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 .
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.
Claim(s) 22-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cherubini et al (US PG. Pub. 2021/0373042). Cherubini discloses: a diagnostic laboratory system (Para. 0047), comprising:
a transport system (108)(Fig. 1);
an imaging device (146)(Fig. 7) aligned to the transport system (108)(Para. 0168, 0068; camera is aligned to a component, which may be a track 108), the imaging device (146) configured to generate image data representative of a component (see module, 106)(Fig. 1)(Para. 0162); and
a computer (see processor 156)(Para. 0164) configured to:
identify the component (106)(Fig. 1) in the image data (Para. 0162);
determine the alignment of the component (106)(Fig. 1) relative to the imaging device (146)(Para. 0168); and
provide an indication of a misalignment of the component (106)(Fig. 1) relative to the transport system (108) based on the alignment of the component (106)(Fig. 1) relative to the imaging device (Para. 0163; 0168); and
a fiducial marker (148)(Fig. 7) coupled to the transport system (108), and the imaging device (146) is configured to generate image data representative of the fiducial marker (148)(Para. 0162)(Fig. 7); the computer (156) is configured to:
identify the fiducial marker (148) in the image data (Para. 0162; 0168); and
determine a position of the imaging device (146) based on the position of the fiducial marker (148) in the image data (Para. 0162; 0168).
Claim Rejections - 35 USC § 103
The following is a quotation of 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.
Claim(s) 1-8, and 13-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cherubini. Relative to claims 1-8, and 13-17, Cherubini discloses:
A method of aligning a component (module, 106)(Fig. 1) to a structure (track, 108)(Fig. 1) in a diagnostic laboratory system (Para. 0047), comprising:
aligning a position sensor (146) to the structure (108);
sensing a position of the component (106)(Fig. 1) using the position sensor (146) (Para. 0162; camera senses position of module 106);
calculating a position of the component (106)(Fig. 1) relative to the position sensor (146) based at least in part on the sensing (Para. 0163; 0168; see camera pose information; also using images of marker 150 of component 106, the relative position of the component 106 to camera 146 can be determined based on the imaging, the camera’s position is known, see also Para. 0162); and
aligning the component (106)(Fig. 1) to the structure (108) based at least partially on the sensing (component 106 is aligned to track 108, based on deviation from target position; Para. 0168; 0068);
aligning the position sensor (146) comprises aligning the position sensor (146) to a transport system (108)(Para. 0168; 0068);
aligning the position sensor (146) comprises aligning the position sensor to a track (108)(Para. 0168; 0068).
aligning the component (106)(Fig. 1) comprises securing the component (106)(Fig. 1) in a fixed location after aligning the component (106)(Fig. 1) to the position sensor (146)(Para. 0170);
aligning the position sensor (146) to the structure (108) comprises affixing the position sensor to the structure (108)(Para. 0168; 0068);
aligning the position sensor (146) to the structure (108) comprises affixing an imaging device to the structure (108)(Para. 0168, securing device, such as a mount - not shown - is inherently included since the camera, 146, may be mounted to the track 108, camera 146 is inherently secured to the mount, Para. 0168);
sensing the position of the component (106)(Fig. 1) comprises capturing an image of the component (106)(Fig. 1) using the imaging device (146)(Para. 0168; 0162);
affixing a fiducial marker (148) to the structure (108) at a predetermined location (see Fig. 7), the position sensor (146) is an imaging device (Para. 0162), and aligning the position sensor (146) to the structure (108) comprises:
capturing an image of the fiducial marker (148) using the imaging device (146) (Para. 0162; 0168); and determining a location of the fiducial marker (148) relative to the imaging device (146) by analyzing the image (Para. 0162; 0168);
the component (106)(Fig. 1) is at least a portion of a housing (112) configured to at least partially enclose a module (106) of the diagnostic laboratory system (module 106 enclosed by a housing, 112 Fig. 1);
the component (106)(Fig. 1) comprises a fiducial marker (150)(Fig. 7);
attaching a fiducial marker (150) to the component (106)(Fig. 1), and sensing a position of the component (106)(Fig. 1) comprises sensing a position of the fiducial marker (150) using the position sensor (146);
calculating the position of the component (106)(Fig. 1) comprises calculating the position of the fiducial marker (150) relative to the position sensor (146) based at least in part on the sensing (Para. 0162; 0164; 0165); and
aligning the component (106)(Fig. 1) to the position sensor (146) comprises aligning the fiducial marker (150) to the position sensor (146) based at least partially on the sensing (0164; 0165);
providing a securing device coupled to the structure (108), aligning the position sensor (146) to the structure (108) comprises securing the position sensor (146) to the securing device (securing device, such as a mount, is inherent since camera may be mounted to track; Para. 0068; 0168);
providing a fiducial marker (148) affixed to the structure (108), the position sensor (146) is an imaging device (Para. 0168); and
aligning the position sensor (146) comprises capturing an image of the fiducial marker (148) using the imaging device (146) and determining the position of the imaging device based at least in part on a location of the fiducial marker (148) in the captured image (Para. 0168).
Cherubini does not expressly disclose: the aligning step includes aligning the component to the position sensor based at least partially on the sensing.
Cherubini teaches: aligning the module 106 to the position sensor 146 as an obvious matter of design choice since the camera provides the operative positional reference frame used to determine and correct any misalignment (Para. 0164; 0168). That is, the camera 146 is not just passive, is the coordinate origin/reference system. The detected markers (148, 150) provide image-based reference points from which the camera (146) determines the deviation and guides correction, thereby teaching alignment of the module to the sensor reference frame. Moreover, this concept is well-known in machine vision alignment. See MPEP §2144.03
It would have been obvious to one of ordinary skill in the art on or before the time of the filing to modify the method of Cherubini so that the aligning step includes aligning the component to the position sensor based on the sensing described above, as a matter of design choice, since the camera provides the operative positional reference frame used to determine and correct any misalignment.
Relative to claims 18-20, the disclosure of Cherubini includes:
A method of aligning a component (106)(Fig. 1) to a track (108) in a diagnostic laboratory system, comprising:
aligning a position sensor (146) to the track (108)(Para. 0168; 0068);
sensing a position of the component (106)(Fig. 1) using the position sensor (146)(Para. 0162);
calculating a position of the component (106)(Fig. 1) relative to the position sensor (146) based at least in part on the sensing (Para. 0163; 0168; also using images of marker 150 of component 106, the relative position of the component 106 to camera 146 can be determined based on the imaging, the camera’s position is known, see also Para. 0162; and
aligning the component (106)(Fig. 1) to the track (108) based at least partially on the sensing (Para. 0165);
providing a fiducial marker (148) affixed to the track (108)(Fig. 7); the position sensor (146) is an imaging device (Para. 0162); and aligning the position sensor (146) comprises capturing an image of the fiducial marker (148) using the imaging device (146)(Para. 0162; 0168), and determining the position of the imaging device (146) based at least in part on a location of the fiducial marker (148) in the captured image (Para. 0162; 0168);
sensing a position of the component (106)(Fig. 1) comprises capturing an image of the component (106)(Fig. 1) using the imaging device (146) and determining a position of the component (106)(Fig. 1) in the captured image (Para. 0162).
Cherubini does not expressly disclose: aligning the component to the position sensor based at least partially on the sensing.
Cherubini teaches: aligning the module 106 to the position sensor 146 as an obvious matter of design choice since the camera provides the operative positional reference frame used to determine and correct any misalignment (Para. 0164; 0168). That is, the camera 146 is not just passive, is the coordinate origin/reference system. The detected markers (148, 150) provide image-based reference points from which the camera (146) determines the deviation and guides correction, thereby teaching alignment of the module to the sensor reference frame. Moreover, this concept is well-known in machine vision alignment. See MPEP §2144.03
It would have been obvious to one of ordinary skill in the art on or before the time of the filing to modify the method of Cherubini so that the aligning step includes aligning the component to the position sensor based on the sensing described above, as a matter of design choice, since the camera provides the operative positional reference frame used to determine and correct any misalignment.
Claim(s) 9-10, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cherubini in view of Tesluk (US PG. Pub. 2021/0311082). Relative to claims 9-10, Cherubini discloses all claim limitations mentioned above, including: the component is movable by a robot (Ref. 164 may be x-y-z stage, which is a type of linear robot, for moving module 106, Para. 0165; 0085, alignment device moves module 106 to track 108); aligning a position sensor to the track comprise aligning a touch sensor to the track; aligning a position sensor (146) to the track (146).
Cherubini does not expressly disclose:
the position sensor is a touch sensor and sensing a position of the component comprises touching the component to the touch sensor;
the position sensor is a touch sensor and the component is movable by a robot, and sensing the position of the component comprises moving the robot to where the component touches the touch sensor;
aligning a position sensor to the track comprise aligning a touch sensor to the track;
sensing a position of the component comprises sensing a position of the component using the touch sensor;
calculating a position of the component comprises calculating a position of the component relative to the touch sensor based at least in part on the sensing; and aligning the component comprises aligning the component to the touch sensor based at least partially on the sensing.
Tesluk teaches: the position sensor is a touch sensor (Para. 0004), for the purpose of providing an automated clinical analyzer that efficiently calibrates locations of a workspace in an apparatus for biological sample preparation, preprocessing and/or diagnostic assay performed by one or more analyzers, that reduces the frequency of manual calibration due to operations and repairs (Para. 0006).
It would have been obvious to one of ordinary skill in the art on or before the time of the filing to modify the method of Cherubini so that the position sensor is a touch sensor described above, as taught in Tesluk, for the purpose of providing an automated clinical analyzer that calibrates locations of a workspace in an apparatus for biological sample preparation, preprocessing and/or diagnostic assay performed by one or more analyzers, that reduces the frequency of manual calibration due to operations and repairs.
Relative to claims 9-10, and 21 Cherubini in view of Tesluk does not expressly disclose: the sensing a position of the component comprises touching the component to the touch sensor, or the sensing a position of the component comprises moving the robot to where the component touches the touch sensor;
aligning a position sensor to the track comprise aligning a touch sensor to the track; sensing a position of the component comprises sensing a position of the component using the touch sensor; calculating a position of the component comprises calculating a position of the component relative to the touch sensor based at least in part on the sensing; and aligning the component comprises aligning the component to the touch sensor based at least partially on the sensing.
Cherubini in view of Tesluk teaches: sensing a position of the component comprises touching the component to the touch sensor, and the sensing a position of the component comprises moving the robot to where the component touches the touch sensor, aligning a position sensor to the track comprise aligning a touch sensor to the track; sensing a position of the component comprises sensing a position of the component using the touch sensor; calculating a position of the component comprises calculating a position of the component relative to the touch sensor based at least in part on the sensing; and aligning the component comprises aligning the component to the touch sensor based at least partially on the sensing, as an obvious matter of design choice.
Tesluk teaches using touch sensors with robots to determine a contact event (Para. 0004). Cherubini discloses using various types of sensors to detect the position of the components.
Cherubini can be modified to employ the touch sensor of Tesluk such that the module 106 is moved into contact with the touch sensor. When the module 106 touches touch sensor (such as by using the x-y-z stage to move the module 106), the touch sensor detects the contact event indicating the module 106 has reached the known position of the touch sensor. Therefore, the position of the module 106 relative to the sensor 146 is determined when the touch sensor detects the contact event.
Moreover, using contact sensing as positional feedback constitutes a predictable use of a known sensor type for alignment and calibration. See MPEP §2144.03
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Cherubini in view of Tesluk so that the sensing a position of the component, such as the module, comprises touching the component to the touch sensor as a matter of design choice, since the position of the module relative to the sensor is inherently determined when the touch sensor detects the contact event, and since using contact sensing as positional feedback constitutes a predictable use of a known sensor type.
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cherubini in view of Silbert et al (US PG. Pub. 2022/0349910). Relative to claims 11-12, Cherubini discloses all claim limitations mentioned above, but does not expressly disclose: the component is configured to aspirate a liquid from a container; or the component is configured to dispense a liquid to a container.
Silbert teaches: the component (see modules, such as aliquoting module 1060)(Fig. 1A) is configured to aspirate a liquid from a container (Para. 0036; 0062); and the component (see module, such as aliquoting module 1060) is configured to dispense a liquid to a container (see modules such as aliquoting module 1060 aspirates/dispenses a fluid from/to a receptacle; Para. 0036; 0062), for the purpose of providing a receptacle transport system and method that automates operations to increase throughput, address a shortage of medical staff, and decrease errors (Para. 0001-0002).
It would have been obvious to one of ordinary skill in the art on or before the time of the filing to modify the method of Cherubini so that the component is configured to aspirate or dispense a liquid from or to a container as taught in Silbert, for the purpose of providing a receptacle transport system and method that automates operations to increase throughput, address a shortage of medical staff, and decrease errors.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOLANDA RENEE CUMBESS whose telephone number is (571)270-5527. The examiner can normally be reached M-F 10-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gene Crawford can be reached at 571-272-6911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YOLANDA R CUMBESS/Primary Examiner, Art Unit 3651
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