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, 5, 6, 9, 12, 14, 16, 17, 25-28, 35, 37, 38, 43, 45, 49, 56 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, 56 recites
A method,
comprising:
converting each mass spectrum from a first data set to a second data set
that comprises
a deconvoluted mass signal intensity as a function of mass with respect to time for one or more analytes,
wherein
the first data set comprises
a plurality of mass spectra,
and
wherein
each mass spectrum provides an ion signal intensity as a function of mass- to-charge ratio with respect to time for the one or more analytes;
and
generating at least one integrated plot by adjusting dimensions of the second data set and a third data set,
wherein
the third data set comprises
one or more images of an isoelectric focusing of one or more analytes,
wherein
each pixel of the one or more images corresponds to a signal intensity at a position and/or time,
and
wherein
the position and/or time corresponds to at least one isoelectric point (pI) for the one or more analytes
[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) 25 recites
A method
for
comparing imaged capillary isoelectric focusing (iCIEF) and mass spectrometric (MS) data for one or more analytes,
the method comprising:
converting each mass spectrum from a first data set to a second data set
that comprises
a deconvoluted mass signal intensity as a function of mass with respect to time for one or more analytes,
wherein
the first data set comprises
a plurality of mass spectra,
and
wherein
each mass spectrum provides an ion signal intensity as a function of mass- to-charge ratio with respect to time for the one or more analytes;
generating at least one integrated plot by adjusting dimensions of the second data set and a third data set,
wherein
the third data set comprises
one or more images of an isoelectric focusing of one or more analytes,
wherein
each pixel of the one or more images corresponds to a signal intensity at a position and/or time,
and
wherein
the position and/or time corresponds to at least one isoelectric point (pI) for the one or more analytes;
and
generating a visual representation of the mapped data
[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, 25, Claim(s) 5, 6, 9, 12, 14, 16, 17, 26-28, 35, 37, 38, 43, 45, 49 recite(s)
the third data set further comprises
one or a plurality of images of one or more isoelectric focused analytes or a mobilization of the one or more analytes after isoelectric focusing is completed.
the third data set comprises
one or a plurality of images acquired at a frame rate of at least one image per about 10 minutes, per about 6.5 minutes, or per about 5 minutes.
an extracted chronogram is generated from the second data set
or
the second data set is normalized prior to integrating the second data set with the third data set.
at least one peak in the third data set is mapped to at least one peak in the second data set
and/or
at least one proteoform of the one or more analytes is quantified.
the at least one integrated plot is a pI and mass resolved intensity plot or shows deconvoluted masses as a function of pI domains.
for a given mass, an identity of the one or more analytes in the pI and mass resolved intensity plot is determined using a processor.
the one or more analytes comprise
different protein isoforms,
the protein isoforms comprise
different post-translational modifications of a protein,
and
the at least one integrated plot is used to assign a post-translational modification to the one or more analytes.
prior to generating an integrated plot, the third data set is manipulated relative to a time resolved axis of the first data set by a user.
the manipulation is selected from the group consisting of
compressing, moving, stretching, growing, shrinking, splitting, translating, zooming, and merging,
or
the method is used to
generate a non-linear correlation between the third data set and the second data set.
the time resolved axis comprises at least one anchor point,
the third data set is manipulated around the at least one anchor point,
and
the anchor point is a time-pI anchor point.
the at least one integrated plot is
a pI and mass resolved intensity plot
and/or
shows deconvoluted masses as a function of pI domains.
for a given mass, an identity of the one or more analyte in the pI and mass resolved intensity plot is determined.
the one or more analyte comprises
different protein isoforms,
the protein isoforms comprise
different post-translational modifications of a protein,
and
the at least one integrated plot is used to assign a post-translational modification to one or more analyte species.
overlay on the third data set, the second data set, and/or the at least one integrated plot,
and
a point of interest.
an overlay of at least a first integrated plot on at least a second integrated plot,
and
generating a ratio, difference, or offset between the first integrated plot and the second integrated plot is generated.
the third data set further comprises
one or a plurality of images of one or more isoelectric focused analytes or a mobilization of the one or more analytes after isoelectric focusing is completed
[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. computer-implemented; with one or more computing devices; One or more non-transitory computer-readable storage media comprising instructions, which when executed by one or more computing devices, cause the one or more computing devices to:);
Adding insignificant extra-solution activity to the judicial exception (see MPEP § 2106.05(g)) (i.e. generic data output/displaying (e.g. (displaying a crosshair display overlay; a user can specify a point of interest using the crosshair display; displaying an overlay)); or
Generally linking the use of the judicial exception to a particular technological environment or field of use (MPEP § 2106.05(h)) (i.e. mass spectrometry).
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)).
Examiner’s Note - 35 USC § 101
Claim(s) 22 states:
“performing the isoelectric focusing, the mobilization, and electrospray ionization mass spectrometry using a single, integrated microfluidic device coupled to a mass spectrometer to obtain the first data set and the third data set.”
With respect to Claim(s) 49 states:
“…
performing the isoelectric focusing, the mobilization, and electrospray ionization mass spectrometry using a single, integrated microfluidic device coupled to a mass spectrometer to obtain the first data set and the third data set.”
Examiner advises applicant that incorporating the underlined language of claim(s) 22, 49 would practically apply the identified abstract idea and cure the above 101 rejection(s).
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, 5, 9, 12, 14, 16, 17, 25-28, 35, 37, 38, 49, 56 is/are rejected under 35 U.S.C. 103 as being unpatentable over SILZEL (US 20230307220 A1) in view of KIL ET AL. (US 20190103260 A1) (hereinafter “KIL”), LUBMAN ET AL. (US 20080096284 A1) (hereinafter “LUBMAN”).
With respect to Claim(s) 1, 56, SILZEL teaches ‘extracting CIEF-MS profiles form m/z versus time arrays’ and the BRI of:
A computer-implemented method (See, e.g., Fig(s). 1),
comprising:
converting, with one or more computing devices, each mass spectrum from a first data set to a second data set that comprises a deconvoluted mass signal intensity as a function of mass with respect to time for one or more analytes, wherein the first data set comprises a plurality of mass spectra, and wherein each mass spectrum provides an ion signal intensity as a function of mass- to-charge ratio with respect to time for the one or more analytes (See, e.g., ¶ 0004-006, 0062-0099; See also, e.g., Fig(s). 1-7);
and
generating, with the one or more computing devices, at least one integrated plot of the second data set and a third data set corresponding to isoelectric point (pI), the third data set comprises one or more data of an isoelectric focusing of one or more analytes, wherein each data corresponds to a signal intensity at a position and/or time, and wherein the position and/or time corresponds to at least one isoelectric point (pI) for the one or more analytes (See, e.g., ¶ 0004-006, 0062-0099; See also, e.g., Fig(s). 1-7).
However, SILZEL is lacking the explicit language of:
adjusting dimensions of the second data set and a third data set;
one or more images of an isoelectric focusing of one or more analytes.
KIL teaches ‘graphical user-interactive analysis of data, including in particular, mass spectrographic data analysis, as well as methods and software for generating and using such. One aspect provides user-customizable reports, including methods and apparatuses for generating customizable pivot tables and graphs specific to mass spectrographic data’ and the BRI of:
adjusting dimensions/axis of the data set(s)/plot(s)/graph(s) (See, e.g., ¶ 0011, 0012, 0015, 0084, 0087, 0088).
It would have been obvious to one ordinary skill in the art, at the time before the effective filing date of the claimed invention, to modify SILZEL to include adjusting dimensions/axis of the data set(s)/plot(s)/graph(s).
One of ordinary skill in the art would have been motivated to modify SILZEL because it would be beneficial to user flexibility for purpose of displaying information. Further, it would be obvious to combine prior art elements according to known methods to yield predictable results, simply substitute one known element for another to obtain predictable results, use known techniques to improve similar devices in the same way, and/or apply a known technique to a known device ready for improvement to yield predictable results.
LUBMAN teaches ‘multi-phase protein separation methods capable of resolving and characterizing large numbers of cellular proteins, including methods for efficiently facilitating the transfer of protein samples between separation phases. In particular, the present invention provides systems and methods for the differential display of protein samples from multiple cell types. The present invention thus provides improved methods for the analysis of multiple samples containing large numbers of proteins’ and the BRI of:
one or more images of an isoelectric focusing of one or more analytes (See, e.g., ¶ 0022; See also, e.g., Fig(s). 9).
It would have been obvious to one ordinary skill in the art, at the time before the effective filing date of the claimed invention, to modify SILZEL to include one or more images of an isoelectric focusing of one or more analytes.
One of ordinary skill in the art would have been motivated to modify SILZEL because it would be beneficial to improve analysis of multiple samples containing large numbers of proteins. Further, it would be obvious to combine prior art elements according to known methods to yield predictable results, simply substitute one known element for another to obtain predictable results, use known techniques to improve similar devices in the same way, and/or apply a known technique to a known device ready for improvement to yield predictable results.
With respect to Claim(s) 25, SILZEL teaches ‘extracting CIEF-MS profiles form m/z versus time arrays’ and the BRI of:
A computer-implemented method (See, e.g., Fig(s). 1)
for
displaying and/or comparing imaged capillary isoelectric focusing (iCIEF) and mass spectrometric (MS) data for one or more analytes (See, e.g., ¶ 0004-006, 0062-0099; See also, e.g., Fig(s). 1-7),
the method comprising:
converting, with one or more computing devices, each mass spectrum from a first data set to a second data set that comprises a deconvoluted mass signal intensity as a function of mass with respect to time for one or more analytes, wherein the first data set comprises a plurality of mass spectra, and wherein each mass spectrum provides an ion signal intensity as a function of mass- to-charge ratio with respect to time for the one or more analytes (See, e.g., ¶ 0004-006, 0062-0099; See also, e.g., Fig(s). 1-7);
and
generating, with the one or more computing devices, at least one integrated plot of the second data set and a third data set corresponding to isoelectric point (pI), the third data set comprises one or more data of an isoelectric focusing of one or more analytes, wherein each data corresponds to a signal intensity at a position and/or time, and wherein the position and/or time corresponds to at least one isoelectric point (pI) for the one or more analytes (See, e.g., ¶ 0004-006, 0062-0099; See also, e.g., Fig(s). 1-7);
and
displaying a visual representation of the mapped data (See, e.g., ¶ 0004-006, 0062-0099; See also, e.g., Fig(s). 1-7).
However, SILZEL is lacking the explicit language of:
adjusting dimensions of the second data set and a third data set;
one or more images of an isoelectric focusing of one or more analytes.
KIL teaches ‘graphical user-interactive analysis of data, including in particular, mass spectrographic data analysis, as well as methods and software for generating and using such. One aspect provides user-customizable reports, including methods and apparatuses for generating customizable pivot tables and graphs specific to mass spectrographic data’ and the BRI of:
adjusting dimensions/axis of the data set(s)/plot(s)/graph(s) (See, e.g., ¶ 0011, 0012, 0015, 0084, 0087, 0088).
It would have been obvious to one ordinary skill in the art, at the time before the effective filing date of the claimed invention, to modify SILZEL to include adjusting dimensions/axis of the data set(s)/plot(s)/graph(s).
One of ordinary skill in the art would have been motivated to modify SILZEL because it would be beneficial to user flexibility for purpose of displaying information. Further, it would be obvious to combine prior art elements according to known methods to yield predictable results, simply substitute one known element for another to obtain predictable results, use known techniques to improve similar devices in the same way, and/or apply a known technique to a known device ready for improvement to yield predictable results.
LUBMAN teaches ‘multi-phase protein separation methods capable of resolving and characterizing large numbers of cellular proteins, including methods for efficiently facilitating the transfer of protein samples between separation phases. In particular, the present invention provides systems and methods for the differential display of protein samples from multiple cell types. The present invention thus provides improved methods for the analysis of multiple samples containing large numbers of proteins’ and the BRI of:
one or more images of an isoelectric focusing of one or more analytes (See, e.g., ¶ 0022; See also, e.g., Fig(s). 9).
It would have been obvious to one ordinary skill in the art, at the time before the effective filing date of the claimed invention, to modify SILZEL to include one or more images of an isoelectric focusing of one or more analytes.
One of ordinary skill in the art would have been motivated to modify SILZEL because it would be beneficial to improve analysis of multiple samples containing large numbers of proteins. Further, it would be obvious to combine prior art elements according to known methods to yield predictable results, simply substitute one known element for another to obtain predictable results, use known techniques to improve similar devices in the same way, and/or apply a known technique to a known device ready for improvement to yield predictable results.
With respect to Claim(s) 5, 49, the cited reference(s) of the parent claim(s) teaches the BRI of the parent claim(s).
LUBMAN teaches the BRI of:
one or a plurality of images.
SILZEL further teaches the BRI of:
the third data set further comprises
one or a plurality of data of one or more isoelectric focused analytes or a mobilization of the one or more analytes after isoelectric focusing is completed (See, e.g., ¶ 0004-006, 0062-0099; See also, e.g., Fig(s). 1-7).
With respect to Claim(s) 9, the cited reference(s) of the parent claim(s) teaches the BRI of the parent claim(s).
KIL further teaches the BRI of:
an extracted chronogram is generated from the second data set or the second data set is normalized prior to integrating the second data set with the third data set (See, e.g., ¶ 0025, 0081; See also, e.g., Fig(s). 7).
It would have been obvious to one ordinary skill in the art, at the time before the effective filing date of the claimed invention, to modify SILZEL to include an extracted chronogram is generated from the second data set or the second data set is normalized prior to integrating the second data set with the third data set.
One of ordinary skill in the art would have been motivated to modify SILZEL because it would be beneficial to user flexibility for purpose of displaying information. Further, it would be obvious to combine prior art elements according to known methods to yield predictable results, simply substitute one known element for another to obtain predictable results, use known techniques to improve similar devices in the same way, and/or apply a known technique to a known device ready for improvement to yield predictable results.
With respect to Claim(s) 12, the cited reference(s) of the parent claim(s) teaches the BRI of the parent claim(s).
SILZEL further teaches the BRI of:
at least one peak in the third data set is mapped to at least one peak in the second data set and/or at least one proteoform of the one or more analytes is quantified (See, e.g., ¶ 0004-006, 0062-0099; See also, e.g., Fig(s). 1-7).
With respect to Claim(s) 14, 35, the cited reference(s) of the parent claim(s) teaches the BRI of the parent claim(s).
SILZEL further teaches the BRI of:
the at least one integrated plot is a pI and mass resolved intensity plot or shows deconvoluted masses as a function of pI domains (See, e.g., ¶ 0071).
With respect to Claim(s) 16, 37, the cited reference(s) of the parent claim(s) teaches the BRI of the parent claim(s).
SILZEL further teaches the BRI of:
for a given mass, an identity of the one or more analytes in the pI and mass resolved intensity plot is determined using a processor (See, e.g., ¶ 0019, 0020, 0023, 0027).
With respect to Claim(s) 17, 38, the cited reference(s) of the parent claim(s) teaches the BRI of the parent claim(s).
SILZEL teaches the BRI of:
the at least one integrated plot
LUBMAN further teaches the BRI of:
the one or more analytes comprise different protein isoforms, the protein isoforms comprise different post-translational modifications of a protein, and assign a post-translational modification to the one or more analytes (See, e.g., ¶ 0004, 0005, 0052, 0119).
It would have been obvious to one ordinary skill in the art, at the time before the effective filing date of the claimed invention, to modify SILZEL to include the one or more analytes comprise different protein isoforms, the protein isoforms comprise different post-translational modifications of a protein, and assign a post-translational modification to the one or more analytes.
One of ordinary skill in the art would have been motivated to modify SILZEL because it would be beneficial to improve analysis of multiple samples containing large numbers of proteins. Further, it would be obvious to combine prior art elements according to known methods to yield predictable results, simply substitute one known element for another to obtain predictable results, use known techniques to improve similar devices in the same way, and/or apply a known technique to a known device ready for improvement to yield predictable results.
With respect to Claim(s) 26, the cited reference(s) of the parent claim(s) teaches the BRI of the parent claim(s).
KIL further teaches the BRI of:
prior to generating an integrated plot, the third data set is manipulated relative to a time resolved axis of the first data set by a user (See, e.g., ¶ 0011, 0012, 0015, 0084, 0087, 0088).
It would have been obvious to one ordinary skill in the art, at the time before the effective filing date of the claimed invention, to modify SILZEL to include prior to generating an integrated plot, the third data set is manipulated relative to a time resolved axis of the first data set by a user.
One of ordinary skill in the art would have been motivated to modify SILZEL because it would be beneficial to user flexibility for purpose of displaying information. Further, it would be obvious to combine prior art elements according to known methods to yield predictable results, simply substitute one known element for another to obtain predictable results, use known techniques to improve similar devices in the same way, and/or apply a known technique to a known device ready for improvement to yield predictable results.
With respect to Claim(s) 27, the cited reference(s) of the parent claim(s) teaches the BRI of the parent claim(s).
KIL further teaches the BRI of:
the manipulation is selected from the group consisting of compressing, moving, stretching, growing, shrinking, splitting, translating, zooming, and merging (See, e.g., ¶ 0082), or the method is used to generate a non-linear correlation between the third data set and the second data set.
It would have been obvious to one ordinary skill in the art, at the time before the effective filing date of the claimed invention, to modify SILZEL to include the manipulation is selected from the group consisting of compressing, moving, stretching, growing, shrinking, splitting, translating, zooming, and merging.
One of ordinary skill in the art would have been motivated to modify SILZEL because it would be beneficial to user flexibility for purpose of displaying information. Further, it would be obvious to combine prior art elements according to known methods to yield predictable results, simply substitute one known element for another to obtain predictable results, use known techniques to improve similar devices in the same way, and/or apply a known technique to a known device ready for improvement to yield predictable results.
With respect to Claim(s) 28, the cited reference(s) of the parent claim(s) teaches the BRI of the parent claim(s).
SILZEL further teaches the BRI of:
the time resolved axis comprises at least one anchor point, the third data set is manipulated around the at least one anchor point, and the anchor point is a time-pI anchor point (See, e.g., ¶ 0004-006, 0062-0099; See also, e.g., Fig(s). 1-7).
Claim(s) 6, 22, 49 is/are rejected under 35 U.S.C. 103 as being unpatentable over the cited reference(s) of the parent claim(s) in view of HERR ET AL. (US 20180217094 A1) (hereinafter “HERR”).
With respect to Claim(s) 6, the cited reference(s) of the parent claim(s) teaches the BRI of the parent claim(s).
However, SILZEL is lacking the explicit language of:
the third data set comprises
one or a plurality of images acquired at a frame rate of at least one image per about 10 minutes, per about 6.5 minutes, or per about 5 minutes.
HERR teaches ‘Isoelectric focusing devices configured for multiplex separation of sample components of interest in a polymeric separation medium are provided. Also provided are methods of using the devices as well as systems and kits that include the devices. The devices, systems and methods find use in a variety of different applications, including diagnostic and validation assays’ and the BRI of:
one or a plurality of images acquired at a frame rate of at least one image per about 10 minutes, per about 6.5 minutes, or per about 5 minutes (See, e.g., ¶ 0036; See also, e.g., Fig(s). 8).
It would have been obvious to one ordinary skill in the art, at the time before the effective filing date of the claimed invention, to modify SILZEL to include one or a plurality of images acquired at a frame rate of at least one image per about 10 minutes, per about 6.5 minutes, or per about 5 minutes.
One of ordinary skill in the art would have been motivated to modify SILZEL because it would be beneficial to improve a variety of different applications, including diagnostic and validation assays. Further, it would be obvious to combine prior art elements according to known methods to yield predictable results, simply substitute one known element for another to obtain predictable results, use known techniques to improve similar devices in the same way, and/or apply a known technique to a known device ready for improvement to yield predictable results.
With respect to Claim(s) 22, 49, the cited reference(s) of the parent claim(s) teaches the BRI of the parent claim(s).
HERR further teaches the BRI of:
performing the isoelectric focusing, the mobilization, and electrospray ionization mass spectrometry using a single, integrated microfluidic device coupled to a mass spectrometer to obtain the first data set and the third data set (See, e.g., ¶ 0032, 0053, 0087, 0167, 0171, 0174, 0188, 0191, 0192, 0211, 0233, 0276).
It would have been obvious to one ordinary skill in the art, at the time before the effective filing date of the claimed invention, to modify SILZEL to include performing the isoelectric focusing, the mobilization, and electrospray ionization mass spectrometry using a single, integrated microfluidic device coupled to a mass spectrometer to obtain the first data set and the third data set.
One of ordinary skill in the art would have been motivated to modify SILZEL because it would be beneficial to improve a variety of different applications, including diagnostic and validation assays. Further, it would be obvious to combine prior art elements according to known methods to yield predictable results, simply substitute one known element for another to obtain predictable results, use known techniques to improve similar devices in the same way, and/or apply a known technique to a known device ready for improvement to yield predictable results.
Claim(s) 43 is/are rejected under 35 U.S.C. 103 as being unpatentable over the cited reference(s) of the parent claim(s) in view of HOU ET AL. (US 10001897 B2) (hereinafter “HOU”).
With respect to Claim(s) 43, the cited reference(s) of the parent claim(s) teaches the BRI of the parent claim(s).
However, SILZEL is lacking the explicit language of:
displaying a crosshair display overlay on the third data set, the second data set, and/or the at least one integrated plot, and a user can specify a point of interest using the crosshair display.
HOU teaches ‘Data visualizations may include a large number of data points, some of which may be small, and/or data points that are in close proximity to one another. To assist a user in accurately selecting a desired data point, when displaying a data visualization, a magnification area is simultaneously displayed. The magnification area includes a zoomed-in view of a portion of the data visualization, centered at a current location indicated by a selection device. The magnification area also includes centered vertical and horizontal crosshairs to visually indicate the current location indicated by the selection device’ and the BRI of:
displaying a crosshair display overlay on the data set, and/or the at least one integrated plot, and a user can specify a point of interest using the crosshair display (See, e.g., ¶ ABSTRACT).
It would have been obvious to one ordinary skill in the art, at the time before the effective filing date of the claimed invention, to modify SILZEL to include displaying a crosshair display overlay on the data set, and/or the at least one integrated plot, and a user can specify a point of interest using the crosshair display.
One of ordinary skill in the art would have been motivated to modify SILZEL because it would be beneficial to improve data visualization. Further, it would be obvious to combine prior art elements according to known methods to yield predictable results, simply substitute one known element for another to obtain predictable results, use known techniques to improve similar devices in the same way, and/or apply a known technique to a known device ready for improvement to yield predictable results.
Claim(s) 45 is/are rejected under 35 U.S.C. 103 as being unpatentable over the cited reference(s) of the parent claim(s) in view of BELL ET AL. (US 20070250789 A1) (hereinafter “BELL”).
With respect to Claim(s) 45, the cited reference(s) of the parent claim(s) teaches the BRI of the parent claim(s).
However, SILZEL is lacking the explicit language of:
displaying an overlay of at least a first integrated plot on at least a second integrated plot, and generating a ratio, difference, or offset between the first integrated plot and the second integrated plot is generated.
BELL teaches ‘A method for displaying graphical data includes displaying a first graph of a first data set, receiving a first open drag command indicative of a first handle position on the first graph, positioning a first handle on the first graph based on a first close drag command and receiving a first positioning location. The method further includes receiving a second open drag command indicative of a second handle position on the first graph, positioning a second handle on the first graph based on a second close drag command, receiving a second positioning location signal based on the positioning of the second handle, determining a second data set based on the first positioning location signal and second positioning location signal, and displaying a second graph of the second data set, wherein the first graph and second graph are concurrently displayed in a graph window’ and the BRI of:
displaying an overlay of at least a first integrated plot on at least a second integrated plot, and generating a ratio, difference, or offset between the first integrated plot and the second integrated plot is generated (See, e.g., ¶ 0043, 0074, ; See also, e.g., Fig(s). 6).
It would have been obvious to one ordinary skill in the art, at the time before the effective filing date of the claimed invention, to modify SILZEL to include displaying an overlay of at least a first integrated plot on at least a second integrated plot, and generating a ratio, difference, or offset between the first integrated plot and the second integrated plot is generated.
One of ordinary skill in the art would have been motivated to modify SILZEL because it would be beneficial to improve displaying graphical data. Further, it would be obvious to combine prior art elements according to known methods to yield predictable results, simply substitute one known element for another to obtain predictable results, use known techniques to improve similar devices in the same way, and/or apply a known technique to a known device ready for improvement to yield predictable results.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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
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