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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Williamson (US 2008/0138854).
Regarding claim 1, a cassette for holding and orientating a tissue sample, comprising:
a frame (fig. 9, ref. 68) defining an accommodating chamber (area inbetween sidewalls which houses the intermediate member, cover, and retaining member);
an intermediate member (fig. 1-9; ref. 14c) coupled to the frame (68) and movably arranged in the accommodating chamber (this limitation does not further structurally limit the instant claim because there is no structure associated with allowing the intermediate member to be movably arranged in the accommodating chamber; the intermediated member 14c slides into accommodating chamber between sidewalls of frame 68), the intermediate member having a through hole in the middle (area in between sidewalls 14c);
a cover (60) rotatably connected to the intermediate member (the cover 60 rotates to the intermediate member via hinge 16) and configured to be closed to cover the through hole;
a base (12b) connected to the intermediate member (see fig. 1-9) and configured to receive the tissue sample (this limitation does not further structurally limit the instant claim. A tissue sample is not positively recited as being present on the base and can be added at a later time); and
a retaining member (20) connected to the cover (see fig. 1-9) and configured to pass through the through hole to retain the tissue sample in the base (the retaining member 20 passes through the through hole as seen in fig. 1-9), the retaining member having a three- dimensional structure made of a two-dimensional porous material (see fig. 1-9; para 36-37).
Regarding claim 2, the cassette according to claim 1, wherein the two-dimensional porous material of the retaining member is a planar material having a flat shape and comprising a plurality of holes (see fig. 1-9, para 36-37).
Regarding claim 3, the cassette according to claim 2, wherein the retaining member comprises: a bottom wall and a top wall arranged opposite to each other; and a peripheral wall arranged between the bottom wall and the top wall, and surrounding edges of the bottom wall and the top wall to define a cavity in the retaining member, wherein each of the bottom wall, the top wall and the peripheral wall is made of the two-dimensional porous material (see fig. 1-9, ref. 20).
Regarding claim 4, the cassette according to claim 3, wherein the peripheral wall has a cross section of a circular (See fig. 1-9, ref. 20), oval or polygonal shape, and the cross section of the peripheral wall is taken along a plane parallel to the cover (see fig. 1-9).
Regarding claim 5, the cassette according to claim 4, wherein the cross section of the peripheral wall has a square or rectangular shape (para 36, any shape may be used), and comprises first to fourth side walls connected end to end to define the cavity, the first side wall is arranged opposite to the third side wall, and the second side wall is arranged opposite to the fourth side wall (fig. 1-9).
Regarding claim 6, the cassette according to claim 3, wherein the retaining member is injection-molded, hot-melted, welded, adhered or connected in an interference fit to a surface of the cover (this limitation does not further structurally limit the instant claim because the limitation is drawn to a process of making).
Regarding claim 7, the cassette according to claim 6, wherein the cover comprises a body (60) and a fixing member (strucures around the perimeter of the retaining member 20) arranged to a surface of the body configured to be in contact with the intermediate member, the top wall of the retaining member is fixed to the surface of the body and/or the peripheral wall of the retaining member is fixed to the fixing member (see fig. 1-9, the cover has a body 60, hinge 16 which contacts the intermediate member).
Regarding claim 8, the cassette according to claim 7, wherein the fixing member comprises a plurality of projections (see fig. 1, projections that extend from 60 and contact 20) extending from the surface of the body, and the peripheral wall of the retaining member is surrounded by and fixed to the plurality of projections (see fig. 1).
Regarding claim 9, the cassette according to claim 7, wherein the body defines a plurality of through holes overlapping at least part of the retaining member (see fig. 1-9).
Regarding claim 10, the cassette according to claim 2, wherein the retaining member comprises: a bottom wall; and a peripheral wall extending from and surrounding edges of the bottom wall to define a cavity in the retaining member, wherein each of the bottom wall and the peripheral wall is made of the two- dimensional porous material (fig. 1-9, para 36-37).
Regarding claim 11, the cassette according to claim 10, wherein the retaining member further comprises a flange extending from an outer surface of the peripheral wall and surrounding an opening of the cavity, and the flange is made of the two-dimensional porous material (See fig. 1-9, ref. 20).
Regarding claim 12, the cassette according to claim 11, wherein the peripheral wall has a cross section of a circular, oval or polygonal shape, and the cross section of the peripheral wall is taken along a plane parallel to the cover (see fig. 1-9).
Regarding claim 13, the cassette according to claim 12, wherein the cross section of the peripheral wall has a square or rectangular shape, and comprises first to fourth side walls connected end to end to define the cavity, the first side wall is arranged opposite to the third side wall, and the second side wall is arranged opposite to the fourth side wall (para 36-37).
Regarding claim 14, the cassette according claim 11, wherein the retaining member is injection-molded, hot-melted, welded, adhered or connected in an interference fit to a surface of the cover (this limitation does not further structurally limit the claim due to limitation being drawn to a process of making).
Regarding claim 15, the cassette according to claims 14, wherein the cover comprises a body and a fixing member (projections that extend from cover body, see fig. 1-9) arranged to a surface of the body configured to be in contact with the intermediate member, the flange is fixed to the surface of the body and/or the peripheral wall of the retaining member is fixed to the fixing member (see fig. 1-9).
Regarding claim 16, te cassette according to claim 15, wherein the fixing member comprises a plurality of projections extending from the surface of the body (see fig. 1-9, projections that surround structure 20 and hold it in place), and the peripheral wall of the retaining member is fitted over the plurality of projections and fixed to the plurality of projections (see fig. 1-9).
Regarding claim 17, the cassette according to claim 15, wherein the body defines a plurality of through holes overlapping at least part of the retaining member (see fig. 1-9).
Regarding claim 18, the cassette according to according to claim 17 ,wherein the intermediate member comprises a first engaging member and a first snap protruded from the first surface (see fig. 1-9, protrusion on the inside of the intermediate member opening), and a second snap protruded from the second surface; the cover has a second engaging member rotatably engaged with the first engaging member, and a first snapping hole into which the first snap is configured to be snapped; and the base has a second snapping hole into which the second snap is configured to be snapped (see fig. 1-9).
Regarding claim 19, the cassette according to claim 1, wherein the base is detachably connected to the intermediate member and configured to move along with the intermediate member (this limitation does not further structurally limit the instant claim because there is not structure that provides the base to be detachably connected to the intermediate member. The prior art allows the base to be removed from the intermediate member), and the intermediate member and the base are movable between a first position where the base is received in the accommodating chamber and a second position where the base is protruded out of the accommodating chamber (see fig. 3-4).
Regarding claim 20, the cassette according to claim 19, wherein the base is configured to be detached from the intermediate member when the intermediate member is in the second position (this limitation does not further structurally limit the instant claim because there is not structure that provides the base to be detachably connected to the intermediate member. The prior art allows the base to be removed from the intermediate member).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL P SIEFKE whose telephone number is (571)272-1262. The examiner can normally be reached Monday-Friday 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Maris Kessel can be reached at 571-270-7698. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAMUEL P SIEFKE/Primary Examiner, Art Unit 1758
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