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 .
Response to Amendment
The amendment filed May 07th, 2026 has been entered. Claims 1-15 remain pending in the application. The amendments to the specification and claims have overcome each and every specification objection, claim objection, and 112(b) rejection previously cited in the Non-Final rejection mailed January 08th, 2026. However, the amendment has raised other issues detailed below.
Claim Objections
Claim 11 is objected to because of the following informalities:
Claim 11, lines 5-6: “the sample holder (30)” should read “the at least one sample holder (3)”
Claim 11, line 6: “the sample holder (3)” should read “the at least one sample holder (3)”
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “means of a fastener” in claim 7.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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.
(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.
Claims 1-4 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gao et al. (CN 212488198, hereinafter Gao.
Regarding claim 1, Gao discloses a storage device for storing cryogenic samples (Fig. 1, freezing shelf 10; Abstract, The utility model claims a freezing rack, belonging to biological sample low temperature storage technology field), comprising:
at least one sample holder, the at least one sample holder being configured to hold at least one cryogenic sample (Fig. 2, sample basket 500),
characterized in that
the storage device further comprises an elongated sample transport unit configured to hold the at least one sample holder and to be inserted into an internal space of a cryogenic storage dewar through an opening of the cryogenic storage dewar to completely submerge the elongated sample transport unit into a cryogenic liquid residing in the internal space, wherein the sample transport unit is further configured to move said at least one sample holder along a pre-defined path from a storage position into a removal position, from which the at least one sample holder can be removed from the internal space of the cryogenic storage dewar (Fig. 2, transmission member 300; Abstract, The utility model claims a freezing rack, belonging to biological sample low temperature storage technology field, comprising: a hollow shell, a hollow structure with opening at the top end; a supporting frame; at least one group of transmission mechanism; at least one group of driving mechanism; a plurality of sample basket and a plurality of cryopreservation box. Technical Effects the hollow shell is a hollow structure with opening at the top end; a plurality of sample basket are connected to the transmission piece, and set around the transmission piece; when the driving mechanism drives the first rotating wheel or the second rotating wheel, it can drive the transmission piece to lift the target sample basket to the top opening; performing single access of the target freezing box; so that other irrelevant samples are always in the low temperature environment, avoiding the temperature rise and repeated freeze-thaw of other irrelevant samples; reducing the activity damage caused by the temperature change to the biological sample; using the rotation of the transmission piece to realize the rotation of the sample basket; without using other fixing rod structure or access mechanism; the access process is more convenient; It improves the space utilization rate; Further, the transmission member 300 of Gao has the same structure as the claimed elongated sample transport unit and is capable of functioning in the manner claimed).
Regarding claim 2, Gao discloses the storage device according to claim 1 (see the rejection of claim 1 above), wherein the sample transport unit comprises a chain configured to be circulated to move the at least one sample holder along said pre-defined path (Fig. 2, conveying piece 330; Pg. 6-7, paragraph 53, The utility model claims a freezing shelf 10 at least has the following technical effects: Compared with the traditional technology, the utility model embodiment of the freezing shelf 10, hollow shell 100 is a hollow structure of the top end opening, a plurality of sample basket 500 are connected to the conveying member 330, and around the conveying member 330 a ring; when the driving mechanism 400 drives the first rotating wheel 310 or the second rotating wheel 320 in the process, it can drive the conveying piece 330 the target sample basket 500 is lifted to the top end opening, the target freezing box 600 of single access, so that other independent sample is always in the low temperature environment; avoiding the temperature rise and repeated freeze thawing of other irrelevant sample, reducing the temperature change to the biological sample generated by the active damage, using the rotation of the conveying member 330 to rotate the sample basket 500, without using other fixing rod structure or access mechanism, the access process is more convenient, improving the space utilization rate; Pg. 7, paragraph 55, the conveying member 330 is a conveying chain; Further, the conveying piece 330 of Gao has the same structure as the claimed chain and is capable of functioning in the manner claimed).
Regarding claim 3, Gao discloses the storage device according to claim 2 (see the rejection of claim 2 above), wherein the chain is looped around a first toothed wheel and a second toothed wheel, the first toothed wheel being opposite to the second toothed wheel (Fig. 2, first rotating wheel 310, second rotating wheel 320; Pg. 7, paragraph 56, the first rotating wheel 310 is a driving gear, the second rotating wheel 320 is a driven gear).
Regarding claim 4, Gao discloses the storage device according to claim 2 (see the rejection of claim 2 above), wherein for circulating the chain, the sample transport unit comprises a gear configured to drive a first toothed wheel (Fig. 2, first rotating wheel 310, second rotating wheel 320; Pg. 8, paragraph 60, As another specific embodiment, the driving mechanism 400 comprises a motor main body, and an output shaft extending out of the motor main body, the output shaft is connected with the first rotating wheel 310 or the second rotating wheel 320. In this embodiment, it is assumed that the first rotating wheel 310 is a driving wheel, the driving mechanism 400 is connected with the first rotating wheel 310. the motor main body is detachably set on the hollow shell 100 or supporting frame 200, the first rotating wheel 310 has a smooth central hole, the output shaft is directly connected to the central hole, through the driving action of the motor main body, the output shaft drives the first rotating wheel 310 to rotate. Likewise, the first rotating wheel 310 and the output shaft can be concave-convex matched with the mode of inserting, assembling and disassembling. If the second rotating wheel 320 is a driving wheel, the driving mechanism 400 is connected with the second rotating wheel 320, and the connection mode is the same as that of the preceding content, which will not be repeated here).
Regarding claim 15, Gao discloses method for storing cryogenic samples using the storage
device according to claim 1 (see the rejection of claim 1 above), the sample transport unit being submerged in the cryogenic liquid residing in the internal space of the cryogenic storage dewar (Fig. 1, hollow shell 100, containing cavity 110, transmission mechanism 300; Abstract, The utility model claims a freezing rack, belonging to biological sample low temperature storage technology field, comprising: a hollow shell, a hollow structure with opening at the top end; a supporting frame; at least one group of transmission mechanism; at least one group of driving mechanism; a plurality of sample basket and a plurality of cryopreservation box. Technical Effects the hollow shell is a hollow structure with opening at the top end; a plurality of sample basket are connected to the transmission piece, and set around the transmission piece; when the driving mechanism drives the first rotating wheel or the second rotating wheel, it can drive the transmission piece to lift the target sample basket to the top opening; performing single access of the target freezing box; so that other irrelevant samples are always in the low temperature environment, avoiding the temperature rise and repeated freeze-thaw of other irrelevant samples; reducing the activity damage caused by the temperature change to the biological sample; using the rotation of the transmission piece to realize the rotation of the sample basket; without using other fixing rod structure or access mechanism; the access process is more convenient; It improves the space utilization rate), the method further comprising the steps of:
causing the sample transport unit to move the at least one sample holder holding at least one cryogenic sample from the storage position of the sample holder to the removal position of the at least one sample holder (Pg. 6-7, paragraph 53, The utility model claims a freezing shelf 10 at least has the following technical effects: Compared with the traditional technology, the utility model embodiment of the freezing shelf 10, hollow shell 100 is a hollow structure of the top end opening, a plurality of sample basket 500 are connected to the conveying member 330, and around the conveying member 330 a ring; when the driving mechanism 400 drives the first rotating wheel 310 or the second rotating wheel 320 in the process, it can drive the conveying piece 330 the target sample basket 500 is lifted to the top end opening, the target freezing box 600 of single access, so that other independent sample is always in the low temperature environment; avoiding the temperature rise and repeated freeze thawing of other irrelevant sample, reducing the temperature change to the biological sample generated by the active damage, using the rotation of the conveying member 330 to rotate the sample basket 500, without using other fixing rod structure or access mechanism, the access process is more convenient, improving the space utilization rate), and
removing the at least one sample holder from the sample transport unit and the cryogenic liquid residing in the internal space of the cryogenic storage dewar when the at least one sample holder resides in the removal position (Pg. 6-7, paragraph 53, The utility model claims a freezing shelf 10 at least has the following technical effects: Compared with the traditional technology, the utility model embodiment of the freezing shelf 10, hollow shell 100 is a hollow structure of the top end opening, a plurality of sample basket 500 are connected to the conveying member 330, and around the conveying member 330 a ring; when the driving mechanism 400 drives the first rotating wheel 310 or the second rotating wheel 320 in the process, it can drive the conveying piece 330 the target sample basket 500 is lifted to the top end opening, the target freezing box 600 of single access, so that other independent sample is always in the low temperature environment; avoiding the temperature rise and repeated freeze thawing of other irrelevant sample, reducing the temperature change to the biological sample generated by the active damage, using the rotation of the conveying member 330 to rotate the sample basket 500, without using other fixing rod structure or access mechanism, the access process is more convenient, improving the space utilization rate).
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Gao et al. (CN 212488198, hereinafter Gao in view of Colvin et al. (American Machinists’ Handbook and Dictionary of Shop Terms Second Edition), hereinafter Colvin.
Regarding claim 5, Gao discloses the storage device according to claim 4 (see the rejection of claim 4 above), wherein the gear comprises a rotatable output shaft, the rotatable output shaft being coupled to the first toothed wheel an actuator to circulate the chain by rotating the shaft of the gear and therewith the rotatable output shaft and the first toothed wheel (Pg. 8, paragraph 60, As another specific embodiment, the driving mechanism 400 comprises a motor main body, and an output shaft extending out of the motor main body, the output shaft is connected with the first rotating wheel 310 or the second rotating wheel 320. In this embodiment, it is assumed that the first rotating wheel 310 is a driving wheel, the driving mechanism 400 is connected with the first rotating wheel 310. the motor main body is detachably set on the hollow shell 100 or supporting frame 200, the first rotating wheel 310 has a smooth central hole, the output shaft is directly connected to the central hole, through the driving action of the motor main body, the output shaft drives the first rotating wheel 310 to rotate. Likewise, the first rotating wheel 310 and the output shaft can be concave-convex matched with the mode of inserting, assembling and disassembling. If the second rotating wheel 320 is a driving wheel, the driving mechanism 400 is connected with the second rotating wheel 320, and the connection mode is the same as that of the preceding content, which will not be repeated here).
However, Gao does not disclose wherein the gear comprises a rotatable drive shaft coupled to the rotatable output shaft, the drive shaft comprising an end section configured to releasably engage with a rotatable shaft of an actuator to circulate the chain by rotating the rotatable drive shaft of the gear and therewith the rotatable output shaft and the first toothed wheel.
Colvin teaches bevel gearing to be known in the art of transferring power to a belt which allows for a vertical shaft (connected to a gear) to rotate a horizontal shaft (connected to a gear) (Pg. 121, Bevel gears are used to transmit power when shafts are not parallel. They can be made for any angle, but are more often at right angles than any other. Right angle bevel gears are often called miter gears. The teeth are or should be radial so that they are longer at the outer end).
Gao fails to teach wherein the gear comprises a rotatable drive shaft coupled to the rotatable output shaft, the rotatable drive shaft comprising an end section configured to releasably engage with a rotatable shaft of an actuator to circulate the chain by rotating the drive shaft of the gear and therewith the rotatable output shaft and the first toothed wheel, however Colvin teaches that it is a known method in the art of transferring power to a belt to include wherein the gear comprises a rotatable drive shaft coupled to the rotatable output shaft, the drive shaft comprising an end section configured to releasably engage with a rotatable shaft of an actuator to circulate the chain by rotating the drive shaft of the gear and therewith the output shaft and the first toothed wheel. This is strong evidence that modifying Gao as claimed would produce predictable results (i.e. providing desired angle for the drive shaft to maintain an optimal overall footprint of the system). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Gao by Colvin and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of providing desired angle for the drive shaft to maintain an optimal overall footprint of the system.
Regarding claim 6, Gao as modified discloses the storage device according to claim 5 (see the combination of references used in the rejection of claim 5 above), wherein the rotatable drive shaft is aligned with the vertical (z) and the rotatable output shaft is aligned with the horizontal (x) when the sample transport unit is inserted in the internal space of the cryogen storage dewar (Pg. 121, Bevel gears are used to transmit power when shafts are not parallel. They can be made for any angle, but are more often at right angles than any other. Right angle bevel gears are often called miter gears. The teeth are or should be radial so that they are longer at the outer end). Further, the limitations of claim 6 are the result of the modification of references used in the rejection of claim 5 above.
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Gao et al. (CN 212488198, hereinafter Gao in view of Riether et al. (US Patent No. 9,810,706), hereinafter Riether.
Regarding claim 7, Gao discloses the storage device according to claim 1 (see the rejection of claim 1 above).
However, Gao does not explicitly disclose wherein the at least one sample holder is configured to be releasably connected to the chain by means of a fastener.
Riether teaches wherein the at least one sample holder is configured to be releasably connected to the chain by means of a fastener (Figure; Col. 7, lines 48-54, The sample container carrier 140 can comprise a magnetically active element in the form of a permanent magnet such that a force can be exerted onto the sample container carrier 140 as a result of actuating the electromagnets 120, 120a in a suitable manner and consequently the sample container carrier can be moved over the bottom transport surface 110 or the top transport surface 110a; Col. 8, lines 6-23, The vertical conveying device 200 can comprise a total of six conveying surfaces 210a, 210b, 210c, 210d, 210e, 210f. An electromagnetic (conveyor surface) actuator in the form of an electromagnet 220a, 220b, 220c, 220d, 220e, 220f can be arranged below a conveying surface 210a, 210b, 210c, 210d, 210e, 210f. By use of the electromagnets 220a, 220b, 220c, 220d, 220e, 220f, the sample container carrier 140 can be moved or pulled onto the conveying surface 210a, 210b, 210c, 210d, 210e, 210f, held on the conveying surface and moved or pushed from the conveying surface onto one of the transport surfaces 110, 110a. The electromagnets 220a, 220b, 220c, 220d, 220e, 220f can also be actuatable by the control device 150. In addition, it can be detected as a result of an induction measurement by the electromagnets 220a, 220b, 220c, 220d, 220e, 220f whether a sample container carrier 140 can be situated on the conveying surface 210a, 210b, 210c, 210d, 210e, 210f).
Gao fails to teach wherein the at least one sample holder is configured to be releasably connected to the chain by means of a fastener, however Riether teaches that it is a known method in the art of conveying samples to include wherein the at least one sample holder is configured to be releasably connected to the chain by means of a fastener. This is strong evidence that modifying Gao as claimed would produce predictable results (i.e. secure movement of samples between locations). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Gao by Riether and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of secure movement of samples between locations.
Regarding claim 8, Gao as modified discloses the storage device according to claim 7 (see the combination of references used in the rejection of claim 7 above), wherein the fastener comprises a permanent magnet configured to attract a second permanent magnet comprised by the at least one sample holder for fastening the at least one sample holder to the chain in a releasable fashion (Figure; Col. 7, lines 48-54, The sample container carrier 140 can comprise a magnetically active element in the form of a permanent magnet such that a force can be exerted onto the sample container carrier 140 as a result of actuating the electromagnets 120, 120a in a suitable manner and consequently the sample container carrier can be moved over the bottom transport surface 110 or the top transport surface 110a; Col. 8, lines 6-23, The vertical conveying device 200 can comprise a total of six conveying surfaces 210a, 210b, 210c, 210d, 210e, 210f. An electromagnetic (conveyor surface) actuator in the form of an electromagnet 220a, 220b, 220c, 220d, 220e, 220f can be arranged below a conveying surface 210a, 210b, 210c, 210d, 210e, 210f. By use of the electromagnets 220a, 220b, 220c, 220d, 220e, 220f, the sample container carrier 140 can be moved or pulled onto the conveying surface 210a, 210b, 210c, 210d, 210e, 210f, held on the conveying surface and moved or pushed from the conveying surface onto one of the transport surfaces 110, 110a. The electromagnets 220a, 220b, 220c, 220d, 220e, 220f can also be actuatable by the control device 150. In addition, it can be detected as a result of an induction measurement by the electromagnets 220a, 220b, 220c, 220d, 220e, 220f whether a sample container carrier 140 can be situated on the conveying surface 210a, 210b, 210c, 210d, 210e, 210f; Further, the permanent magnet of Riether has the same structure as the claimed permanent magnet and is capable of functioning in the manner claimed). Further, the limitations of claim 8 are the result of the modification of references used in the rejection of claim 7 above.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Gao aas modified by Reither as applied to claim 7 above, and further in view of Kuijper et al. (US Patent No. 11,101,104), hereinafter Kuijper.
Regarding claim 9, Gao as modified discloses the storage device according to claim 7 (see the combination of references used in the rejection of claim 7 above), wherein the at least one sample holder comprises a container configured to receive a plurality of boxes, each box being configured to hold at least one cryogenic sample, (Gao, Fig. 5, freezing box 600; Pg. 5, paragraph 45, a plurality of cryopreservation box 600, respectively correspondingly placed in the sample basket 500, Further, the freezing boxes 600 of Gao have the same structure as the claimed boxes and are capable of functioning in the manner claimed).
However, Gao as modified does not explicitly disclose wherein the at least one cryogenic sample is a substance prepared on a grid.
Kuijper teaches wherein the at least one cryogenic sample is a substance prepared on a grid (Col. 11, lines 40-47, At 402, a sample is prepared and placed on a sample grid having multi-modal cry-EM compatible GUIDs. In some embodiments preparing the sample comprises mixing a sample that is to be evaluated on a cryo-EM in a solution such that the sample is suspended in the solution, and/or
adding the solution/samples suspended therein to one or more apertures of a sample grid having multi-modal cryo-EM compatible GUIDs).
Gao as modified fails to teach wherein the at least one cryogenic sample is a substance prepared on a grid, however Kuijper teaches that it is a known method in the art of cryogenic samples to include wherein the at least one cryogenic sample is a substance prepared on a grid. This is strong evidence that modifying Gao as modified as claimed would produce predictable results (i.e. providing a safe place for preparation of a cryogenic sample). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Gao as modified by Kuijper and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of providing a safe place for preparation of a cryogenic sample.
Claims 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Gao as modified by Riether and Kuijper as applied to claim 9 above, and further in view of Guzman et al. (WO 2010132045), hereinafter Guzman.
Regarding claim 10, Gao as modified discloses the storage device according to claim 9 (see the combination of references used in the rejection of claim 9 above).
However, Gao as modified does not disclose wherein the at least one sample holder comprises a lid configured to close the container.
Guzman teaches wherein the at least one sample holder comprises a lid configured to close the container (Fig. 11, rack assembly 280, locking top retainer plate 336, latches 338, slots 340; Pg. 9, paragraph 39, Each rack assembly may also have an optional locking top retainer plate 336 to preclude containers or test tubes 400 from lifting out of the rack assembly once loaded and sealed. Each retainer plate 336 includes longitudinally extending slots 340 commensurate with the containers or test tubes for allowing material to be added to or removed from the containers or test tubes. Slots 340 in retainer plate 336 allow pipetting with or without real time identification; Pg. 21, paragraph 77, Retainer plate 336 attaches to latch plates 324 and 328 via retainer latches 338; Further, the locking top retainer plate 336 of Guzman has the same structure as the claimed lid and is capable of functioning in the manner claimed).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the at least one sample holder of the storage device Gao as modified to include a lockable lid with slots as taught by Guzman. One of ordinary skill in the art would have been motivated to make this modification to preclude containers or test tubes from lifting out of the rack assembly once loaded and sealed (Guzman, Pg. 9, paragraph 39).
Regarding claim 12, Gao as modified discloses the storage device according to claim 10 (see the combination of references used in the rejection of claim 10 above), wherein the lid comprises through holes, each through hole allowing a portion of a box of the plurality of boxes accommodated by the container to protrude out of the at least one sample holder (Guzman, Fig. 11, rack assembly 280, locking top retainer plate 336, latches 338, slots 340; Pg. 9, paragraph 39, Each rack assembly may also have an optional locking top retainer plate 336 to preclude containers or test tubes 400 from lifting out of the rack assembly once loaded and sealed. Each retainer plate 336 includes longitudinally extending slots 340 commensurate with the containers or test tubes for allowing material to be added to or removed from the containers or test tubes. Slots 340 in retainer plate 336 allow pipetting with or without real time identification; Pg. 21, paragraph 77, Retainer plate 336 attaches to latch plates 324 and 328 via retainer latches 338; Further, the slots have the same structure as the claimed through holes and are capable of functioning in the manner claimed). Further, the limitations of claim 12 are the result of the modification of references used in the rejection of claim 10 above.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Gao as modified by Riether, Kuijper, and Guzman as applied to claim 10 above, and further in view of Van Bokkelen et al. (US Patent No. 11,566,834), hereinafter Van Bokkelen.
Regarding claim 11, Gao as modified discloses the storage device according to claim 10 (see the combination of references used in the rejection of claim 10 above), wherein the at least one sample holder comprises a screw configured to releasably fasten the lid to the container, wherein the screw comprises a head (Guzman, Fig. 11, rack assembly 280, locking top retainer plate 336, latches 338, slots 340; Pg. 9, paragraph 39, Each rack assembly may also have an optional locking top retainer plate 336 to preclude containers or test tubes 400 from lifting out of the rack assembly once loaded and sealed. Each retainer plate 336 includes longitudinally extending slots 340 commensurate with the containers or test tubes for allowing material to be added to or removed from the containers or test tubes. Slots 340 in retainer plate 336 allow pipetting with or without real time identification; Pg. 21, paragraph 77, Retainer plate 336 attaches to latch plates 324 and 328 via retainer latches 338; Further, the latches 338 have the same structure as the claimed screw and are capable of functioning in the manner claimed). Further, the limitations of claim 11 are the result of the modification of references used in the rejection of claim 10 above.
However, Gao as modified does not disclose wherein the screw comprises the head comprising a circumferential groove formed in the periphery of the head to allow engaging the head with a tool to remove the sample holder from the sample transport unit when the sample holder is in the removal position.
Van Bokkelen teaches engaging a tool for removing the sample holder from the sample transport unit with a circumferential groove of the sample holder (Fig. 15-16, grasping arm 1648, Col. 12, lines 57-63; In these Figures, the motive grasper includes at least one grasping arm 1648 selectively manipulable laterally with respect to a central grasper axis C. The at least one grasping arm 1648 operatively engages a predetermined portion (here, an undercut lip underneath a cap) of the chosen container unit 202' to hold and move the chosen container unit 202').
Gao as modified fails to teach wherein the screw comprises the head comprising a circumferential groove formed in the periphery of the head to allow engaging the head with a tool to remove the sample holder from the sample transport unit when the sample holder is in the removal position, however Y teaches that it is a known method in the art of storage devices for storing cryogenic samples to include engaging a tool for removing the sample holder from the sample transport unit with a circumferential groove of the sample holder. This is strong evidence that modifying Gao as modified as claimed would produce predictable results (i.e. safely removing the sample holder from the storage device). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Gao as modified by Y and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of safely removing the sample holder from the storage device.
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Gao et al. (CN 212488198, hereinafter Gao in view of Ward et al. (US 20130232998), hereinafter Ward.
Regarding claim 13, Gao discloses the storage device according to claim 1 (see the rejection of claim 1 above).
However, Gao does not disclose wherein the storage device further comprises an elongated retainer connected to the sample transport unit and configured to hold the sample transport unit when the sample transport unit is inserted into the internal space of the cryogenic storage dewar to submerge the sample transport unit in said cryogenic liquid residing in the internal space of the cryogenic storage dewar.
Ward teaches wherein the storage device further comprises an elongated retainer connected to the sample transport unit and configured to hold the sample transport unit when the sample transport unit is inserted into the internal space of the cryogenic storage dewar to submerge the sample transport unit in said cryogenic liquid residing in the internal space of the cryogenic storage dewar (Fig. 1, elongated handle 18, vertical storage rack 12, upper end 40, lower end 80; Pg. 2, paragraph 19, The storage rack 12 also includes an elongate handle 18 for supporting the storage rack 12 during movement into and out of the cryogenic dewar 10, as shown in FIG. 1; Pg. 3, paragraph 28, Once the rack body 50 of the storage rack 12 has been folded and assembled as discussed above, the handle 18 is connected to the top wall 52 of the storage rack 12. In this regard, the handle 18 of this embodiment is shown in further detail in FIGS. 2 through 4 and includes a lower end 80 configured to be coupled to the rack body 50 at the top wall 52, the upper end 40, and an elongate intermediate portion 82 extending between the upper end 40 and the lower end 80. The upper end 40 is defined by a rod-shaped or circular cross section member of stainless steel bent into a hook shape for engagement with the handle slots 42 at the opening 36 of the tank 20).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the storage device of Gao of claim 1 to include an elongated retainer connected to the sample transport unit as taught by Ward. One of ordinary skill in the art would have been motivated to make this modification to support the sample transport unit during movement in and out of the cryogenic dewar to improve overall user safety (Ward, Pg. 2, paragraph 19).
Regarding claim 14, Gao as modified discloses the storage device according to claim 13 (see the combination of references used in the rejection of claim 13 above), wherein the retainer comprises a first end section being connected to the sample transport unit and an opposite second end section forming a hook for hanging the sample transport unit (Ward, Fig. 1, elongated handle 18, upper end 40, lower end 80; Pg. 2, paragraph 19, The storage rack 12 also includes an elongate handle 18 for supporting the storage rack 12 during movement into and out of the cryogenic dewar 10, as shown in FIG. 1; Pg. 3, paragraph 28, Once the rack body 50 of the storage rack 12 has been folded and assembled as discussed above, the handle 18 is connected to the top wall 52 of the storage rack 12. In this regard, the handle 18 of this embodiment is shown in further detail in FIGS. 2 through 4 and includes a lower end 80 configured to be coupled to the rack body 50 at the top wall 52, the upper end 40, and an elongate intermediate portion 82 extending between the upper end 40 and the lower end 80. The upper end 40 is defined by a rod-shaped or circular cross section member of stainless steel bent into a hook shape for engagement with the handle slots 42 at the opening 36 of the tank 20). Further, the limitations of claim 14 are the result of the modification of references used in the rejection of claim 13 above.
Response to Arguments
Applicant's arguments filed May 07th, 2026 have been fully considered but they are not persuasive.
Applicant argues on Pg. 8 (as numbered by Applicant) of the Remarks, “The Office identifies the "transmission member 300" of Gao as corresponding to the claimed elongated sample transport unit (page 11, first paragraph of the Office Action). Applicant does not dispute that Gao discloses a transmission mechanism (cf. e.g. Fig. 2 of Gao) comprising a first rotating wheel 310, a second rotating wheel 320, and a conveying member 330 that moves baskets 500. However, Gao does not disclose or suggest that the transmission mechanism is configured to be completely submerged in a cryogenic liquid. To the contrary, Gao explicitly teaches away from complete submersion. Paragraph [0048] of Gao states that the transmission mechanism 300 may be partially arranged beyond the top opening, so that when the target sample basket 500 moves to the top opening, it is partially exposed outside the top opening, or completely exposed outside the top opening. The transmission mechanism of Gao is thus specifically designed so that its upper portion, including the first rotating wheel 310 and the upper part of the conveying member 330, extends above and beyond the top opening of the hollow shell 100. This is inherent in the operation of Gao's device: the sample baskets must be lifted to the top opening to allow access, which necessarily requires the upper portion of the transmission mechanism 300 of Gao to operate above the liquid level (cf. also Fig. 2 of Gao where baskets 500 are never above transmission member 300). Gao therefore fails to disclose the feature of claim 1 requiring the sample transport unit to be configured to be completely submerged into a cryogenic liquid residing in the internal space of the cryogenic storage dewar.” However, this argument is not persuasive as a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Further, the teachings of Gao which recite, “the transmission mechanism 300 may be partially arranged beyond the top opening, so that when the target sample basket 500 moves to the top opening, it is partially exposed outside the top opening, or completely exposed outside the top opening (Gao, Paragraph 48)” is not a teaching that the transmission mechanism 300 must be partially arrange beyond the top opening, but that the transmission mechanism 300 may be partially arranged beyond the top opening, therefore, it would be obvious to a PHOSITA that the transmission mechanism 300 may also not be arrange beyond the top opening. Moreover, the entirety of the rack 10 is disposed within a liquid nitrogen tank containing liquid nitrogen which at least implies the transmission mechanism 300 would be completely submerged in liquid nitrogen for at least some period of time before the liquid nitrogen evaporates (In addition, the cryopreservation frame 10 can be directly set as flat structure, also can increase the bottom fixing structure. in the tank can be arranged according to the space layout single freezing frame 10 or a plurality of freezing frame 10, to ensure the space utilization rate (Gao, paragraph 52)) since it has been held in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom (MPEP 2144.01). See the rejection of claim 1 above.
The rejection of independent claim 1 is maintained. The rejections of dependent claims 2-15 are also maintained for at least the reasons described herein.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 DEVON T MOORE whose telephone number is 571-272-6555. The examiner can normally be reached M-F, 7:30-5.
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/DEVON MOORE/Examiner, Art Unit 3763 July 17th, 2026
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763
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