DETAILED ACTION
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 § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more (See 2019 Update: Eligibility Guidance).
Independent Claim(s) 1 recites
managing an experimental protocol through a specific application,
setting a first parameter of the specific application according to an amount of a sample contained in a specific container used in the experimental protocol;
setting a second parameter of the specific application according to a change in the amount of the sample in specific processing using the specific container in the experimental protocol;
automatically execute the experimental protocol based upon the first parameter and the second parameter;
and
updating the first parameter based upon the second parameter after the specific processing ends
[Mathematical Concepts – mathematical relationships; mathematical formulas or equations or mathematical calculation] and/or [Mental Processes - concepts performed in the human mind (including an observation, evaluation, judgement, opinion)].
Independent Claim(s) 5 recites
managing an experimental protocol,
sets a first parameter of the specific application according to an amount of a sample contained in a specific container used in the experimental protocol,
and
sets a second parameter of the specific application according to a change in the amount of the sample in specific processing using the specific container in the experimental protocol,
automatically executes the experimental protocol based upon the first parameter and the second parameter,
updates the first parameter based upon the second parameter
[Mathematical Concepts – mathematical relationships; mathematical formulas or equations or mathematical calculation] and/or [Mental Processes - concepts performed in the human mind (including an observation, evaluation, judgement, opinion)].
Independent Claim(s) 7 recites
managing an experimental protocol through a specific application,
sets a first parameter of the specific application according to an amount of a sample contained in a specific container used in the experimental protocol,
sets a second parameter of the specific application according to a change in the amount of the sample in specific processing using the specific container in the experimental protocol,
automatically execute the experimental protocol based upon the first parameter and the second parameter,
and
updates the first parameter based upon the second parameter after the specific processing ends
[Mathematical Concepts – mathematical relationships; mathematical formulas or equations or mathematical calculation] and/or [Mental Processes - concepts performed in the human mind (including an observation, evaluation, judgement, opinion)].
In combination with Independent Claim(s) 1, 5, Claim(s) 2-4 recite(s)
the specific container includes
a plurality of sample accommodation spaces,
and
the step of setting the first parameter includes
setting the first parameter at an amount of a sample contained in each of the plurality of sample accommodation spaces.
designing the experimental protocol in a form of an oriented graph including a specific node corresponding to the specific processing based on a GUI operation by a user on the specific application,
wherein
the step of setting the second parameter
is performed through
a specific GUI displayed according to the GUI operation by the user on the specific node.
a plurality of nodes each selectable as a vertex of the oriented graph
includes
a processing node corresponding to processing by the experimental device,
and
a container node corresponding to a container accommodating a sample to be processed by the experimental device,
the step of designing the experimental protocol includes
automatically adding the container node according to addition of the processing node,
and
the container node and the processing node are connected by an edge extending from the container node to the processing node
[Mathematical Concepts – mathematical relationships; mathematical formulas or equations or mathematical calculation] and/or [Mental Processes - concepts performed in the human mind (including an observation, evaluation, judgement, opinion)].
This judicial exception is not integrated into a practical application. Limitations that are not indicative of integration into a practical application:
Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea (see MPEP § 2106.05(f)) (i.e. executed in a terminal device; controlling an experimental device to automatically execute the experimental protocol based upon the first parameter and the second parameter; A system for; the system comprising: an experimental device; a terminal device that executes a specific application; and a controller that controls the experimental device, the controller automatically executes the experimental protocol based upon the first parameter and the second parameter; A device for; the device comprising: a storage unit that stores a specific program that implements the specific application; and a processing unit that executes the specific program, controls an experimental device to; a server device that provides the specific application to the terminal device, wherein the server device transmits the experimental protocol designed by the terminal device to the controller);
Adding insignificant extra-solution activity to the judicial exception (see MPEP § 2106.05(g)) (i.e.); or
Generally linking the use of the judicial exception to a particular technological environment or field of use (MPEP § 2106.05(h)) (i.e. executed in a terminal device; controlling an experimental device to automatically execute the experimental protocol based upon the first parameter and the second parameter; A system for; the system comprising: an experimental device; a terminal device that executes a specific application; and a controller that controls the experimental device, the controller automatically executes the experimental protocol based upon the first parameter and the second parameter; A device for; the device comprising: a storage unit that stores a specific program that implements the specific application; and a processing unit that executes the specific program, controls an experimental device to; a server device that provides the specific application to the terminal device, wherein the server device transmits the experimental protocol designed by the terminal device to the controller).
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because looking at the additional elements as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. The additional elements simply append well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception, e.g., a claim to an abstract idea requiring no more than a generic computer to perform generic computer functions that are well-understood, routine and conventional activities previously known to the industry, as discussed in Alice Corp., 134 S. Ct. at 2359-60, 110 USPQ2d at 1984 (see MPEP § 2106.05(d)) (i.e. See Alice Corp. and cited references for evidence of additional elements (i.e., generic computer structure)).
Allowable Subject Matter (over prior art)
The following is a statement of reasons for the indication of allowable subject matter over prior art:
Examiner’s closest prior art to the claimed subject matter:
YOSHIKAWA ET AL. (US 20210233605 A1) teaches ‘systems and methods for conducting and managing integrated laboratory experiments. The system includes a variety of laboratory instruments that are connected to conduct a large number of different types of experiments, and an interface for a user to design experiments and adjust parameters for the experiments. Given the integration, the system can further take data from related samples and instruments for determining or adjusting certain experimental parameters for optimized experimental efficiency and results’;
WILLIAMS ET AL. (US 20200179932 A1) teaches ‘A system and method for processing and detecting nucleic acids from a set of biological samples’;
HERZENBERG ET AL. (US 20050273475 A1) teaches ‘databases and the exchange of scientific information’;
HERZENBERG ET AL. (US 20050044110 A1) teaches ‘databases and the exchange of scientific information’;
FAVA ET AL. (US 20020147515 A1) teaches ‘a method for the management of Workcell System capable to control concurrent processes that use pieces of equipment, here called Resources, interacting each other according to the needs and the changes that have not been forecast in advance in their process cycles, by means of a continuous real-time re-scheduling of automatic tasks’.
None of the cited prior art alone or in combination provides motivation to explicitly teach:
A method
for
managing an experimental protocol through a specific application executed in a terminal device,
the method comprising the steps of:
setting a first parameter of the specific application according to an amount of a sample contained in a specific container used in the experimental protocol;
setting a second parameter of the specific application according to a change in the amount of the sample in specific processing using the specific container in the experimental protocol;
controlling an experimental device to automatically execute the experimental protocol based upon the first parameter and the second parameter;
and
updating the first parameter based upon the second parameter after the specific processing ends
of claim(s) 1 (including dependent claim(s));
A system
for
managing an experimental protocol, the system comprising:
an experimental device;
a terminal device
that
executes a specific application;
and
a controller
that
controls the experimental device,
wherein
the specific application
sets a first parameter of the specific application according to an amount of a sample contained in a specific container used in the experimental protocol,
and
sets a second parameter of the specific application according to a change in the amount of the sample in specific processing using the specific container in the experimental protocol,
the controller
automatically executes the experimental protocol based upon the first parameter and the second parameter,
and
the specific application
updates the first parameter based upon the second parameter
of claim(s) 5 (including dependent claim(s));
A device
for
managing an experimental protocol through a specific application,
the device comprising:
a storage unit
that
stores a specific program that implements the specific application;
and
a processing unit
that
executes the specific program,
wherein
the processing unit
sets a first parameter of the specific application according to an amount of a sample contained in a specific container used in the experimental protocol,
sets a second parameter of the specific application according to a change in the amount of the sample in specific processing using the specific container in the experimental protocol,
controls an experimental device
to
automatically execute the experimental protocol based upon the first parameter and the second parameter,
and
updates the first parameter based upon the second parameter after the specific processing ends
of claim(s) 7 (including dependent claim(s)).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND NIMOX whose telephone number is (469)295-9226. The examiner can normally be reached Mon-Thu 10am-8pm CT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ANDREW SCHECHTER can be reached at (571) 272-2302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RAYMOND NIMOX
Primary Examiner
Art Unit 2857
/RAYMOND L NIMOX/Primary Examiner, Art Unit
Prosecution Insights