DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Preliminary Amendment
The Preliminary Amendment filed on 06/02/2025 has been entered.
Response to Preliminary Remarks
Applicant's Preliminary Remarks filed on 06/02/2025 concerning the Preliminary Amendment has been considered and the Preliminary Amendment has been entered.
Information Disclosure Statement
The information disclosure statement filed 02/26/2025 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. Document 28 was not provided nor is it present in any of the parent applications. Accordingly, Document 28 has not been considered.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: paragraph [0078] references marker 1186, however, reference number 1186 is not present in FiGs. 11-13, refer to paragraph [0078] at lines 13 to 15 “A circular border is also shown around the marker 1186 to indicate that the culture media image associated with marker 1138 is being displayed.” in which 1186 should be changed to 1138. This same issue was present in the parent 18/320,503 and 17/104,501 and 16/348,841 applications and was corrected in the responses respectively filed on 08/16/2024 and 10/13/2021 and 07/10/2020. The same correction may be made in this application. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 4-27 have been interpreted under 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) to not invoke 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) claim interpretation.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 4-8, 11, 15-20, 23, and 27 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 4, 5, 8, 9, 11, 12, 13, and 16 of U.S. Patent No. 11,348,296. Although the claims at issue are not identical, they are not patentably distinct from each other because these pending claims are broader versions of the patented claims.
Refer to the following table which correlates the pending claims to the patented claims.
Claims filed on 06/02/2025
4
5
6
7
8
9
U.S. Patent No. 11348296
1
3
3
4
1
none
Claims filed on 06/02/2025
10
11
12
13
14
15
U.S. Patent No. 11348296
none
1+8
none
none
none
5
Claims filed on 06/02/2025
16
17
18
19
20
21
U.S. Patent No. 11348296
9
11
11
12
9
none
Claims filed on 06/02/2025
22
23
24
25
26
27
U.S. Patent No. 11348296
none
9+16
none
none
none
13
Refer to the below table which compares the pending claims to the patented claims.
Claims 4-8, 11, 14-20, 23, 26, and 27 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 4, 5, 6, 7, 11, 14, 15, 16, 17, and 20 of U.S. Patent No. 10,853,981. Although the claims at issue are not identical, they are not patentably distinct from each other because these pending claims are broader versions of the patented claims.
Refer to the following table which correlates the pending claims to the patented claims.
Claims filed on 06/02/2025
4
5
6
7
8
9
U.S. Patent No. 10853981
1
4
4
6
1
none
Claims filed on 06/02/2025
10
11
12
13
14
15
U.S. Patent No. 10853981
none
1+3+10
none
none
5
7
Claims filed on 06/02/2025
16
17
18
19
20
21
U.S. Patent No. 10853981
11
14
14
16
11
none
Claims filed on 06/02/2025
22
23
24
25
26
27
U.S. Patent No. 10853981
none
11+13+20
none
none
15
17
Refer to the following table which compares the above rejected pending claims with corresponding patented claims.
Claims filed on 06/02/2025
4. (New) A system for monitoring growth of microorganisms, the system comprising:
an incubator housing at least one culture media having a plurality of microorganisms;
an imaging device configured to capture one or more images of the at least one culture media according to a culture media protocol;
a user interface configured to display a timeline based on the culture media protocol; and
a processor configured to
associate some or all of the one or more images with a position on the timeline that correlates to a time at which the image was captured.
5. (New) The system of Claim 4, wherein the culture media protocol comprises one or more intended times for capturing an image of the at least one culture media.
6. (New) The system of Claim 5, wherein the processor is configured to transmit instructions to the imaging device to capture a culture media image at each of the intended times for capturing a culture media image.
7. (New) The system of Claim 4, wherein the processor is further configured to:
receive a plurality of culture media images;
detect one or more reference points on the at least one culture media based on the plurality of culture media images; and
orient each culture media image such that the one or more reference points are in the same position in each culture media image.
8. (New) The system of Claim 4, wherein the processor is further configured to cause the user interface to display a visual indication that an event of the culture media protocol has not yet been performed.
11. (New) The system of Claim 4, further comprising:
a culture media handling system comprising the incubator and the imaging device;and
a culture reading system comprising the user interface and the processor, wherein the culture media handling system is configured to transmit data related to one or more events of the culture media protocol to the culture reading system, wherein the processor is configured to update the timeline in response to receiving the data from the culture media handling system.
14. (New) The system of Claim 4, wherein the processor is further configured to:
receive a plurality of culture media images related to the culture media protocol; and
generate a video of the plurality of culture media images, wherein the plurality of culture media images are presented in chronological order based on the times at which the plurality of culture media images were captured.
15. (New) The system of Claim 4, wherein the timeline provides a relative timescale for the culture media protocol in which an expected duration of time for the culture media protocol is correlated to a length of the timeline.
16. (New) A method for monitoring growth of microorganisms, the method comprising:
capturing, by an imaging device, one or more images of at least one culture media housed within an incubator and having a plurality of microorganisms, wherein the one or more images are captured according to a culture media protocol;
displaying a timeline based on the culture media protocol on a user interface; and
associating some or all of the one or more images with a position on the timeline that correlates to a time at which the image was captured.
17. (New) The method of Claim 16, further comprising generating one or more intended times on the timeline for capturing a culture media image.
18. (New) The method of Claim 17, further comprising transmitting instructions to the imaging device to capture a culture media image at each of the intended times for capturing a culture media image.
19. (New) The method of Claim 16, further comprising:
receiving a plurality of culture media images related to the culture media protocol;
detecting one or more reference points on the at least one culture media based on the plurality of culture media images; and
orienting each culture media image such that the one or more reference points are in the same position in each culture media image.
20. (New) The method of Claim 16, further comprising generating a visual indication on the user interface that an event of the culture media protocol has not yet been performed.
23. (New) The method of Claim 16, further comprising:
transmitting data related to one or more events of the culture media protocol from a culture media handling system comprising the incubator and the imaging device to a culture reading system comprising the user interface; and
updating the timeline in response to receiving the data from the culture media handling system by the culture reading system.
26. (New) The method of Claim 16, further comprising:
receiving a plurality of culture media images related to the culture media protocol; and
generating a video of the plurality of culture media images, wherein the plurality of culture media images are presented in chronological order based on the times at which the plurality of culture media images were captured.
27. (New) The method of Claim 16, wherein the timeline provides a relative timescale for the culture media protocol in which an expected duration of time for the culture media protocol is correlated to a length of the timeline.
US 11348296 B2
1. A system for providing a timeline, the system comprising:
a culture media handling system comprising:
an incubator housing at least one culture media having a plurality of microorganisms; and
an imaging device configured to capture one or more culture media images of the at least one culture media; and
a culture reading system comprising:
a user interface configured to display the timeline and a field for display of one or more of the culture media images received from the culture media handling system; and
a processor configured to:
receive the one or more culture media images from the culture media handling system;
associate each of the one or more culture media images with a position on the timeline that correlates to a time at which the culture media image was captured by the imaging device of the culture media handling system; and
generate and display a selectable marker for each culture media image associated with the timeline, the selectable marker being aligned with the position on the timeline that correlates to the time at which the culture media image was captured by the imaging device of the culture media handling system.
3. The system of claim 1, wherein the timeline comprises one or more intended times for capturing a culture media image, wherein the computer system is configured to transmit instructions to the imaging device to capture a culture media image at each of the intended times for capturing a culture media image.
4. The system of claim 1, wherein the one or more culture media images comprise a plurality of culture media images, wherein the processor is further configured to:
detect one or more reference points on the culture media based on the plurality of culture media images; and
orient each culture media image such that the one or more reference points are in the same position in each culture media image.
BRI of this app’s claimed “visual indication” is the lack of such a visual indication, thus, pending claim 8 is covered by the following portion of Patented Claim 1:
generate and display a selectable marker for each culture media image associated with the timeline, the selectable marker being aligned with the position on the timeline that correlates to the time at which the culture media image was captured by the imaging device of the culture media handling system.
Claim 1 claims the incubator, the imaging device, and culture reading system.
8. The system of claim 1, wherein the processor is configured to update the timeline in response to the occurrence of an event in real time or near real time.
5. The system of claim 1, wherein the timeline provides a relative timescale for a culture media protocol in which an expected duration of time for the culture media protocol is correlated to a length of the timeline.
9. A method for providing a timeline, the method comprising:
capturing one or more culture media images of at least one culture media housed within an incubator of a culture media handling system of a timeline control system using an imaging device of the culture media handling system;
receiving the one or more culture media images from the culture media handling system by a culture reading system;
associating each of the one or more culture media images with a position on the timeline that correlates to a time at which the culture media image was captured by the imaging device of the culture media handling system;
generating a selectable marker for each culture media image associated with the timeline, the selectable marker being aligned with the position on the timeline that correlates to the time at which the culture media image was captured; and
displaying the timeline on a user interface of the culture reading system.
11. The method of claim 9, further comprising: generating one or more intended times on the timeline for capturing a culture media image by the culture reading system; and
transmitting instructions to the imaging device to capture a culture media image at each of the intended times for capturing a culture media image.
12. The method of claim 9, wherein the one or more culture media images comprise a plurality of culture media images, the method further comprising:
detecting by the culture reading system one or more reference points on the culture media based on the plurality of culture media images; and
orienting each culture media image by the culture reading system such that the one or more reference points are in the same position in each culture media image.
BRI of this app’s claimed “visual indication” is the lack of such a visual indication, thus, pending claim 20 is covered by the following portion of Patented Claim 9:
generating a selectable marker for each culture media image associated with the timeline, the selectable marker being aligned with the position on the timeline that correlates to the time at which the culture media image was captured; and
displaying the timeline on a user interface of the culture reading system.
Claim 9 claims the incubator, the imaging device, and the culture reading system.
16. The method of claim 9, further comprising updating the timeline in response to the occurrence of an event in real time or near real time.
13. The method of claim 9, wherein the timeline provides a relative timescale for a culture media protocol in which an expected duration of time for the culture media protocol is correlated to a length of the timeline.
US 10853981 B2
1. A system for providing a timeline representing a culture media protocol for a culture media, the system comprising:
a computer system comprising:
a user interface configured to display the timeline and a field for optional display of a culture media image; and
a processor configured to: receive the culture media protocol for the culture media;
generate the timeline on the user interface based on the culture media protocol;
monitor time on the timeline;
receive one or more culture media images related to the culture media protocol;
and generate and display a selectable marker for each culture media image associated with the timeline, the selectable marker being aligned with the position on the timeline that correlates to the time at which the culture media image was captured.
4. The system of claim 3, wherein the culture media protocol comprises one or more intended times for capturing a culture media image, wherein the computer system is configured to transmit instructions to the imaging device to capture a culture media image at each of the intended times for capturing a culture media image.
6. The system of claim 1, wherein the processor is further configured to:
receive a plurality of culture media images related to the culture media protocol;
detect one or more reference points on the culture media based on the plurality of culture media images; and
orient each culture media image such that the one or more reference points are in the same position in each culture media image.
BRI of this app’s claimed “visual indication” is the lack of such a visual indication, thus, pending claim 8 is covered by the following portion of Patented Claim 1:
generate and display a selectable marker for each culture media image associated with the timeline, the selectable marker being aligned with the position on the timeline that correlates to the time at which the culture media image was captured.
Claim 1 defines a culture reading system.
3. The system of claim 1, further comprising an incubation system comprising:
an incubator housing at least one culture media having a plurality of microorganisms; and
an imaging device configured to capture an image of the at least one culture media.
10. The system of claim 1, wherein the processor is configured to update the timeline in response to the occurrence of a culture media protocol event in real time or near real time.
5. The system of claim 1, wherein the processor is further configured to:
receive a plurality of culture media images related to the culture media protocol;
receive instructions to initiate an animation mode; and
generate a video of the plurality of culture media images, wherein the plurality of culture media images are presented in chronological order based on the times at which the plurality of culture media images were captured.
7. The system of claim 1, wherein the timeline provides a relative timescale for the culture media protocol in which an expected duration of time for the culture media protocol is correlated to a length of the timeline.
11. A method for providing a timeline representing a culture media protocol for a culture media, the method comprising:
receiving the culture media protocol for the culture media;
generating the timeline on a user interface based on the culture media protocol;
monitoring time on the timeline;
receiving one or more culture media images related to the culture media protocol;
associating each of the one or more culture media images with a position on the timeline that correlates to a time at which the culture media image was captured; and
generating a selectable marker for each culture media image associated with the timeline, the selectable marker being aligned with the position on the timeline that correlates to the time at which the culture media image was captured.
14. The method of claim 13, wherein the culture media protocol comprises one or more intended times for capturing a culture media image, wherein the method further comprises transmitting instructions to the imaging device to capture a culture media image at each of the intended times for capturing a culture media image.
16. The method of claim 11, further comprising:
receiving a plurality of culture media images related to the culture media protocol;
detecting one or more reference points on the culture media based on the plurality of culture media images; and
orienting each culture media image such that the one or more reference points are in the same position in each culture media image.
BRI of this app’s claimed “visual indication” is the lack of such a visual indication, thus, pending claim 20 is covered by the following portion of Patented Claim 11:
generating a selectable marker for each culture media image associated with the timeline, the selectable marker being aligned with the position on the timeline that correlates to the time at which the culture media image was captured.
Claim 11 defines an incubator and culture reading system.
13. The method of claim 11, further comprising an incubation system comprising capturing an image of the culture media using an imaging device.
20. The method of claim 11, further comprising updating the timeline in response to the occurrence of a culture media protocol event in real time or near real time.
15. The method of claim 11, further comprising:
receiving a plurality of culture media images related to the culture media protocol;
receiving instructions to initiate an animation mode; and generating a video of the plurality of culture media images, wherein the plurality of culture media images are presented in chronological order based on the times at which the plurality of culture media images were captured.
17. The method of claim 11, wherein the timeline provides a relative timescale for the culture media protocol in which an expected duration of time for the culture media protocol is correlated to a length of the timeline.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Marcelpoil et al., US Patent Application Publication No. 2017/0013181, describes Incubation system with image capture and viewing and describes image acquisition over time, refer to FIGs. 6 and 8 and paragraphs [0049] and [0067], and describes system events analyzer, refer to FIG. 10 and paragraph [0079].
Parent US Patent
The Parent US Patent made of record and not relied upon is considered pertinent to applicant's disclosure.
Nicolson et al., US Patent No. 12,190,423, is the resulting U.S. Patent of this application’s parent application.
Allowable Subject Matter
Claims 4-27 would be allowable if a proper terminal disclaimer is filed addressing both of the nonstatutory double patenting rejections set forth in this Office action.
Claims 9, 10, 12, 13, 21, 22, 24, and 25 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFERY A BRIER whose telephone number is (571)272-7656. The examiner can normally be reached on Mon-Fri from 8:30am-3:00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xiao M Wu, can be reached at telephone number 571-272-7761. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JEFFERY A. BRIER
Primary Examiner
Art Unit 2613
/JEFFERY A BRIER/Primary Examiner, Art Unit 2613
Prosecution Insights