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 .
Response to Amendment
Receipt is acknowledged of applicant’s amendment filed on 7/24/26. Claims 1, 2, 4, 7, 8 amended. Claims 3 and 5 canceled. Claims 1, 2, 4, 6-8 are pending and an action on the merits is as follows.
Claim Rejections - 35 USC § 103
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, 2, 4, 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Paradise et al. US Publication No. 20240331414 in view of Falmouth EP 1726362 A1.
Re Claim 1, Paradise discloses a system for reading radio frequency identification tags associated with in-vitro fertilization samples comprising:
a grooved viewing area positioned under a microscope in a laminar hood (P196; Fig. 14 ) , wherein the grooved viewing area (Fig. 14) is adapted for viewing a radio frequency identification tagged in- vitro fertilization sample, wherein the in-vitro fertilization sample comprises at least one biological sample selected from a group consisting of sperm, oocyte, and embryo for an in-vitro fertilization process (Abstract , P9, P84, P85, P111, P118, P196
wherein the grooved viewing area (Fig. 14, ) comprises:
a zone adapted to accommodate a transparent glass (448) plate in a parallel arrangement and a cultural dish supported on the transparent glass plate, wherein the cultural dish contains the radio frequency identification tagged in-vitro fertilization sample and carries the radio frequency identification tag, and wherein the transparent glass plate facilitates visual observation of the in-vitro fertilization sample through the microscope during scanning of the radio frequency identification tag (P111, P167-P168, P193; Fig. 14);
plane surrounding the grooved viewing area (Fig. 14), wherein the plane is adapted to establish an environment for radio frequency identification tag scanning, wherein the environment is free from contaminants, interference, and external factors that affect the radio frequency identification tag scanning; and a radio frequency identification tag reader is positioned in proximity to the grooved viewing area on the laminar plane, wherein the radio frequency identification tag reader is adapted (Fig. 14) to:
connect to an antenna through a wired connection, wherein the antenna is directly incorporated into the grooved viewing area and positioned within groove of the grooved viewing area and beneath the transparent glass plate, wherein the antenna is configured to scan the radio frequency identification tag placed on the transparent glass plate in the laminar hood under the microscope to capture radio frequency identification tag data P111, P167-P168, P193; Fig. 14);
send a signal through the antenna to generate an electromagnetic field that powers the radio frequency identification tag within a range of the antenna, and receive stored predefined data returned by the radio frequency identification tag; and scan the radio frequency identification tagged in-vitro fertilization sample regardless of the orientation and placement of the radio frequency identification tags thereby, ensuring capturing and tracking of the radio frequency identification tag associated with the in-vitro fertilization sample (P111, P167-P168, P193; Fig. 14) .
Paradise fails to disclose a metallic laminar plane and that the metallic laminar plane surrounding the groove.
However, Falmouth discloses a metallic laminar plane and that the metallic laminar pl surrounding the groove (P20-21).
Given the teachings of Falmouth it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Paradise with a metallic laminar plane and that the metallic laminar plane surrounding the groove.
Doing so would provide a high initial permeability (P20).
Re Claim 2, Paradise and Falmouth discloses the system as claimed in claim 1, and Paradise discloses wherein the radio frequency identification tag stores predefined data to indicate a unique identity of the biological sample (P111, P53,)) .
Re Claim 4, Paradise and Falmouth discloses the system as claimed in claim 1, and Falmouth discloses wherein the metallic laminar plane is selectively heated or non-heated (P5).
Re Claim 6, Paradise and Falmouth discloses the system as claimed in claim 1, and Paradise discloses comprising a database operatively coupled to the radio frequency identification tag reader, wherein the database is configured to store captured radio frequency identification tag data with at least one in-vitro fertilization sample (P111, P116, P53) .
Re Claim 7, Paradise and Falmouth discloses the system as claimed in claim 1, and Paradise discloses comprising a display module (430, 730, 830, 940) connected to the radio frequency identification tag reader, wherein the display module is configured for real-time visualization of radio frequency identification tag data (Figs . 14-19).
Re Claim 8, Paradise discloses a method for reading radio frequency identification tags associated with in-vitro fertilization samples comprising:
viewing, through a microscope positioned over a grooved viewing area in a laminar hood, a radio frequency identification tagged in-vitro fertilization sample, wherein the in-vitro fertilization sample comprises at least one biological sample selected from a group consisting of sperm, oocyte, and embryo for an in-vitro fertilization process(Abstract , P9, P84, P85, P111, P118, P196 ); ,accommodating, by a zone of the grooved viewing area, a transparent glass plate in a parallel arrangement and placing, on the transparent glass plate, a culture dish containing the radio frequency identification tagged in-vitro fertilization sample and carrying the radio frequency identification tag;
visually observing the in-vitro fertilization sample through the microscope during scanning of the radio frequency identification tag; establishing, by a plane surrounding the grooved viewing area (Fig. 14) , an environment for radio frequency identification tag scanning, wherein the environment is free from contaminants, interference, and external factors that affect the radio frequency identification tag scanning(Abstract , P9, P84, P85, P111, P118, P196 ; generating, by an antenna, the radio frequency identification tag placed on the transparent glass plate (448) in the laminar hood under the microscope to capture radio frequency identification tag data, wherein the antenna is directly incorporated into the grooved viewing area and positioned within groove of the grooved viewing area and beneath the transparent glass (448) plate and connected to a radio frequency identification tag reader through a wired connection, wherein the scanning comprises generating, by the antenna, an electromagnetic field that powers the radio frequency identification tag within a range of the antenna and receiving, by the radio frequency identification tag reader, stored predefined data returned by the radio frequency identification tag; and scanning, by the radio frequency identification tag reader, the radio frequency identification tagged in-vitro fertilization sample regardless of the orientation and placement of the radio frequency identification tag, thereby ensuring capturing and tracking of the radio frequency identification tag associated with the in-vitro fertilization sample(P111, P167-P168, P193; Fig. 14).
Paradise fails to disclose a metallic laminar plane and that the metallic laminar pl surrounding the groove.
However, Falmouth discloses a metallic laminar plane and that the metallic laminar pl surrounding the groove (P20-21).
Given the teachings of Falmouth it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Paradise with a metallic laminar plane and that the metallic laminar plane surrounding the groove.
Doing so would provide a high initial permeability (P20).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 7 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant amended the claims with new limitations which necessitated new search and consideration.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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SONJI N. JOHNSON
Examiner
Art Unit 2876
/SONJI N JOHNSON/Primary Examiner, Art Unit 2876
