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 .
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 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.
DETAILED ACTION
Preliminary Amendment
Preliminary Amendment filed on 04/17/2024 noted by the examiner, claims 1-15 are pending.
Claim Rejections - 35 USC § 112
2. 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.
Claims 4, 15, 2, 6, 7, 13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 4, 15, 2, 6, 7, 13 the terms “optionally” “preferably“ “precision” “for example” are vague and a relative term that renders the claim indefinite. The terms “optionally” “preferably“ “precision” “for example” are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably appraised of the scope of the invention. An artisan doing measuring and testing would not know at what point “optionally” “preferably“ “precision” “for example” within the scope of the claim had been accomplished because nothing within the disclosure establishes when a sufficient “optionally” “preferably“ “precision” “for example” occur.
Note: In view of the PTO compact prosecution, the Examiner notes that due to the indefiniteness issues described above all consideration of the merits of the claims in view of prior art is as best understood.
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.
Claims 1-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim 1, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to a pipette calibration managing system (PCMS) for managing the calibration of pipettes belonging to a pipette pool of a PCMS customer, the pipette calibration managing system comprising: receiving a pipette ID number identifying a pipette of the pipette pool, generating calibration order data containing a calibration order ID number and said pipette ID number,
providing the calibration order data to be transferred to a calibration service provider, the PCMS managing application being configured to receive calibration data from the calibration service provider via an external data network, in particular the Internet, and the PCMS database being configured to store the calibration data, which thereby form at least a part of the PCMS data,
the calibration data containing the pipette ID number of said pipette and/or the calibration order ID number, and the calibration data containing calibration reporting data, which contain calibration status data and/or a calibration certificate, the calibration status data containing the information if a calibration of said pipette was successfully performed by the calibration service provider, the calibration certificate containing the information certifying the authenticity of a successful calibration of the pipette, wherein the client application is configured to perform the following steps: communicate with the PCMS managing application, access the PCMS database, receive the calibration reporting data in dependence on the pipette ID number and/or the calibration order ID number appears is an abstract idea of mental process (MPEP 2106.04(a)) or data gathering equivalent to mathematical concept or mathematical manipulation function (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), (OR Mathematical Concepts and Mental Processes) Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? the additional elements of a PCMS managing application to be hosted by the PCMS customer and to be run by a PCMS host server, which is accessible for clients via a data network and is configured for managing the access of the clients to PCMS data contained in a PCMS database stored in a PCMS data storage being located on a premises of the PCMS customer are recited at a high level of generality and merely amount to a particular field of use (see MPEP 2106.05(h)) and/or insignificant post-solution activity (MPEP 2106.05(g)), this does not integrate the Judicial Exception into a practical application,
Step 2A Prong Two: NO.
Step 2B, Does the claim recite additional element that amount to significantly more than the Judicial exception? the additional elements of a client application to be run by a client computer and configured to communicate with the PCMS managing application via the data network, a calibration ordering software configured for appears to be field of use (See MPEP 2106.05(h) and MPEP 2106.05(f)) and/or merely amounts to insignificant extra-solution output of the results (see MPEP 2106.05(g)) and therefore fails to integrate the abstract idea into a practical application or amount to significantly more. Step 2B: No. claim 1 not eligible.
Claim 2 related to wherein the calibration ordering software is configured for " receiving a user ID number of a user belonging to the PCMS customer,the calibration order data containing also said user ID number, and wherein, preferably, the client application is configured to perform the following step:* receive the calibration reporting data in dependence on a user ID number, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 2 not eligible.
Claim 3 related to : a calibration service managing software to be hosted by a calibration service provider server and configured to * receive the calibration order data from the calibration ordering computer via a data network, in particular the Internet, " output the calibration order data for initiating the calibration of said pipette to be performed manually or automatically by the calibration service provider, " providing the calibration data, " transferring the calibration data to the PCMS database, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 3 not eligible.
Claim 4 related to comprises one or more or all of the following hardware:" the PCMS host server and the PCMS data storage , both being located on the premises of the PCMS customer, " the client computer, in particular being located on the premises of the customer, and connected to the data network, and " the calibration ordering computer , in particular being located on the premises of the customer, for running the calibration ordering software ; " and optionally: the calibration service provider server being located on a premises of the calibration service provider, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 4 not eligible.
Claim 5 related to one or more or all of the following hardware:" at least one calibration equipment , which is configured to at least contribute in performing the processes required for calibration or is configured to perform the calibration, and/or " at least one computer device configured to exchange data with the at least one calibration equipment and/or control the at least one calibration equipment, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 5 not eligible.
Claim 6 related to wherein the at least one calibration equipment includes " a precision balance suitable, preferably configured to measure the weight of volumes, which are relevant for the respective pipette to be calibrated," a climate control chamber, which is preferably capable to accommodate the precision weight and/or which is preferably conditioned to standardized climate values, regarding a standardized temperature, and/or a standardized humidity,and/or a standardized gaseous composition of the surrounding air, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 6 not eligible.
Claim 7 related to wherein the at least one calibration equipment , in particular a calibration software running on the calibration equipment, is configured to exchange data, in particular calibration data, with the PCMS, in particular with the PCMS managing application and/or the PCMS database, wherein said data exchange is preferably automatically and substantially immediately initiated after a calibration of a pipette is finished, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 7 not eligible.
Claim 8 related to wherein the PCMS , in particular the client computer, the calibration ordering computer , and/or the calibration service provider server , and/or the calibration equipment , contains a reader for reading information from an information carrier , which is in particular attached to a pipette , and to enter data, which are derived from said information as read by the reader, into the PCMS , in particular for being used by a software of the PCMS, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 8 not eligible.
Claim 9 related to wherein the calibration service managing software and/or the PCMS managing application and/or the client application is/are configured to set, and/or output to the user, a renewal period of a pipette , or generally of all pipettes in the pool, the renewal period being the period between the date of a previously completed calibration and the date of a scheduled future calibration of a pipette, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 9 not eligible.
Claim 10 related to wherein the calibration service managing software and/or the PCMS managing application and/or the client application may be configured to output in a display, or respectively in an output screen of a GUI, one or more or all of the following informations to the user:- an information about the renewal period of a pipette, or generally of all pipettes; - the ending date of the renewal period of a pipette, or generally of all pipettes, in particular regarding a specific user ID number - the date of the most recent calibration of a pipette, or generally of all pipettes, in particular regarding a specific user ID number, in particular more or all dated of calibration of said pipette, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 10 not eligible.
Claim 11 related to wherein the PCMS, in particular one of its software components, in particular the calibration service managing software and/or the PCMS managing application and/or the client application may be configured to evaluate and/or output to the user the renewal status of a pipette, which means that it is evaluated, and output, if needed, if a pipette, or respectively each pipette, at the current day of the evaluation:- first case (1; "normal phase") lies within the renewal period of the respective pipette, and/or - second case (2; "reminder phase") if the pipette, or respectively each pipette, is currently situated within a reminding period within the renewal period of the pipette, the reminding period ending with the end date of the renewal period. The reminding period may be set by a user, and may be 4 weeks by default, and/or - third case (3; "overdue phase") is situated after the renewal period of the pipette, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 11 not eligible.
Claim 12 related to wherein the PCMS, in particular one of its software components, in particular the calibration service managing software and/or the PCMS managing application and/or the client application may be configured to graphically indicate the renewal status of one or more or all pipettes, in particular regarding a specific user ID number, to a user by outputting a graphical representation, in particular next to the pipette ID number of the one or more or all pipettes, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 12 not eligible.
Claim 13 related to wherein the graphical representation follows a color coding for the renewal status, for example applying the logic of traffic lights, wheren a first color, e.g. "green", refers to the "normal phase", a second color, e.g. "yellow", refers to the reminder phase, and a third color, e.g. "red", refers to the overdue phase of the renewal status, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 13 not eligible.
Claim 14 related to wherein the client computer is a handheld computer device, in particular a mobile phone or a tablet PC, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 14 not eligible.
Claim 15 related to the steps:- optionally: receiving a user ID number of a user, who belongs to the PCMS customer, using the calibration ordering software, - receiving a pipette ID number identifying a pipette of the pipette pool, using the calibration ordering software, - generating calibration order data using the calibration ordering software, - providing the calibration order data to be transferred to a calibration service provider, in particular via the Internet, - receive and store calibration data from the calibration service provider via an external data network, in particular the Internet, in the PCMS database, the calibration data thereby forming at least a part of the PCMS data, - let a user, via the client application:- access the PCMS database, - receive the calibration reporting data in dependence on the pipette ID number and/or the calibration order ID number and/or the user ID number - optionally: output the calibration reporting data to the user, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 15 not eligible.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-15 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Bohnsack, US Patent Application Publication 2019/0107548, Date Published: 2019-04-11.
Regarding claim 1:
Bohnsack described a pipette calibration managing system (PCMS) for managing the calibration of pipettes belonging to a pipette pool of a PCMS customer,the pipette calibration managing system comprising:
a PCMS managing application to be hosted by the PCMS customer and to be run by a PCMS host server, which is accessible for clients via a data network (0089, server stack and application and drop it into place on their network) and is configured for managing the access of the clients to PCMS data contained in a PCMS database stored in a PCMS data storage being located on a premises of the PCMS customer (abstract, 0033, RFID customer, 0035, end user, 0036, Pipette Services),
a client application to be run by a client computer and configured to communicate with the PCMS managing application via the data network (end user, 0036, Pipette Services),
a calibration ordering software configured for (0037, 0076, Online Ordering)
receiving a pipette ID number identifying a pipette of the pipette pool,
generating calibration order data containing a calibration order ID number and said pipette ID number (0087, RFID of customer),
providing the calibration order data to be transferred to a calibration service provider (0087, The database 130 also includes laboratory personnel information for the purpose of training, competency assessments, and for active use permissions of appropriately enabled devices (smart pipettes, electronic pipettes, and ALHS),
the PCMS managing application being configured to receive calibration data from the calibration service provider via an external data network, in particular the Internet, and the PCMS database being configured to store the calibration data, which thereby form at least a part of the PCMS data,
the calibration data containing the pipette ID number of said pipette and/or the calibration order ID number, and the calibration data containing calibration reporting data, which contain calibration status data and/or a calibration certificate, the calibration status data containing the information if a calibration of said pipette was successfully performed by the calibration service provider (0090, Control access to calibration verification equipment based on training completion [0095] Require periodic refresher training [0096] Online training tutorials), the calibration certificate containing the information certifying the authenticity of a successful calibration of the pipette (0088, availability or downtime rate, performance, quality, calibration compliance, repair logistics, the traceability of the device population,),
wherein the client application is configured to perform the following steps:
communicate with the PCMS managing application,
access the PCMS database (0127-0128, database),
receive the calibration reporting data in dependence on the pipette ID number (0033, 0087, RFID tags) and/or the calibration order ID number.
Regarding claim 2, Bohnsack further described wherein the calibration ordering software is configured for " receiving a user ID number of a user belonging to the PCMS customer,the calibration order data containing also said user ID number (0033, 0087, RFID tags), and wherein, preferably, the client application is configured to perform the following step:* receive the calibration reporting data in dependence on a user ID number.
Regarding claim 3, Bohnsack further described a calibration service managing software to be hosted by a calibration service provider server and configured to receive the calibration order data from the calibration ordering computer via a data network, in particular the Internet (0021, internet connections.), output the calibration order data for initiating the calibration of said pipette to be performed manually or automatically by the calibration service provider, providing the calibration data, transferring the calibration data to the PCMS database (0032, automated liquid handling systems, 0034, calibrating the one or more liquid handlers and transmitting to the database information associated with the calibration).
Regarding claim 4, Bohnsack further described which comprises one or more or all of the following hardware:" the PCMS host server and the PCMS data storage (0021-0022, server 110 in a local area network), both being located on the premises of the PCMS customer, the client computer, in particular being located on the premises of the customer, and connected to the data network, and the calibration ordering computer , in particular being located on the premises of the customer, for running the calibration ordering software ; " and optionally: the calibration service provider server being located on a premises of the calibration service provider.
Regarding claim 5, Bohnsack further described which comprises one or more or all of the following hardware:" at least one calibration equipment , which is configured to at least contribute in performing the processes required for calibration or is configured to perform the calibration (0035, the system 200 for Maintenance and Repair include Calibration and Calibration Verification of liquid delivery devices with a variety of hardware), and/or " at least one computer device configured to exchange data with the at least one calibration equipment and/or control the at least one calibration equipment.
Regarding claim 6, Bohnsack further described wherein the at least one calibration equipment includes a precision balance suitable, preferably configured to measure the weight of volumes, which are relevant for the respective pipette to be calibrated (0035, calibrate, 0146, Measurements and Units (Volume in μL with cubic expansion coefficient), a climate control chamber, which is preferably capable to accommodate the precision weight and/or which is preferably conditioned to standardized climate values, regarding a standardized temperature, and/or a standardized humidity,and/or a standardized gaseous composition of the surrounding air.
Regarding claim 7, Bohnsack further described wherein the at least one calibration equipment , in particular a calibration software running on the calibration equipment, is configured to exchange data, in particular calibration data, with the PCMS, in particular with the PCMS managing application (0146, Triggers parts and maintenance orders in management services software [0187] Calibration, calibration verification, and interim performance verification data [0188] Calibration, calibration verification, or interim performance verification ID [0189]) and/or the PCMS database, wherein said data exchange is preferably automatically and substantially immediately initiated after a calibration of a pipette is finished.
Regarding claim 8, Bohnsack further described wherein the PCMS , in particular the client computer, the calibration ordering computer (0073, serve OQ and PQ validation at the customer site) , and/or the calibration service provider server , and/or the calibration equipment , contains a reader for reading information from an information carrier , which is in particular attached to a pipette , and to enter data, which are derived from said information as read by the reader, into the PCMS , in particular for being used by a software of the PCMS.
Regarding claim 9, Bohnsack further described wherein the calibration service managing software (0078, includes software to help optimize some ALHS based on, including, but not limited to a linear (y=mx+b) calibration process) and/or the PCMS managing application and/or the client application is/are configured to set, and/or output to the user, a renewal period of a pipette , or generally of all pipettes in the pool, the renewal period being the period between the date of a previously completed calibration and the date of a scheduled future calibration of a pipette .
Regarding claim 10, Bohnsack further described wherein the calibration service managing software (0078, includes software to help optimize some ALHS based on, including, but not limited to a linear (y=mx+b) calibration process) and/or the PCMS managing application and/or the client application may be configured to output in a display, or respectively in an output screen of a GUI, one or more or all of the following informations to the user:- an information about the renewal period of a pipette, or generally of all pipettes; - the ending date of the renewal period of a pipette, or generally of all pipettes, in particular regarding a specific user ID number - the date of the most recent calibration of a pipette, or generally of all pipettes, in particular regarding a specific user ID number, in particular more or all dated of calibration of said pipette.
Regarding claim 11, Bohnsack further described wherein the PCMS, in particular one of its software components, in particular the calibration service managing software (0078, includes software to help optimize some ALHS based on, including, but not limited to a linear (y=mx+b) calibration process) and/or the PCMS managing application and/or the client application may be configured to evaluate and/or output to the user the renewal status of a pipette, which means that it is evaluated, and output, if needed, if a pipette, or respectively each pipette, at the current day of the evaluation:- first case (1; "normal phase") lies within the renewal period of the respective pipette, and/or - second case (2; "reminder phase") if the pipette, or respectively each pipette, is currently situated within a reminding period within the renewal period of the pipette, the reminding period ending with the end date of the renewal period. The reminding period may be set by a user, and may be 4 weeks by default, and/or - third case (3; "overdue phase") is situated after the renewal period of the pipette.
Regarding claim 12, Bohnsack further described wherein the PCMS, in particular one of its software components, in particular the calibration service managing software (0078, includes software to help optimize some ALHS based on, including, but not limited to a linear (y=mx+b) calibration process) and/or the PCMS managing application and/or the client application may be configured to graphically indicate the renewal status of one or more or all pipettes, in particular regarding a specific user ID number, to a user by outputting a graphical representation, in particular next to the pipette ID number of the one or more or all pipettes.
Regarding claim 13, Bohnsack further described wherein the graphical representation follows a color coding for the renewal status (0259, Color coding for failing data), for example applying the logic of traffic lights, wheren a first color, e.g. "green", refers to the "normal phase", a second color, e.g. "yellow", refers to the reminder phase, and a third color, e.g. "red", refers to the overdue phase of the renewal status.
Regarding claim 14, Bohnsack further described wherein the client computer is a handheld computer device, in particular a mobile phone or a tablet PC (0089, The software includes applications for mobile devices and laptop computers connected to or disconnected from a network).
Regarding claim 15, Bohnsack further described comprising the steps:- optionally: receiving a user ID number of a user, who belongs to the PCMS customer, using the calibration ordering software, receiving a pipette ID number identifying a pipette of the pipette pool 0087, RFID of customer), using the calibration ordering software (0078, includes software to help optimize some ALHS based on, including, but not limited to a linear (y=mx+b) calibration process), generating calibration order data using the calibration ordering software (0388, purchase order management), providing the calibration order data to be transferred to a calibration service provider, in particular via the Internet (0021, internet connections.), receive and store calibration data from the calibration service provider via an external data network, in particular the Internet, in the PCMS database, the calibration data thereby forming at least a part of the PCMS data, let a user, via the client application:- access the PCMS database (0032, measurements with feedback to the database 130), receive the calibration reporting data in dependence on the pipette ID number ([0281] Cloud storage [0282] Updates [0283] Aggregate data for analysis [0284] News & Notes [0285] Software updates [0286] Software function permissions) and/or the calibration order ID number and/or the user ID number - optionally: output the calibration reporting data to the user.
Contact information
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tung Lau whose telephone number is (571)272-2274, email is Tungs.lau@uspto.gov. The examiner can normally be reached on Tuesday-Friday 7:00 AM-5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TURNER SHELBY, can be reached on 571-272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TUNG S LAU/Primary Examiner, Art Unit 2857
Technology Center 2800
July 30, 2026
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