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 .
The response dated 7/28/2026 is acknowledged. Claims 1-11 and 12-16 are pending. Claim 12 is cancelled. Claim 16 is new. Claims 1-11 and 12-16 are considered on the merits below.
Information Disclosure Statement
The Information Disclosure Statement filed on 7/28/2026 is in compliance with the provisions of 37 CFR 1.97 and has been considered. An initialed copy of the Form 1449 is enclosed herewith.
Response to Amendment
Applicant's amendments, filed 7/28/2026, with respect to the are acknowledged.
In response to the applicant's amendments, the grounds of rejection for claims 1-11 and 12-16 are new compared to the previous action due to the amendments, however rely on the previous prior art.
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) 1-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sattler (US 2010/0233036 A1).
Regarding claim 1, Sattler describes a segmented sample handling tray (abstract, figures 1, 7, and 17) comprising:
a plurality of sample handling segments, each sample handling segment includes a plurality of sample positions for sample containers (figure 7 and [0059] “spaces 70 in the first reagent container cassette 1 and the second reagent container cassette 2 are depicted in which the respective sub containers 71 can be loosely or securely placed. The sub containers 71 are made of for example,”);
wherein a lateral side of each of the plurality of sample handling segments is at least partially open such that the sample containers are visible within the sample handling segments (figure 7 and [0059] “spaces 70 in the first reagent container cassette 1” Figure 7 shows the sample handling segments as open.);
wherein the segmented sample handling tray transitions between a compact two- dimensional array configuration and an extended linear configuration by at least partially separating the plurality of sample handling segments (figure 17 and [0069] “FIG. 17 shows a schematic representation of a reagent container system comprising a first reagent container cassette 1 and a second reagent container cassette 2, wherein further securing means 170 are provided on the longitudinal sides 3, 4 facing each other in the storage configuration. The further securing means 170 are provided as an adhesive material. In other embodiments, a plug-in or a Snap connection may be provided.”).
Regarding claim 2, Sattler describes the segmented sample handling tray of claim 1, wherein the extended linear configuration includes the plurality of the sample handling segments being substantially end- to-end (figure 1 [0053] “A linear arrangement of openings 9 is provided by arranging transverse sides 10, 11 of the first and second reagent container cassettes 1, 2 facing one another.”).
Regarding claim 3, Sattler describes the segmented sample handling tray of claim 1, wherein the compact two- dimensional array configuration includes the plurality of the sample handling segments being substantially side-by-side (figure 1 [0052] “film hinge 7 is located at the edge 6. The storage configuration can also be called the closed/folded configuration whereas the use configuration is an unfolded/opened configuration of the reagent container cassettes 1, 2.”).
Regarding claim 4, Sattler describes the segmented sample handling tray of claim 1, wherein a lateral side of each of the plurality of sample handling segments is at least partially open such that the sample containers are visible within the sample handling segments (figure 1 “openings 9”).
Regarding claim 5, Sattler describes the segmented sample handling tray of claim 1, wherein the plurality of sample handling segments are coupled together using integral hinges (figure 1 “ film hinge”).
Regarding claim 6, Sattler describes the segmented sample handling tray of claim 5, wherein the integral hinges are attached to the sample handling segments at an edge between an end and a lateral side of the sample handling segments (figure 1 [0052] “ This is achieved by swiveling the second reagent container cassette 2 about a Swiveling axis 5 which in turn runs along an edge 6. A film hinge 7 is located at the edge 6.”).
Regarding claim 7, Sattler describes the segmented sample handling tray of claim 5, wherein the integral hinges are attached to the sample handling segments at an end of the sample handling segment (figure 1 [0052] “ This is achieved by swiveling the second reagent container cassette 2 about a Swiveling axis 5 which in turn runs along an edge 6. A film hinge 7 is located at the edge 6.”).
Regarding claim 8, Sattler describes the segmented sample handling tray of claim 1, wherein the plurality of sample handling segments are coupled together using mechanical hinges (figure 1 “ film hinge”).
Allowable Subject Matter
Claims 9-11 and 13-16 are allowed. The following is a statement of reasons for the indication of allowable subject matter:
References Sattler (US 2010/0233036 A1) and Norrman et al. (US 2016/0303561 A1) describe most of the limitations of claim independent claim 9, however fail to teach or suggest “wherein the sample container read zone includes a camera configured to read a label on a side of a sample container and a sample container rotator configured to rotate the sample container within one of the plurality of sample handling segments to present the label to the camera, a lateral side of each of the plurality of sample handling segments being at least partially open so the label is visible to the camera”.
None of the prior art discovered describes all the limitations alone or in combination, thus the prior art fails to teach or suggest all the limitations of claims 9-11 and 13-16.
Response to Arguments
Applicant’s arguments with respect to claims 1-8 have been considered but are moot because the arguments do not apply to the current rejection.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMILY R BERKELEY whose telephone number is (571)272-9831. The examiner can normally be reached M-Th 9-6.
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, Lyle Alexander can be reached at (571) 272-1254. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LYLE ALEXANDER/Supervisory Patent Examiner, Art Unit 1797
/EMILY R. BERKELEY/
Examiner
Art Unit 1796
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