selection (i.e. a second command for a second menu of one or more user-selectable menu items to be displayed on the first portion of the UI display in response to a user's selection [Wohlstadter 0812, see also Fig. 2A-2C, and corresponding paragraphs 0217-0242]),
wherein at least one of user-selectable menu items of the first menu is adapted to be displayed on a second portion of the UI display and comprises one or more of a past-selected menu item and a past-unselected menu item of the hierarchical menu levels and is adapted to be concurrently viewed with the second menu in first portion (i.e. wherein the first menu is adapted to be displayed on a second portion of the UI display and comprises one or more of a past-selected menu item and a past-unselected menu item of the hierarchical menu levels and is adapted to be concurrently viewed with the second menu in the first portion [Wohlstadter 0812, see also Fig. 2A-2C, and corresponding paragraphs 0217-0242]); and
further wherein the one or more user-selectable menu items of the second menu comprises menu items (i.e. a default menu suitable for selecting options for experimental design or experimental analysis… default menu may be a first menu, second menu, third menu, and/or any other menu from a level in a hierarchical menu tree [Wohlstadter 0252] note: from 0252, the menu levels disclosed can be on any menu level in the hierarchical menu tree, including the second menu) provide at least one option to review and/or analyze data related to one or more experiments (i.e. FIG. 16 is a flow diagram illustrating a workflow of a user interface displayed for execute/review option in one embodiment. At the review screen, the system presents the results of the run [Wohlstadter 0421, Fig. 16] note: this is interpreted as intended use).”
Claim 38: Wohlstadter teaches “A method executed by at least one processor for navigating a path of hierarchical menu levels adapted for output to a graphical user interface (GUI) (i.e. a method executed by at least one processor for navigating a path of hierarchical menu levels adapted for output to a graphical user interface (GUI) [Wohlstadter 0015]), the method comprising:
providing, by at least one processor, a first command for a first menu of one or more user-selectable menu items to be displayed on a first portion of a user interface (UI) display (i.e. a first command for a first menu of one or more user-selectable menu items to be displayed on a first portion of a user interface (UI) display [Wohlstadter 0812, see also Fig. 2A-2C, and corresponding paragraphs 0217-0242]); and
providing, by the at least one processor, a second command for a second menu of one or more user-selectable menu items to be displayed on the first portion of the UI display in response to a user's selection (i.e. a second command for a second menu of one or more user-selectable menu items to be displayed on the first portion of the UI display in response to a user's selection [Wohlstadter 0812, see also Fig. 2A-2C, and corresponding paragraphs 0217-0242]),
wherein at least one of user-selectable menu items of the first menu is adapted to be displayed on a second portion of the UI display and comprises one or more of a past-selected menu item and a past-unselected menu item of the hierarchical menu levels and is adapted to be concurrently viewed with the second menu in first portion (i.e. wherein the first menu is adapted to be displayed on a second portion of the UI display and comprises one or more of a past-selected menu item and a past-unselected menu item of the hierarchical menu levels and is adapted to be concurrently viewed with the second menu in the first portion [Wohlstadter 0812, see also Fig. 2A-2C, and corresponding paragraphs 0217-0242]); and
further wherein the one or more user-selectable menu items of the second menu comprises menu items (i.e. a default menu suitable for selecting options for experimental design or experimental analysis… default menu may be a first menu, second menu, third menu, and/or any other menu from a level in a hierarchical menu tree [Wohlstadter 0252] note: from 0252, the menu levels disclosed can be on any menu level in the hierarchical menu tree, including the second menu) provide at least one option to manipulate data related to one or more experiments (i.e. In response to the export command 391911, the requested file containing audit information 391917 can be exported to a user… providing users with the ability to customize the data format and/or utilize one or more applications of their choice to access, modify, and delete those data [Wohlstadter 0503, Fig. 39C] note: the export option is provided for the purpose of manipulating experiment data. Note2: this is interpreted as intended use).”
Claim 39: Wohlstadter teaches “The method of claim 38, wherein the data manipulation includes establishing, recalling, refining, modifying, and/or editing one or more criteria as applied to data related to the one or more experiments (i.e. FIG. 7 is a diagram illustrating a user interface workflow for selecting an assay method in one embodiment [Wohlstadter 0027, Fig. 7]… Assay Method—The method by which an assay is performed, including but not limited to: 1. Instrument protocol that should be executed and the parameters for execution of that protocol [Wohlstadter 0377] note: an “assay” is an experiment. Fig. 7 shows selection of assay methods in multiple hierarchal menus. Assay methods include criterions for which experiments are to be performed, such as protocols and parameters, which affect experiment data).”
Claim 40: Wohlstadter teaches “The method of claim 38, wherein the data manipulation includes editing, reviewing, processing, and/or combining of the data related to the one or more experiments (i.e. FIG. 16 is a flow diagram illustrating a workflow of a user interface displayed for execute/review option in one embodiment. At the review screen, the system presents the results of the run [Wohlstadter 0421, Fig. 16]).”
Claim 41: Wohlstadter teaches “The method of claim 38, wherein the data manipulation includes highlighting and/or focusing particular data of interest related to the one or more experiments (i.e. the fourth menu is a subsequent menu of Heat Map and comprises one or more of a spot layout [Wohlstadter 0883]… in response to a highlighting of a spot, the graph populates with data for the selected spot over the entire plate, or wherein in response to a highlighting of a spot and a well, the graph populates with data for the highlighted spot in the highlighted well [Wohlstadter 0884]).”
Claim 42: Wohlstadter teaches “The method of claim 38, wherein the one or more experiments include an assay-based experiment (i.e. embodiments described herein in conjunction with the figures relate to collect and prepare modules for performing assay-based experiments [Wohlstadter 0584]).”
Claim 43: Wohlstadter teaches “The method of claim 42, wherein the assay-based experiment is an electrochemiluminescence (ECL)-based assay (i.e. one or more experiments can include the performance of ECL-based assays [Wohlstadter 0584]).”
Claim 44: Wohlstadter teaches “The method of claim 41, wherein the data is obtained from an ECL-based immunoassay (i.e. Methods for measuring the amount of an analyte also include techniques that measure analytes through the detection of labels which may be attached directly or indirectly (e.g., through the use of labeled binding partners of an analyte) to an analyte. Suitable labels include labels that can be directly visualized (e.g., particles that may be seen visually and labels that generate a measurable signal such as… electrochemiluminescence [ECL]. Labels that may be used also include enzymes or other chemically reactive species that have a chemical activity that leads to a measurable signal such as light scattering, absorbance, fluorescence, etc. The use of enzymes as labels has been well established in in Enzyme-Linked ImmunoSorbent Assays, also called ELISAs, Enzyme ImmunoAssays [Wohlstadter 0349]).”
Claim 45: Wohlstadter teaches “A method executed by one or more processors for navigating a path of hierarchical menu levels adapted for output to a graphical user interface (GUI) (i.e. a method executed by at least one processor for navigating a path of hierarchical menu levels adapted for output to a graphical user interface (GUI) [Wohlstadter 0015]), the method comprising:
providing, by one or more processors, a first command for a first menu of one or more user-selectable menu items to be displayed on a first portion of a user interface (UI) display (i.e. a first command for a first menu of one or more user-selectable menu items to be displayed on a first portion of a user interface (UI) display [Wohlstadter 0812, see also Fig. 2A-2C, and corresponding paragraphs 0217-0242]); and
providing, by the one or more processors, a second command for a second menu of one or more user-selectable menu items to be displayed on the first portion of the UI display in response to a user's selection (i.e. a second command for a second menu of one or more user-selectable menu items to be displayed on the first portion of the UI display in response to a user's selection [Wohlstadter 0812, see also Fig. 2A-2C, and corresponding paragraphs 0217-0242]),
wherein at least one of user-selectable menu items of the first menu is adapted to be displayed on a second portion of the UI display and comprises one or more of a past-selected menu item and a past-unselected menu item of the hierarchical menu levels and is adapted to be concurrently viewed with the second menu in first portion (i.e. wherein the first menu is adapted to be displayed on a second portion of the UI display and comprises one or more of a past-selected menu item and a past-unselected menu item of the hierarchical menu levels and is adapted to be concurrently viewed with the second menu in the first portion [Wohlstadter 0812, see also Fig. 2A-2C, and corresponding paragraphs 0217-0242]); and
further wherein the one or more user-selectable menu items of the second menu (i.e. a default menu suitable for selecting options for experimental design or experimental analysis… default menu may be a first menu, second menu, third menu, and/or any other menu from a level in a hierarchical menu tree [Wohlstadter 0252] note: from 0252, the menu levels disclosed can be on any menu level in the hierarchical menu tree, including the second menu) comprises data related to one or more experiments (i.e. In this example assay method, the options for the workflows for the system include: Create a new run 508 [Wohlstadter 0407, Fig. 5, 7]… Assay Method—The method by which an assay is performed, including but not limited to: 1. Instrument protocol that should be executed and the parameters for execution of that protocol [Wohlstadter 0377] note: an “assay” is an experiment. Fig. 5, 7 shows selection of assay methods in multiple hierarchal menus. Creating a new assay/experiment run is also creating data related to experiments) and at least one corresponding indicator (i.e. the second portion further comprises an indicator bar, further wherein one or more of the past-selected menu items are adapted to be visually aligned with the indicator bar to designate which menu items were previously selected throughout a user's traversal of the menu hierarchy [Wohlstadter 0895]).”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wu (US 20190339820 A1) listed on 892 is related to displaying a subset of menu items.
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/S.S./Examiner, Art Unit 2179
/IRETE F EHICHIOYA/Supervisory Patent Examiner, Art Unit 2179
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