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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. CN202410600654.1, filed on May 11, 2024.
Status of Claims
This action is in reply to the claims filed on April 30, 2025. Claim(s) 1-19 are currently pending and have been examined.
Claim Objections
Claim 3 objected to because of the following informalities: “the setting component” in p. 1, ll. 21, “the first setting component” in p. 1, ll. 23. These appear to be typographical errors. Appropriate correction is required. For examination purposes, the Examiner will interpret the claimed portions as “the at least one setting component”, “a first setting component”.
Claim 4 objected to because of the following informalities: “the setting component” in p. 2, ll. 4, “set at the setting bars of the plurality of setting components” in p. 2, ll. 6-7. These appear to be typographical errors. Appropriate correction is required. For examination purposes, the Examiner will interpret the claimed portions as “the at least one setting component”, “set at setting bars of a plurality of setting components”.
Claim 7 objected to because of the following informalities: “In response” in p. 2, ll. 23, “the delete control ,deleting” in p. 2, ll. 23. These appear to be typographical errors. Appropriate correction is required. For examination purposes, the Examiner will interpret the claimed portions as “in response”, “the delete control, deleting”.
Claim 16 objected to because of the following informalities: “the sample discharge drawer” in p. 6, ll. 18. This appears to be a typographical error. Appropriate correction is required. For examination purposes, the Examiner will interpret the claimed portion as “a sample discharge drawer”.
Claim 19 objected to because of the following informalities: “the specific sample feed position” in p. 7, ll. 1-2. This appears to be a typographical error. Appropriate correction is required. For examination purposes, the Examiner will interpret the claimed portion as “a specific sample feed position”.
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a processing module” in claim 1, “processing modules” in claim 2, “a sample discharge processing module” in claim 3, “a plurality of sample feed processing modules”, “a sample feed module setting area, a drawer setting area, and a sample box setting area”, “the sample feed module setting area, the drawer setting area, and the sample box setting area”, “the sample feed module setting area”, “the sample feed processing modules”, “a target sample feed processing module,”, “the target sample feed processing module”, “the target sample feed processing module;” “the target sample feed processing module”, “the target sample feed processing module”, “one sample feed processing module,”, “the sample feed processing module”, “the sample feed processing module” in claim 12, “a processing module” in claim 13, “various function processing modules”, “the processing modules”, “a processing module” in claim 14.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112(b)
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.
Claim(s) 1-19 is/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 pre -AIA the applicant regards as the invention.
Claim limitations “a processing module” in claim 1, “processing modules” in claim 2, “a sample discharge processing module” in claim 3, “a plurality of sample feed processing modules”, “a sample feed module setting area, a drawer setting area, and a sample box setting area”, “the sample feed module setting area, the drawer setting area, and the sample box setting area”, “the sample feed module setting area”, “the sample feed processing modules”, “a target sample feed processing module,”, “the target sample feed processing module”, “the target sample feed processing module;” “the target sample feed processing module”, “the target sample feed processing module”, “one sample feed processing module,”, “the sample feed processing module”, “the sample feed processing module” in claim 12, “a processing module” in claim 13, “various function processing modules”, “the processing modules”, “a processing module” in claim 14 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The Applicant’s Specification dated April 30, 2025 does not mention or describe structure that performs the function in the claim. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 1-19: Step 1
Claims 1-12, 15-19 are drawn to a method, claim 13 is drawn to a product, claim 14 is drawn to a system, and of which are within the four statutory categories (i.e., a machine and a process). Claims 1-19 are further directed to an abstract idea on the grounds set out in detail below.
Claim 1: Step 2A Prong One
Claim 1 recite(s):
determining a processing content of a scheduling strategy, wherein the processing content of the scheduling strategy comprises a target function determined from processing functions provided by a pipeline;
determining a target sample applying the scheduling strategy; and
configuring the scheduling strategy according to the processing content and the target sample, wherein the scheduling strategy is used to instruct a processing module with the target function on the pipeline to process the target sample
These limitations, as drafted, given the broadest reasonable interpretation but for the recitation of generic computer components, encompass managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions), which is a subgrouping of Certain Methods of Organizing Human Activity. That is other than reciting, “a pipeline” and “a processing module” to perform these functions, nothing in the claim precludes the limitations from practically being performed by a person following rules or instructions to make determinations based on data and configure a result from the determinations. For example, the claim encompasses a user following instructions to determine a processing content of a scheduling strategy and a target sample, and a user following instructions to configure the scheduling strategy according to the determinations.
Claim 1: Step 2A Prong Two
This judicial exception is not integrated into a practical application because the remaining elements amount to no more than general purpose computer components programmed to perform
the abstract idea.
Claim 1, directly or indirectly, recites the following generic computer components
configured to implement the abstract idea “a pipeline” and “a processing module”. As set forth in the MPEP 2106.04(d) “merely including instructions to implement an abstract idea on a computer” is an example of when an abstract idea has not been integrated into a practical application.
Claim 1: Step 2B
The claim(s) does/do not include additional elements that are sufficient to amount to
significantly more than the judicial exception. As discussed above with respect to integration of
the abstract idea into a practical application, the additional elements of using a computer
configured to perform above identified functions amounts to no more than mere instructions to
apply the exception using generic computer components. Mere instructions to apply an exception
using a generic computer component cannot provide an inventive concept. See Alice 573 U.S. at
223 (“mere recitation of a generic computer cannot transform a patent-ineligible abstract idea
into a patent-eligible invention.”)
Claim 13 recites similar functions to claim 1, but in product form. The additional limitation of “a memory and a processor, wherein the memory has a computer program stored therein” amounts to no more than general purpose computer components programmed to perform the abstract idea.
Claim 14 recites similar functions to claim 1, but in system form. The additional limitation of “comprising a track, various function processing modules connected through the track, and a pipeline control terminal, wherein the processing modules and the track are respectively in communication connection with the pipeline control terminal, and the pipeline control terminal comprises a memory and a processor,” amounts to no more than general purpose computer components programmed to perform the abstract idea.
As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of using a computer configured to perform above identified
functions amount to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. See Alice 573 U.S. at 223 (“mere recitation of a generic computer cannot transform a patent-ineligible abstract idea into a patent-eligible
invention.”) The claims are not patent eligible.
Claims 2-12 and 15-19 incorporate the abstract idea identified above and recite additional
limitations that expand on the abstract idea, claim 2 further describes the processing content. Similarly, claims 3-4, 16-18 further describe the determining the processing content of the scheduling strategy. Similarly, claims 5-7 further describe the setting component. Similarly, claim 8 describes processing order of the target functions. Similarly, claims 9-10, 19 further describe the determining the target sample applying the scheduling strategy. Similarly, claim 11 describes a method for acquiring the sample screening conditions. Similarly, claim 12 describes displaying and acquiring data from a user. Finally, claim 15 further describes the processing functions.
Dependent claims 2-12 and 15-19 recite additional subject matter which amount to limitations consisted with the additional elements in independent claim 1 (such as claim 12 further recite additional limitations that amount to generic computer components, and adding insignificant extra-solution activity to the judicial exception).
Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. Their collective functions merely provide conventional computer implementation and do not impose a meaningful limit to integrate the abstract idea into a practical application.
The claims are not patent eligible.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6, 9-19 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being unpatentable over DeSimas et al. (U.S. Patent Pre-Grant Publication No. 2016/0086106).
As per independent claim 1, DeSimas discloses a method for configuring a pipeline scheduling strategy, comprising:
determining a processing content of a scheduling strategy, wherein the processing content of the scheduling strategy comprises a target function determined from processing functions provided by a pipeline (See [0031], [0037]: The setup manager also provides a user interface (presentation layer) with information on the kinds of targets that are available, which the Examiner is interpreting the workflow steps and associated parameter settings to encompass a processing content of a scheduling strategy);
determining a target sample applying the scheduling strategy (See [0037]-[0039]: The setup manager also provides a user interface (presentation layer) with information on the kinds of targets that are available, which the Examiner is interpreting the kinds of targets to encompass a target sample applying the scheduling strategy); and
configuring the scheduling strategy according to the processing content and the target sample, wherein the scheduling strategy is used to instruct a processing module with the target function on the pipeline to process the target sample (See [0037]-[0039]: The managers within the application layer can be developed based upon an object-oriented class, which the Examiner is interpreting an object-oriented class to encompass configuring the scheduling strategy according to the processing content and the target sample, and the workflow process to encompass a processing module with the target function.)
Claim(s) 13-14 mirror claim 1 only within different statutory categories, and are rejected for the same reason as claim 1.
The addition of "a memory and a processor, wherein the memory has a computer program stored therein" in claim 13 encompassed in Paragraph [0076] of DeSimas, "the SDS software is a highly sophisticated program that would not be readily understood by most users" which the Examiner is interpreting to encompass a memory and a processor, wherein the memory has a computer program stored therein.
The addition of "a memory and a processor, wherein the memory has a computer program stored therein" in claim 14 encompassed in Paragraph [0076] of DeSimas, "the SDS software is a highly sophisticated program that would not be readily understood by most users" which the Examiner is interpreting to encompass a pipeline control terminal, wherein the processing modules and the track are respectively in communication connection with the pipeline control terminal, and the pipeline control terminal comprises a memory and a processor, wherein the memory has a computer program stored therein.
As per claim 2, DeSimas discloses the method of claim 1 as described above. DeSimas further teaches wherein the processing content comprises at least two target functions, and the processing content further comprises a processing order of the at least two target functions (See [0037]-[0039]: The setup manager also provides a user interface (presentation layer) with information on the kinds of targets that are available, which the Examiner is interpreting the kinds of targets to encompass the processing content comprises at least two target functions); and
the configuring the scheduling strategy according to the processing content and the target sample comprises:
configuring the scheduling strategy according to the target functions, the processing order of the target functions, and the target sample, wherein the scheduling strategy is used to instruct, according to the processing order, sequential scheduling of the target sample to processing modules with the target functions on the pipeline for processing (See [0063]-[0065]: The managers do more than merely provide the user with a story to guide them in performing the prescribed steps of the workflow, the managers also perform computations, unique to the tasks being performed, to inject expert knowledge into the workflow, which the Examiner is interpreting the prescribed steps of the workflow to encompass the scheduling strategy is used to instruct, according to the processing order, sequential scheduling of the target sample to processing modules with the target functions on the pipeline for processing.)
As per claim 3, DeSimas discloses the method of claim 1 as described above. DeSimas further teaches wherein the determining the processing content of the scheduling strategy comprises:
providing a processing content configuration interface, wherein the processing content configuration interface comprises at least one setting component, and the at least one setting component at least comprises a setting bar (See [0037]: Stories rely on one or more “managers” to simplify and provide a coherent way to manipulate and manage the data making up the user interface content, which the Examiner is interpreting manipulate and manage the data making up the user interface content to encompass the processing content configuration interface comprises at least one setting component, and the at least one setting component at least comprises a setting bar);
in response to the target function set at the setting bar of a first setting component or last setting component being a classified sample discharge function, obtaining the processing content of the scheduling strategy according to the classified sample discharge function, wherein the scheduling strategy is used to instruct a sample discharge processing module on the pipeline to perform sample discharge processing on the target sample according to a classified sample discharge rule (See [0063]-[0065]: Optimization of plate usage is handled by following a predetermined set of rules governing how samples and controls should be distributed, which the Examiner is interpreting to encompass the claimed portion as the each manager can also interface the underlying SDS software and associated utilities, if needed, to supply the appropriate information and guidance to the user.)
As per claim 4, DeSimas discloses the method of claim 1 as described above. DeSimas further teaches wherein the determining the processing content of the scheduling strategy comprises:
providing a processing content configuration interface, wherein the processing content configuration interface comprises at least one setting component, and the at least one setting component at least comprises a setting bar (See [0037]: Stories rely on one or more “managers” to simplify and provide a coherent way to manipulate and manage the data making up the user interface content, which the Examiner is interpreting manipulate and manage the data making up the user interface content to encompass a processing content configuration interface, wherein the processing content configuration interface comprises at least one setting component, and the at least one setting component at least comprises a setting bar);
in response to acquiring a plurality of target functions set at setting bars of a plurality of setting components, acquiring a processing order of the target functions (See [0031]: The workflow application stores the workflow steps and associated parameter settings that allow the workflow application to not only guide the user but also configure the underlying research software application, which the Examiner is interpreting the workflow steps to encompass a processing order of the target functions); and
obtaining the processing content of the scheduling strategy according to the plurality of target functions and the processing order (See [0031]: The workflow application stores the workflow steps and associated parameter settings that allow the workflow application to not only guide the user but also configure the underlying research software application, which the Examiner is interpreting the workflow steps to encompass the claimed portion.)
As per claim 5, DeSimas discloses the method of claims 1 and 3 as described above. DeSimas further teaches further comprising:
the setting component further comprising an add control, and in response to triggering the add control of the setting component, displaying a newly added setting component behind the setting component (See Figs. 17-19 and [0079]-[0080]: Each step in the workflow would have at least one display screen associated with it, and within that display screen, dialog boxes may pop up, as needed to induce user interaction if needed, which the Examiner is interpreting dialog boxes may pop up to encompass a newly added setting component behind the setting component); or,
after setting the target function at the setting bar of the setting component, displaying a newly added setting component behind the setting component.
As per claim 6, DeSimas discloses the method of claims 1, 3, and 5 as described above. DeSimas further teaches further comprising: in response to the target function set at the setting bar of the setting component being a sample discharge related function, hiding the add control behind the setting component, or stopping addition of a new setting component (See [0031]: The workflow application is made considerably more flexible by the ability to import new tests and associated parameter settings, which the Examiner is interpreting the associated parameter settings to encompass in response to the target function set at the setting bar of the setting component being a sample discharge related function, hiding the add control behind the setting component, or stopping addition of a new setting component as the workflow application stores the workflow steps and associated parameter settings that allow the workflow application to not only guide the user but also configure the underlying research software application.)
As per claim 9, DeSimas discloses the method of claim 1 as described above. DeSimas further teaches wherein the determining the target sample applying the scheduling strategy comprises:
determining the target sample applying the scheduling strategy according to at least one of a sample feed position, patient information associated with a sample, a liquid type, a sample type, sample container information, and test item information (See [0029]: The instructions are dynamically generated to automatically take into account workflow-specific options or other sample-specific or chemistry-specific aspects of the test being performed, which the Examiner is interpreting sample-specific to encompass determining the target sample applying the scheduling strategy according to at least one of a sample type.)
As per claim 10, DeSimas discloses the method of claims 1 and 9 as described above. DeSimas further teaches wherein the determining the target sample applying the scheduling strategy according to at least one of the sample feed position, patient information associated with the sample, the liquid type, the sample type, sample container information, and test item information comprises:
providing an application object configuration interface, wherein the application object configuration interface comprises at least one of a sample feed position setting component, a patient information setting component, a liquid type setting component, a sample type setting component, a container information setting component, and an item information setting component (See [0029], [0036]-[0037]: The instructions are dynamically generated to automatically take into account workflow-specific options or other sample-specific or chemistry-specific aspects of the test being performed, which the Examiner is interpreting sample-specific to encompass providing an application object configuration interface, wherein the application object configuration interface comprises at least one of a sample type setting component as the user interface presents a series of “stories” that a user follows);
acquiring sample screening conditions configured in at least one of the sample feed position setting component, the patient information setting component, the liquid type setting component, the sample type setting component, the container information setting component, and the item information setting component (See [0063]-[0065]: The managers do more than merely provide the user with a story to guide them in performing the prescribed steps of the workflow, the managers also perform computations, unique to the tasks being performed, to inject expert knowledge into the workflow, which the Examiner is interpreting the prescribed steps of the workflow to encompass acquiring sample screening conditions configured in at least one of the sample type setting component); and
determining the target sample applying the scheduling strategy according to the sample screening conditions (See [0063]-[0065]: The managers do more than merely provide the user with a story to guide them in performing the prescribed steps of the workflow, the managers also perform computations, unique to the tasks being performed, to inject expert knowledge into the workflow, which the Examiner is interpreting the prescribed steps of the workflow to encompass determining the target sample applying the scheduling strategy according to the sample screening conditions.)
As per claim 11, DeSimas discloses the method of claims 1 and 9-10 as described above. DeSimas further teaches wherein a method for acquiring the sample screening conditions configured at the sample feed position setting component comprises:
displaying the sample feed position setting component and acquiring a sample feed position attribute set through the sample feed position setting component, wherein the sample feed position attribute comprises at least one of a target drawer and a target sample box (See Fig. 8 and [0042]-[0043]: A grid software component known as the Ultimate Grid, available from Hallogram Publishing, Inc. Grids are used to show/select target, sample, and controls information in the Plate Setup Process, which the Examiner is interpreting many plate map views representing the plate and the premix volumes, sample volumes, and controls volumes on the plate by location to encompass the sample feed position attribute comprises at least one of a target drawer and a target sample box); and
determining sample screening conditions set from the dimension of the sample feed position according to the sample feed position attribute (See [0031]: The workflow application stores the workflow steps and associated parameter settings that allow the workflow application to not only guide the user but also configure the underlying research software application (e.g., SDS), which the Examiner is interpreting associated parameter settings to encompass the claimed portion.)
As per claim 12, DeSimas discloses the method of claims 1 and 9-11 as described above. DeSimas further teaches wherein, in response to the pipeline comprising a plurality of sample feed processing modules, the sample feed position setting component comprises a sample feed module setting area, a drawer setting area, and a sample box setting area (See [0031]: The workflow application stores the workflow steps and associated parameter settings that allow the workflow application to not only guide the user but also configure the underlying research software application (e.g., SDS), which the Examiner is interpreting associated parameter settings to encompass the claimed portion.); and the displaying the sample feed position setting component and acquiring a sample feed position attribute set through the sample feed position setting component comprises:
displaying the sample feed module setting area, the drawer setting area, and the sample box setting area, and displaying sample feed module icons in the sample feed module setting area corresponding to the sample feed processing modules of the pipeline in number (See Fig. 8 and [0042]-[0043]: A grid software component known as the Ultimate Grid, available from Hallogram Publishing, Inc. Grids are used to show/select target, sample, and controls information in the Plate Setup Process, which the Examiner is interpreting many plate map views representing the plate and the premix volumes, sample volumes, and controls volumes on the plate by location to encompass the claimed portion);
after acquiring a selected sample feed module icon, determining a target sample feed processing module, and displaying drawer icons in the drawer setting area corresponding to drawers of the target sample feed processing module in number (See [0036]: Each story is made up of a sequence of pages which in turn may be displayed in a wizard-style dialogue, these dialogues handle a given workflow instruction or workflow process, such as instructing the user on setting up a plate, pipetting a plate, running a plate in the instrument, viewing the results, and so forth, which the Examiner is interpreting instructing the user on setting up a plate, pipetting a plate, running a plate in the instrument, viewing the results, and so forth to encompass a target sample feed processing module, and displaying drawer icons in the drawer setting area corresponding to drawers of the target sample feed processing module in number); a layout of the drawer icons corresponding to an actual layout of the drawers in the target sample feed processing module (See [0036]: Each story is made up of a sequence of pages which in turn may be displayed in a wizard-style dialogue, these dialogues handle a given workflow instruction or workflow process, such as instructing the user on setting up a plate, pipetting a plate, running a plate in the instrument, viewing the results, and so forth, which the Examiner is interpreting instructing the user on setting up a plate, pipetting a plate, running a plate in the instrument, viewing the results, and so forth to encompass a layout of the drawer icons corresponding to an actual layout of the drawers in the target sample feed processing module);
after acquiring a selected drawer icon, determining a target drawer to obtain the sample feed position attribute, wherein the sample feed position attribute comprises the target sample feed processing module and the target drawer (See [0036]: Each story is made up of a sequence of pages which in turn may be displayed in a wizard-style dialogue, these dialogues handle a given workflow instruction or workflow process, such as instructing the user on setting up a plate, pipetting a plate, running a plate in the instrument, viewing the results, and so forth, which the Examiner is interpreting instructing the user on setting up a plate, pipetting a plate, running a plate in the instrument, viewing the results, and so forth to encompass determining a target drawer to obtain the sample feed position attribute, wherein the sample feed position attribute comprises the target sample feed processing module and the target drawer); or
after acquiring a selected drawer icon, determining a target drawer, and displaying sample box icons in the sample box setting area corresponding to sample boxes in the target drawer in number, a layout of the sample box icons corresponding to an actual layout of the sample boxes in the target drawer; and
after acquiring a selected sample box icon, determining a target sample box to obtain the sample feed position attribute, wherein the sample feed position attribute comprises the target sample feed processing module, the target drawer, and the target sample box (See [0036]: Each story is made up of a sequence of pages which in turn may be displayed in a wizard-style dialogue, these dialogues handle a given workflow instruction or workflow process, such as instructing the user on setting up a plate, pipetting a plate, running a plate in the instrument, viewing the results, and so forth, which the Examiner is interpreting instructing the user on setting up a plate, pipetting a plate, running a plate in the instrument, viewing the results, and so forth to encompass determining a target sample box to obtain the sample feed position attribute, wherein the sample feed position attribute comprises the target sample feed processing module, the target drawer, and the target sample box); or,
in response to the pipeline comprising one sample feed processing module, the sample feed position setting component comprises the drawer setting area and the sample box setting area (See [0036]: Each story is made up of a sequence of pages which in turn may be displayed in a wizard-style dialogue, these dialogues handle a given workflow instruction or workflow process, such as instructing the user on setting up a plate, pipetting a plate, running a plate in the instrument, viewing the results, and so forth, which the Examiner is interpreting instructing the user on setting up a plate, pipetting a plate, running a plate in the instrument, viewing the results, and so forth to encompass the sample feed position setting component comprises the drawer setting area and the sample box setting area); and
the displaying the sample feed position setting component and acquiring a sample feed position attribute set through the sample feed position setting component comprises:
displaying the drawer setting area and the sample box setting area, and displaying drawer icons in the drawer setting area corresponding to drawers of the sample feed processing module in number (See [0036]: Each story is made up of a sequence of pages which in turn may be displayed in a wizard-style dialogue, these dialogues handle a given workflow instruction or workflow process, such as instructing the user on setting up a plate, pipetting a plate, running a plate in the instrument, viewing the results, and so forth, which the Examiner is interpreting instructing the user on setting up a plate, pipetting a plate, running a plate in the instrument, viewing the results, and so forth to encompass displaying the drawer setting area and the sample box setting area, and displaying drawer icons in the drawer setting area corresponding to drawers of the sample feed processing module in number); a layout of the drawer icons corresponding to an actual layout of the drawers in the sample feed processing module (See [0036]: Each story is made up of a sequence of pages which in turn may be displayed in a wizard-style dialogue, these dialogues handle a given workflow instruction or workflow process, such as instructing the user on setting up a plate, pipetting a plate, running a plate in the instrument, viewing the results, and so forth, which the Examiner is interpreting instructing the user on setting up a plate, pipetting a plate, running a plate in the instrument, viewing the results, and so forth to encompass a layout of the drawer icons corresponding to an actual layout of the drawers in the sample feed processing module);
after acquiring a selected drawer icon, determining a target drawer to obtain the sample feed position attribute, wherein the sample feed position attribute comprises the target drawer (See [0036]: Each story is made up of a sequence of pages which in turn may be displayed in a wizard-style dialogue, these dialogues handle a given workflow instruction or workflow process, such as instructing the user on setting up a plate, pipetting a plate, running a plate in the instrument, viewing the results, and so forth, which the Examiner is interpreting instructing the user on setting up a plate, pipetting a plate, running a plate in the instrument, viewing the results, and so forth to encompass determining a target drawer to obtain the sample feed position attribute, wherein the sample feed position attribute comprises the target drawer); or
after acquiring a selected drawer icon, determining a target drawer, and displaying sample box icons in the sample box setting area corresponding to sample boxes in the target drawer in number, a layout of the sample box icons corresponding to an actual layout of the sample boxes in the target drawer; and
after acquiring a selected sample box icon, determining a target sample box to obtain the sample feed position attribute, wherein the sample feed position attribute comprises the target drawer and the target sample box (See [0036]: Each story is made up of a sequence of pages which in turn may be displayed in a wizard-style dialogue, these dialogues handle a given workflow instruction or workflow process, such as instructing the user on setting up a plate, pipetting a plate, running a plate in the instrument, viewing the results, and so forth, which the Examiner is interpreting instructing the user on setting up a plate, pipetting a plate, running a plate in the instrument, viewing the results, and so forth to encompass determining a target sample box to obtain the sample feed position attribute, wherein the sample feed position attribute comprises the target drawer and the target sample box.)
As per claim 15, DeSimas discloses the method of claim 1 as described above. DeSimas further teaches wherein the processing functions provided by the pipeline comprise: centrifugation, uncovering, classified sample discharge, and serum quality testing (See [0029]-[0031]: The workflow application is designed to load data into the underlying research software application (such as the SDS software of a PCR instrument) and this way the workflow application has knowledge of the test conditions that are assigned to the research software application, which the Examiner is interpreting the workflow application has knowledge of the test conditions that are assigned to the research software application to encompass centrifugation, uncovering, classified sample discharge, and serum quality testing as the instructions are dynamically generated to automatically take into account workflow-specific options or other sample-specific or chemistry-specific aspects of the test being performed.)
As per claim 16, DeSimas discloses the method of claims 1 and 3 as described above. DeSimas further teaches wherein the classified sample discharge refers to placing samples of specified types into sample boxes of specified types according to a preset classification rule during sample discharge, and the preset classification rule comprises a placement position of each type of samples in a sample discharge drawer, with each placement position corresponding to the type of the sample boxes in the sample discharge drawer (See [0029]-[0031], [0064]-[0073]: The workflow application is designed to load data into the underlying research software application (such as the SDS software of a PCR instrument) and this way the workflow application has knowledge of the test conditions that are assigned to the research software application, which the Examiner is interpreting the workflow application has knowledge of the test conditions that are assigned to the research software application to encompass the classified sample discharge refers to placing samples of specified types into sample boxes of specified types according to a preset classification rule during sample discharge, and the preset classification rule comprises a placement position of each type of samples in a sample discharge drawer, with each placement position corresponding to the type of the sample boxes in the sample discharge drawer as the instructions are dynamically generated to automatically take into account workflow-specific options or other sample-specific or chemistry-specific aspects of the test being performed.)
As per claim 17, DeSimas discloses the method of claims 1 and 3 as described above. DeSimas further teaches wherein the processing content configuration interface further comprises a name setting area for setting a configuration name of the scheduling strategy (See [0037]: The setup manager validates whether a duplicate sample name is trying to be entered on behalf of the user interface components, which the Examiner is interpreting setup manager validates whether a duplicate sample name to encompass a name setting area for setting a configuration name of the scheduling strategy.)
As per claim 18, DeSimas discloses the method of claims 1 and 3 as described above. DeSimas further teaches wherein the processing content configuration interface further comprises an enable switch, the scheduling strategy is enabled or disabled by configuring the enable switch (See [0077]-[0078]: The run manager gives the user a simple “Start” button, and when this button is pressed, the run manager takes charge and performs the proper run steps in the proper sequence for the user, which the Examiner is interpreting the button to encompass an enable switch, the scheduling strategy is enabled or disabled by configuring the enable switch.)
As per claim 19, DeSimas discloses the method of claims 1 and 9-10 as described above. DeSimas further teaches wherein the sample feed position setting component is configured to set sample feed position screening conditions to specify a sample at a specific sample feed position as the target sample applying the scheduling strategy, and,
the patient information setting component is configured to set patient information screening conditions, to determine a sample about patient information that conforms to setting conditions as the target sample applying the scheduling strategy, and,
the liquid type setting component is configured to set liquid type screening conditions, to specify a sample of a specific liquid type as the target sample applying the scheduling strategy, and,
the sample type setting component is configured to set sample type screening conditions, to specify a sample of a specific sample type as the target sample applying the scheduling strategy (See [0029], [0036]-[0037]: The instructions are dynamically generated to automatically take into account workflow-specific options or other sample-specific or chemistry-specific aspects of the test being performed, which the Examiner is interpreting sample-specific to encompass the sample type setting component is configured to set sample type screening conditions, to specify a sample of a specific sample type as the target sample applying the scheduling strategy as the user interface presents a series of “stories” that a user follows. As claim 19 depends on claim 10, and claim 10 recites "at least one of" the Examiner has rejected claim 19 based on the selection of "the sample type"), and,
the item information setting component is configured to set test item screening conditions, to specify a sample including a specific test item as the target sample applying the scheduling strategy, and,
the container information setting component is configured to set container information screening conditions, to specify a sample within a specific container as the target sample applying the scheduling strategy.
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.
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 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over DeSimas et al. (U.S. Patent Pre-Grant Publication No. 2016/0086106) in view of Rao (U.S. Patent Pre-Grant Publication No. 2012/0331149).
As per claim 7, DeSimas discloses the method of claims 1 and 3 as described above. DeSimas may not explicitly teach wherein the setting component further comprises a delete control, and the method further comprises:
in response to triggering the delete control, deleting at least one of the following: the setting component or the target function set at the setting bar of the setting component.
Rao teaches a method wherein the setting component further comprises a delete control, and the method further comprises:
in response to triggering the delete control, deleting at least one of the following: the setting component or the target function set at the setting bar of the setting component (See [0069]-[0070]: FIG. 4 illustrates several management operations that may be taken with respect to objects such as objects 161-165, including a Create 182, a Delete 183, a Get 184, a Set 185, a Copy, or "Clone," 186, an Update 187 and a Transform 188.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed to modify the method of DeSimas to include in response to triggering the delete control, deleting at least one of the following: the setting component or the target function set at the setting bar of the setting component as taught by Rao. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify DeSimas with Rao with the motivation of providing templates for the orchestration of workflows (See Summary of Rao in Paragraph [0002]).
As per claim 8, DeSimas discloses the method of claims 1 and 4 as described above. DeSimas may not explicitly teach wherein the in response to acquiring the plurality of target functions set at the setting bars of the plurality of setting components, acquiring the processing order of the target functions comprises:
in response to acquiring a trigger operation for a first setting bar of a first setting component, displaying a first candidate function list, wherein the first candidate function list comprises processing functions provided by the pipeline;
acquiring a first target function selected from the first candidate function list;
for an (N-1)th setting component and an Nth setting component which are adjacent in the plurality of setting components, acquiring a trigger operation for an Nth setting bar of the Nth setting component, and according to an (N-1)th target function set at an (N-1)th setting bar of the (N-1)th setting component, displaying an Nth candidate function list, and acquiring an Nth target function selected from the Nth candidate function list, wherein N>2, and the Nth candidate function list comprises other functions that the pipeline can continue to process the target sample after processing the target sample with the (N-1)th target function; and
according to an order of the setting components, acquiring a processing order of the target functions.
Rao teaches a method wherein the in response to acquiring the plurality of target functions set at the setting bars of the plurality of setting components, acquiring the processing order of the target functions comprises:
in response to acquiring a trigger operation for a first setting bar of a first setting component, displaying a first candidate function list, wherein the first candidate function list comprises processing functions provided by the pipeline (See [0078]-[0079]: A SetSubGroup used to set the states of all members in the group that satisfy a filter criteria, which the Examiner is interpreting satisfy a filter criteria to encompass a first candidate function list, wherein the first candidate function list comprises processing functions provided by the pipeline);
acquiring a first target function selected from the first candidate function list (See [0064]-[0068]:TargetObject is the target object for both unary and binary operations, which the Examiner is interpreting TargetObject to encompass a first target function as those member objects that result in a filter being TRUE are returned as a group of the same type as the original group ([0079]));
for an (N-1)th setting component and an Nth setting component which are adjacent in the plurality of setting components, acquiring a trigger operation for an Nth setting bar of the Nth setting component, and according to an (N-1)th target function set at an (N-1)th setting bar of the (N-1)th setting component, displaying an Nth candidate function list, and acquiring an Nth target function selected from the Nth candidate function list, wherein N>2, and the Nth candidate function list comprises other functions that the pipeline can continue to process the target sample after processing the target sample with the (N-1)th target function (See Fig. 10 and [0082]-[0084]: A composition of normalized infrastructure operations such as operational workflow 250 may be applied in a sequence such that the input to the N.sup.th operation is the output of the N-1.sup.th operation and the output of the N.sup.th operation in turn becomes the input of the N+1.sup.th operation, one constraint is that input and output types match, which the Examiner is interpreting the process recited in Rao to encompass the claimed portion); and
according to an order of the setting components, acquiring a processing order of the target functions (See [0082]: The ordering is derived from the particular sequence in which the operations are applied.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed to modify the method of DeSimas to include acquiring a first target function selected from the first candidate function list; for an (N-1)th setting component and an Nth setting component which are adjacent in the plurality of setting components, acquiring a trigger operation for an Nth setting bar of the Nth setting component, and according to an (N-1)th target function set at an (N-1)th setting bar of the (N-1)th setting component, displaying an Nth candidate function list, and acquiring an Nth target function selected from the Nth candidate function list, wherein N>2, and the Nth candidate function list comprises other functions that the pipeline can continue to process the target sample after processing the target sample with the (N-1)th target function; and according to an order of the setting components, acquiring a processing order of the target functions as taught by Rao. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify DeSimas with Rao with the motivation of providing templates for the orchestration of workflows (See Summary of Rao in Paragraph [0002]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Dalton (U.S. Patent Pre-Grant Publication No. 2011/0276339), describes systems and methods are provided including a system for managing patient data.
Todd et al. (U.S. Patent Pre-Grant Publication No. 2020/0243190), describes a system and methods for providing laboratory-based authorization of genetic testing.
Ahmed et al. (“Design considerations for workflow management systems use in production genomics research and the clinic”), describes Scientific Workflow Management Systems (WfMSs) automate computational analyses by stringing together individual data processing tasks into cohesive pipelines.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bennett S Erickson whose telephone number is (571)270-3690. The examiner can normally be reached Monday - Friday: 9:00am - 5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Morgan can be reached at (571) 272-6773. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Bennett Stephen Erickson/Primary Examiner, Art Unit 3683
Prosecution Insights