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 .
Drawings
The drawings were received on November 8, 2023. These drawings are acceptable.
Claim Objections
Claims 2, 6, 5, 10, and 11 are objected to because of the following informalities: Line 2 of claim 2, lines 2 and 3 of claim 5, and line 12 of claim 10 all recite “the lid”. This recitation was previously referred to as a “humidity control lid”. Applicant should utilize consistent terminology when referred to claimed embodiments. Additionally, claims 6 and 10 appear to have typographical errors; the examiner believes the terms “fluidicly” should be “fluidically”. 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.
Claim(s) 1, 5, and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pfost et al (US 6,485,690 B1).
With respect to claim 1 Pfost discloses a histological system for preparing histological samples (cassette 225, See Fig. 35) comprising:
A container (vacuum mechanism 232, See Fig. 36) configured to support histological samples for at least applying reagents to the histological samples and having an at least partially open top (See Fig. 36 reproduced below); and
a humidity control lid (combination of mother plate 231 and well plate 228) configured to be coupled with the container (See Fig. 35 for depiction of assembled cassette) and having at least one lid portal (wells in well plate 228) configured to be accessed through to an inside of the container, and comprising a humidifying layer (mother plate 231) having at least one humidifying portal (larger capacity wells for capturing effluent materials ejected from the wells in the well plate) aligned with the lid portal, the humidifying layer configured to create a humidifying zone in the humidifying portal having a humidity greater than the lid portal without the humidifying layer (See Col. 15, line 27 – Col. 16, line 18). Applicant should note the italicized limitations are directed to the function of the apparatus and/or the manner of operating the apparatus. All the structural limitations of the claim have been disclosed by Pfost and the apparatus of Pfost is capable of the recitations of claim 1. As such, it is deemed that the claimed apparatus is not differentiated from the apparatus of Pfost (see MPEP §2114). Furthermore, it is noted that applicant has provided figures that demonstrate that the at least one lid portal is disposed over the at least one humidifying portal, but no description of any differences in the composition of the humidifying layer vs the layer comprising the at least one lid portion. As such, the configuration of the mother plate and well plate of Pfost suffices to read upon the recitation describing the differences in humidity for the humidifying layer and the layer comprising the at least one lid portal.
With respect to claim 5 Pfost discloses a thermal control cover (top plate 226) with a removable top (See Col. 15, lines 51-53 for discussion of the injection gasket and top plate being assembled together with the reservoir membrane) and configured to be placed at least partially over the container with the humidity control lid, the top covering the at least one lid portal of the lid, the lid being configured to be removable by a robot (See assembled state of cassette 225 in Fig. 35)
Applicant should note the italicized limitations are directed to the function of the apparatus and/or the manner of operating the apparatus. All the structural limitations of the claim have been disclosed by Pfost and the apparatus of Pfost is capable of the recitations of claim 5. As such, it is deemed that the claimed apparatus is not differentiated from the apparatus of Pfost (see MPEP §2114).
With respect to claim 10 Pfost discloses a histological system for preparing histological samples (cassette 225, See Fig. 35) comprising:
A container (vacuum mechanism 232, See Fig. 36) configured to support histological samples for at least applying reagents to the histological samples and having an at least partially open top (See Fig. 36 reproduced below);
a humidity control lid (combination of mother plate 231 and well plate 228) configured to be coupled with the container (See Fig. 35 for depiction of assembled cassette) and having at least one lid portal (wells in well plate 228) configured to be accessed through to an inside of the container, and comprising a humidifying layer (mother plate 231) having at least one humidifying portal (larger capacity wells for capturing effluent materials ejected from the wells in the well plate) aligned with the lid portal, the humidifying layer configured to create a humidifying zone in the humidifying portal having a humidity greater than the lid portal without the humidifying layer (See Col. 15, line 27 – Col. 16, line 18); and
a thermal control cover (top plate 226) with a removable top (See Col. 15, lines 51-53 for discussion of the injection gasket and top plate being assembled together with the reservoir membrane) and configured to be placed at least partially over the container with the humidity control lid, the top covering the at least one lid portal of the lid, the lid being configured to be removable by a robot (See assembled state of cassette 225 in Fig. 35)
Applicant should note the italicized limitations are directed to the function of the apparatus and/or the manner of operating the apparatus. All the structural limitations of the claim have been disclosed by Pfost and the apparatus of Pfost is capable of the recitations of claim 10. As such, it is deemed that the claimed apparatus is not differentiated from the apparatus of Pfost (see MPEP §2114). Furthermore, it is noted that applicant has provided figures that demonstrate that the at least one lid portal is disposed over the at least one humidifying portal, but no description of any differences in the composition of the humidifying layer vs the layer comprising the at least one lid portion. As such, the configuration of the mother plate and well plate of Pfost suffices to read upon the recitation describing the differences in humidity for the humidifying layer and the layer comprising the at least one lid portal.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Testa et al (US 2011/0189782 A1) (provided by applicant in IDS dated 5/7/2024).
With respect to claim 1 Testa discloses a histological system (Para. 0002 for discussion of the invention pertaining to the field of cytology and histology) for preparing histological samples comprising:
A container (See Figs. 4-6, 16) configured tosupport histological samples for at least applying reagets to the histological samples (See Para. 0077 for discussion of the apparatus comprising a bottom member arranged to support at least one carrier member carrying at least one biological sample) and having an at least partially open top (See Figs. 1-2, 4 and Para. 0116 for discussion of the bottom member 12 and the lid member 14 being connected through an unshown hinge, wherein the open configuration creates an open top for bottom member 12); and
A humidity control is configured to be coupled with the container (See Figs. 4-6, 16 and Para. 0169 for discussion of the lid member being provided with holding means, such as a grid, slots, and/or fingers, supporting two humidity control strips) and having at least one lid portal (See Figs. 6, 16 and Para. 0211 for discussion of the lid being provided with a hole that provides an inlet for fluid to the reservoir 18 and enabling the robot to provide a fluid, such as water or a reagent to the reservoir and/or to the sample) configured to be accessed through to an inside of the container, and comprising a humidifying layer (humidity control strips comprise layer inside inner surface of the lid) having at least one humidifying portal aligned with the lid portal (See Figs. 6, 16 and Para. 0211 for discussion of the lid being provided with a hole that provides an inlet for fluid to the reservoir 18 and enabling the robot to provide a fluid, such as water or a reagent to the reservoir and/or to the sample), the humidifying layer configured to create a humidifying zone in the humidifying portal having a humidity greater than the lid portal without the humidifying layer (See Para. 0075 for discussion of how the proximity of the fluid reservoir and the sample is important in order to ensure that vapor from the reservoir can be generated at a rate able to maintain a constant high relative humidity in the chamber; Para. 0117 discusses how a higher amount of water in the reservoir is important to obtain a high rate of exchange of humid air to maintain the desired humidity above and within the sample; also See Para. 0180-181).
Applicant should note the italicized limitations are directed to the function of the apparatus and/or the manner of operating the apparatus. All the structural limitations of the claim have been disclosed by Testa and the apparatus of Testa is capable of the recitations of claim 1. As such, it is deemed that the claimed apparatus is not differentiated from the apparatus of Pfost (see MPEP §2114). Furthermore, it is noted that applicant has provided figures that demonstrate that the at least one lid portal is disposed over the at least one humidifying portal, but no description of any differences in the composition of the humidifying layer vs the layer comprising the at least one lid portion. As such, the configuration of the mother plate and well plate of Testa suffices to read upon the recitation describing the differences in humidity for the humidifying layer and the layer comprising the at least one lid portal.
Allowable Subject Matter
Claims 8 and 9 are allowed.
The following is an examiner’s statement of reasons for allowance: The closest cited prior art of reference fails to disclose or teach the incorporation of a shutter that is movably coupled to the top of the thermal control cover and having at least one shutter portal, wherein the shutter portal selectively aligns with the top portal by movement of the shutter relative to the top for selective access through the shutter portal and top portal and through the lid portal into the container. Claim 9 depends upon claim 8, and thus, inherits the same status.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Claims 2-4, 6, 7, 11 and 12 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The closest cited prior art of reference fails to disclose or teach:
A thermal control cover comprising a top having at least one top portal, the top portal being aligned with the lid portal, and a shutter that is movably coupled to the top of the thermal control cover and having at least one shutter portal, wherein the shutter portal selectively aligns with the top portal by movement of the shutter relative to the top for selective access through the shutter portal and top portal and through the lid portal into the container (claim 2). Claims 3 and 4 are dependent upon claim 2 and inherits the same status;
That the container comprises a water compartment and a waste compartment fluidically separated from the water compartment, the waste compartment aligned under a flow of fluid from the histological samples (claim 6); Claim 7 is dependent upon claim 6 and inherits the same status; and
That the container comprises a water compartment and a waste compartment fluidically separated from the water compartment, the waste compartment aligned under a flow of fluid from the histological samples (claim 11); Claim 12 is dependent upon claim 6 and inherits the same status.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRITTANY I FISHER whose telephone number is (469)295-9182. The examiner can normally be reached IFP.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James Lin can be reached at (571) 272-8902. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRITTANY I FISHER/Examiner, Art Unit 1796 March 29, 2026