DETAILED ACTION
This is a Non-Final Office Action in response to Restriction Requirement on 05/26/2026. Claims 1-17 are pending. The effective filing date is 10/23/2023.
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 § 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, 3, 5, 6, 11, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2019/0205720 A1 Bourque (hereinafter Bourque).
Regarding claim 1, 6, 12, Bourque teaches a system for inventory tracking using cryogenic containers (Bourque Abstract, RFID attached to cryo-containers; [0004-0005] tracking using RFID tags), comprising: RFID tags attached to, integral with, or physically included in cryogenic containers (Baroque [0013] attaching RFID tags to cryo-vials); an RFID scanner (Baroque [0006-0007] RFID tags are read by a RFID reader; [0026] the RFID extends to allow for the operator to read tags; [0030]); at least one computing device having memory, capability of coupling to the RFID scanner, and a processor arranged to perform a method (Baroque [0005] computer database to store and track inventory), comprising: receiving, from the RFID scanner, scans of the RFID tags of the cryogenic containers while the cryogenic containers, containing samples, are kept in cryogenic fluid (Baroque [0013] reading the FID tags of the tags and attached to the top of the cane); and performing inventory tracking of the samples in the cryogenic containers, using a database in the memory, based on the received scans of the RFID tags of the cryogenic containers (Baraoque [0005] tracking RFID tags on cryo-containers for inventory control).
Regarding claim 3 and 11, Baroque teaches the system of claim 1, wherein: each of the cryogenic containers comprises a specimen cane having one or more goblets therein and one of the RFID tags (Baroque [0014] RFID tags on cane and individual vials).
Regarding claim 5, Baroque teaches the system of claim 1, wherein: each of the cryogenic containers comprises a specimen cane (Baroque See Fig. 5, cane and vials, using RFID tags on top of the cane); each specimen cane includes an uppermost goblet having one of the RFID tags included therein, attached thereto, or integral therewith (Baroque see Fig. 7, see the second RFID tag for each individual vial); and each specimen cane includes, below the uppermost goblet, at least one further goblet that includes a biological sample therein, wherein the uppermost goblet is arranged to prevent spillage or loss of the at least one further goblet (Baroque Figs. 5-7, multiple vials on a cane, stored within a cryogenic container).
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.
Claims 2, 4, 7-10, and 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over Baroque in view of US 2020/0357509 A1 Gitchell et al. (hereinafter Gitchell).
Regarding claim 2, 7, 8, 9, 13, 14, and 15, Baroque teaches the system of claim 1. Baroque fails to explicitly disclose wherein the RFID scanner comprises:
at least one RFID scanner mounted to a cryogenic tank; and
at least one RFID scanner located in a region comprising at least one cryogenic tank, wherein the performing the inventory tracking comprises
automated check-in and automated checkout of cryogenic containers based on the at least one RFID scanner locatable in the region, and
automated verification of the check-in and checkout based on the at least one RFID scanner mountable to the cryogenic tank.
Gitchell is in the field of RFID tags (Gitchell Abstract, RFID tag) and teaches wherein the RFID scanner comprises:
at least one RFID scanner mounted to a cryogenic tank (Gitchell [0028] checkpoint includes an RFID readers to identify vials when they pass the reader); and
at least one RFID scanner located in a region comprising at least one cryogenic tank (Gitchell [0028] checkpoint includes an RFID readers to identify vials when they pass the reader), wherein the performing the inventory tracking comprises
automated check-in and automated checkout of cryogenic containers based on the at least one RFID scanner locatable in the region (Gitchell [0028] checkpoint includes an RFID readers to identify vials when they pass the reader, giving the location of the vial and is either in or out of a specific location), and
automated verification of the check-in and checkout based on the at least one RFID scanner mountable to the cryogenic tank (Gitchell [0030-0031] the item can be verified when read by an RFID reader, and user to confirm its checkout; [0049]). 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 cryogenic RFID tags of Baroque with the automatic scanning in regions, combined with the verification of the removal of vials as taught by Gitchell. The motivation for doing so would be to manage highly regulated items by tracking its location within a facility (Gitchell [0002] identify and track specific products that need to be highly regulated).
Regarding claim 4 and 17, Baroque teaches the system of claim 1. Baroque fails to explicitly disclose wherein: the performing the inventory tracking comprises real-time inventory tracking and generating reports. Gitchell teaches wherein: the performing the inventory tracking comprises real-time inventory tracking and generating reports (Gitchell [0028] checkpoint includes an RFID readers to identify vials when they pass the reader; [0022] the system can create a report). 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 cryogenic RFID tags of Baroque with the tracking and reporting as taught by Gitchell. The motivation for doing so would be to manage highly regulated items by tracking its location within a facility (Gitchell [0002] identify and track specific products that need to be highly regulated).
Regarding claim 10 and 16, Baroque teaches the method of claim 9. Baroque fails to explicitly disclose further comprising: generating, using the computing device, reports based on the inventory tracking including the automated check-in and automated checkout and reports based on detecting errors in the inventory tracking. Gitchell teaches further comprising: generating, using the computing device, reports based on the inventory tracking including the automated check-in and automated checkout and reports based on detecting errors in the inventory tracking (Gitchell [0028] checkpoint includes an RFID readers to identify vials when they pass the reader; [0022] the system can create a report and identify errors). 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 cryogenic RFID tags of Baroque with the tracking and reporting as taught by Gitchell. The motivation for doing so would be to manage highly regulated items by tracking its location within a facility (Gitchell [0002] identify and track specific products that need to be highly regulated).
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2015/0379390 A1 Morris teaches RFID tag of cryogenic (Abstract).
US 2011/0139871 A1 Yturralde et al. teaches RFID tag inventory tracking (Abstract).
Conclusion
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/JESSICA E SULLIVAN/ Examiner, Art Unit 3627
/FAHD A OBEID/ Supervisory Patent Examiner, Art Unit 3627
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