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 1-14 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. Claims 1-14 each feature a plurality of antecedent basis issues that render the claim unclear to the Examiner. The following section will be how each issue will be treated by the Examiner. Additionally, the Examiner requests that the Applicant thoroughly proof-read their claims to align with proper antecedent basis.
Claim 1: An apparatus for controlled heating and/or drying a plurality of microscope slides, comprising: an enclosure (302) that houses [[the]] a plurality of components of the apparatus; a portal (304), attached to the enclosure (302), providing access to [[the]] a slide drying platform (309); a slide rack (307) to hold the plurality of microscope slides; a slide drying platform (309) having a plurality of shelves enabling to carry a plurality of slide racks simultaneously; a fan (312) mounted on the enclosure (302), to generate a fluid flow at [[the]] a required flow rate; an inlet vent (305) on the enclosure (302), for inflow of fluid; an outlet vent (306) on the enclosure (302), for outflow of fluid; a heating element (311) within the enclosure (302), to provide [[the]] a required temperature to the fluid flow; a partition (313) within the enclosure (302), that enables diffusion of the fluid flow; a controller (303) attached to the enclosure (302), enabling user control over various parameters of [[the]] a process [[;]] .
Claim 2: The apparatus of claim 1, wherein the enclosure (102) being insulated from an external environment prevents heat exchange with the external environment and enables to control [[the]] an internal environment of the apparatus (101) for heating and/or drying the plurality of microscope slides.
Claim 3: The apparatus of claim 1, wherein the plurality of slide racks (207) hold the plurality of microscope slides in a horizontal orientation, with minimum surface contact between the slide rack and the plurality of microscope slides throughout [[the]] a period of operation of the apparatus (101).
Claim 4: The apparatus of claim 1, wherein the slide drying platform (309) is stationary and holds the slide rack (307) and the plurality of microscope slides in a stationary position throughout [[the]] a period of operation of the apparatus (101).
Claim 5: The apparatus of claim 1, wherein the slide rack (307) and the slide drying platform (309) configured to dry the plurality of microscope slides carrying a plurality of specimens simultaneously within [[the]] a same period of time, irrespective of [[the]] a number of the microscope slides engaged in one operating cycle of the apparatus (101).
Claim 6: The apparatus of claim 1, wherein [[the]] a plurality of inlet vents (305) and a plurality of outlet vents (306) comprising of [[the]] a filter apparatus, enable flow of a clean fluid in the apparatus and prevent the contamination of the internal environment of the apparatus (101).
Claim 7: The apparatus of claim 1, wherein the controller (103) provides for [[the]] a user interface enabling [[the]] a user to define [[the]] a plurality of operating parameters including, without limitation, a temperature, a fluid flowrate, a humidity, a pressure, a time, etc.
Claim 8: The apparatus in claim 1, wherein [[the]] a user-controlled environment of the apparatus allows for automatically terminating [[the]] an operation when [[the]] a required result is achieved, which helps in reducing [[the]] a power consumption and manual interference.
Claim 9: The apparatus of claim 1, wherein the controller (103) provides for an alert system including, without limitation, a sound alarm, messages to a communication device, etc.to notify and/or warn [[the]] a user about [[the]] a status of the process and/or apparatus.
Claim 10: [[the]] A method for controlled heating and/or drying of a plurality of microscope slides, comprising: horizontal positioning of the plurality of microscope slides on [[the]] a slide rack (307), with minimum contact between the plurality of microscope slides and the slide rack (307); placement of the slide rack (307) on [[the]] a stationary slide drying platform (309), accessed through [[the]] a portal (304) of [[the]] a enclosure (302); selecting [[the]] a temperature, a fluid flow rate, a humidity, a time, etc. with help of [[the]] a controller (303), to obtain an optimum result according to [[the]] a composition of the plurality of microscope slides, a specimen on the slide, and a plurality of external conditions; allowing [[the]] a plurality of vents (305) of the enclosure to provide a filtered fresh and clean fluid flow into [[the]] a system, resulting in reduced humidity within the system and accelerated drying and/or heating of the plurality of microscope slides; allowing [[the]] a fluid to flow, at a user-defined temperature and a user-defined flow-rate, within the enclosure (302) to uniformly dry the plurality of microscope slides carrying specimens (308) by engaging both [[the]] a plurality of surfaces of the plurality of microscope slides with the flowing fluid.
Claim 11: The method of claim 10, wherein the fluid at the user-defined flow rate and temperature, achieves uniform heating and/or drying of the plurality of microscope slides simultaneously, without distorting [[the]] a morphology of the specimen or contaminating [[the]] a neighboring specimen within the system.
Claim 12: The method of claim 10, wherein [[the]] a temperature range [[the]] a user can define will depend on [[the]] a material composition of the plurality of microscope slides, the specimen on the slides, and [[the]] a plurality of components of an apparatus (10 1).
Claim 13: The method of claim 10, wherein the fluid flow rate may vary according to [[the]] a configuration of an apparatus (101), [[the]] a material and composition of the plurality of microscope slides, the specimen on the slides.
Claim 14: The method of claim 10, the plurality of microscope slides are dried in a controlled environment in less than 120 seconds, at lower temperatures and low fluid flow rates and gives consistent results for any number of microscope slides.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-5, 7, 8, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2020/0088750 (Reinhardt hereinafter).
Regarding claim 1, Reinhardt teaches a microscope slide drying system that discloses an enclosure that houses the components of the apparatus (Figures 2 and 3 with the enclosure 60); a portal, attached to the enclosure, providing access to the slide drying platform (Doorway for access between chambers 22/24/26/28/30 and the chamber for 38) ; a slide rack to hold the plurality of microscope slides (Slide tray 70/200 with individual slide racks formed by 208 in Figures 2 and 5); a slide drying platform having plurality of shelves enabling to carry plurality of slide racks simultaneously (Platform formed by the levels 62); a fan mounted on the enclosure (Fan as part of 306 per ¶ 120), to generate fluid flow at the required flow rate (Inherent of a heater/fan system with the control from 48); an inlet vent on the enclosure, for inflow of fluid (Broadest reasonable interpretation would have the inlet of the blower being on the enclosure); an outlet vent on the enclosure, for outflow of fluid (Broadest reasonable interpretation would have the outlet of the blower being on the enclosure); a heating element within the enclosure (¶ 120 with heater as part of 306), to provide the required temperature to the fluid flow (Inherent of the heater as controlled form 48); a partition within the enclosure, that enables diffusion of the fluid flow (Partition being the structure surrounding 306 in Figure 9A); a controller attached to the enclosure (48 in Figure 2), enabling user control over various parameters of the process (¶ 102, 129-137, 188-191, 264-275 with Figure 42).
Regarding claim 2, Reinhardt’s teachings are described above in claim 1 where Reinhardt further discloses that the enclosure being insulated from external environment prevents heat exchange with the surroundings and enables to control the internal environment of the device for heating and/or drying the plurality of microscope slides (Insulation provided the physical body 60 and the defined insulation 308 in Figure 9A for the drying oven 300).
Regarding claim 3, Reinhardt’s teachings are described above in claim 1 where Reinhardt further discloses that the slide racks hold the microscope slides in horizontal orientation (Evident from Figures 2 and 5), with minimum surface contact between the slide rack and the microscope slides throughout the period of operation of the device (Evident from Figure 5 with minimal contact points between the slides 210 in the tray 200).
Regarding claim 4, Reinhardt’s teachings are described above in claim 1 where Reinhardt further discloses that the slide drying platform is stationary and holds the slide rack and the microscope slides in stationary position throughout the period of operation of the device (Evident from Figures 2 and 5).
Regarding claim 5, Reinhardt’s teachings are described above in claim 1 where Reinhardt further discloses that the slide rack and slide drying platform configured to dry plurality of microscope slides carrying plurality of specimens simultaneously within the same period of time, irrespective of the number of the microscope slides engaged in one operating cycle of the device (Inherent of the operation of Reinhardt to uniformly tray a tray so as to not require separating any of the slides during the operation).
Regarding claim 7, Reinhardt’s teachings are described above in claim 1 where Reinhardt further discloses that the controller provides for the user interface enabling the user to define the operating parameters including, without limitation, temperature, fluid flowrate, humidity, pressure, time, etc. (¶ 129-137 discloses setting a temperature)
Regarding claim 8, Reinhardt’s teachings are described above in claim 1 where Reinhardt further discloses that the user-controlled environment of slide drying allows for automatically terminating the operation when the required result is achieved, which helps in reducing the power consumption and manual interference (Figure 24 shows the automation being used and the minimal/zero intervention of a user).
Regarding claim 9, Reinhardt’s teachings are described above in claim 1 where Reinhardt further discloses that the controller provides for an alert system including, without limitation, a sound alarm, messages to a communication device, etc.to notify and/or warn the user about the status of the process and/or device (¶ 75, 163, 202, 204, 247 and Figure 42).
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0088750 (Reinhardt) in view of US 576549 (Gao hereinafter).
Regarding claim 6, Reinhardt’s modified teachings are described above in claim 1 but are silent with respect to the inlet vents and outlet vents comprising of the filter apparatus, enable flow of clean fluid in the system and prevent the contamination of the internal environment of the device.
However, Gao teaches an apparatus for drying slides that discloses inlet vents and outlet vents comprising of the filter apparatus, enable flow of clean fluid in the system and prevent the contamination of the internal environment of the device (Figures 2-5 with Column 3 Lines 40-55 disclosing the air filter at the inlet and when combined with Reinhardt would teach the whole limitation).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the inlet of Reinhardt with the filter of Gao such that clean/filtered air is used to treat the microscope slides.
Claims 10, 11, 12, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0088750 (Reinhardt) in view of US 576549 (Gao) and further in view of US 2016/0282376 (Keller hereinafter).
Regarding claim 10, Reinhardt teaches a microscope slide cleaning system and method of operation that discloses horizontal positioning of plurality of microscope slides on the slide rack (Figures 2 and 5 with the slides 210 on the rack 208 of the tray 200), with minimum contact between the microscope slides and the slide rack (Evident from Figure 5 with minimal contact points between the slides 210 in the tray 200); placement of the slide rack on the stationary slide drying platform (Drying platform of levels 62 in Figure 2), accessed through the portal (Portals from 22/24/26/28/30/32) of the enclosure (Body 60); selecting the temperature, fluid flow rate, humidity, time, etc. with help of the controller (Control by 48 per ¶ 129-137 disclosing at least a temperature setting), to obtain optimum result according to the composition of the microscope slide, specimen on the slide, and external conditions (Inherent considerations); allowing the fluid to flow, at a user-defined temperature, within the enclosure to uniformly dry the microscope slides carrying specimens by engaging both the surfaces of the slides with the flowing fluid (Drying performed by dryer 300 in Figure 9A with heater/fan 306 and the tray 200 shown with the slides 210 having spaces above and below for the circulated air to travel by).
Reinhardt is silent with respect to allowing the vents of the enclosure to provide a filtered fresh and clean fluid flow into the system, resulting in reduced humidity within the system and accelerated drying and/or heating of the microscope slides.
However, Gao teaches an apparatus for drying slides that discloses allowing the vents of the enclosure to provide a filtered fresh and clean fluid flow into the system, resulting in reduced humidity within the system and accelerated drying and/or heating of the microscope slides (Figures 2-5 with Column 3 Lines 40-55 disclosing the air filter at the inlet and when combined with Reinhardt would teach the whole limitation).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the inlet of Reinhardt with the filter of Gao such that clean/filtered air is used to treat the microscope slides.
Reinhardt, per Gao, is silent with respect to the user setting a specific flow rate.
However, Keller teaches a microscope slide drying system that discloses a user setting a flow rate of a blower (¶ 158). The resultant combination would allow for the user to set the provided temperature and low rate from the heater/blower 306 of Reinhardt.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the control of heater/blower of Reinhardt with the ability to control the flow rate to ensure that the slides are dried without causing damage to the specimens on the slides.
Regarding claim 11, Reinhardt’s modified teachings are described above in claim 10 where the combination of Reinhardt, Gao, and Keller would further disclose that the fluid at user-defined flow rate and temperature, achieves uniform heating and/or drying of plurality of microscope slides simultaneously, without distorting the morphology of the specimen or contaminating the neighboring specimens within the system (Inherent operation of the drying system of Reinhardt as modified for more control by Gao to ensure that the selected temperatures and flow rates are sufficient to dry without cause damage).
Regarding claim 12, Reinhardt’s modified teachings are described above in claim 10 where the combination of Reinhardt, Gao, and Keller would further disclose that the temperature range that user can define will depend on the material composition of the microscope slides, the specimens on the slides, and the components of the device (Reinhardt ¶ 129-137 details the logic for controlling the temperature).
Regarding claim 13, Reinhardt’s modified teachings are described above in claim 10 where the combination of Reinhardt, Gao, and Keller would further disclose that the fluid flowrate may vary according to the configuration of the device, the material and composition of the microscope slides, the specimens on the slides (The use of the word “may” allows for choice and therefore the combination of Reinhardt and Keller reads on this limitation, additionally, Keller ¶ 158 details the ability to vary the flow rate).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0088750 (Reinhardt) in view of US 576549 (Gao) in view of US 2016/0282376 (Keller) and further in view of US 4034700 (Bassett hereinafter).
Regarding claim 14, Reinhardt’s modified teachings are described above in claim 10 but are silent with respect that the microscope slides are dried in a controlled environment in less than 120 seconds, at lower temperatures and low fluid flow rates and gives consistent results for any number of microscope slides. Reinhardt in ¶ 188 discloses the control of each section with appropriate times and Keller in ¶ 159-160 discloses approximate drying times.
However, Bassett teaches a slide preparation system that discloses setting a drying time to less than 120 seconds (Column 9 Lines 58-68).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the set drying time of Reinhardt/Keller with the teachings of Bassett since it has been held that discovering the optimum range involves only routine skill in the art. In re Aller 105 USPQ 233
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CONNOR J. TREMARCHE whose telephone number is (571)272-2175. The examiner can normally be reached Monday - Thursday 0700-1700 Eastern.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL HOANG can be reached at (571) 272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CONNOR J TREMARCHE/Primary Examiner, Art Unit 3762
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