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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. DE10 2021 207 805.2, filed on 07/21/2021.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 applicant regards as his invention.
Claim(s) 1-11 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 claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors.
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.
Claim(s) 1 and 10-11 are rejected under 35 U.S.C. 102(a)(1) based upon a public use or sale or other public availability of the invention.
The instant invention is anticipated by Lim et al. (US20190195748A1).
Regarding Claim 1, Lim et al. teaches a device for collecting and sucking off clippings (See the Abstract, the apparatus for tissue section collection and transfer, and the Claim(s) 1-20 in [0003]-[0085] in Fig. 1-5), in particular embedding medium, for example paraffin (See in [0021]-[0025]), on a microtome (1), in particular a rotary microtome (See the rotary microtome 302 in [0036] in Fig. 3),
having at least one connecting element (12) for form-fitting and/or force-fitting attachment to the microtome (1) and a collecting tray (3) forming a collecting area (See how the tissue collector 332 adapted for collecting the tissue section 330 from the front plate 316 in an automated fashion on the microtome 302 in [0036]-[0039] in Fig. 3),
wherein a suction opening (4) for sucking off the clippings being formed on the collecting tray (3) (See how the slide holder 346 can then move the slide 344 toward bath 360, i.e. a collecting tray, in [0041]-[0042] in Fig. 3; Also, see how as the tissue section 330 is sliced, positive pressure gas from the gas supplier 322 and apertures 324 blows on the tissue section 330, thereby reducing or preventing deformation. Positive pressure gas can also be supplied to the front plate 316, where it passes through small apertures 324 on the front plate to provide a bed of gas on the front plate 316. The gas supplier 322 can be moved away via a shaft 326 which can be moved linearly and/or rotationally in [0036]-[0039] in Fig. 3).
Regarding Claim(s) 10-11, Lim et al. teaches the device limitations of the instant claim 1.
Lim et al. further teaches a device for collecting and sucking off clippings (See the Abstract, the apparatus for tissue section collection and transfer, and the Claim(s) 1-20 in [0003]-[0085] in Fig. 1-5), comprising: a microtome (1), in particular rotary microtome, with a device for collecting and sucking off clippings (See the rotary microtome 302 in [0036] in Fig. 3);
a system with a, preferably height-adjustable, work table (2) and a microtome (1), in particular a rotary microtome (See how the rotary microtome 302 may include a base 304 and a microtome housing 306 provided on the base 304 that would sit on a table in [0036] in Fig. 1; Also, see the various clamps, supports and rails that can be used to adjust height of the system in [0036]-[0039] in Fig. 3).
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.
Claim(s) 2-9 are rejected under 35 U.S.C. 103 as being unpatentable over Lim et al. (US20190195748A1) as applied to claim 1 above, and further in view of Heid et al. (US5974811A).
Regarding Claim(s) 2-5, Lim et al. teaches the device limitations of the instant claim 1.
Lim et al. further teaches a device for collecting and sucking off clippings (See the Abstract, the apparatus for tissue section collection and transfer, and the Claim(s) 1-20 in [0003]-[0085] in Fig. 1-5), characterized in that a suction device (5) is arranged, which is flow-connected to the suction opening (4) via a suction channel (6) (See how as the tissue section 330 is sliced, positive pressure gas from the gas supplier 322 and apertures 324 blows on the tissue section 330, thereby reducing or preventing deformation. Positive pressure gas can also be supplied to the front plate 316, where it passes through small apertures 324 on the front plate to provide a bed of gas on the front plate 316. The gas supplier 322 can be moved away via a shaft 326 which can be moved linearly and/or rotationally in [0036]-[0039] in Fig. 3);
characterized in that the suction device (5) has a power control, in particular a speed control (See the controller 370 in [0024]-[0025], [0033], [0039]-[0043] in Fig 3 and in Claim 20);
characterized in that the suction channel (6) is designed as a suction hose (See the gas supplier 322 in [0036]-[0039] in Fig. 3).
Additionally, in the analogous art of suction devices for cutting wastes in cryostatic microtomes, Heid et al. teaches a device for collecting and sucking off clippings (See the Abstract and the Claim(s) 1-11 in [Col. 2 line 50 - Col. 4 line 59] in Fig. 1), characterized in that a suction device (5) is arranged, which is flow-connected to the suction opening (4) via a suction channel (6) (See the suction tube 8, the conduit 5, and the pump 11 in [Col. 3 lines 12-39] in Fig. 1 and in Claim 1);
characterized in that the suction device (5) has a power control, in particular a speed control (See the electronic control in [Col. 4 lines 46-59] in Fig. 1);
characterized in that the suction channel (6) is designed as a suction hose (See the suction tube 8, the conduit 5, and the pump 11 in [Col. 3 lines 12-39] in Fig. 1).
Thus, it would be obvious to one with ordinary skills in the art to combine the suction devices of Lim et al. and Heid et al. for the benefit of reducing sample damage when collecting and sucking off sample clippings.
Regarding Claim(s) 6-9, The combination of Lim et al. and Heid et al. teaches the device limitations of the instant claim 5.
Lim et al. further teaches a device for collecting and sucking off clippings (See the Abstract, the apparatus for tissue section collection and transfer, and the Claim(s) 1-20 in [0003]-[0085] in Fig. 1-5), comprising connecting elements (See the various clamps, supports and rails in [0036]-[0039] in Fig. 3).
Lim et al. fails to explicitly teach a device for collecting and sucking off clippings, characterized in that the suction channel (6), in particular the suction hose, has a latching means (7) which can be fixed to a complementary latching receptacle (8) on the suction opening (4); characterized in that two connecting elements (12) are provided, wherein the connecting elements (12) each being designed as connecting legs (11); characterized in that the collecting area extends beyond the connecting element (12) or the connecting elements (12); in that at least one latching element is arranged for positive connection to the microtome (1).
However, in the analogous art of suction devices for cutting wastes in cryostatic microtomes, Heid et al. further teaches a device for collecting and sucking off clippings (See the Abstract and the Claim(s) 1-11 in [Col. 2 line 50 - Col. 4 line 59] in Fig. 1), characterized in that the suction channel (6), in particular the suction hose, has a latching means (7) which can be fixed to a complementary latching receptacle (8) on the suction opening (4) (See how the container 6 can be separated from the conduit 5 and from the suction tube 8, and can then be removed for emptying in [Col. 3 lines 12-39] in Fig. 1);
characterized in that two connecting elements (12) are provided, wherein the connecting elements (12) each being designed as connecting legs (11); characterized in that the collecting area extends beyond the connecting element (12) or the connecting elements (12); in that at least one latching element is arranged for positive connection to the microtome (1) (See in in [Col. 2 line 50 - Col. 4 line 59] in Fig. 1).
Thus, it would be obvious to one with ordinary skills in the art to combine the suction devices of Lim et al. by incorporating connecting elements to a suction channel and hose (As taught by Heid et al.) for the benefit of reducing sample damage when collecting and sucking off sample clippings.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following prior art teaches similar devices and methods: Schmitt (US20140090531A1), Schleifer et al. (US20190099908A1), and Thiem et al. (US20040261597A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRITNEY N WASHINGTON whose telephone number is (703)756-5959. The examiner can normally be reached Monday-Friday 7:00am - 3:30pm CT.
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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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/BRITNEY N. WASHINGTON/Examiner, Art Unit 1797
/JENNIFER WECKER/Primary Examiner, Art Unit 1797
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