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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 01 June 2026 is acknowledged. Group I originally included claims 1-7. Due to the amendment of 01 June 2026, claims 8-10 and 15-17 are now also included as part of the elected group I. Even though the status identifier of claim 10 currently is presented as "withdrawn - currently amended" based on the amendment and Applicant's remarks of 01 June 2026, Examiner understands claim 10 to be "currently amended" to be dependent on claim 1 and become part of the elected group I.
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 do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “test system” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. See paragraphs [0043], [0072], and [0088] of the as-filed specification.
If applicant does not intend 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 avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 10 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth 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.
Claim 10 is indefinite because of the recited limitation: “a biochemical test” It is unclear to the examiner, if the applicant is referring to the same “biochemical test” in claim 1 or not?
Appropriate correction is required.
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.
Claim(s) 1, 8-10, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guarracina (US 20210208171 A1) in view of Walsh (US 20120046203 A1).
Regarding claim 1, Guarracina discloses a robotic cart for facilitating biochemical tests, the robotic cart comprising (See at least abstract, [0024-0030], [0044-0046] In one aspect, the at least one auto-navigating robotic processing vehicle 500, 600 is configured to provide all comporting (e.g., suitable) equipment (e.g., “process payloads” which may include process modules, peripherals, and/or consumables for station engagement, or “workpiece payloads” which may include samples and sample trays for station engagement) on the auto-navigating robotic processing vehicle 500, 600 to perform the tasks at a given processing station 110, 120. the auto-navigating robotic processing vehicle 500′ is configured to transport and/or preprocess samples/sample trays or other laboratory items in a controlled environment.): a durable housing that includes an aperture adapted to receive a cartridge containing a sample from a patient (See at least abstract, [0020-0024],[0044-0046] The aspects of the disclosed embodiment may provide scheduling software that drives a fleet of robots configured to run specific biological applications (freezer operator, high throughput screening operator, general lab worker, Cell culture operator, clinical sample accessioning and many others). The auto-navigating robotic processing vehicle 500′ is configured to transport and/or preprocess samples/sample trays or other laboratory items in a controlled environment. The environmental housing 560 may include one or more input/output units 563 through which the robot arm 510A may transport items to and from the interior of the environmental housing 560, such as for handoff to a human 199 (see FIG. 1) or to any suitable laboratory automation. The auto-navigating robotic processing vehicle 500′ may also include a sample/tray storage unit 562 which may be a freezer, incubator, or any other suitable storage. ); a sensor that is configured to produce data indicative of obstacles in an ambient environment (See at least abstract, [0029-0034] The autonomous navigation section 551 may include any suitable sensors (e.g., line following, inertial navigation, GPS, stereoscopic vision sensors, etc.) and/or programming so that the auto-navigating robotic processing vehicle 500 moves along the facility floor 180 and interfaces with a human 199 (FIG. 1) and/or a processing module 151-1558 of a processing station. As an example, the auto-navigating robotic processing vehicle 500 is a collaborative vehicle such that the autonomous navigation section 551, and at least portions of the processing section 510, include suitable speed controls, and any suitable sensors for detecting torque/force applied by the auto-navigating robotic processing vehicle 500 automation (e.g., the processing section 510 and/or the autonomous drive section 550) and sensing obstacles within a path of the auto-navigating robotic processing vehicle 500.); a drive module that includes multiple independently controllable wheels (See at least abstract, [0046-0050] The autonomous drive section 550′ includes any combination of at least a pair of drive wheels 650B and any suitable number of caster wheels 650A. The carriage 501′ includes a pair of fixed (e.g., non-pivotable about a vertical axis) wheels 660B and a pair of caster (e.g., pivotable about a vertical axis) wheels 660A (or any suitable combination of fixed wheels and caster wheels, or all caster wheels, or all fixed wheels). In one aspect the wheels may be configured to allow the autonomous drive section to pivot the carriage 501′ substantially without linear traverse of the carriage 501′.); and a processor that is configured to generate, based on the data produced by the sensor, multiple signals for the multiple independently controllable wheels of the drive module, so as to autonomously avoid the obstacles and navigate the ambient environment (See at least abstract, [0031-0048], [0050-0055], [0060-0064] As an example, the auto-navigating robotic processing vehicle 500 is a collaborative vehicle such that the autonomous navigation section 551, and at least portions of the processing section 510, include suitable speed controls, and any suitable sensors for detecting torque/force applied by the auto-navigating robotic processing vehicle 500 automation (e.g., the processing section 510 and/or the autonomous drive section 550) and sensing obstacles within a path of the auto-navigating robotic processing vehicle 500. In one aspect, the controller 590 is configured so as to effect the autonomous navigation vehicle travel to the identified travel location (e.g., such as the location of the processing station 110, 120 on the facility floor 180), from an initial location (such as a charging location or any other suitable location) on the facility floor 180 different from the identified location. For example, the controller 590 may effect picking up a manual tool such as an ultraviolet light from the initial location or the other suitable location and transport the ultraviolet light to the processing station 110, 120 where the controller effects, with the ultraviolet light held by the robot arm 510A sanitizing of the processing station 110, 120. In one aspect the wheels may be configured to allow the autonomous drive section to pivot the carriage 501′ substantially without linear traverse of the carriage 501′. The graphical user interface 667 and/or the remote graphical user interface 668 are configured to provide a confirmation of work performed and a signal to the vehicle 500, 600, 700, 800 when the work task is completed).
Guarracina does not explicitly disclose a test system that is configured to perform a biochemical test on the sample and provide test results. However, Walsh teaches a test system that is configured to perform a biochemical test on the sample and provide test results (See at least abstract, [0533-0538], [0575-0579] [0584-0595] The analyzer is self-contained, portable and rugged since the environment of operation varies from a hospital emergency room to an impromptu established field hospital. The analyzer accepts single-sample assay cartridges. Each cartridge includes a lancet for drawing a capillary blood sample, Capillary blood is collected directly from the patient into the cartridge. The cartridge includes all reagents required to perform a panel of six assays. This embodiment fully automates all steps required to produce a test result from each input cartridge. The cartridges are dropped one by one from the loading racks into the activation slot of the reaction carousel, where the reaction is initiated on the cartridge. The mobile automated surge testing analyzer is a device that accepts a queue of sample containers containing a liquid sample, performs several processing steps on each sample in series before a selective force is applied to the assay, and captures an unmagnified image with a photo-detector array. Analyzer system operation is based a loading carousel and a reaction carousel (FIG. 29). The processing is an assembly line model, discussed in Example 14. User collects sample from patient in proprietary container. There is a lancet included for blood sample collection (FIG. 26) A user loads sample from one patient into one container. In the container, lyophilized reagents sit in chambers covered by an optically clear non-fluorescent viewing window to allow for imaging. The device provides automated testing with ultra high throughput of a single test type. After magnetic selection, the container is imaged, analyzed, and results displayed. ). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation of success, to have modified Guarracina to incorporate the teachings of Walsh which teaches a test system that is configured to perform a biochemical test on the sample and provide test results since they are directed to robotic carts and cartridge sampling and incorporation of Walsh would improve the robotic cart system by increasing its utility and reducing the risk of sample mishandling during transport.
Regarding claim 8, Guarracina discloses wireless communication circuitry that is configured to establish, via a wireless communication channel, communication with a control platform (See at least abstract, [0027-0031], [0035-0042] The auto-navigating robotic processing vehicle 500, 600 and the automated configurable processing tool 200A are communicably connected by any suitable network to the laboratory facility 100 controller 930 (as described below and shown in FIG. 9) that registers the configuration of the automated configurable processing tool 200A, a presence and configuration of the auto-navigating robotic processing vehicle 500, 600 at the automated configurable processing tool 200A or in motion from/to the automated configurable processing tool 200A, and register a location and configuration of a human processing station 110, 120 and a status (e.g., operating, occupied, closed, etc.) thereof. The autonomous navigation section 551 is configured so that the auto-navigating robotic processing vehicle 500 travels to the at least one processing station 110, 120 (FIG. 1) and/or tool 200A (FIG. 2), 200B (FIG. 3). The controller 590 is communicably connected to each different processing module 510A-510G, so as to automatically select at least one processing module 510A-510G, from the different processing modules 510A-510G) that is responsible for managing (i) movement of the robotic cart through the ambient environment (See at least abstract, [0024-0028], [0030-0036] The autonomous navigation section 551 is configured so that the auto-navigating robotic processing vehicle 500 travels to the at least one processing station 110, 120 (FIG. 1) and/or tool 200A (FIG. 2), 200B (FIG. 3), 200C (FIG. 4) through a human access zone 175 (FIG. 1) on the facility floor. the auto-navigating robotic processing vehicle 500 is a collaborative vehicle such that the autonomous navigation section 551, and at least portions of the processing section 510, include suitable speed controls, and any suitable sensors for detecting torque/force applied by the auto-navigating robotic processing vehicle 500 automation (e.g., the processing section 510 and/or the autonomous drive section 550) and sensing obstacles within a path of the auto-navigating robotic processing vehicle 500. Communicably connected by any suitable network to the laboratory facility 100 controller 930 (as described below and shown in FIG. 9) that registers the configuration of the automated configurable processing tool 200A, a presence and configuration of the auto-navigating robotic processing vehicle 500, 600 at the automated configurable processing tool 200A or in motion from/to the automated configurable processing tool 200A)
Guarracina does not explicitly disclose the control platform that is further responsible for managing (ii) testing of the sample when the cartridge is inserted into the robotic cart. However, Walsh teaches the control platform that is responsible for managing (ii) testing of the sample when the cartridge is inserted into the robotic cart (See at least abstract, [0533-0538], [0575-0581] [0584-0595] The analyzer is self-contained, portable and rugged since the environment of operation varies from a hospital emergency room to an impromptu established field hospital. The analyzer accepts single-sample assay cartridges. Each cartridge includes a lancet for drawing a capillary blood sample, Capillary blood is collected directly from the patient into the cartridge. The cartridge includes all reagents required to perform a panel of six assays. The sample is collected directly into the assay cartridge (FIG. 26) using the onboard lancet for drawing capillary blood, and the cartridge is loaded into a portable cartridge carrier (FIG. 27) for transport to the instrument. As they are filled, carriers are loaded into vacant slots at the top of the instrument. FIG. 29 illustrates the design of the analyzer. This embodiment fully automates all steps required to produce a test result from each input cartridge. The cartridges are dropped one by one from the loading racks into the activation slot of the reaction carousel, where the reaction is initiated on the cartridge. The mobile automated surge testing analyzer is a device that accepts a queue of sample containers containing a liquid sample, performs several processing steps on each sample in series before a selective force is applied to the assay, and captures an unmagnified image with a photo-detector array. Analyzer system operation is based a loading carousel and a reaction carousel (FIG. 29). The processing is an assembly line model, discussed in Example 14. User collects sample from patient in proprietary container. There is a lancet included for blood sample collection (FIG. 26) A user loads sample from one patient into one container. In the container, lyophilized reagents sit in chambers covered by an optically clear non-fluorescent viewing window to allow for imaging. The device provides automated testing with ultra high throughput of a single test type. After magnetic selection, the container is imaged, analyzed, and results displayed. All analyzer operations, including system timing and scheduling, error handling and recovery, data storage, data transmission, system diagnostics, and image analysis are controlled by a small onboard computer. The onboard computer also controls the operations of subsystem components including the motor controller board, reaction carousel, loading carousel, LED control, camera functions, and the display panel). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation of success, to have modified Guarracina to incorporate the teachings of Walsh which teaches the control platform that is responsible for managing (ii) testing of the sample when the cartridge is inserted into the robotic cart since they are directed to robotic carts and cartridge sampling and incorporation of Walsh would improve the robotic cart system and reduce the risk of sample mishandling during transport.
Regarding claim 9, Guarracina as modified by Walsh discloses wherein the control platform is executed by a computing device that is communicatively connected to the robotic cart via a network (See at least Guarracina abstract, [0026-0030] The auto-navigating robotic processing vehicle 500, 600 and the automated configurable processing tool 200A are communicably connected by any suitable network to the laboratory facility 100 controller 930 (as described below and shown in FIG. 9) that registers the configuration of the automated configurable processing tool 200A, a presence and configuration of the auto-navigating robotic processing vehicle 500, 600 at the automated configurable processing tool 200A).
Regarding claim 10, Guarracina discloses a method performed by the robotic cart of claim 1, the method comprising (See at least abstract, [0114-0121]): receiving, from a control platform, input that is indicative of an instruction to be positioned in a given location inside a facility of which the ambient environment is a part (See at least abstract, [0040-0046] In one aspect, the controller 590 is configured (e.g., with any suitable non-transitory computer program code) to receive a command (from any suitable laboratory facility controller (e.g., such as a personal computer 900, a mobile device 910 and/or a tablet computer 920—see FIG. 9—as will be described below) identifying the travel location for the auto-navigating robotic processing vehicle 500, where, as noted above, the travel location corresponds to the at least one processing station 110, 120); traversing the facility in an autonomous manner based the data produced by the sensor included in the robotic cart (See at least abstract, [0030-0036] The autonomous navigation section 551 is configured so that the auto-navigating robotic processing vehicle 500 travels to the at least one processing station 110. The autonomous navigation section 551 may include any suitable sensors (e.g., line following, inertial navigation, GPS, stereoscopic vision sensors, etc.) and/or programming so that the auto-navigating robotic processing vehicle 500 moves along the facility floor 180. As an example, the auto-navigating robotic processing vehicle 500 is a collaborative vehicle such that the autonomous navigation section 551, and at least portions of the processing section 510, include suitable speed controls, and any suitable sensors for detecting torque/force applied by the auto-navigating robotic processing vehicle 500 automation (e.g., the processing section 510 and/or the autonomous drive section 550) and sensing obstacles within a path of the auto-navigating robotic processing vehicle 500.); permitting insertion of the cartridge with the sample deposited therein (See at least abstract, [0034-0038], [0042-0048] Allow the auto-navigating robotic processing vehicle 500 to access both automation friendly devices (e.g., devices that have lab ware input/output positions and external control application processor interfaces (APIs) and non-automation friendly devices. The auto-navigating robotic processing vehicle 500′ may include process module 510D (see FIG. 5A) for holding the different end effectors 515A-515C to provide different functionalities to the robot arm end 515 (e.g., such as opening doors, transferring individual sample tubes, and using manually operated tools, such as those described above, within the environmental housing). The environmental housing 560 may include one or more input/output units 563 through which the robot arm 510A may transport items to and from the interior of the environmental housing 560, such as for handoff to a human 199 (see FIG. 1) or to any suitable laboratory automation.).
Guarracina does not explicitly disclose performing a biochemical test with the test system in response to the cartridge being inserted into the robotic cart. However, Walsh teaches performing a biochemical test with the test system in response to the cartridge being inserted into the robotic cart (See at least abstract, [0533-0538], [0575-0579] [0584-0595] The analyzer is self-contained, portable and rugged since the environment of operation varies from a hospital emergency room to an impromptu established field hospital. The analyzer accepts single-sample assay cartridges. Each cartridge includes a lancet for drawing a capillary blood sample, Capillary blood is collected directly from the patient into the cartridge. The cartridge includes all reagents required to perform a panel of six assays. The sample is collected directly into the assay cartridge (FIG. 26) using the onboard lancet for drawing capillary blood, and the cartridge is loaded into a portable cartridge carrier (FIG. 27) for transport to the instrument. As they are filled, carriers are loaded into vacant slots at the top of the instrument. FIG. 29 illustrates the design of the analyzer. This embodiment fully automates all steps required to produce a test result from each input cartridge. The cartridges are dropped one by one from the loading racks into the activation slot of the reaction carousel, where the reaction is initiated on the cartridge. The mobile automated surge testing analyzer is a device that accepts a queue of sample containers containing a liquid sample, performs several processing steps on each sample in series before a selective force is applied to the assay, and captures an unmagnified image with a photo-detector array. Analyzer system operation is based a loading carousel and a reaction carousel (FIG. 29). The processing is an assembly line model, discussed in Example 14. User collects sample from patient in proprietary container. There is a lancet included for blood sample collection (FIG. 26) A user loads sample from one patient into one container. In the container, lyophilized reagents sit in chambers covered by an optically clear non-fluorescent viewing window to allow for imaging. The device provides automated testing with ultra high throughput of a single test type. After magnetic selection, the container is imaged, analyzed, and results displayed). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation of success, to have modified Guarracina to incorporate the teachings of Walsh which teaches performing a biochemical test with the test system in response to the cartridge being inserted into the robotic cart since they are directed to robotic carts and cartridge sampling and incorporation of Walsh would improve the robotic cart system by increasing its utility and reduce the risk of sample mishandling during transport.
Regarding claim 15, Guarracina as modified by Walsh discloses wherein the robotic cart autonomously navigates the ambient environment to a given location that is included in an instruction that is input, via a computing device, by an operator,(See at least Guarracina abstract, [0020-0025] [0036-0038], [0040-0046], [0058-0060], [0101-0106] In one aspect, the controller 590 is configured (e.g., with any suitable non-transitory computer program code) to receive a command (from any suitable laboratory facility controller (e.g., such as a personal computer 900, a mobile device 910 and/or a tablet computer 920—see FIG. 9—as will be described below) identifying the travel location for the auto-navigating robotic processing vehicle 500, where, as noted above, the travel location corresponds to the at least one processing station 110, 120. Where the at least one processing station 110, 120 is located at a travel location of the auto-navigating robotic processing vehicle 500. The controller is configured so as to effect the autonomous navigation vehicle travel to the identified travel location, from an initial location on the facility floor different from the identified location. The robots described herein are configured to run the steps of the process that make sense for automation, and humans are instructed or prompted as applicable (i.e., serially, or simultaneously, or in parallel with automation). Software provided in accordance with aspects of the disclosed embodiment can instruct, prompt, and/or time and capture all relevant experiment data for experiments being run by combinations of mobile robotic operators and human operators. The at least one processing station 110, 120 may have different applications (which may correspond to, e.g., a preprocess and/or a preprocess condition) such as for example, general research laboratory operator/technician applications including, but not limited to, assay development, laboratory services, animal cage cleaning, mouse colony management, etc. ), and wherein receipt of the instruction prompts the robotic cart to navigate the ambient environment (See at least Guarracina abstract, [0036-0042] The controller 590 is configured so as to effect the autonomous navigation vehicle travel to the identified travel location (e.g., such as the location of the processing station 110, 120 on the facility floor 180), from an initial location (such as a charging location or any other suitable location) on the facility floor 180 different from the identified location. The controller 590 is configured (e.g., with any suitable non-transitory computer program code) to receive a command (from any suitable laboratory facility controller (e.g., such as a personal computer 900, a mobile device 910 and/or a tablet computer 920—see FIG. 9—as will be described below) identifying the travel location for the auto-navigating robotic processing vehicle 500, where, as noted above, the travel location corresponds to the at least one processing station 110, 120).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guarracina (US 20210208171 A1) in view of Walsh (US 20120046203 A1), and further in view of Skaaksrud (US 20190287059 A1).
Regarding claim 2, Guarracina as modified by Walsh does not explicitly disclose wherein the sensor is a light detection and ranging (LiDAR) sensor that uses one or more pulsed lasers to detect a variable distance between the robotic cart and the obstacles in the ambient environment. However, Skaaksrud teaches wherein the sensor is a light detection and ranging (LiDAR) sensor that uses one or more pulsed lasers to detect a variable distance between the robotic cart and the obstacles in the ambient environment. (See at least abstract, [0447-00450], [0474-0478] Light Detection and Ranging (LIDAR): A remote sensing device that uses pulsed laser light to measure distances and create “point maps” of the surrounding environment. These point maps can be used with Artificial Intelligence platforms to detect and classify different types of objects in the environment: trees, cars, pedestrians, bikers, etc. As such, an embodiment may have at least one of the sensors 1815 being a proximity sensor operative to autonomously detect an object in a movement path of the modular mobility base 1705 and provide proximity sensor data to the mobility controller 1825 on the detected object as the feedback sensor data. The mobility controller 1825 may receive the feedback sensor data from the proximity sensor(s) of sensors 1815 and responsively generate a change to at least one of the propulsion control signal and the steering control signal so as to avoid collisions and autonomously navigate along the movement path.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation of success, to have modified Guarracina as modified by Walsh to incorporate the teachings of Skaaksrud which teaches wherein the sensor is a light detection and ranging (LiDAR) sensor that uses one or more pulsed lasers to detect a variable distance between the robotic cart and the obstacles in the ambient environment since they are directed to robotic processing carts and incorporation of Skaaksrud would improve and enhance the accuracy and reliability of the robotic cart’s collision avoidance capabilities.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guarracina (US 20210208171 A1) in view of Walsh (US 20120046203 A1), and further in view of Lochhead (US 20120071342 A1)
Regarding claim 3, Guarracina as modified by Walsh does not explicitly disclose wherein the aperture is a slot that is designed to receive the cartridge and has a movable cover. However Lochhead teaches wherein the aperture is a slot that is designed to receive the cartridge and has a movable cover (See at least abstract, Fig. 1 & 2, [0078-0080], [0216-0220] Reader instrument 100 may be configured such that a user is protected from exposure to any potentially dangerous light that is emitted by laser illumination module 104 when a cartridge is fully inserted into an aperture or slot in housing 102, partially inserted, or not inserted at all. Reader instrument 100 may be fitted with an opaque door that automatically closes when cartridge is fully extracted from actuator, providing a light tight enclosure). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation of success, to have modified Guarracina as modified by Walsh to incorporate the teachings of Lochhead which teaches wherein the aperture is a slot that is designed to receive the cartridge and has a movable cover since they are directed to robotic processing carts and incorporation of Lochhead would improve the robotic cart’s design for protecting the cartridge sample.
Claim(s) 4-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guarracina (US 20210208171 A1) in view of Walsh (US 20120046203 A1), and further in view of Cunningham (US 20070041012 A1).
Regarding claim 4, Guarracina as modified by Walsh does not explicitly disclose wherein the test system includes (i) a light source that, in operation, emits light toward a probe included in the cartridge, and (ii) a detector that, in operation, records a spectrum of the light reflected by the probe. However, Cunningham teaches wherein the test system includes (i) a light source that, in operation, emits light toward a probe included in the cartridge (See at least abstract, [0060-0064], [0134-0137], [0152-0160] A detection system consists of, for example, a light source that illuminates a small spot of a biosensor at normal incidence through, for example, a fiber optic probe. The most common assay formats for pharmaceutical screening laboratories, molecular biology research laboratories, and diagnostic assay laboratories are microtiter plates. The plates are standard-sized plastic cartridges that can contain 96, 384, or 1536 individual reaction vessels arranged in a grid. Due to the standard mechanical configuration of these plates, liquid dispensing, robotic plate handling, and detection systems are designed to work with this common format. The detection system 150 further includes a light source 154 and spectrometer 160. The light source 154 directs light to the biosensor 152. A detector, such as the spectrometer 160, detects light reflected via a collecting fiber 153 from the biosensor.), and(ii) a detector that, in operation, records a spectrum of the light reflected by the probe (See at least abstract, [0154-0160], [0139-0174] The detection system 150 further includes a light source 154 and spectrometer 160. The light source 154 directs light to the biosensor 152. A detector, such as the spectrometer 160, detects light reflected via a collecting fiber 153 from the biosensor. The collected light is gathered into a wavelength spectrometer 212 for processing, including generation of a PWV.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation of success, to have modified Guarracina as modified by Walsh to incorporate the teachings of Cunningham which teaches wherein the test system includes (i) a light source that, in operation, emits light toward a probe included in the cartridge, and (ii) a detector that, in operation, records a spectrum of the light reflected by the probe since Guarracina as modified by Walsh are directed to automated robotic systems for performing biochemical test(s) on sample(s), and Cunningham teaches that to perform biochemical test(s) on sample(s), the test system uses a light source that, in operation, emits light toward a probe included in the cartridge, and a detector that, in operation, records a spectrum of the light reflected by the probe; therefore, it would have been obvious to incorporate Cunningham’s test system components into the test system of Guarracina as modified by Walsh to enable accurate sample measurement and improve the precision and reliability of the test system.
Regarding claim 5, Guarracina as modified by Walsh does not explicitly disclose wherein the light emitted by the light source is conveyed to the probe via a waveguide, and wherein the light received from the probe is conveyed to the detector via the waveguide. However, Cunningham teaches wherein the light emitted by the light source is conveyed to the probe via a waveguide (See at least abstract, [0058-0062], [0070-0075], [0160-0165] When a filter is designed according to one aspect of the present invention, incident light passes into the waveguide region. A two-dimensional grating structure selectively couples light at a narrow band of wavelengths into the waveguide. The alternating regions of high and low refractive index provide an optical waveguide parallel to a top surface of the biosensor. A single illuminating fiber, which may be coupled at its first end to a light source that directs light at the biosensor, and a single collecting fiber, which may be coupled at its first end to a detector that detects light reflected from the biosensor), and wherein the light received from the probe is conveyed to the detector via the waveguide (See at least abstract, [0160-0165] a single illuminating fiber, which may be coupled at its first end to a light source that directs light at the biosensor, and a single collecting fiber, which may be coupled at its first end to a detector that detects light reflected from the biosensor. Light is directed through the illuminating fiber probe into the beam splitter, which directs light toward the biosensor 172. The reflected light is directed back into the beam splitter 174, which then directs reflected light into the collecting fiber probe 176. Examiner notes that an optical fiber is a type of waveguide). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation of success, to have modified Guarracina as modified by Walsh to incorporate the teachings of Cunningham which teaches wherein the light emitted by the light source is conveyed to the probe via a waveguide, and wherein the light received from the probe is conveyed to the detector via the waveguide since Guarracina as modified by Walsh are directed to automated robotic systems for performing biochemical test(s) on sample(s), and Cunningham teaches that to perform biochemical test(s) on sample(s), the light emitted by the light source is conveyed to the probe via a waveguide, and wherein the light received from the probe is conveyed to the detector via the waveguide; therefore, it would have been obvious to incorporate Cunningham’s teachings into the test system of Guarracina as modified by Walsh in order to efficiently and reliably transmit light to and from the probe with minimal signal loss, thereby improving the accuracy of the detection pathway within the automated system.
Regarding claim 6, Guarracina as modified by Walsh does not explicitly disclose wherein the detector is able to record intensity of the light received from the probe at a plurality of wavelengths. However, Cunningham teaches wherein the detector is able to record intensity of the light received from the probe at a plurality of wavelengths (See at least abstract, [0050-0056], [0165-0170], [0215-0222] The sensor surface contains an optical structure that, when illuminated with collimated white light, is designed to reflect only a narrow band of wavelengths. FIG. 25 illustrates the result of subtracting a pre-spotted image from a post-spotted image. The intensity scale conversion factor is illustrated to be a 0.04 nm per display intensity unit, resulting in a detected wavelength shift of 0.8 nm. The instrument measures the Peak Wavelength Values (PWVs) of separate locations within the biosensor-embedded microtiter plate using a spectrometer. Based on the reflected light, the apparatus measures certain values, such as the peak wavelength values (PWV's), of a plurality of locations within the biosensor embedded microtiter plate.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation of success, to have modified Guarracina as modified by Walsh to incorporate the teachings of Cunningham which teaches wherein the detector is able to record intensity of the light received from the probe at a plurality of wavelengths since Guarracina as modified by Walsh are directed to automated robotic systems for performing biochemical test(s) on sample(s), and Cunningham teaches that to perform biochemical test(s) on sample(s), the detector is able to record intensity of the light received from the probe at a plurality of wavelengths; therefore, it would have been obvious to incorporate Cunningham’s teachings into the test system of Guarracina as modified by Walsh in order to provide more detailed and sensitive spectral data for each sample, thereby improving the precision with which the automated system can detect and quantify reactions in the cartridge.
Regarding claim 7, Guarracina as modified by Walsh does not explicitly disclose an actuatable assembly that, in operation, moves a probe amongst different wells included in the cartridge. However, Cunningham teaches an actuatable assembly that, in operation, moves a probe amongst different wells included in the cartridge (See at least abstract, [0011-0015], [0188-0192] This technology is useful in applications where large numbers of biomolecular interactions are measured in parallel, particularly when molecular labels alter or inhibit the functionality of the molecules under study. High-throughput screening of pharmaceutical compound libraries with protein targets, and microarray screening of protein-protein interactions for proteomics are examples of applications that require the sensitivity and throughput afforded by this approach. A biosensor of the invention can be manufactured, for example, in large areas using a plastic embossing process, and thus can be inexpensively incorporated into common disposable laboratory assay platforms such as microtiter plates and microarray slides. in one embodiment of the measuring apparatus, a microtiter plate is placed on a linear motion stage. The linear motion stage moves the microplate in a specified, linear scan direction. As the microtiter plate is moved in this scan direction, each microplate column is sequentially illuminated. The resulting reflected light is measured. In one preferred embodiment, a scan of a conventional 96-well microtiter plate may take approximately 15 to 30 seconds to illuminate and measure the resultant reflected spectrum). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation of success, to have modified Guarracina as modified by Walsh to incorporate the teachings of Cunningham which teaches an actuatable assembly that, in operation, moves a probe amongst different wells included in the cartridge since Guarracina as modified by Walsh are directed to automated robotic systems for performing biochemical test(s) on sample(s), and Cunningham teaches that to perform biochemical test(s) on sample(s), an actuatable assembly, in operation, moves a probe amongst different wells included in the cartridge; therefore, it would have been obvious to incorporate Cunningham’s teachings into the test system of Guarracina as modified by Walsh in order to enable efficient, automated scanning and measurement of multiple wells within the cartridge, thereby increasing the throughput and consistency of the overall test system.
Claim(s) 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guarracina (US 20210208171 A1) in view of Walsh (US 20120046203 A1), and further in view of Musk (US 20200257317 A1)
Regarding claim 16, Guarracina as modified by Walsh does not explicitly disclose wherein the given location included in the instruction is inferred based on a current location of the computing device. However, Musk teaches wherein the given location included in the instruction is inferred based on a current location of the computing device (See at least abstract, [0014-0020] [0029-0033], [0092-0099] As the vehicle automatically navigates using the selected path, the representation of the environment is continuously updated. The location may be a longitude and latitude pair and, in some embodiments, may include an altitude. In some embodiments, the user's location is dynamic and is continuously updated or updated at certain intervals. For example, the user can move to a new location and the location received is updated. Other data may be used as the center of map 801, such as the original (or starting) location of the vehicle, the user's current location, the closest reachable location to the user's current location, etc. Other data may be used as the center of map 901, such as the original (or starting) location of the vehicle, the user's current location, the closest reachable location to the user's current location, the selected destination target represented by destination target element 911, etc.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation of success, to have modified Guarracina as modified by Walsh to incorporate the teachings of Musk which teaches wherein the given location included in the instruction is inferred based on a current location of the computing device since they are directed to navigating vehicles and incorporation of Musk would improve the convenience and reducing travel time of the cart.
Regarding claim 17, Guarracina as modified by Walsh does not explicitly disclose wherein the given location included in the instruction is inferred based on a schedule of the operator. However, Musk teaches wherein the given location included in the instruction is inferred based on a schedule of the operator (See at least abstract, [0016-0020] The target location is specified indirectly, such as via a calendar or planning software. For example, a calendar of the user is parsed and used to determine a target destination and time from calendar events. A calendar event may include the location of the event and a time, such as the ending time. The destination is selected based on the location of the event and the time is selected based on the ending time of the event. For example, a user can specify the time the vehicle should begin automatically navigating or departing to the specified destination. As another example, a user can specify the time the vehicle should arrive at the specified destination. As another example, location may be based on a location associated with a calendar event). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation of success, to have modified Guarracina as modified by Walsh to incorporate the teachings of Musk which teaches wherein the given location included in the instruction is inferred based on a schedule of the operator since they are directed to navigating vehicles and incorporation of Musk would improve the convenience and reducing travel time of the cart.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LABIBAH I. ALI whose telephone number is (571)272-6738. The examiner can normally be reached M-F 8:00-5:00.
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/LABIBAH ILMA ALI/ Examiner, Art Unit 3667
/SAHAR MOTAZEDI/ Primary Examiner, Art Unit 3667
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