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 § 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) 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Lansdowne US Publication No. 2017/0087554 cited by applicant in view of LI, HAO CN Publication No. 219533800.
Re Claim 1, Lansdowne discloses a system for reading radio frequency identification tags associated with in-vitro fertilization samples comprising:
wherein the grooved viewing area is adapted for viewing a radio frequency identification tagged in-vitro fertilization sample (Abstract biological samples for in-vitro fertilization) , wherein in-vitro fertilization sample comprises at least one biological sample selected from a group consisting of sperm, oocyte, and embryo for in-vitro fertilization process (Abstract, P6, RFTD technology, in which sample vessels are codified by the application of write-on or printable adhesive labels having an RFTD tag permanently attached thereto or incorporated therein);
wherein the grooved viewing area comprises:
a zone adapted to accommodate a glass plate in a parallel arrangement for the radio frequency identification tagged in-vitro fertilization sample placement; a metallic laminar plane surrounding the grooved viewing area, wherein the metallic laminar plane (P13) 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 (P6, Figs. 1 and 2 samples vessels are codified by the application of write-on-or printable adhesive labels having an RFID placement tag permanently attached) ;
a radio frequency identification tag reader is positioned in proximity to the grooved viewing area on the metallic laminar plane, wherein radio frequency identification tag reader is adapted to: connect to an antenna through a wired connection, wherein the antenna is positioned within the groove of the viewing area and beneath the glass plate, wherein the antenna is configured to scan the radio frequency identification tag placed on the glass plate in the laminar hood to capture radio frequency identification tag data (P11, P13 the antenna forms part of an electrical circuit that is configured to optimize the reading of RFTD tags on or over the surface.);
and scan the radio frequency identification tagged in-vitro fertilization sample regardless of the orientation and placement of the radio frequency identification tags thereby ensure capturing and tracking of radio frequency identification tag associated with in-vitro fertilization sample (P13), and scan the radio frequency identification tagged in-vitro fertilization sample regardless of the orientation and placement of the radio frequency identification tags thereby ensure capturing and tracking of radio frequency identification tag associated with in-vitro fertilization sample (P13).
Lansdowne fails to disclose a grooved viewing area positioned under a microscope in a laminar hood, for viewing a radio frequency identification tagged in-vitro fertilization sample, wherein in-vitro fertilization sample comprises at least one biological sample.
LI HAO discloses a grooved viewing area positioned under a microscope in a laminar hood, for viewing a radio frequency identification tagged in-vitro fertilization sample, wherein in-vitro fertilization sample comprises at least one biological sample (Figs. 3 and 5, observations of RFID tag samples under a microscope).
Given the teachings of LI HAO 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 Lansdowne such that a grooved viewing area positioned under a microscope in a laminar hood, for viewing a radio frequency identification tagged in-vitro fertilization sample, wherein in-vitro fertilization sample comprises at least one biological sample since as suggested by LI HAO doing so improves the simplicity of the operation and it is good for ensuring the reliability of the sample result (Abstract).
Re Claim 2, Lansdowne and LI HAO discloses the system as claimed in claim 1, and Lansdowne discloses wherein radio frequency identification tag stores predefined data to indicate a unique identity of biological sample (See claims 1 and 3 identification code characteristic of the patient which the identification code is based on RFID technology, sample vessels being codified by the application of an RFTD tag).
Re Claim 3, Lansdowne and LI HAO discloses the system as claimed in claim 1, and Lansdowne discloses wherein the radio frequency identification tag is affixed to a location on a specialized container, wherein the specialized container is adapted to house the in-vitro fertilization sample (see claim 1).
Re Claim 4, Lansdowne and LI HAO discloses the system as claimed in claim 1, and Lansdowne discloses the metallic laminar plane is selectively heated or non-heated (P10, P13 and P14).
Re Claim 5, Lansdowne and LI HAO discloses the system as claimed in claim 1, and Lansdown discloses wherein the glass plate is transparent (P18, petri dish are conventionally clear) thereby facilitating visual observation of the radio frequency identification tagged in-vitro fertilization sample during scanning (P7).
Re Claim 6, Lansdowne and LI HAO discloses the system as claimed in claim 1, and Lansdown 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 (P7).
Re Claim 7, Lansdowne and LI HAO discloses the system as claimed in claim 1, and LI HAO discloses comprising a display module connected to the radio frequency identification tag reader, wherein the display module is configured to real-time visualization of radio frequency identification tag data (FIG. 1 and FIG. 3 again, in one embodiment, the box body 110 is provided with a display member 113, the display member 113 is electrically connected with the RFID antenna 1220, specifically, the display member 113 comprises a display screen, The display and other display elements capable of displaying the information of the RDIF tag read by the RFID antenna 1220. More specifically, the display 113 can display the sample information in each of the culture compartments 111 at the same time, such as: the patient name, medical history, sample placing time, culture start time, current culture stage, this stage predicted ending time and so on).
Re Claim 8, Lansdowne discloses a method for reading radio frequency identification tags associated with in-vitro fertilization samples comprising: viewing, by a grooved viewing area in a laminar hood, a radio frequency identification tagged in-vitro fertilization sample, wherein in-vitro fertilization sample comprises at least one biological sample selected from a group consisting of sperm, oocyte, and embryo for in-vitro fertilization process (Abstract, P6, RFTD technology, in which sample vessels are codified by the application of write-on or printable adhesive labels having an RFTD tag permanently attached thereto or incorporated therein);
characterized in that, accommodating, by a zone, a glass plate in a parallel arrangement for the radio frequency identification tagged in-vitro fertilization sample placement(P14, P18, P6, P13, Figs. 1 and 2);
establishing, by a metallic laminar plane, 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 (P6, Figs. 1 and 2 samples vessels are codified by the application of write-on-or printable adhesive labels having an RFID placement tag permanently attached);
scanning, by an antenna, the radio frequency identification tag placed on the glass plate in the laminar hood, wherein the antenna is positioned within the groove of the viewing area and beneath the glass plate and connected to a radio frequency identification tag reader through a wired connection; 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 tags thereby ensure capturing and tracking of radio frequency identification tag associated with in-vitro fertilization sample (P11, P13 the antenna forms part of an electrical circuit that is configured to optimize the reading of RFTD tags on or over the surface).
Lansdowne Fails to disclose scanning, by an antenna, the radio frequency identification tag placed on the glass plate in the laminar hood under the microscope to capture radio frequency identification tag data.
LI HAO discloses scanning, by an antenna, the radio frequency identification tag placed on the glass plate in the laminar hood under the microscope to capture radio frequency identification tag data (Figs. 3 and 5, observations of RFID tag samples under a microscope).
Given the teachings of LI HAO 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 Lansdowne such that scanning, by an antenna, the radio frequency identification tag placed on the glass plate in the laminar hood under the microscope to capture radio frequency identification tag data since as suggested by LI HAO doing so improves the simplicity of the operation and it is good for ensuring the reliability of the sample result (Abstract).
Conclusion
The following reference is cited but not relied upon:
Liang et al. discloses The RFID tag reading system, wherein: the biological sample includes at least one of sperm, oocyte and embryo for In-vitro fertilization (IVF); and the preset information stored in the RFID tag indicates a unique identity of the biological sample.
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SONJI N. JOHNSON
Examiner
Art Unit 2876
/SONJI N JOHNSON/ Primary Examiner, Art Unit 2876
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