DETAILED ACTION
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 .
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.
Claims 2, 8-9 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.
Claim 2 is unclear to the metes and bounds of the claim. It is unclear what "or box unload the vial from the cryogenic tank structure". Is the word "box" not supposed to be there? Is the vial in the tank to be delivered to the box and should read, "load the vial from the box into the cryogenic tank structure or unload the vial from the cryogenic tank structure into the box"?
Claim 8 is unclear to the metes and bounds of the claim. The claim recites "the box" but it is unclear if "the box" is the same or if its different boxes. Should it all be "a box" or a "first box" "second box". It appears from the claim that there are two boxes, one on the first working stage and another on the second working stage.
Claim 9 is unclear to the metes and bounds of the claim. The claim recites "boxes", then recites "the box". It is unclear if "the box" is the same box throughout or if it is different boxes. It appears from the claim that there are two boxes, one on the first working stage and another on the second working stage.
Allowable Subject Matter
Claims 1, 3-7 are allowed.
The following is an examiner’s statement of reasons for allowance: The present invention is directed to a moving structure for use with a cryogenic tank structure. Each independent claim identifies the uniquely distinct features "a second working stage positioned between the first working stage and the preparation part and configured to mount the box".
The closest prior art, Askion YouTube video, herein referred to as "Askion" (Askion BioBanking:"Automated cryogenic sample storage and handling - with subtitles - ASKION C-line(R) hermetic storage": URL:https://www.youtube.com/watch?v=AVtwJHeB3rM; published online on August 16, 2019, retrieved on 8/27/2026), either singularly or in combination, fail to anticipate or render the above limitations obvious. Askion teaches a moving structure (see screenshot at 0:07)
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The whole structure contains a "cryogenic tank structure" for storing boxes with samples. The system also contains a preparation part, the cradle to hold the box; and the system further contains configured to be movable along the z-axis and movable along the x-axis and the y-axis at a height higher than the preparation part, the first working stage and comprising a box gripper configured to grip the box (see screenshot at 1:35: box is positioned on the white platform (reads on preparation part), which becomes transferred to the storage space)
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The system contains a vial transfer part movable along the x, y and z directions at a height higher than the preparation part
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The system also contains a first working stage positioned at one side of the preparation part based on an x-axis and configured to mount the box(see screenshot at 1:32: the first working stage is shown on the left-hand side of the preparation part and represents the stage from where the box is taken).
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Askion is silent to a second working stage positioned between the first working stage and the preparation part and configured to mount the box.
Claim 9 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 2 and 8 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DENNIS MICHAEL WHITE whose telephone number is (571)270-3747. The examiner can normally be reached M-F 8:30am-5pm.
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, Maris R. Kessel can be reached at (571) 270-7698. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Dennis White/Primary Examiner, Art Unit 1758
Prosecution Insights