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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ludicke (US 20170176479 A1) in view of Rhodes (US 20190018694 A1) in further view of Fauzzi (US 20060148063 A1).
Regarding claim 1, Ludicke teaches A method comprising:
converting, using a machine learned model, instruction text corresponding to a protocol to be performed in a lab into steps ([0054] In particular, “computer program” also means the source code of the program, from which the executable code may arise during the process of controlling the laboratory apparatus. [0055] In the machine-level programming, instructions are often referred to as a command. Instructions are usually assignments, control instructions (such as jumps, loops and conditional instructions) and procedure calls. Partially and depending on the programming language, representations, declarations, class and function definitions may also be instructions. The instructions of the control program can be configured in the common way.), the lab comprising a robot to perform one or more of the steps; ([0122] The transport apparatus may comprise a rail system and/or a robotic device for program-controlled moving of samples or rather sample containers.)
for each step, configuring a robot to perform the step by performing an action associated with the protocol. ([0134] depending on the handling type selected by the user and the program parameters inputted by the user, to automatically select one or more of the following control parameters for use in the program-controlled handling: movement parameters for defining the movement procedure of the robotic device of the laboratory machine required for the desired handling of the sample)
Ludicke does not expressly discloses but Rhodes discloses for each step, identifying one or more of an operation associated with the step, lab equipment associated with the step, and a reagent associated with the step ([0045] these concepts may comprise keywords or key phrases, such as “calculate,” “chemical formula,” and the like in this example involving a laboratory…the platform may make an assumption that the user wishes to complete a lab activity with lab equipment he or she is train to use unless there is an indication that he or she wishes to use a specialized device.),
in response to detecting an ambiguity or error associated with a first step of the steps, notifying the user via a graphic user interface; and ([0110] Aspect 29: The method of any preceding aspect, further comprising notifying, by the system, the user through the virtual assistant when a completed step deviates from an expected outcome or result.)
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify Ludicke with the teachings of Rhodes with a reasonable expectation of success by providing virtual assistance to a user for performing a laboratory activity as taught by Rhodes ([0005]).
Ludicke does not expressly discloses but Fauzzi discloses wherein at least one step is modified to include a replacement operation, replacement lab equipment, or a replacement reagent based on a capability of the lab such that an outcome of the modified step is not substantially different from the at least one step; ([0188] The robot arm with probe 10 is subsequently directed to a free washing station 8, and the probe 10 is either washed or alternatively replaced by a clean probe 10′, whereafter the process in accordance with the first or the second operating mode may be repeated or continued with a new reagent or reagent mixture)
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify Ludicke with the teachings of Fauzzi with a reasonable expectation of success by processing of a plurality of biological samples as taught by Fauzzi ([0039]).
Regarding claim 2, Ludicke does not expressly discloses but Rhodes discloses The method of claim 1, wherein the graphic user interface displays a virtual representation of the lab and notifying the user via the graphic user interface comprises: ([0038] In various aspects, embodiments of the present disclosure may operate as a virtual laboratory assistant that uses artificial intelligence (AI) to “remember” and access information requested through natural language. In some aspects, the virtual laboratory assistant may comprise graphical and/or textual representations overlaid on a user's mobile device, on augmented reality (AR) devices, smart glasses such as Google Glass, or other nearby device. These representations may enable, for example, visual or textual information related to or corresponding to auditory responses. [0073] The GUI may include additional or other information relating to the platform such as a map data with displayed users represented on the map using a symbol, character, image, or the like. The app may also present the user with information received from the platform or other users, such as messages and notifications.)
selecting candidate lab equipment for the ambiguity or error; and ([0043] the platform may make assumptions about a number of items such as a laboratory user's needs or a laboratory user's intent when generating a request or query. [0045] the platform may make an assumption that the user wishes to complete a lab activity with lab equipment he or she is train to use unless there is an indication that he or she wishes to use a specialized device.)
highlighting representative lab equipment within the virtual representation associated with the candidate lab equipment. ([0037] identification of an increase in demand for a particular piece of shared laboratory equipment, when and how much of a particular chemical or reagent to re-order, or identification a particular step in a protocol that deviates from a standard or known norm. [0038] In various aspects, embodiments of the present disclosure may operate as a virtual laboratory assistant that uses artificial intelligence (AI) to “remember” and access information requested through natural language. In some aspects, the virtual laboratory assistant may comprise graphical and/or textual representations overlaid on a user's mobile device, on augmented reality (AR) devices, smart glasses such as Google Glass, or other nearby device. These representations may enable, for example, visual or textual information related to or corresponding to auditory responses.)
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify Ludicke with the teachings of Rhodes with a reasonable expectation of success by providing virtual assistance to a user for performing a laboratory activity as taught by Rhodes ([0005]).
Regarding claim 3, Ludicke does not expressly discloses but Rhodes discloses The method of claim 1, wherein the graphic user interface displays a virtual representation of the lab and notifying the user via the graphic user interface comprises: ([0038] In various aspects, embodiments of the present disclosure may operate as a virtual laboratory assistant that uses artificial intelligence (AI) to “remember” and access information requested through natural language. In some aspects, the virtual laboratory assistant may comprise graphical and/or textual representations overlaid on a user's mobile device, on augmented reality (AR) devices, smart glasses such as Google Glass, or other nearby device. These representations may enable, for example, visual or textual information related to or corresponding to auditory responses. [0073] The GUI may include additional or other information relating to the platform such as a map data with displayed users represented on the map using a symbol, character, image, or the like. The app may also present the user with information received from the platform or other users, such as messages and notifications.)
selecting a candidate operation for the ambiguity or error; and ([0043] the platform may make assumptions about a number of items such as a laboratory user's needs or a laboratory user's intent when generating a request or query. [0045] the platform may make an assumption that the user wishes to complete a lab activity with lab equipment he or she is train to use unless there is an indication that he or she wishes to use a specialized device.)
displaying an indication of the first step along with a representative action associated with the candidate operation within the virtual representation. ([0072] Advantageously, the app may provide a user with information as well as be the user's interface to operating the embodiment of the invention. The app may include one or more graphic user interfaces (GUIs). Among the GUIs of the app may be a GUI allowing the user to pick which, if there is more than one, activities and/or events to participate in, and to select (if available) one or more operating parameters or characteristics (such as location, group, organization, club, school, name, age, gender, at least one activity of interest, activity skill, activity frequency, etc.) of the platform. The user may be able to adjust such selections from a GUI of the app. [0073] The GUI may include additional or other information relating to the platform such as a map data with displayed users represented on the map using a symbol, character, image, or the like. The app may also present the user with information received from the platform or other users, such as messages and notifications.)
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify Ludicke with the teachings of Rhodes with a reasonable expectation of success by providing virtual assistance to a user for performing a laboratory activity as taught by Rhodes ([0005]).
Regarding claim 4, Ludicke does not expressly discloses but Rhodes discloses The method of claim 1, wherein notifying the user via the graphic user interface comprises displaying a list of one or more candidate operations, lab equipment, or reagents. ([0035] the platform may use custom logic, routines, and/or data structures to retrieve the requested information before and relay this to the user. In various aspects, the platform may be utilized by users to perform various actions, including, but not limited to: retrieve and relay a list of ingredients to a solution; retrieve and relay steps to a multi-step protocol; retrieve and relay laboratory product and inventory information; retrieve and relay location based information for laboratory supplies and reagents [0060] where platform 100 processes data, method 200 may advance to stage 230 where platform 100 may provide information to the user, such as in response to requested information from the user. In some aspects, upon providing the platform with an indication that one user would like to begin a lab activity, the platform may provide the user with a listing of lab activities that may be relevant to that user. The listing of lab activities may be an up-to-date listing of certain lab events, activities, or statuses that may be of interest to the user.)
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify Ludicke with the teachings of Rhodes with a reasonable expectation of success by providing virtual assistance to a user for performing a laboratory activity as taught by Rhodes ([0005]).
Regarding claim 5, Ludicke does not expressly discloses but Rhodes discloses The method of claim 1, wherein the machine learned model uses natural language processing to extract generic capabilities from the instruction text. ([0042] a conversation user interface or voice-activated natural language user interface (UI) may be used for receiving and processing natural language spoken words and commands, converting speech to text and/or similarly converting text to speech, and playback. Based on a set of programmable rules, a speech recognition processor and/or natural language processor (NPL) can determine the intent of the spoken command from a known set of intents. The platform may then retrieve the requested information based on the intent of the command, for example, by interfacing with separate software programs and/or databases. The natural language processor may then convert the retrieved response from a digital format to a natural language auditory response. For example, Google voice API can translate what users say in their microphones into words and may use their voices as computer inputs.)
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify Ludicke with the teachings of Rhodes with a reasonable expectation of success by providing virtual assistance to a user for performing a laboratory activity as taught by Rhodes ([0005]).
Regarding claim 6, Ludicke does not expressly discloses but Rhodes discloses The method of claim 1, wherein identifying one or more of an operation associated with the step, lab equipment associated with the step, and a reagent associated with the step comprises accessing a lab database indicative of what lab equipment and reagents are available in the lab. ([0035] user may make requests using natural language, and the platform may compare and match the request to a database of known intents prior to providing the requested information. In further aspects, the platform may use custom logic, routines, and/or data structures to retrieve the requested information before and relay this to the user. [0051] The platform consistent with embodiments of the present disclosure may be configured to receive information from a plurality of databases. The databases may include, but not be limited to, for example, lab data (e.g., information about various scientific repositories, and the like), calendar data (e.g., information about various schedules associated with lab devices and users of the platform), lab reports and records (e.g., experimental data or data related completed lab routines or protocols), statistical lab activity data (e.g., historical lab data and records). The information received from these databases may be employed in providing options of scheduling, lab protocols, lab techniques and lab supply data to the various embodiments disclosed herein.)
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify Ludicke with the teachings of Rhodes with a reasonable expectation of success by providing virtual assistance to a user for performing a laboratory activity as taught by Rhodes ([0005]).
Regarding claim 7, Ludicke teaches The method of claim 6, wherein the lab database further comprises information indicating how lab equipment stacks, overlaps, and interacts within the lab. ([0038] In various aspects, embodiments of the present disclosure may operate as a virtual laboratory assistant that uses artificial intelligence (AI) to “remember” and access information requested through natural language. In some aspects, the virtual laboratory assistant may comprise graphical and/or textual representations overlaid on a user's mobile device, on augmented reality (AR) devices, smart glasses such as Google Glass, or other nearby device. These representations may enable, for example, visual or textual information related to or corresponding to auditory responses [0065] In various embodiments, the platform may comprise an interface, (i.e.—web interface, or application interface, etc.) configured to allow users to customize and/or add custom and/or proprietary data to the database, for example, in the form of recipes, protocols, inventories, etc. To this end, this feature can allow users real-time access to the custom content when a request is made for the information, while allowing access control to their custom content. In various aspects, the database can be stored on a local storage device, in the cloud, or a combination thereof. In further aspects, platform 100 may provide a platform for interaction between users and laboratory devices.)
Regarding claim 8, Ludicke does not expressly discloses but Rhodes discloses The method of claim 1, wherein the machine learned model is trained on historical operations performed with lab equipment and reagents within a lab. ([0051] The platform consistent with embodiments of the present disclosure may be configured to receive information from a plurality of databases. The databases may include, but not be limited to, for example, lab data (e.g., information about various scientific repositories, and the like), calendar data (e.g., information about various schedules associated with lab devices and users of the platform), lab reports and records (e.g., experimental data or data related completed lab routines or protocols), statistical lab activity data (e.g., historical lab data and records). The information received from these databases may be employed in providing options of scheduling, lab protocols, lab techniques and lab supply data to the various embodiments disclosed herein. [0092] Aspect 11: The method of any preceding aspect, wherein determining a response to the input is based at least on one of scientific research results, historical laboratory user group record information, and laboratory protocol information.)
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify Ludicke with the teachings of Rhodes with a reasonable expectation of success by providing virtual assistance to a user for performing a laboratory activity as taught by Rhodes ([0005]).
Regarding claim 9, Ludicke teaches A non-transitory computer-readable storage medium storing instructions that, when executed by a processor, cause the processor to perform steps comprising: ([0008] a control device, comprising at least one processor device for data processing, wherein this data processing includes the execution of a control program for controlling the laboratory machine, and comprising at least one storage device for storing data, in particular the control program and the program parameters,)
converting, using a machine learned model, instruction text corresponding to a protocol to be performed in a lab into steps ([0054] In particular, “computer program” also means the source code of the program, from which the executable code may arise during the process of controlling the laboratory apparatus. [0055] In the machine-level programming, instructions are often referred to as a command. Instructions are usually assignments, control instructions (such as jumps, loops and conditional instructions) and procedure calls. Partially and depending on the programming language, representations, declarations, class and function definitions may also be instructions. The instructions of the control program can be configured in the common way.), the lab comprising a robot to perform one or more of the steps; ([0122] The transport apparatus may comprise a rail system and/or a robotic device for program-controlled moving of samples or rather sample containers.)
for each step, configuring a robot to perform the step by performing an action associated with the protocol. ([0134] depending on the handling type selected by the user and the program parameters inputted by the user, to automatically select one or more of the following control parameters for use in the program-controlled handling: movement parameters for defining the movement procedure of the robotic device of the laboratory machine required for the desired handling of the sample)
Ludicke does not expressly discloses but Rhodes discloses for each step, identifying one or more of an operation associated with the step, lab equipment associated with the step, and a reagent associated with the step (([0045] these concepts may comprise keywords or key phrases, such as “calculate,” “chemical formula,” and the like in this example involving a laboratory…the platform may make an assumption that the user wishes to complete a lab activity with lab equipment he or she is train to use unless there is an indication that he or she wishes to use a specialized device.)),
in response to detecting an ambiguity or error associated with a first step of the steps, notifying the user via a graphic user interface; and ([0110] Aspect 29: The method of any preceding aspect, further comprising notifying, by the system, the user through the virtual assistant when a completed step deviates from an expected outcome or result.)
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify Ludicke with the teachings of Rhodes with a reasonable expectation of success by providing virtual assistance to a user for performing a laboratory activity as taught by Rhodes ([0005]).
Ludicke does not expressly discloses but Fauzzi discloses wherein at least one step is modified to include a replacement operation, replacement lab equipment, or a replacement reagent based on a capability of the lab such that an outcome of the modified step is not substantially different from the at least one step; ([0188] The robot arm with probe 10 is subsequently directed to a free washing station 8, and the probe 10 is either washed or alternatively replaced by a clean probe 10′, whereafter the process in accordance with the first or the second operating mode may be repeated or continued with a new reagent or reagent mixture)
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify Ludicke with the teachings of Fauzzi with a reasonable expectation of success by processing of a plurality of biological samples as taught by Fauzzi ([0039]).
Regarding claim 10, Ludicke does not expressly discloses but Rhodes discloses The non-transitory computer-readable storage medium of claim 9, wherein the graphic user interface displays a virtual representation of the lab and notifying the user via the graphic user interface comprises: (([0038] In various aspects, embodiments of the present disclosure may operate as a virtual laboratory assistant that uses artificial intelligence (AI) to “remember” and access information requested through natural language. In some aspects, the virtual laboratory assistant may comprise graphical and/or textual representations overlaid on a user's mobile device, on augmented reality (AR) devices, smart glasses such as Google Glass, or other nearby device. These representations may enable, for example, visual or textual information related to or corresponding to auditory responses. [0073] The GUI may include additional or other information relating to the platform such as a map data with displayed users represented on the map using a symbol, character, image, or the like. The app may also present the user with information received from the platform or other users, such as messages and notifications.))
selecting candidate lab equipment for the ambiguity or error; and ([0043] the platform may make assumptions about a number of items such as a laboratory user's needs or a laboratory user's intent when generating a request or query. [0045] the platform may make an assumption that the user wishes to complete a lab activity with lab equipment he or she is train to use unless there is an indication that he or she wishes to use a specialized device.)
highlighting representative lab equipment within the virtual representation associated with the candidate lab equipment. ([0037] identification of an increase in demand for a particular piece of shared laboratory equipment, when and how much of a particular chemical or reagent to re-order, or identification a particular step in a protocol that deviates from a standard or known norm. [0038] In various aspects, embodiments of the present disclosure may operate as a virtual laboratory assistant that uses artificial intelligence (AI) to “remember” and access information requested through natural language. In some aspects, the virtual laboratory assistant may comprise graphical and/or textual representations overlaid on a user's mobile device, on augmented reality (AR) devices, smart glasses such as Google Glass, or other nearby device. These representations may enable, for example, visual or textual information related to or corresponding to auditory responses.)
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify Ludicke with the teachings of Rhodes with a reasonable expectation of success by providing virtual assistance to a user for performing a laboratory activity as taught by Rhodes ([0005]).
Regarding claim 11, Ludicke does not expressly discloses but Rhodes discloses The non-transitory computer-readable storage medium of claim 9, wherein the graphic user interface displays a virtual representation of the lab and notifying the user via the graphic user interface comprises: ([0038] In various aspects, embodiments of the present disclosure may operate as a virtual laboratory assistant that uses artificial intelligence (AI) to “remember” and access information requested through natural language. In some aspects, the virtual laboratory assistant may comprise graphical and/or textual representations overlaid on a user's mobile device, on augmented reality (AR) devices, smart glasses such as Google Glass, or other nearby device. These representations may enable, for example, visual or textual information related to or corresponding to auditory responses. [0073] The GUI may include additional or other information relating to the platform such as a map data with displayed users represented on the map using a symbol, character, image, or the like. The app may also present the user with information received from the platform or other users, such as messages and notifications.)
selecting a candidate operation for the ambiguity or error; and ([0043] the platform may make assumptions about a number of items such as a laboratory user's needs or a laboratory user's intent when generating a request or query. [0045] the platform may make an assumption that the user wishes to complete a lab activity with lab equipment he or she is train to use unless there is an indication that he or she wishes to use a specialized device.)
displaying an indication of the first step along with a representative action associated with the candidate operation within the virtual representation. ([0072] Advantageously, the app may provide a user with information as well as be the user's interface to operating the embodiment of the invention. The app may include one or more graphic user interfaces (GUIs). Among the GUIs of the app may be a GUI allowing the user to pick which, if there is more than one, activities and/or events to participate in, and to select (if available) one or more operating parameters or characteristics (such as location, group, organization, club, school, name, age, gender, at least one activity of interest, activity skill, activity frequency, etc.) of the platform. The user may be able to adjust such selections from a GUI of the app. [0073] The GUI may include additional or other information relating to the platform such as a map data with displayed users represented on the map using a symbol, character, image, or the like. The app may also present the user with information received from the platform or other users, such as messages and notifications.)
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify Ludicke with the teachings of Rhodes with a reasonable expectation of success by providing virtual assistance to a user for performing a laboratory activity as taught by Rhodes ([0005]).
Regarding claim 12, Ludicke does not expressly discloses but Rhodes discloses The non-transitory computer-readable storage medium of claim 9, wherein notifying the user via the graphic user interface comprises displaying a list of one or more candidate operations, lab equipment, or reagents. ([0035] the platform may use custom logic, routines, and/or data structures to retrieve the requested information before and relay this to the user. In various aspects, the platform may be utilized by users to perform various actions, including, but not limited to: retrieve and relay a list of ingredients to a solution; retrieve and relay steps to a multi-step protocol; retrieve and relay laboratory product and inventory information; retrieve and relay location based information for laboratory supplies and reagents [0060] where platform 100 processes data, method 200 may advance to stage 230 where platform 100 may provide information to the user, such as in response to requested information from the user. In some aspects, upon providing the platform with an indication that one user would like to begin a lab activity, the platform may provide the user with a listing of lab activities that may be relevant to that user. The listing of lab activities may be an up-to-date listing of certain lab events, activities, or statuses that may be of interest to the user.)
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify Ludicke with the teachings of Rhodes with a reasonable expectation of success by providing virtual assistance to a user for performing a laboratory activity as taught by Rhodes ([0005]).
Regarding claim 13, Ludicke does not expressly discloses but Rhodes discloses The non-transitory computer-readable storage medium of claim 9, wherein the machine learned model uses natural language processing to extract generic capabilities from the instruction text. ([0042] a conversation user interface or voice-activated natural language user interface (UI) may be used for receiving and processing natural language spoken words and commands, converting speech to text and/or similarly converting text to speech, and playback. Based on a set of programmable rules, a speech recognition processor and/or natural language processor (NPL) can determine the intent of the spoken command from a known set of intents. The platform may then retrieve the requested information based on the intent of the command, for example, by interfacing with separate software programs and/or databases. The natural language processor may then convert the retrieved response from a digital format to a natural language auditory response. For example, Google voice API can translate what users say in their microphones into words and may use their voices as computer inputs.)
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify Ludicke with the teachings of Rhodes with a reasonable expectation of success by providing virtual assistance to a user for performing a laboratory activity as taught by Rhodes ([0005]).
Regarding claim 14, Ludicke does not expressly discloses but Rhodes discloses The non-transitory computer-readable storage medium of claim 9, wherein the instructions for identifying one or more of an operation associated with the step, lab equipment associated with the step, and a reagent associated with the step comprise instructions for accessing a lab database indicative of what lab equipment and reagents are available in the lab. ([0035] user may make requests using natural language, and the platform may compare and match the request to a database of known intents prior to providing the requested information. In further aspects, the platform may use custom logic, routines, and/or data structures to retrieve the requested information before and relay this to the user. [0051] The platform consistent with embodiments of the present disclosure may be configured to receive information from a plurality of databases. The databases may include, but not be limited to, for example, lab data (e.g., information about various scientific repositories, and the like), calendar data (e.g., information about various schedules associated with lab devices and users of the platform), lab reports and records (e.g., experimental data or data related completed lab routines or protocols), statistical lab activity data (e.g., historical lab data and records). The information received from these databases may be employed in providing options of scheduling, lab protocols, lab techniques and lab supply data to the various embodiments disclosed herein.)
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify Ludicke with the teachings of Rhodes with a reasonable expectation of success by providing virtual assistance to a user for performing a laboratory activity as taught by Rhodes ([0005]).
Regarding claim 15, Ludicke teaches The non-transitory computer-readable storage medium of claim 14, wherein the lab database further comprises information indicating how lab equipment stacks, overlaps, and interacts within the lab. ([0038] In various aspects, embodiments of the present disclosure may operate as a virtual laboratory assistant that uses artificial intelligence (AI) to “remember” and access information requested through natural language. In some aspects, the virtual laboratory assistant may comprise graphical and/or textual representations overlaid on a user's mobile device, on augmented reality (AR) devices, smart glasses such as Google Glass, or other nearby device. These representations may enable, for example, visual or textual information related to or corresponding to auditory responses [0065] In various embodiments, the platform may comprise an interface, (i.e.—web interface, or application interface, etc.) configured to allow users to customize and/or add custom and/or proprietary data to the database, for example, in the form of recipes, protocols, inventories, etc. To this end, this feature can allow users real-time access to the custom content when a request is made for the information, while allowing access control to their custom content. In various aspects, the database can be stored on a local storage device, in the cloud, or a combination thereof. In further aspects, platform 100 may provide a platform for interaction between users and laboratory devices.)
Regarding claim 16, Ludicke does not expressly discloses but Rhodes discloses The non-transitory computer-readable storage medium of claim 9, wherein the machine learned model is trained on historical operations performed with lab equipment and reagents within a lab. ([0051] The platform consistent with embodiments of the present disclosure may be configured to receive information from a plurality of databases. The databases may include, but not be limited to, for example, lab data (e.g., information about various scientific repositories, and the like), calendar data (e.g., information about various schedules associated with lab devices and users of the platform), lab reports and records (e.g., experimental data or data related completed lab routines or protocols), statistical lab activity data (e.g., historical lab data and records). The information received from these databases may be employed in providing options of scheduling, lab protocols, lab techniques and lab supply data to the various embodiments disclosed herein. [0092] Aspect 11: The method of any preceding aspect, wherein determining a response to the input is based at least on one of scientific research results, historical laboratory user group record information, and laboratory protocol information.)
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify Ludicke with the teachings of Rhodes with a reasonable expectation of success by providing virtual assistance to a user for performing a laboratory activity as taught by Rhodes ([0005]).
Regarding claim 17, Ludicke teaches A computer system comprising: ([0008] The laboratory apparatus for device-controlled handling of at least one laboratory sample according to the invention comprises:—at least one handling device for program-controlled handling of the at least one laboratory sample, wherein the handling using several program parameters, which are at least partly defined as user parameters by an user, are controlled by the laboratory apparatus)
a processor; and ([0008] a control device, comprising at least one processor device for data processing,)
a non-transitory computer-readable storage medium storing instructions that, when executed, cause the processor to perform steps comprising: ([0008] wherein this data processing includes the execution of a control program for controlling the laboratory machine, and comprising at least one storage device for storing data, in particular the control program and the program parameters,)
converting, using a machine learned model, instruction text corresponding to a protocol to be performed in a lab into steps ([0054] In particular, “computer program” also means the source code of the program, from which the executable code may arise during the process of controlling the laboratory apparatus. [0055] In the machine-level programming, instructions are often referred to as a command. Instructions are usually assignments, control instructions (such as jumps, loops and conditional instructions) and procedure calls. Partially and depending on the programming language, representations, declarations, class and function definitions may also be instructions. The instructions of the control program can be configured in the common way.), the lab comprising a robot to perform one or more of the steps; ([0122] The transport apparatus may comprise a rail system and/or a robotic device for program-controlled moving of samples or rather sample containers.)
for each step, configuring a robot to perform the step by performing an action associated with the protocol. ([0134] depending on the handling type selected by the user and the program parameters inputted by the user, to automatically select one or more of the following control parameters for use in the program-controlled handling: movement parameters for defining the movement procedure of the robotic device of the laboratory machine required for the desired handling of the sample)
Ludicke does not expressly discloses but Rhodes discloses for each step, identifying one or more of an operation associated with the step, lab equipment associated with the step, and a reagent associated with the step (([0045] these concepts may comprise keywords or key phrases, such as “calculate,” “chemical formula,” and the like in this example involving a laboratory…the platform may make an assumption that the user wishes to complete a lab activity with lab equipment he or she is train to use unless there is an indication that he or she wishes to use a specialized device.)),
in response to detecting an ambiguity or error associated with a first step of the steps, notifying the user via a graphic user interface; and in response to detecting an ambiguity or error associated with a first step of the steps, notifying the user via a graphic user interface; and ([0110] Aspect 29: The method of any preceding aspect, further comprising notifying, by the system, the user through the virtual assistant when a completed step deviates from an expected outcome or result.)
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify Ludicke with the teachings of Rhodes with a reasonable expectation of success by providing virtual assistance to a user for performing a laboratory activity as taught by Rhodes ([0005]).
Ludicke does not expressly discloses but Fauzzi discloses wherein at least one step is modified to include a replacement operation, replacement lab equipment, or a replacement reagent based on a capability of the lab such that an outcome of the modified step is not substantially different from the at least one step; ([0188] The robot arm with probe 10 is subsequently directed to a free washing station 8, and the probe 10 is either washed or alternatively replaced by a clean probe 10′, whereafter the process in accordance with the first or the second operating mode may be repeated or continued with a new reagent or reagent mixture)
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify Ludicke with the teachings of Fauzzi with a reasonable expectation of success by processing of a plurality of biological samples as taught by Fauzzi ([0039]).
Regarding claim 18, Ludicke does not expressly discloses but Rhodes discloses The computer system of claim 17, wherein the graphic user interface displays a virtual representation of the lab and notifying the user via the graphic user interface comprises: ([0038] In various aspects, embodiments of the present disclosure may operate as a virtual laboratory assistant that uses artificial intelligence (AI) to “remember” and access information requested through natural language. In some aspects, the virtual laboratory assistant may comprise graphical and/or textual representations overlaid on a user's mobile device, on augmented reality (AR) devices, smart glasses such as Google Glass, or other nearby device. These representations may enable, for example, visual or textual information related to or corresponding to auditory responses. [0073] The GUI may include additional or other information relating to the platform such as a map data with displayed users represented on the map using a symbol, character, image, or the like. The app may also present the user with information received from the platform or other users, such as messages and notifications.)
selecting candidate lab equipment for the ambiguity or error; and ([0043] the platform may make assumptions about a number of items such as a laboratory user's needs or a laboratory user's intent when generating a request or query. [0045] the platform may make an assumption that the user wishes to complete a lab activity with lab equipment he or she is train to use unless there is an indication that he or she wishes to use a specialized device.)
highlighting representative lab equipment within the virtual representation associated with the candidate lab equipment. ([0037] identification of an increase in demand for a particular piece of shared laboratory equipment, when and how much of a particular chemical or reagent to re-order, or identification a particular step in a protocol that deviates from a standard or known norm. [0038] In various aspects, embodiments of the present disclosure may operate as a virtual laboratory assistant that uses artificial intelligence (AI) to “remember” and access information requested through natural language. In some aspects, the virtual laboratory assistant may comprise graphical and/or textual representations overlaid on a user's mobile device, on augmented reality (AR) devices, smart glasses such as Google Glass, or other nearby device. These representations may enable, for example, visual or textual information related to or corresponding to auditory responses.)
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify Ludicke with the teachings of Rhodes with a reasonable expectation of success by providing virtual assistance to a user for performing a laboratory activity as taught by Rhodes ([0005]).
Regarding claim 19, Ludicke does not expressly discloses but Rhodes discloses The computer system of claim 17, wherein the graphic user interface displays a virtual representation of the lab and notifying the user via the graphic user interface comprises: ([0038] In various aspects, embodiments of the present disclosure may operate as a virtual laboratory assistant that uses artificial intelligence (AI) to “remember” and access information requested through natural language. In some aspects, the virtual laboratory assistant may comprise graphical and/or textual representations overlaid on a user's mobile device, on augmented reality (AR) devices, smart glasses such as Google Glass, or other nearby device. These representations may enable, for example, visual or textual information related to or corresponding to auditory responses. [0073] The GUI may include additional or other information relating to the platform such as a map data with displayed users represented on the map using a symbol, character, image, or the like. The app may also present the user with information received from the platform or other users, such as messages and notifications.)
selecting a candidate operation for the ambiguity or error; and ([0043] the platform may make assumptions about a number of items such as a laboratory user's needs or a laboratory user's intent when generating a request or query. [0045] the platform may make an assumption that the user wishes to complete a lab activity with lab equipment he or she is train to use unless there is an indication that he or she wishes to use a specialized device.)
displaying an indication of the first step along with a representative action associated with the candidate operation within the virtual representation. ([0072] Advantageously, the app may provide a user with information as well as be the user's interface to operating the embodiment of the invention. The app may include one or more graphic user interfaces (GUIs). Among the GUIs of the app may be a GUI allowing the user to pick which, if there is more than one, activities and/or events to participate in, and to select (if available) one or more operating parameters or characteristics (such as location, group, organization, club, school, name, age, gender, at least one activity of interest, activity skill, activity frequency, etc.) of the platform. The user may be able to adjust such selections from a GUI of the app. [0073] The GUI may include additional or other information relating to the platform such as a map data with displayed users represented on the map using a symbol, character, image, or the like. The app may also present the user with information received from the platform or other users, such as messages and notifications.)
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify Ludicke with the teachings of Rhodes with a reasonable expectation of success by providing virtual assistance to a user for performing a laboratory activity as taught by Rhodes ([0005]).
Regarding claim 20, Ludicke does not expressly discloses but Rhodes discloses The computer system of claim 17, wherein notifying the user via the graphic user interface comprises displaying a list of one or more candidate operations, lab equipment, or reagents. ([0035] the platform may use custom logic, routines, and/or data structures to retrieve the requested information before and relay this to the user. In various aspects, the platform may be utilized by users to perform various actions, including, but not limited to: retrieve and relay a list of ingredients to a solution; retrieve and relay steps to a multi-step protocol; retrieve and relay laboratory product and inventory information; retrieve and relay location based information for laboratory supplies and reagents [0060] where platform 100 processes data, method 200 may advance to stage 230 where platform 100 may provide information to the user, such as in response to requested information from the user. In some aspects, upon providing the platform with an indication that one user would like to begin a lab activity, the platform may provide the user with a listing of lab activities that may be relevant to that user. The listing of lab activities may be an up-to-date listing of certain lab events, activities, or statuses that may be of interest to the user.)
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify Ludicke with the teachings of Rhodes with a reasonable expectation of success by providing virtual assistance to a user for performing a laboratory activity as taught by Rhodes ([0005]).
Conclusion
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/S.A.T./Examiner, Art Unit 3656 /KHOI H TRAN/Supervisory Patent Examiner, Art Unit 3656