Prosecution Insights
Last updated: April 19, 2026
Application No. 18/495,459

LAB TOOLS AND LABORATORY LIQUID HANDLING SYSTEMS AND METHODS INCLUDING SAME

Non-Final OA §102§112
Filed
Oct 26, 2023
Examiner
GORDON, BRIAN R
Art Unit
1798
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Revvity Health Sciences Inc.
OA Round
1 (Non-Final)
65%
Grant Probability
Moderate
1-2
OA Rounds
3y 2m
To Grant
83%
With Interview

Examiner Intelligence

Grants 65% of resolved cases
65%
Career Allow Rate
609 granted / 942 resolved
At TC average
Strong +19% interview lift
Without
With
+18.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
51 currently pending
Career history
993
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
26.2%
-13.8% vs TC avg
§102
26.6%
-13.4% vs TC avg
§112
37.3%
-2.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 942 resolved cases

Office Action

§102 §112
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. Specification The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. 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 appl icant regards as his invention. Claims 1-20 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. The term s “ secure ” and “secured” in claim s 1, 10-12, 15-17 and 19-20 are relative term s which renders the claim s indefinite. The term “secure” and “secured” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The claims do not provide for what is structurally required to be considered “secure” and “secured” . What may be considered as secure and secured to one person may not be considered as such to another and vice versa. As to claims 1 and 19-20 it is unclear what is required of each of the integral adapter structure and an integral active effector to be considered as integral because the claim does not provide what each is required to integral with or in what each is integrated. As to claims 4-5, 8, 16, and 18, it is unclear how the pipetting module (the entire module) is configured to perform the recited step directed to the moving because there movement is not attributed to any specific element of the module. Furthermore, there is controller provided for in the claim that can provide for such . Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale , or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1- 4 , 8 , 15, and 19-20 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by WO 2013/052318 , Holmes et al . Holmes discloses (par agraphs 855-857, 966, 970-978, Fig. 49, Fig. 52-53) discloses: a laboratory liquid handling system (see laboratory fluid handling system on Fig. 52) comprising: a pipetting module ( a fluid handling apparatus / system) including: a first pipettor including: a first pipettor shaft; and a first fluid passage extending through the first pipettor shaft and terminating at a first orifice at an end of the first pipettor shaft (par. 966 "The fluid handling system may be able to simultaneously dispense and/or aspirate one or a plurality of fluids.", the details of the pipettes are e.g. on Fig. 49, par. 855-857); and a second pipettor including: a second pipettor shaft; and a second fluid passage extending through the second pipettor shaft and terminating at a second orifice at an end of the second pipettor shaft (par. 966 ) "The fluid handling system may be able to simultaneously dispense and/or aspirate one or a plurality of fluids.", the details of the pipettes are e.g. on Fig. 49, par. 855-857); a lab tool (sample processing component (par. 970), e.g. cuvette carrier disclosed in par. 975-978, Fig. 52-53) including: at least one integral adapter structure (interface features par. 975, par. 977) configured to engage the first pipettor shaft (par. 970: "The same press-fit arrangement may be used to permit a pipette nozzle and a feature of the sample processing component to engage.", par. 975: "The cuvette carrier may have one or more interface feature 5212 that may be configured to interface with the fluid handling device.", par. 977: · 􀀋 cuvette carrier 5310 may interface with the fluid handling apparatus. For example, nozzles 5320 that may engage with the cuvette carrier.·: par. 977), wherein the at least one adapter structure is configured to releasably secure the lab tool to the first pipettor shaft (par. 975-977); and an integral active effector (any part of the cuvette-carrier can be considered as integral active effector; It is to be noted that the structure, arrangement within the device and the function of the active effector is undefined here and thus is interpreted in its broadest sen s e); and a drive system (the device of D 1 is automated and thus implicitly discloses a controller/drive system. It is to be noted that drive system can drive (apply a force) but is unclear how it can control the individual method steps. Thus, if the individual methods steps are to be limiting for claim 1, a controller should be implemented) operable to: engage the first pipettor shaft with the at least one adapter structure to secure the lab tool to the pipetting module (par. 970-par. 974); move the pipetting module to transport the lab tool secured thereto (par. 970-par. 974); operate the active effector using the second pipettor shaft (par. 970-par. 97 4 "one or more pipette heads" are used for engagement with the sample processing component.); and disengage the first pipettor shaft from the at least one adapter structure to thereby release the lab tool from the pipetting module (par. 970-974 "drop off the sample processing component.''). As to claims 2-3, (the active effector of the lab tool is a gripper): Holmes par. 978 discloses that "The cuvette carrier may interface with one or more cuvette 5340, or other types of vessels. "A gripper is one of obvious selection how to interface the cuvette carrier with one or more cuvette 5340, or other types of vessels. As to claim 4, a gripper can interface with the cuvette carrier with the cuvette. (par. 978). As to claim 8, par. 975 states that " a plurality of interface features of cuvette carrier may contact a plurality of pipette nozzles." As to claim 15, the reference discloses the system comprises motors and a programmed controller for controlling the system. (par. 970-par. 974) As to claim 20, Holmes discloses a lab tool (D1: par. 970, par. 975-978, Fig. 52-53; ) for use in a laboratory liquid handling system, t he laboratory liquid handling system including a pipetting module and a drive system, the pipetting module including a first pipettor and a second pipettor, the first pipettor including a first pipettor shaft and a first fluid passage extending through the first pipettor shaft and terminating at a first orifice at an end of the first pipettor shaft, and the second pipettor including a second pipettor shaft and a second fluid passage extending through the second pipettor shaft and terminating at a second orifice at an end of the second pipettor shaft (a laboratory liquid handling system does not form part of claim 20 and thus these features are not limiting), the lab tool ( ( sample processing component (par. 970), e.g. cuvette carrier disclosed in par. 975-978, Fig. 52-53) comprising: at least one integral adapter structure (interface features par. 975, par. 977;) configured to engage the first pipettor shaft (interface features par. 975, par. 977, par. 970: "The same press-fit arrangement may be used to permit a pipette nozzle and a feature of the sample processing component to engage.", par. 975: "The cuvette carrier may have one or more interface feature 5212 that may be configured to interface with the fluid handling device.", par. 977 . A cuvette carrier 5310 may interface with the fluid handling apparatus. For example, nozzles 5320 that may engage with the cuvette carrier ; par. 977 ) , wherein the at least one adapter structure is configured to releasably secure the lab tool to the first pipettor shaft (par. 975-977); and an integral active effector selectively operable using the second pipettor shaft. (This feature is very broad and it is interpreted as that the effector can be operated using the second pipettor shaft, wherein the second pipettor shaft does not form part of the claim. Further, the structure of the effector is undefined and it is also not defined in which way the effector can be operable and what is the result of this operation (par. 970-par. 974 "one or more pipette heads" are used for engagement with the sample processing component). Claim(s) 1- 7, 9-15, and 19-20 is/are rejected under 35 U.S.C. 102 (a)(1) ,(a)(2) as being anticipated by US 2025 / 0135450 Krasheninin et al. Krasheninin ( par agraphs 000 4-6, 50, 79, Fig. 1, Fig. 10-12) discloses a laboratory liquid handling system (par. 4-6, Fig. 1) comprising: a pipetting module (par. 4-6) including: a first pipettor including: a first pipettor shaft; and a first fluid passage extending through the first pipettor shaft and terminating at a first orifice at an end of the first pipettor shaft (par. 4); and a second pipettor including: a second pipettor shaft; and a second fluid passage extending through the second pipettor shaft and terminating at a second orifice at an end of the second pipettor shaft (par. 6); a lab tool (a lab member in the form of a primary carrier or lifting device 11 OJ including: at least one integral adapter structure configured to engage the first pipettor shaft, wherein the at least one adapter structure is configured to releasably secure the lab tool to the first pipettor shaft (par. 4: "at least one adapter structure including an interlock feature configured to laterally receive and interlock with the pipettor shaft to releasably secure the lab member to the pipettor shaft", see also par. 50); and an integral active effector (any part of the lab member can be considered as integral active effector; It is to be noted that the structure, arrangement within the device and the function of the active effector is undefined here and thus is interpreted in its broadest sense .); and a drive system (par. 4, par. 79) operable to: engage the first pipettor shaft with the at least one adapter structure to secure the lab tool (lab member) to the pipetting module (par. 4, par. 79); move the pipetting module to transport the lab tool secured thereto (par. 4, par. 79); operate the active effector using the second pipettor shaft (par. 6 "the at least one adaptor structure includes a second interlock feature configured to laterally receive and interlock with the second pipettor shaft"); and disengage the first pipettor shaft from the at least one adapter structure to thereby release the lab tool from the pipetting module (par. 4, par. 79). As to claims 2-3, (the active effector of the lab tool is a gripper) , the reference discloses in par. 50 a latch mechanism 124 of the lifting device 11 0 (lab tool) that can be spring actuated to retain the lid 160A. The spring actuated latch mechanism 124 can be interpreted as mechanical gripper. As to claim 4, a latch mechanism 124 (an actuator linkage) of the lifting device 110 (lab tool) that can be spring actuated to retain the lid 160A. The spring actuated latch mechanism 124 can be interpreted as mechanical gripper. (par. 50). As to c laim s 5 -7 (the gripper mechanism includes a lever arm joined to the gripper finger) , the reference discloses in par. 50 a latch mechanism 124 (an actuator linkage) of the lifting device 110 (lab tool) that can be spring actuated to retain the lid 160A. The spring actuated latch mechanism 124 can be interpreted as mechanical gripper. As to claim 9, the reference discloses a locator dock (par. 56, Fig. 1) . As to claim 10, the reference discloses moving the first pipettor shaft laterally relative to the interlock feature to engage/disengage ( par. 47 and Figs 10-12 ) As to cl aim 11 , the reference moving the third pipettor shaft laterally relative to the second interlock feature to engage the third pipettor shaft with the second interlock feature to secure the lab tool to the pipetting module) (par. 47, Fig. 12) . As to claims 12-13, the reference discloses pipette interlock feature, an annular rib 12 (par. 61 , Figs 12-14) . As to claim 14 , the reference discloses (a liquid handler fluidly connected to the first and second orifices) (par. 4-6) . As to claim 15, the reference discloses the system comprises motors and a programmed controller for controlling the system. (par. 4 and 79 ) As to claim 20, Krasheninin discloses a lab tool ( par. 000 4-6 "a lab member ” ) for use in a laboratory liquid handling system, t he laboratory liquid handling system including a pipetting module and a drive system, the pipetting module including a first pipettor and a second pipettor, the first pipettor including a first pipettor shaft and a first fluid passage extending through the first pipettor shaft and terminating at a first orifice at an end of the first pipettor shaft, and the second pipettor including a second pipettor shaft and a second fluid passage extending through the second pipettor shaft and terminating at a second orifice at an end of the second pipettor shaft (a laboratory liquid handling system does not form part of claim 20 and thus these features are not limiting), the lab tool (a lab member in the form of a primary carrier or lifting device 110, par. 000 4-par. 6) comprising: at least one integral adapter structure (par. 4 an interlock feature) configured to engage the first pipettor shaft (par. 4: "at least one adapter structure including an interlock feature configured to laterally receive and interlock with the pipettor shaft to releasably secure the lab member to the pipettor shaft", see also par. 50, and Fig. 10-11), wherein the at least one adapter structure is configured to releasably secure the lab tool to the first pipettor shaft (par. 4-6); and an integral active effector selectively operable using the second pipettor shaft. (This feature is very broad and it is interpreted as that the effector can be operated using the second pipettor shaft, wherein the second pipettor shaft does not form part of the claim. Further, the structure of the effector is undefined and it is also not defined in which way the effector can be operable and what is the result of this operation. Thus, any of the pipette shafts 72-78 on Figs. 10-11 can be considered a second pipettor shaft that is suitable to selectively operate the integral active effector (i.e. the part of the lifting device 110 that is operated by the second pipettor shaft) . Allowable Subject Matter Claims 16-18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), 2nd paragraph, set forth in this Office action and to include 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 prior art does not teach nor fairly suggests a laboratory liquid handling system wherein: the gripper mechanism includes: a gripper finger; and an actuator linkage operable to move the gripper finger between an open position and a closed position; the pipetting module is configured to selectively drive the second pipettor to displace the actuator linkage and thereby move the gripper finger between the open position and the closed position; the second pipettor includes a pipetting tip extending from the end of the second pipettor shaft; the actuator linkage includes an engagement feature configured to engage the second pipettor shaft when the second pipettor is driven to displace the actuator linkage to move the gripper finger between the open position and the closed position; the engagement feature includes a tip receiving slot defined therein to receive the pipetting tip; the at least one adapter structure includes an interlock feature configured to laterally receive and interlock with the first pipettor shaft to releasably secure the lab tool to the first pipettor shaft; the drive system is operable to: move the first pipettor shaft laterally relative to the interlock feature to engage the first pipettor shaft with the interlock feature to secure the lab tool to the pipetting module; and move the first pipettor shaft laterally relative to the interlock feature to disengage the first pipettor shaft from the interlock feature to thereby release the lab tool from the pipetting module; the laboratory liquid handling system includes a liquid handler fluidly connected to the first and second orifices and operable to dispense and/or aspirate a liquid through the first and second orifices; and the drive system includes: at least one motor; and a controller programmed with instructions to cause the at least one motor to: engage the first pipettor shaft with the at least one adapter structure to secure the lab tool to the pipetting module; move the pipetting module to transport the lab tool secured thereto; operate the active effector using the second pipettor shaft; and disengage the first pipettor shaft from the at least one adapter structure to thereby release the lab tool from the pipetting module. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Mauracher; Christoph et al. ; GLEDHILL; David et al. ; Krasheninin; Vladimir et al. ; MCKINLEY; Keith et al. ; FRITSCHI; Lukas et al. ; COTE; Richard ; Kurnianto; Daniel ; Buse; David A. et al. ; Guzman; Jose Eduardo et al. ; Guzman; Jose Eduardo et al. ; Vahidi; Behrad et al. ; Vahidi; Behrad et al. ; Vahidi; Behrad et al. ; COTE; Richard ; Cote; Richard ; WU; Yuan Min et al. ; DAVIS; Matthew S. et al. ; Wilmer; Jens ; HEDGLIN; Thomas A. ; COTE; Richard ; Barmettler; Kurt et al. ; ITO; Saburo et al. ; ITO; Saburo et al. ; Ito; Saburo et al. ; Lapham; Kyle et al. ; BUCHLOH; Stefan et al. ; Buchloh; Stefan et al. ; Buchloh; Stefan et al. ; Buchloh; Stefan et al. ; Buchloh; Stefan et al. ; ASAO; Kazuki et al. ; Park; Han Oh et al. ; Clinton; Charles M. et al. ; Balmer; Johannes ; Gard, Douglas J. et al. ; Jarvimaki, Kari et al. ; Yiu, Felix H. ; Watanabe; Eiji et al. ; Komiyama; Yasuaki et al. ; and Arpagaus; Renato et al. disclose laboratory systems. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT BRIAN R GORDON whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-1258 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-F, 8-5:30pm; off every other Friday. . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FILLIN "SPE Name?" \* MERGEFORMAT Charles Capozzi can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-270-3638 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /BRIAN R GORDON/ Primary Examiner, Art Unit 1798
Read full office action

Prosecution Timeline

Oct 26, 2023
Application Filed
Mar 25, 2026
Non-Final Rejection — §102, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
65%
Grant Probability
83%
With Interview (+18.6%)
3y 2m
Median Time to Grant
Low
PTA Risk
Based on 942 resolved cases by this examiner. Grant probability derived from career allow rate.

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