DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Amendment
The Amendment filed on 10/2/2025 has been entered. Claims 1, 5 and 6 remain pending in the application.
Claim Objections
Claim 6 is objected to because of the following informalities: Line 2 should read “silicone” and not “silicon.” Appropriate correction is required.
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 pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 1, 5 and 6 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by WO 2010/113990 A1 as translated by United States Application Publication No. 2012/0077262, hereinafter Takei.
Regarding claim 1, Takei teaches a thawing apparatus comprising (figures 1 and 11): (a) one or more compartments (item 97) into which a container comprising frozen biological material may be thawed (intended use MPEP § 2114 (II)), wherein said one or more compartments comprise a cuff (items 95 and 96) into which said container is inserted which fits around the container (figure 11): (b) a pump (item 7): (c) a heating element (item 5) located within or adjacent to said pump (figure 1); and (d) an enclosed channel (paragraph [0049]) that connects said pump with said cuff of said one or more compartments (figures 1 and 11), wherein said heating element heats a fluid to form a heated fluid that said pump pumps through the enclosed channels to said cuffs (paragraph [0049]).
Regarding claim 5, Takei teaches wherein said cuff comprise a compressible material (paragraph [0068]).
Regarding claim 6, Takei teaches wherein said compressible material comprises rubber (paragraph [0068]).
Response to Arguments
Applicant’s arguments, see page 3, filed 10/2/2025, with respect to the rejection(s) of claim(s) 1, 5 and 6 under 102(b) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Takei.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. United States Patent No. 6,734,398 which teaches an apparatus with compartments, a cuff, a pump, a heating element and an enclosed channel.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW D KRCHA whose telephone number is (571)270-0386. The examiner can normally be reached M-Th 7am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Elizabeth Robinson can be reached at (571)272-7129. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW D KRCHA/ Primary Examiner, Art Unit 1796
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