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 filed on 12/08/2023 are accepted.
Claim Rejections - 35 USC § 103
The following is a quotation of the appropriate paragraphs of AIA 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.
Claims 1-3, 6-12, 15-17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (WIPO | PCT Patent Publication WO 2022/180487 A1 – Provided with this action.); in view of VanSickler (U.S. Patent 11,181,541 B2).
Regarding claim 1, Chen teaches a networked computing environment (Chen: FIGS. 1-5; Abstract.) comprising:
a plurality of equipment (Chen: ¶139 [“Industrial facilities, such as chemical factories, petroleum refineries, l power generation plants, manufacturing facilities, etc., may be extremely large and l may involve a large number of simultaneous ongoing processes spread throughout l the facility. Some aspects of these processes may be managed remotely by l operators in a central control room, but other aspects may require completion of l tasks at various locations in the facility. These tasks may include monitoring and l adjusting equipment…”] {The Examiner notes that an industrial facility , such as a petroleum refinery, necessarily has a plurality of equipment.});
a robot configured to transfer a sample between different ones on the plurality of instruments (Chen: FIG. 6; ¶185 [“According to an example, one or more missions may be defined by the robot management system RSP 672 in FIG. 6. The one or more missions may define one or more tasks to be completed by an operator, e.g., a human operator, a robot operator, or a combination of human and robot operators…a task may include monitoring and/or obtaining a data point, status, or condition of an environment, machine, or facility (e.g., pressure, temperature, humidity, other weather condition, noise level and/or type, vibration, a sensor value, location, a level of a substance (e.g., fuel, gas, fluid, etc.), altitude, weight, obtaining a sample (soil, air, a product of a machine or facility, etc.), battery level, etc.), performing all or part of an operation at or within a machine or facility (e.g., flipping a switch, pressing a button, moving an item, turning a valve, performing a step in assembly of an item (e.g. within an assembly line or otherwise), adjusting a workpiece or other item, fixing a broken workpiece or other item (e.g., tapping a gauge to provide a proper reading), lifting an item…”]); and
a computing device configured to control, via communications sent over a network, operation of the robot (Chen: FIG. 6; ¶¶159-161 [“In a facility with robots from multiple vendors, robot fleet management, such as may be provided by robot fleet management module 545, robot activity control, such as may be provided by control and coordination functions 540, and data analysis, such as may be provided by data collection and aggregation module 535, may utilize additional vendor-specific and robot-type-specific capabilities in a multivendor robotic services platform (RSP). FIG. 6 further depicts a detailed architecture 600 of a multivendor robotic services platform (RSP), according to one or more embodiments. Robot services platform 672 may include, for example, external systems interface 624, navigation control and data services 626, fleet manager 628, and robot interface 630, etc. External systems interface 624 may include, for example, process control server 632, which may receive information for processes and tasks to be completed from a process control client 604 under the direction of a human operations manager or operator 602. For example, the received missions and tasks may include activities to be performed by humans or robots relating to the overall operation of the facility, such as facility inspections, data collection, facility control (e.g., changing control settings), etc.”]), wherein the computing device converts instructions for controlling the plurality of instruments and the robot from a standardized instruction format to a plurality of instrument/robot-specific formats, each of the instrument/robot-specific formats corresponding to one of the plurality of instruments or the robot (Chen: FIGS. 6-7; ¶¶164-165 [“…the internal operations of RSP 672, and the interfaces and information shared outside of RSP 672, such as with other components of an operations management system (OM), to be independent of which robots or robot types are active in the facility. Thus, the complexity of utilizing a diverse fleet of robots within a facility may be reduced. To this end, each adapter may take in information from RSP 672 in one or more of the common internal formats, transform that information into a specific information suitable for the particular robot to which it will be communicated, and then transmit the transformed information to the particular robot…a definition of a robot task or mission may be transformed from a common internal format to a format that conforms to the expected command protocols for the assigned robot. Conversely, data transmitted from a robot may be received by an adapter in a robot-specific format and be transformed by an adapter into a common internal format for use by RSP 672 and other components of an operations management system (OM), such as operations management system (OM) 700 described in FIG. 7. A common internal format for a definition of a robot task or mission may include a list of measurements or data to be captured within a facility. Adapters 644 may transform this list into robot-specific instructions that may include, for example, directions to physically travel to the data-capture locations and which instruments to use. Vendor specific robot data may also be parsed by the adapters 644 to detect generalized or useful information to display to an operator. For example, data such as battery life may be displayed in different ways (percentage/voltage remaining/time remaining) that may be parsed and standardized. Some such adapters 644 may be narrowly adapted to communicate with particular robots according to robot type or vendor, while others may be compatible with multiple robot types. Adapters 644 may be considered fleet-specific adapters compatible with multiple robots of a same type and make operating concurrently or in cooperation.”]).
However, Chen fails to explicitly teach a robot is configured to transfer a sample between different ones of a plurality of instruments, and controlling operation of the plurality of instruments and the robot to generate test results for the sample.
VanSickler, in an analogous art, discloses a system having a rack robot that conveys racks to discrete locations depending upon routing information assigned to the rack by a processor. Depending on the type of sample container and the type of sample disposed therein, the samples are either prepared for analysis by an automated station or directly passed through the automated station (VanSickler: Abstract). Therein, VanSickler discloses a plurality of instruments (VanSickler: col 3, ln 10-23 [“…an exemplary pre-analytical system is described, which includes an exemplary layout and exemplary instruments utilized by the pre-analytical system for performing sample preparation and preprocessing. The preanalytical system may include multiple levels, such as a storage level, first deck level, second deck level, and deck robot level. Various instruments that may be located on these levels are described. In addition, various robots that manipulate samples and sample containers are described…the described instruments and system levels are partitioned into modules, which perform various sample preparation and preprocessing operations. Such modules include an input/output and post analysis module, a sample conversion/sample preparation module, one or more sample handling modules, a sample transfer module…”]), where a robot is configured to transfer a sample between different ones on the plurality of instruments (VanSickler: FIGS. 12A-12C; col 17, ln 23, to col 18, ln 58 [“Shuttle handling assembly 240 generally includes a plurality of shuttles 280, a base 250, a plurality of shuttle docking stations 260a-c extending from base 250, a drive mechanism 251, a transfer arm assembly 270, and a barcode scanner (not shown). Shuttle handling system 240 is configured to retain sample container shuttles 280 until they are at least partially filled and to transport shuttles 280 to and from a shuttle transport assembly 300…These slots correspond with engagement features or flanges (not shown) of transfer arm assembly 270 to help transfer arm assembly 270 pickup and hold shuttle 280…”]). VanSickler additionally discloses a computing device configured to control, via communications sent over a network, operation of the plurality of instruments and the robot to generate test results for the sample (VanSickler: FIG. 26; col 72, ln 37-52 [“Architecture 1300 generally includes a workflow computer control device 1330, a pre-analytical system computer control device 1350, and one or more analyzer computer control devices (illustrated here as two such control devices 1360, 1370; one for each analyzer). As shown, workflow computer control device 1330 is connected to an IP network 1310, which is also connected to a laboratory information system 1340 ("LIS"). LIS 1340 may be an existing generic or customized system associated with a diagnostic laboratory or medical facility that stores and maintains patient records and information, among other things. IP network 1310 allows workflow computer control device 1330 to communicate with LIS 1340…”]; FIG. 22D; col 20, ln 43-50 [“…there is illustrated a shuttle operation for samples for which tests from more than one analyzer have been ordered by the workflow computing device 1330 that orchestrates the operation of the preanalytical system 20 and the two or more analyzers…”]; FIG. 26; col 73, ln 5-15 [“…such exemplary data may include the assay or assays to be performed on a particular sample (data from LIS to devices 1350, 1360 and 1370), instrument and sample status (data from devices 1350, 1360, 1370 to user), and assay results (data from devices 1360, 1370 to user and/or LIS). In this regard, workflow computer control device 1330 acts as an information hub.”]).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to implement the features of providing a robot configured to transfer a sample between different ones of the plurality of instruments, where operation of the plurality of instruments and robot to generate test results for the sample, disclosed by VanSickler, into Chen, with the motivation and expected benefit of providing a system that can coordinate the operation of multiple robots and instruments regardless of the underlying protocols and data formats used by each. This method for improving Chen was within the ordinary ability of one of ordinary skill in the art based on the teachings of VanSickler. Therefore, it would have been obvious to one of ordinary skill in the art to combine the teachings of Chen and VanSickler to obtain the invention as specified in claim 1.
Regarding Claims 10 and 17, each claim recites limitations found within Claim 1, and is rejected under the same rationale applied to the rejection of Claim 1.
Additionally, regarding claim 10, as well as claim 17, VanSickler additionally discloses the robot moves a sample between the plurality of instruments in a specified order to generate test results (VanSickler: FIG. 22D; col 20, ln 43-50 [“…there is illustrated a shuttle operation for samples for which tests from more than one analyzer have been ordered by the workflow computing device 1330 that orchestrates the operation of the preanalytical system 20 and the two or more analyzers…”] {See above.}). It would have been obvious to one of ordinary skill in the art at the time the invention was made to implement the feature of providing a robot which moves a sample between the plurality of instruments in a specified order to generate test results, disclosed by VanSickler, into Chen, with the motivation and expected benefit of providing a system that can coordinate the operation of multiple robots and instruments regardless of the underlying protocols and data formats used by each. This method for improving Chen was within the ordinary ability of one of ordinary skill in the art based on the teachings of VanSickler. Therefore, it would have been obvious to one of ordinary skill in the art to combine the teachings of Chen and VanSickler to obtain the invention as specified in claim 10.
Additionally, regarding claim 17, Chen additionally discloses aggregate the data into a standardized data format (Chen: FIGS. 4-5; ¶¶155-159 [“Data aggregation and analysis module 440 may receive data from robot-assigned tasks, and may support the aggregation and analysis of the data…The interaction between robot fleet management module 545 and robots 110 may further include, for example, collection of data and other information from robots 110 and sensors 550, which may be provided to data collection and aggregation module 535 for further processing. Such processing may include storing the collected and processed data in data store 520 and/or providing the collected and processed data to end user applications 530.”]). VanSickler discloses a robot which moves a sample between the plurality of instruments receive data from at least a subset of the plurality of instruments generated in response to the instructions, and generating test results (VanSickler: FIG. 22D; col 20, ln 43-50 {See above.}). It would have been obvious to one of ordinary skill in the art at the time the invention was made to implement the features of providing a robot which moves a sample between the plurality of instruments in a specified order to generate test results, disclosed by VanSickler, into Chen, with the motivation and expected benefit of receiving discernible test results in a standardized format. This method for improving Chen was within the ordinary ability of one of ordinary skill in the art based on the teachings of VanSickler. Therefore, it would have been obvious to one of ordinary skill in the art to combine the teachings of Chen and VanSickler to obtain the invention as specified in claim 17.
Regarding claim 2, Chen, in view of VanSickler, teach all the limitations of the parent claim 1 as shown above. VanSickler discloses a robot which moves a sample between the plurality of instruments receive data from the plurality of instruments generated in response to the instructions, and generating test results (VanSickler: FIG. 22D; col 20, ln 43-50 {See above.}). Chen additionally discloses the computing device is configured to receive data from at least a subset of the plurality of instruments and aggregate the data into a standardized data format (Chen: FIGS. 4-5; ¶¶155-159 [“Data aggregation and analysis module 440 may receive data from robot-assigned tasks, and may support the aggregation and analysis of the data…The interaction between robot fleet management module 545 and robots 110 may further include, for example, collection of data and other information from robots 110 and sensors 550, which may be provided to data collection and aggregation module 535 for further processing. Such processing may include storing the collected and processed data in data store 520 and/or providing the collected and processed data to end user applications 530.”] {See above.}).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to implement the features of providing a computing device configured to receive data from at least a subset of a plurality of instruments and aggregate the data into a standardized data format to generate the test results, disclosed by Chen and VanSickler, into Chen, as modified by VanSickler, with the motivation and expected benefit of providing a system that can coordinate the operation of multiple robots and instruments regardless of the underlying protocols and data formats used by each and further generate test results in a standardized format. This method for improving Chen, as modified by VanSickler, was within the ordinary ability of one of ordinary skill in the art based on the teachings of Chen and VanSickler. Therefore, it would have been obvious to one of ordinary skill in the art to combine the teachings of Chen and VanSickler to obtain the invention as specified in claim 2.
Regarding claim 11, the claim recites limitations found within Claim 2, and is rejected under the same rationale applied to the rejection of Claim 2.
Regarding claim 3, Chen, in view of VanSickler, teach all the limitations of the parent claim 1 as shown above. Chen additionally discloses one or more additional robots, the one or more additional robots being controlled by instructions in a different format than the robot, wherein the computing device is further configured to convert instructions for the one or more additional robots from the standardized format to the different format (Chen: FIG. 6; ¶¶159-161, ¶185 {See above.}).
Regarding claim 12, the claim recites limitations found within Claim 3, and is rejected under the same rationale applied to the rejection of Claim 3.
Regarding claim 6, Chen, in view of VanSickler, teach all the limitations of the parent claim 1 as shown above. VanSickler discloses a robot which moves a sample between the plurality of instruments and generating test results (VanSickler: FIG. 22D; col 20, ln 43-50 {See above.}). Chen additionally discloses the computing device configured to provide a verifiable audit trail (Chen: ¶¶204-205 [“A mission file may contain one or more of the following: a mission identification (e.g., name, number, etc.), a mission priority level, and/or the identification of any other missions that are scheduled to be completed at the same time as the mission; metadata including an author's credentials and/or contact information, profile of the time and date of mission generation, description of the mission, etc….a weight or dimensions of the robot, etc.; payloads currently loaded on the robot and/or payloads that may be used by the robot; fiducials (e.g., barcodes, QR codes, markers) associated with the robot…routes and/or tasks along the routes for achieving the mission; start and end times, or time ranges for performing the mission; any personnel and/or other robots necessary to complete the task; credentials of operators or other robots capable of starting, stopping, and/or altering the mission…”]).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to implement the features of providing a computing device configured to provide a verifiable audit trail, disclosed by Chen and VanSickler, into Chen, as modified by VanSickler, with the motivation and expected benefit of providing an verified audit trail which can be used to prove compliance with any relevant regulations. This method for improving Chen, as modified by VanSickler, was within the ordinary ability of one of ordinary skill in the art based on the teachings of Chen and VanSickler. Therefore, it would have been obvious to one of ordinary skill in the art to combine the teachings of Chen and VanSickler to obtain the invention as specified in claim 6.
Regarding claim 7, Chen, in view of VanSickler, teach all the limitations of the parent claim 6 as shown above. Chen additionally discloses verifying a user responsible for generation of the test results using a set of credentials of the user, and storing an identifier of the user in conjunction with the instructions in the standardized format and the test results (Chen: ¶¶204-205 [“…metadata including an author's credentials and/or contact information, profile of the time and date of mission generation, description of the mission, etc….a weight or dimensions of the robot, etc.; payloads currently loaded on the robot and/or payloads that may be used by the robot; fiducials (e.g., barcodes, QR codes, markers) associated with the robot…routes and/or tasks along the routes for achieving the mission; start and end times, or time ranges for performing the mission; any personnel and/or other robots necessary to complete the task; credentials of operators or other robots capable of starting, stopping, and/or altering the mission…”]).
Regarding claims 15 and 20, each claim recites limitations found within Claim 7, and is rejected under the same rationale applied to the rejection of Claim 7.
Regarding claim 8, Chen, in view of VanSickler, teach all the limitations of the parent claim 7 as shown above. Chen additionally discloses storing at least a timestamp in conjunction with the identifier of the user (Chen: ¶¶204-205 {See above.}).
Regarding claim 9, Chen, in view of VanSickler, teach all the limitations of the parent claim 1 as shown above. VanSickler discloses the computing device is further configured to maintain an inventory of plates within the system, with each plate being identified by a barcode listed in a process inventory file (VanSickler: FIGS. 12A-12C; col 17, ln 23, to col 18, ln 58 [“Shuttle handling assembly 240 generally includes…a barcode scanner (not shown). Shuttle handling system 240 is configured to retain sample container shuttles 280 until they are at least partially filled and to transport shuttles 280 to and from a shuttle transport assembly 300…These slots correspond with engagement features or flanges (not shown) of transfer arm assembly 270 to help transfer arm assembly 270 pickup and hold shuttle 280…Shuttle 280, as best shown in FIG. 12B, includes a body 284 and a plurality of receptacles 283 extending into body 284 from a top surface thereof. The shuttle 280 depicted includes twelve receptacles 283 which are each sized to receive a third-type sample container 03. However, other embodiments may include more or less receptacles 283 depending on the capacity of an analyzer coupled to system 10. Additionally, receptacles 283 are arranged in two linear rows 281, 282…”]).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to implement the features of providing a computing device configured to maintain an inventory of plates within the system, with each plate being identified by a barcode listed in a process inventory file, disclosed by VanSickler, into Chen, as modified by VanSickler, with the motivation and expected benefit of providing an accurate accounting of analysis results. This method for improving Chen, as modified by VanSickler, was within the ordinary ability of one of ordinary skill in the art based on the teachings of VanSickler. Therefore, it would have been obvious to one of ordinary skill in the art to combine the teachings of Chen and VanSickler to obtain the invention as specified in claim 9.
Regarding claim 16, the claim recites limitations found within Claim 9, and is rejected under the same rationale applied to the rejection of Claim 9.
Claims 4, 13, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Chen, in view of VanSickler; and further in view of Hodak (U.S. Patent Publication 2015/0242395 A1).
Regarding claim 4, Chen, in view of VanSickler, teach all the limitations of the parent claim 1 as shown above. Chen additionally discloses converting instructions in a standardized format into one of the robot/instrument-specific formats used by a corresponding one of the plurality of instruments or the robot (Chen: FIG. 6; ¶¶159-161, ¶185 {See above.}). However, Chen, in view of VanSickler, fails to explicitly teach using a set of drivers.
Hodak, in an analogous art, discloses a generic language is provided that can be translated to fit a configuration of a specific site to enable equipment sharing of a site provider with a user (Hodak: Abstract). Therein, Hodak discloses site-specific information which can provide instructions on translation of protocol code 102 to site operations, where the site-specific configuration can include automation information (e.g., robotic movements required to acquire and move a sample through a process. (Hodak: ¶62). Hodak additionally discloses a dispatcher which is part of a platform to operate equipment as needed. In use, the dispatcher receives a driver from a repository. The driver provides functionality that enables communication with one or more pieces of equipment. The driver may enable direct operation of the equipment, such as over a hardware interface or may enables indirect operation of the equipment, such as loading a set of instructions, requesting performance of the instructions and awaiting a completion notification. In one embodiment, the driver enables automation operation of the equipment (Hodak: FIG. 1; ¶63 [“Code generator 104 can interoperate with, coordinate with, communicate with and/or direct various platforms 106, 108 and 110. A dispatcher (not shown here) that is part of a platform 106, 108, or 110 can operate platform equipment as needed. In one embodiment, a dispatcher receives a driver from a repository. The driver can provide functionality that enables communication with one or more pieces of equipment. In some embodiments, the driver enables direct operation of the equipment, such as over a hardware interface. In other embodiments, the driver enables indirect operation of the equipment, such as loading a set of instructions, requesting performance of the instructions and awaiting a completion notification. In one embodiment, the driver enables automation operation of the equipment…”]). Hodak additionally discloses a router can coordinate lab equipment physical devices using drivers managed by a device manager server, where messages from drivers can be received though messaging protocols, device manager server, and/or the router (Hodak: FIG. 10; ¶111 [“Using site configuration 1046, router 1042 can coordinate lab equipment physical devices 1020 using drivers 1010 managed by device manager server 1038. Messages from drivers 1010 can be received though messaging protocols 1030, device manager server 1038 and/or router 1042.”]).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to implement the features of providing a set of drivers, for management and coordination lab equipment physical devices, such as a robot, disclosed by Hodak, and converting instructions in a standardized format into one of the robot/instrument-specific formats used by a corresponding one of the plurality of instruments or the robot, disclosed by Chen, into Chen, as modified by VanSickler, with the motivation and expected benefit of mapping protocols and data structures used by a new robot or instrument to the standardized format, such that instruments and robots all appear to use the same data format and protocol. This method for improving Chen, as modified by VanSickler, was within the ordinary ability of one of ordinary skill in the art based on the teachings of Hodak. Therefore, it would have been obvious to one of ordinary skill in the art to combine the teachings of Chen and VanSickler and Hodak to obtain the invention as specified in claim 4.
Regarding claims 13 and 18, each claim recites limitations found within Claim 4, and is rejected under the same rationale applied to the rejection of Claim 4.
Allowable Subject Matter
Dependent claims 5, 14, and 19 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 primary reason for the indicated allowability of dependent claim 5, is that, in combination with the other claim elements, providing a user interface via which a user can define a new driver for a new type of instrument or robot, the new driver defining mappings between instructions in the standardized format and instructions in a native protocol or language used by the new type of instrument or robot. Therefore, dependent claim 5 would be allowable over the prior art of record if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claims 14 and 19, each claim recites limitations found within claim 5, and would be allowable under the same rationale applied to the indicated allowability of claim 5.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent Publication 2022/0215948 A1, to Bardot, discloses controlling the operation of medical devices.
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/JEFFREY P AIELLO/Primary Examiner, Art Unit 2857