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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 14 July 2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-21 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement:
The new limitation in independent claims 1 and 16 “wherein the groove is provided around a circumference of the support portion” is new matter. The only mention of the groove in the application as originally filed is "a lower edge of the enclosure 14 may be coupled to a groove (not shown) formed in the support portion 20". There is no indication that “the groove is provided around a circumference of the support portion”. Depending claims 2-15 and 17-21 fall with their respective independent claims concerning this issue.
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.
Claims 16-21 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. In independent claim 16, concerning the first recitation of “the guide element”, there is lack of antecedent basis. It is further confusing that after the first recitation of “the guide element”, “a guide element” is recited and then a second recitation of “the guide element”. Dependent claims 17-21 fall with the independent claim concerning this issue.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 3, 5, 7-9, 13-16, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Blackdiamond (US 10,591,138) in view of Luck (US 3,694,241):
Regarding claim 1, Blackdiamond discloses mixing system comprising: a base module comprising: a base support (120) including a support portion; a drive unit (901) disposed within the base support; a drive shaft (902) coupled to the drive unit; and a drive head (903) coupled to the drive unit via the drive shaft and disposed within the base support, wherein the drive head comprises a first magnet (see col. 6, lines 25-35); a mixing unit comprising: a guide element (118); and an agitator (904) slidably coupled to the guide element, wherein the agitator comprises a second magnet and at least one vane (see col. 6, line 19) and wherein the agitator is configured to be pushed downwards along the guide element due to the force of gravity (see Fig. 9) unaided by any additional forces (see col. 6, line 6: "freely translates"); an enclosure (110) coupled to the base support and enclosing the guide element and the agitator, wherein the drive unit and the drive head are configured to generate a linear pulsating movement of the agitator along the guide element for mixing a fluid medium within the enclosure (see Fig. 9 and col. 6 lines 45-47), such that the agitator is a linear pulsating agitator (see “up and down” in col. 6, line 47 and the quadruple-headed bidirectional arrow in Fig. 9). However, the base support having a groove that couples a lower edge of the enclosure is not disclosed. Luck teaches a base support (3a) including a support portion (a central portion of 3a) having a groove that couples a lower edge of the enclosure (3) wherein the groove is provided around a circumference of the support portion (see Figs. V and VI). It would have been obvious for one of ordinary skill in the art before the effective filing date to have provided an edge coupling groove as taught by Luck, to facilitate assembly, disassembly and cleaning.
Regarding claim 3, the drive unit comprises a rotary actuator (901) configured to generate a rotary motion of the drive head.
Regarding claim 5, the first magnet is a permanent magnet (see Fig. 9).
Regarding claim 7, the second magnetic is a permanent magnet (see Fig. 9).
Regarding claim 8, the first magnet comprises a first pole and the second magnet comprises a second pole disposed facing the first pole, and wherein the first and second poles have same polarities (see Fig. 9).
Regarding claim 9, the at least one vane comprises a plurality of side portions and a mid-portion, wherein each side portion extends outward from the mid portion at a predefined angle (see Figs. 5B and 9).
Regarding claim 13, the enclosure is a vessel (110).
Claim 14 solely related to the use of the claimed device, rather than further structurally limiting the claimed structure.
Regarding claim 15, control unit (190) is disclosed.
Regarding claim 16, Blackdiamond discloses a method of operating a mixing system, comprising: driving an agitator (904) by a drive unit (901) of a base module via a drive shaft (902) and a drive head (903); wherein the drive unit and the drive head are disposed within a base support (120) of the base module, wherein the drive head comprises a first magnet (see col. 6, lines 25-35), and wherein the agitator comprises a second magnet and at least one vane (see col. 6, line 19) and wherein the agitator is configured to be pushed downwards along the guide element (118) due to the force of gravity (see Fig. 9), unaided by any additional forces (see col. 6, line 6: "freely translates"); and generating a linear pulsating movement (see Fig. 9 and col. 6 lines 45-47) of the agitator along a guide element (118) for mixing a fluid medium within an enclosure, such that the agitator is a linear pulsating agitator (see “up and down” in col. 6, line 47 and the quadruple-headed bidirectional arrow in Fig. 9), wherein the enclosure encloses the guide element and the agitator, wherein the base support includes a support portion. However, the base support having a groove that couples a lower edge of the enclosure is not disclosed. Luck teaches a base support (3a) including a support portion (a central portion of 3a) having a groove that couples a lower edge of the enclosure (3) wherein the groove is provided around a circumference of the support portion (see Figs. V and VI). It would have been obvious for one of ordinary skill in the art before the effective filing date to have provided an edge coupling groove as taught by Luck, to facilitate assembly, disassembly and cleaning.
Regarding claim 19, generating the linear pulsating movement of the agitator comprises moving the agitator upwards resulting in downward flow of the fluid medium and moving the agitator downwards resulting in upward flow of the fluid medium (see Fig. 9).
Regarding claim 20, the drive unit is controlled by control unit (190).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Blackdiamond (US 10,591,138) in view of Luck (US 3,694,241) as applied to claim 1 above, and further in view of Godat US 4,380,399). A vane having a coiled plate configuration in not explicitly disclosed by Blackdiamond. Godat teaches a vane (4) have a coiled plate configuration. It would have been obvious for one of ordinary skill in the art before the effective filing date to have provided a vane of Blackdiamond with a coiled plate configure as taught by Godat, because Blackdiamond expressly suggests utilizing alternative configuration vanes in col. 5, lines 58-59.
Claims 1, 3-9, 13-16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Werth (US 2015/0023132) in view of Blackdiamond (US 10,591,138) and Luck (US 3,694,241):
Regarding claim 1, Werth discloses a mixing system comprising a base module comprising: a drive unit (80 or a portion thereof); a drive shaft (see Figs. 41 and 42) coupled to the drive unit; and a drive head (82) coupled to the drive unit via the drive shaft and disposed within the base support, wherein the drive head comprises a first magnet (84,86); a mixing unit comprising a guide element (28); and an agitator (2) slidably coupled to the guide element, wherein the agitator comprises a second magnet (16) and at least one vane (96 for example) and wherein the agitator is configured to be pushed downwards along the guide element due to the force of gravity unaided by any addition forces (see Figs. 41 and 42); an enclosure (34 or 78) coupled to the base support and enclosing the guide element and the agitator, wherein the drive unit and the drive head are configured to generate a linear pulsating movement of the agitator along the guide element for mixing a fluid medium within the enclosure (see Figs. 38-42), such that the agitator is a linear pulsating agitator (see [0056] “rotation of the rotatable drive device or periodic energization of the electromagnetic drive can cause reciprocation of the mixing assembly”). However, locating the drive unit in a base support is not explicitly disclosed. Blackdiamond teaches locating a drive unit (901) in a base support (120). It would have been obvious to one of ordinary skill in the art to located the drive unit in a base support, to protect the drive unit. However, the base support having a groove that couples a lower edge of the enclosure is not disclosed. Luck teaches a base support (3a) including a support portion (a central portion of 3a) having a groove that couples a lower edge of the enclosure (3) wherein the groove is provided around a circumference of the support portion (see Figs. V and VI). It would have been obvious for one of ordinary skill in the art before the effective filing date to have provided an edge coupling groove as taught by Luck, to facilitate assembly, disassembly and cleaning.
Regarding claim 3, the drive unit comprises a rotary actuator (80 or a portion thereof) configured to generate a rotary motion of the drive head.
Regarding claim 4, the magnets are permanent magnets in the embodiment of Figs. 41 and 42 (see also 0069]); however, as explained in [0056], electromagnets are a recognized alternative.
Regarding claim 5, the magnets are permanent magnets in the embodiment of Figs. 41 and 42 (see also 0069]).
Regarding claim 6, the magnets are permanent magnets in the embodiment of Figs. 41 and 42 (see also 0069]); however, as explained in [0056], electromagnets are a recognized alternative.
Regarding claim 7, the magnets are permanent magnets in the embodiment of Figs. 41 and 42 (see also 0069]).
Regarding claim 8, Werth teaches a first magnet comprises a first pole and a second magnet comprises a second pole disposed facing the first pole, and wherein the first and second poles have same polarities (see [0132]).
Regarding claim 9, the at least one vane comprises a plurality of side portions and a mid- portion, wherein each side portion extends outward from the mid-portion at a predefined angle (see Fig. 36).
Regarding claim 13, the enclosure is a vessel (34 or 78).
Claim 14 solely relates to the use of the claimed device, rather than further structurally limiting the claimed structure.
Regarding claim 15, Blackdiamond further teaches a control unit (190).
Regarding claim 16, Werth discloses a method of operating a mixing system, comprising driving an agitator (2) by a drive unit (80 or a portion thereof) of a base module via a drive shaft (see Figs. 41 and 42) and a drive head (82), wherein the drive head comprises a first magnet (84,86), and wherein the agitator comprises a second magnet (16) and at least one vane (96 for example) and wherein the agitator is configured to be pushed downwards along the guide element due to the force of gravity, unaided by any additional forces (see Figs. 41 and 42); and generating a linear pulsating movement (see [0056] “rotation of the rotatable drive device or periodic energization of the electromagnetic drive can cause reciprocation of the mixing assembly”) of the agitator along a guide element for mixing a fluid medium within an enclosure (34 or 78), such that the agitator is a linear pulsating agitator(see [0056] “rotation of the rotatable drive device or periodic energization of the electromagnetic drive can cause reciprocation of the mixing assembly”), wherein the enclosure encloses the guide element and the agitator. However, locating the drive unit in a base support is not explicitly disclosed. Blackdiamond teaches locating a drive unit (901) in a base support (120). It would have been obvious to one of ordinary skill in the art to located the drive unit in a base support, to protect the drive unit. However, the base support having a groove that couples a lower edge of the enclosure is not disclosed. Luck teaches a base support (3a) including a support portion (a central portion of 3a) having a groove that couples a lower edge of the enclosure (3) wherein the groove is provided around a circumference of the support portion (see Figs. V and VI). It would have been obvious for one of ordinary skill in the art before the effective filing date to have provided an edge coupling groove as taught by Luck, to facilitate assembly, disassembly and cleaning.
Regarding claim 18, generating the linear pulsating movement of the agitator comprises: rotating the drive head to push the agitator upwards due to a repulsive magnetic force when the first magnet is aligned with second magnet and move the agitator downwards due to a gravitational force when the first magnet is not aligned with the second magnet, wherein the first magnet comprises a first pole and the second magnet comprises a second pole disposed facing the first pole, and wherein the first and second poles have same polarities (see Figs. 41 and 42).
Regarding claim 19, generating the linear pulsating movement of the agitator comprises moving the agitator upwards resulting in downward flow of the fluid medium and moving the agitator downwards resulting in upward flow of the fluid medium (see Figs. 41 and 42).
Regarding claim 20, Blackdiamond further teaches a control unit (190) controlling a drive unit.
Claims 2, 11, 12, 17 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Werth (US 2015/0023132) in view of Blackdiamond (US 10,591,138) and Luck (US 3,694,241) as applied above, and further in view of Mennenga et al. (US 9,095,828):
Regarding claim 2, Werth and Blackdiamond do not teach the drive unit being a linear actuator that generates a linear motion of the drive head. Mennenga teaches linear actuator (4) that generates a linear motion of the drive head. It would have been obvious for one of ordinary skill in the art before the effective filing date to have utilized the linear actuator of Mennenga because, as explained in [0056] of Werth, varying the drive mechanism is suggested.
Regarding claim 11, Mennenga further teaches a mixing container being a bag (13).
Regarding claim 12, Werth, Blackdiamond and Luck each teach an enclosure being a vessel (“110” for Blackdiamond, 34 or 78 for Werth and 3 or 29 for Luck). It would have been obvious to one of ordinary skill in the art before the effective filing date to have enclosed the bag in a vessel to reinforce the bag.
Regarding claim 17, Werth and Blackdiamond do not teach the drive unit being a linear actuator that generates a linear motion of the drive head. Mennenga teaches linear actuator (4) that generates a linear motion of the drive head. It would have been obvious for one of ordinary skill in the art before the effective filing date to have utilized the linear actuator of Mennenga because, as explained in [0056] of Werth, varying the drive mechanism is suggested.
Regarding claim 21, the phrase in Mennenga "flexible disposable containers in pharmacology and biotechnology for liquids in production processes" would have suggested culture medium to one of ordinary skill in the art before the effective filing date.
Response to Arguments
Contrary to applicant’s remarks, unlike the instant applicant which acknowledges that the claimed groove is “not shown”, Luck depicts in Fig. V the groove in support portion 3a. Seal 41 is located in the groove. The lower edge of the enclosure (3 or 39) couples to the groove via the seal.
Blackdiamond discloses linear pulsation. See “up and down” in col. 6, line 47 and the quadruple-headed bidirectional arrow in Fig. 9.
Werth discloses linear pulsation. See [0056] “rotation of the rotatable drive device or periodic energization of the electromagnetic drive can cause reciprocation of the mixing assembly”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID L SORKIN whose telephone number is (571)272-1148. The examiner can normally be reached 7am-3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire X Wang can be reached at (571) 270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DAVID L. SORKIN
Examiner
Art Unit 1774
/DAVID L SORKIN/Primary Examiner, Art Unit 1774
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