DETAILED CORRESPONDENCE
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Status
Claims 1, 3-7, 9-15, 17-18 are pending.
Response to Amendments
As to the claim amendments filed on 1/7/26, the previous claim objections are withdrawn.
Based on the claim amendments, the previous 101 rejections and 112(b) rejections are withdrawn.
Regarding the claim amendments and remarks, filed on 1/7/26, the previous prior art rejection is withdrawn and a new and modified prior art rejection has been set forth.
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, 3-7, 9-15, 17-18 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 claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1, 7, and 13 have been amended to recite that the six posts are “linearly spaced about 2/3 of the distance from the central midpoint to the peripheral flange of the top portion”. Support for the newly added limitation of the instant claims was not found by the examiner in the original disclosure, as no mention of six posts being “linearly spaced about 2/3 of the distance from the central midpoint to the peripheral flange of the top portion” exists in the disclosure. The examiner notes that nowhere in the instant specification is 2/3 distance discussed, and that the drawings are not discussed as being drawn to scale. Further, pages 4-5 of the instant specification do provide dimensions for the spacing, but the dimensions are such that the posts are 10 mm from the periphery and 32 mm from the center, which would be about 3/4 of the distance; however, this distance is not considered “about 2/3 the distance”. Thus, the limitations that the six posts are “linearly spaced about 2/3 of the distance from the central midpoint to the peripheral flange of the top portion” is considered new matter. Claims 3-6, 9-12, 14-15, 17-18 are rejected based on further claim dependency.
Claim Rejections - 35 USC § 103
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.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3-7, 9-18 are rejected under 35 U.S.C. 103 as being unpatentable over Cha, M (US 20190264251; hereinafter “Cha”; already of record) alone or, alternatively, in view of Melvin et al (US 20210309952; hereinafter “Melvin”; already of record).
As to claim 1, Cha teaches a cover for a Petri dish including a base portion having a continuous peripheral sidewall for holding a layer of a gel medium having a predetermined depth for growing micro-organisms, the cover comprising.: a top portion having an inner surface, and a depending integral peripheral flange for receiving the sidewall of the base portion in a closed position; and six posts depending orthogonally from the inner surface of the of the top portion to free distal ends, the posts being sufficiently long such that the free distal ends of the posts extend into the liquid gel medium when the cover is in the closed position, wherein the posts cause an array of wells to form in the surface of the hardened gel medium corresponding to the depth of penetration of the posts into the medium (Cha teaches inserting a cover 120 which has a plurality of posts 121 into a dish 110, where the posts are placed in a gel solution which is then formed into the shape of the gel and once the gel is solidified then the cover is removed; Figs. 11,12, [64-65, 76-92]. Cha teaches the gel; [13-15, 18, 43, 50, 59, 64-65]).
Note: The instant Claims contain a large amount of functional language (ex: “configured to…”). However, functional language does not add any further structure to an apparatus beyond a capability. Apparatus claims must distinguish over the prior art in terms of structure rather than function (see MPEP 2114 and 2173.05(g)). Therefore, if the prior art structure is capable of performing the function, then the prior art meets the limitation in the claims.
Cha teaches that the top portion is can be various shapes for use with a corresponding petri dish base portion (Cha teaches that the tray, and therefore the corresponding top cover portion, can be various shapes so long as it can accommodate a gel, including a well plate; [78-81]). Cha does not teach that the petri dish is circular with a central midpoint. It would have been obvious to one of ordinary skill in the art to change the shape of the tray and the corresponding mold/lid to have been circular as an obvious variant because one of ordinary skill in the art would understand that cell-culture trays come in a variety of shapes such as rectangular well plates and circular petri dishes, and it would have been obvious to have selected any of the trays as they are all formed of the same material and all assist in culturing of cells, since it has been held that changes in shape are not patentably distinct from prior art (MPEP 2144.04 IV. B). Alternatively, Melvin teaches the analogous art of agarose in a tray, where the tray is a petri dish which has a circular bottom and corresponding lid/top (Melvin; Fig. 3A). Melvin teaches that there is no difference in growth of cells in a petri dish (TCP) compared to agarose on TCP (Petri dish), providing that it is well known to use a petri dish for cellular experiments (Melvin; [43, 55, 87]). It would have been obvious to have modified the experiment with the tray holding agarose of Cha to have been a circular petri dish with corresponding circular top/bottom as in Melvin because Melvin teaches that circular petri dishes are commonly used for experiments (Melvin [55, 87]) and because Melvin teaches that rectangular well plates and circular petri dishes are commonly used variants depending on intended analysis methods (Melvin; [43, 79]).
Cha teaches that there are varying numbers of posts spaced evenly apart (Cha teaches in Figures 7-9 that the number of posts can vary and that they are evenly spaced apart). Cha does not teach that there are six posts circumferentially spaced around the central midpoint about 60 degrees from one another and linearly spaced about 2/3 of the distance from the central midpoint to the peripheral flange of the top portion. However, without some statement of criticality or unexpected results, it would have been obvious to one of ordinary skill in the art at the time the invention was made to rearrange the posts and change the number of posts that are evenly spaced apparat in Cha to be six posts evenly spaced circumferentially around, and to be linearly spaced about 2/3 of the distance from the central midpoint to the peripheral flange of the top portion, in order to allow for even post spacing so that the gel mold provided robust and evenly spaced experimental wells without being too close so as to compromise the well integrity while also being spaced far enough apart such that multiple wells could be created to optimize and save space/laboratory consumables since it has been generally recognized that to shift location of parts when the operation of the device is not otherwise changed is within the level of ordinary skill in the art, In re Japikse, 86 USPQ 70; In re Gazda, 104 USPQ 400. The modification of spacing and number would not have modified the operation of the posts of Cha, and would have been an obvious matter of design choice (See MPEP 2144.04 VI. C). Further still, it would have been obvious to a person having ordinary skill in the art to modify Cha’s posts that are present in a circular petri dish (see modification above) to be six posts evenly spaced circumferentially around, and to be linearly spaced about 2/3 of the distance from the central midpoint to the peripheral flange of the top portion for the purpose of providing even post spacing so that the gel mold provided robust and evenly spaced experimental wells without being too close so as to compromise the well integrity while also being spaced far enough apart such that multiple wells could be created to optimize and save space/laboratory consumables, since Cha teaches that the shape and number of posts can vary (Cha; [78-81], Fig. 7-9). Therefore, it is evident that Cha recognizes that the shape and post number and corresponding configuration are result effective variables. The examiner notes that applicants, on page 5 of the instant specification, state that the number, spacing, and position or the posts may vary, thereby showing that the instantly claimed configuration is not critical.
As to claim 3, modified Cha teaches the Petri dish cover as recited in claim 1, wherein the gel medium comprises an agar nutrient (Cha teaches agar; [13-15, 18, 43, 50, 59, 64-65]).
As to claim 4, modified Cha teaches the Petri dish cover as recited in claim 1, wherein the posts are cylindrical (Cha teaches cylindrical posts; [86, 88]).
As to claim 5, modified Cha teaches the Petri dish cover as recited in claim 1, wherein the posts have the same or different lengths (Cha teaches the posts can have same or different shapes; [88, 89]).
As to claim 6, modified Cha teaches the Petri dish as recited in claim 1, wherein the distal ends of the posts are planar (Cha teaches cylindrical posts, where cylinders are known to have a planar flat tip/end; [86, 88]).
As to claim 7, Cha teaches a Petri dish for holding a layer of a gel medium having a predetermined depth for growing micro-organisms, the dish comprising: a base portion having a continuous peripheral sidewall; a cover including a top portion having an inner surface, and a depending integral peripheral flange for receiving the sidewall of the base portion in a closed position; and six posts depending orthogonally from the inner surface of the top portion to free distal ends, the posts being sufficiently long such that the free distal ends of the posts extend into the liquid gel medium when the cover is in the closed position, wherein the posts cause an array of wells to form in the surface of the hardened gel medium corresponding to the depth of penetration of the posts into the medium (Cha teaches inserting a cover 120 which has a plurality of posts 121 into a dish 110, where the posts are placed in a gel solution which is then formed into the shape of the gel and once the gel is solidified then the cover is removed; Figs. 11,12, [64-65, 76-92]. Cha teaches the gel; [13-15, 18, 43, 50, 59, 64-65]).
Note: The instant Claims contain a large amount of functional language (ex: “configured to…”). However, functional language does not add any further structure to an apparatus beyond a capability. Apparatus claims must distinguish over the prior art in terms of structure rather than function (see MPEP 2114 and 2173.05(g)). Therefore, if the prior art structure is capable of performing the function, then the prior art meets the limitation in the claims.
Cha teaches that the top portion is can be various shapes for use with a corresponding petri dish base portion (Cha teaches that the tray, and therefore the corresponding top cover portion, can be various shapes so long as it can accommodate a gel, including a well plate; [78-81]). Cha does not teach that the petri dish is circular with a central midpoint. It would have been obvious to one of ordinary skill in the art to change the shape of the tray and the corresponding mold/lid to have been circular as an obvious variant because one of ordinary skill in the art would understand that cell-culture trays come in a variety of shapes such as rectangular well plates and circular petri dishes, and it would have been obvious to have selected any of the trays as they are all formed of the same material and all assist in culturing of cells, since it has been held that changes in shape are not patentably distinct from prior art (MPEP 2144.04 IV. B). Alternatively, Melvin teaches the analogous art of agarose in a tray, where the tray is a petri dish which has a circular bottom and corresponding lid/top (Melvin; Fig. 3A). Melvin teaches that there is no difference in growth of cells in a petri dish (TCP) compared to agarose on TCP (Petri dish), providing that it is well known to use a petri dish for cellular experiments (Melvin; [43, 55, 87]). It would have been obvious to have modified the experiment with the tray holding agarose of Cha to have been a circular petri dish with corresponding circular top/bottom as in Melvin because Melvin teaches that circular petri dishes are commonly used for experiments (Melvin [55, 87]) and because Melvin teaches that rectangular well plates and circular petri dishes are commonly used variants depending on intended analysis methods (Melvin; [43, 79]).
Cha teaches that there are varying numbers of posts spaced evenly apart (Cha teaches in Figures 7-9 that the number of posts can vary and that they are evenly spaced apart). Cha does not teach that there are six posts circumferentially spaced around the central midpoint about 60 degrees from one another and linearly spaced about 2/3 of the distance from the central midpoint to the peripheral flange of the top portion. However, without some statement of criticality or unexpected results, it would have been obvious to one of ordinary skill in the art at the time the invention was made to rearrange the posts and change the number of posts that are evenly spaced apparat in Cha to be six posts evenly spaced circumferentially around, and to be linearly spaced about 2/3 of the distance from the central midpoint to the peripheral flange of the top portion, in order to allow for even post spacing so that the gel mold provided robust and evenly spaced experimental wells without being too close so as to compromise the well integrity while also being spaced far enough apart such that multiple wells could be created to optimize and save space/laboratory consumables since it has been generally recognized that to shift location of parts when the operation of the device is not otherwise changed is within the level of ordinary skill in the art, In re Japikse, 86 USPQ 70; In re Gazda, 104 USPQ 400. The modification of spacing and number would not have modified the operation of the posts of Cha, and would have been an obvious matter of design choice (See MPEP 2144.04 VI. C). Further still, it would have been obvious to a person having ordinary skill in the art to modify Cha’s posts that are present in a circular petri dish (see modification above) to be six posts evenly spaced circumferentially around, and to be linearly spaced about 2/3 of the distance from the central midpoint to the peripheral flange of the top portion for the purpose of providing even post spacing so that the gel mold provided robust and evenly spaced experimental wells without being too close so as to compromise the well integrity while also being spaced far enough apart such that multiple wells could be created to optimize and save space/laboratory consumables, since Cha teaches that the shape and number of posts can vary (Cha; [78-81], Fig. 7-9). Therefore, it is evident that Cha recognizes that the shape and post number and corresponding configuration are result effective variables. The examiner notes that applicants, on page 5 of the instant specification, state that the number, spacing, and position or the posts may vary, thereby showing that the instantly claimed configuration is not critical.
As to claim 9, modified Cha teaches the Petri dish as recited in claim 7, wherein the gel medium comprises an agar nutrient (Cha teaches agar; [13-15, 18, 43, 50, 59, 64-65]).
As to claim 10, modified Cha teaches the Petri dish as recited in claim 7, wherein the posts are cylindrical (Cha teaches cylindrical posts; [86, 88]).
As to claim 11, modified Cha teaches the Petri dish cover as recited in claim 7, wherein the posts have the same or different lengths (Cha teaches the posts can have same or different shapes; [88, 89]).
As to claim 12, modified Cha teaches the Petri dish as recited in claim 7, wherein the distal ends of the posts are planar (Cha teaches cylindrical posts, where cylinders are known to have a planar flat tip/end; [86, 88]).
As to claim 13, modified Cha teaches a method for testing the biological activity of substances produced by microorganisms cultured on nutrient gel media, the testing method comprising the steps of: providing a test device including a base portion having a continuous peripheral sidewall, a cover including a top portion having an inner surface, and a depending integral peripheral flange for receiving the sidewall of the base portion in a closed position, and six posts depending orthogonally from the inner surface of the top portion to free distal ends, the posts being sufficiently long such that the free distal ends of the posts extend into the gel medium when the cover is in the closed position; melting the nutrient gel media and pouring the melted gel media into the base portion; moving the cover over the base portion such that the peripheral flange receives the sidewall of the base portion in a closed position and the free distal ends of the posts extend into the gel media; allowing the gel media to harden; and removing the cover from the base portion wherein each post forms a well in the hardened gel (Cha teaches inserting a cover 120 which has a plurality of posts 121 into a dish 110, where the posts are placed in a gel solution which is then formed into the shape of the gel and once the gel is solidified then the cover is removed; Figs. 11,12, [64-65, 76-92]. Cha teaches the gel; [13-15, 18, 43, 50, 59, 64-65]).
Cha teaches that the top portion is can be various shapes for use with a corresponding petri dish base portion (Cha teaches that the tray, and therefore the corresponding top cover portion, can be various shapes so long as it can accommodate a gel, including a well plate; [78-81]). Cha does not teach that the petri dish is circular with a central midpoint. It would have been obvious to one of ordinary skill in the art to change the shape of the tray and the corresponding mold/lid to have been circular as an obvious variant because one of ordinary skill in the art would understand that cell-culture trays come in a variety of shapes such as rectangular well plates and circular petri dishes, and it would have been obvious to have selected any of the trays as they are all formed of the same material and all assist in culturing of cells, since it has been held that changes in shape are not patentably distinct from prior art (MPEP 2144.04 IV. B). Alternatively, Melvin teaches the analogous art of agarose in a tray, where the tray is a petri dish which has a circular bottom and corresponding lid/top (Melvin; Fig. 3A). Melvin teaches that there is no difference in growth of cells in a petri dish (TCP) compared to agarose on TCP (Petri dish), providing that it is well known to use a petri dish for cellular experiments (Melvin; [43, 55, 87]). It would have been obvious to have modified the experiment with the tray holding agarose of Cha to have been a circular petri dish with corresponding circular top/bottom as in Melvin because Melvin teaches that circular petri dishes are commonly used for experiments (Melvin [55, 87]) and because Melvin teaches that rectangular well plates and circular petri dishes are commonly used variants depending on intended analysis methods (Melvin; [43, 79]).
Cha teaches that there are varying numbers of posts spaced evenly apart (Cha teaches in Figures 7-9 that the number of posts can vary and that they are evenly spaced apart). Cha does not teach that there are six posts circumferentially spaced around the central midpoint about 60 degrees from one another and linearly spaced about 2/3 of the distance from the central midpoint to the peripheral flange of the top portion. However, without some statement of criticality or unexpected results, it would have been obvious to one of ordinary skill in the art at the time the invention was made to rearrange the posts and change the number of posts that are evenly spaced apparat in Cha to be six posts evenly spaced circumferentially around, and to be linearly spaced about 2/3 of the distance from the central midpoint to the peripheral flange of the top portion, in order to allow for even post spacing so that the gel mold provided robust and evenly spaced experimental wells without being too close so as to compromise the well integrity while also being spaced far enough apart such that multiple wells could be created to optimize and save space/laboratory consumables since it has been generally recognized that to shift location of parts when the operation of the device is not otherwise changed is within the level of ordinary skill in the art, In re Japikse, 86 USPQ 70; In re Gazda, 104 USPQ 400. The modification of spacing and number would not have modified the operation of the posts of Cha, and would have been an obvious matter of design choice (See MPEP 2144.04 VI. C). Further still, it would have been obvious to a person having ordinary skill in the art to modify Cha’s posts that are present in a circular petri dish (see modification above) to be six posts evenly spaced circumferentially around, and to be linearly spaced about 2/3 of the distance from the central midpoint to the peripheral flange of the top portion for the purpose of providing even post spacing so that the gel mold provided robust and evenly spaced experimental wells without being too close so as to compromise the well integrity while also being spaced far enough apart such that multiple wells could be created to optimize and save space/laboratory consumables, since Cha teaches that the shape and number of posts can vary (Cha; [78-81], Fig. 7-9). Therefore, it is evident that Cha recognizes that the shape and post number and corresponding configuration are result effective variables. The examiner notes that applicants, on page 5 of the instant specification, state that the number, spacing, and position or the posts may vary, thereby showing that the instantly claimed configuration is not critical.
As to claim 14, Cha teaches the testing method as recited in claim 13, further comprising the step of introducing a test liquid including a reactive reagent in at least one well, the reactivity of the agent and the sample microorganisms being the subject of investigation (Cha teaches placing cells with hydrogel into the wells; [63, 92, 93, 98-103]. Cha teaches placing a reagent ez-cytox to determine if the material with the cells is biocompatible; [70-73]. Cha also teaches adding a pH indicator; [48, 50-53]. Cha teaches that various biomolecules can be included; [45]).
As to claim 15, modified Cha teaches the testing method as recited in claim 14, further comprising the steps of inoculating the gel media by depositing sample microorganisms in at least one well; and incubating microorganism for a predetermined time (Cha teaches placing the cells in a hydrogel, into the wells and incubating at 37 degrees; [19, 63, 66, 71, 72, 92-93]).
As to claim 16, modified Cha teaches the testing method as recited in claim 15, further comprising the step of observing the wells for determining the presence or absence of a reaction by the development of areas which indicate biological activity of the microorganisms on the gel in the first well (Cha teaches placing a reagent ez-cytox to determine if the material with the cells is biocompatible; [70-73], Fig. 4-6. Cha also teaches observing a color change. )
As to claim 17, modified Cha teaches the testing method as recited in claim 13, further comprising the step of depositing a reagent in at least one well (Cha teaches placing a reagent ez-cytox to determine if the material with the cells is biocompatible; [70-73]. Cha also teaches placing reagents to determine pH; [48, 50-53, 69]. Cha teaches that various biomolecules can be included; [45]).
As to claim 18, modified Cha teaches the testing method as recited in claim 13, further comprising the step of depositing an active substance into at least one of the plurality of wells (Cha teaches placing a reagent ez-cytox to determine if the material with the cells is biocompatible; [70-73]. Cha also teaches placing reagents to determine pH; [48, 50-53, 69]. Cha teaches that various biomolecules can be included; [45]).
Claims 1, 3-7, 9-18 are rejected under 35 U.S.C. 103 as being unpatentable over Cha, M (US 20190264251; hereinafter “Cha”; already of record) alone or, alternatively, in view of Brewer et al (US 2533089; hereinafter “Brewer”).
As to claim 1, Cha teaches a cover for a Petri dish including a base portion having a continuous peripheral sidewall for holding a layer of a gel medium having a predetermined depth for growing micro-organisms, the cover comprising.: a top portion having an inner surface, and a depending integral peripheral flange for receiving the sidewall of the base portion in a closed position; and six posts depending orthogonally from the inner surface of the of the top portion to free distal ends, the posts being sufficiently long such that the free distal ends of the posts extend into the liquid gel medium when the cover is in the closed position, wherein the posts cause an array of wells to form in the surface of the hardened gel medium corresponding to the depth of penetration of the posts into the medium (Cha teaches inserting a cover 120 which has a plurality of posts 121 into a dish 110, where the posts are placed in a gel solution which is then formed into the shape of the gel and once the gel is solidified then the cover is removed; Figs. 11,12, [64-65, 76-92]. Cha teaches the gel; [13-15, 18, 43, 50, 59, 64-65]).
Note: The instant Claims contain a large amount of functional language (ex: “configured to…”). However, functional language does not add any further structure to an apparatus beyond a capability. Apparatus claims must distinguish over the prior art in terms of structure rather than function (see MPEP 2114 and 2173.05(g)). Therefore, if the prior art structure is capable of performing the function, then the prior art meets the limitation in the claims.
Cha teaches that the top portion is can be various shapes for use with a corresponding petri dish base portion (Cha teaches that the tray, and therefore the corresponding top cover portion, can be various shapes so long as it can accommodate a gel, including a well plate; [78-81]). Cha does not teach that the petri dish is circular with a central midpoint. It would have been obvious to one of ordinary skill in the art to change the shape of the tray and the corresponding mold/lid to have been circular as an obvious variant because one of ordinary skill in the art would understand that cell-culture trays come in a variety of shapes such as rectangular well plates and circular petri dishes, and it would have been obvious to have selected any of the trays as they are all formed of the same material and all assist in culturing of cells, since it has been held that changes in shape are not patentably distinct from prior art (MPEP 2144.04 IV. B). Cha teaches that there are varying numbers of posts spaced evenly apart (Cha teaches in Figures 7-9 that the number of posts can vary and that they are evenly spaced apart). Cha does not teach that there are six posts circumferentially spaced around the central midpoint about 60 degrees from one another and linearly spaced about 2/3 of the distance from the central midpoint to the peripheral flange of the top portion. However, without some statement of criticality or unexpected results, it would have been obvious to one of ordinary skill in the art at the time the invention was made to rearrange the posts and change the number of posts that are evenly spaced apparat in Cha to be six posts evenly spaced circumferentially around, and to be linearly spaced about 2/3 of the distance from the central midpoint to the peripheral flange of the top portion, in order to allow for even post spacing so that the gel mold provided robust and evenly spaced experimental wells without being too close so as to compromise the well integrity while also being spaced far enough apart such that multiple wells could be created to optimize and save space/laboratory consumables since it has been generally recognized that to shift location of parts when the operation of the device is not otherwise changed is within the level of ordinary skill in the art, In re Japikse, 86 USPQ 70; In re Gazda, 104 USPQ 400. The modification of spacing and number would not have modified the operation of the posts of Cha, and would have been an obvious matter of design choice (See MPEP 2144.04 VI. C). Further still, it would have been obvious to a person having ordinary skill in the art to modify Cha’s posts that are present in a circular petri dish (see modification above) to be six posts evenly spaced circumferentially around, and to be linearly spaced about 2/3 of the distance from the central midpoint to the peripheral flange of the top portion for the purpose of providing even post spacing so that the gel mold provided robust and evenly spaced experimental wells without being too close so as to compromise the well integrity while also being spaced far enough apart such that multiple wells could be created to optimize and save space/laboratory consumables, since Cha teaches that the shape and number of posts can vary (Cha; [78-81], Fig. 7-9). Therefore, it is evident that Cha recognizes that the shape and post number and corresponding configuration are result effective variables. The examiner notes that applicants, on page 5 of the instant specification, state that the number, spacing, and position or the posts may vary, thereby showing that the instantly claimed configuration is not critical.
Alternatively, although Cha teaches that the top portion is can be various shapes for use with a corresponding petri dish base portion (Cha teaches that the tray, and therefore the corresponding top cover portion, can be various shapes so long as it can accommodate a gel, including a well plate; [78-81]) and that that there are varying numbers of posts spaced evenly apart (Cha teaches in Figures 7-9 that the number of posts can vary and that they are evenly spaced apart), Cha does not teach that the petri dish is circular with a central midpoint, or that there are six posts circumferentially spaced around the central midpoint about 60 degrees from one another and linearly spaced about 2/3 of the distance from the central midpoint to the peripheral flange of the top portion. However, Brewer teaches the analogous art of agarose in a tray, where the tray is a petri dish which has a circular bottom and corresponding lid/top, the and, that there are six test regions circumferentially spaced around the central midpoint about 60 degrees from one another and linearly spaced about 2/3 of the distance from the central midpoint to the peripheral flange of the top portion (Brewer teaches a petri dish 1 with agar 6 through which posts 4/5 protrude down into (or to) the agar for the placement of test articles; col. 1-3, and Fig. 1-3. Brewer teaches that the six test regions are circumferentially spaced apart evenly and about 2/3 of the distance from the center to the outer periphery; Fig. 1-3). Brewer also teaches that it is well known to use a petri dish for cellular experiments (Brewer; col. 1-3). It would have been obvious to have modified the experiment with the tray holding agarose with various experiment regions of Cha to have been a circular petri dish with corresponding circular top/bottom and six evenly spaced regions as in Brewer because Brewer teaches that circular petri dishes with 6 evenly spaced experimental regions are commonly used for experiments (Brewer; col. 1-3, and Fig. 1-3), and because Brewer also teaches that the spacing of the test regions is ideal to prevent spoiling of the experiment (Brewer; col. 3 lines 5-10).
As to claim 3, modified Cha teaches the Petri dish cover as recited in claim 1, wherein the gel medium comprises an agar nutrient (Cha teaches agar; [13-15, 18, 43, 50, 59, 64-65]).
As to claim 4, modified Cha teaches the Petri dish cover as recited in claim 1, wherein the posts are cylindrical (Cha teaches cylindrical posts; [86, 88]).
As to claim 5, modified Cha teaches the Petri dish cover as recited in claim 1, wherein the posts have the same or different lengths (Cha teaches the posts can have same or different shapes; [88, 89]).
As to claim 6, modified Cha teaches the Petri dish as recited in claim 1, wherein the distal ends of the posts are planar (Cha teaches cylindrical posts, where cylinders are known to have a planar flat tip/end; [86, 88]).
As to claim 7, Cha teaches a Petri dish for holding a layer of a gel medium having a predetermined depth for growing micro-organisms, the dish comprising: a base portion having a continuous peripheral sidewall; a cover including a top portion having an inner surface, and a depending integral peripheral flange for receiving the sidewall of the base portion in a closed position; and six posts depending orthogonally from the inner surface of the top portion to free distal ends, the posts being sufficiently long such that the free distal ends of the posts extend into the liquid gel medium when the cover is in the closed position, wherein the posts cause an array of wells to form in the surface of the hardened gel medium corresponding to the depth of penetration of the posts into the medium (Cha teaches inserting a cover 120 which has a plurality of posts 121 into a dish 110, where the posts are placed in a gel solution which is then formed into the shape of the gel and once the gel is solidified then the cover is removed; Figs. 11,12, [64-65, 76-92]. Cha teaches the gel; [13-15, 18, 43, 50, 59, 64-65]).
Note: The instant Claims contain a large amount of functional language (ex: “configured to…”). However, functional language does not add any further structure to an apparatus beyond a capability. Apparatus claims must distinguish over the prior art in terms of structure rather than function (see MPEP 2114 and 2173.05(g)). Therefore, if the prior art structure is capable of performing the function, then the prior art meets the limitation in the claims.
Cha teaches that the top portion is can be various shapes for use with a corresponding petri dish base portion (Cha teaches that the tray, and therefore the corresponding top cover portion, can be various shapes so long as it can accommodate a gel, including a well plate; [78-81]). Cha does not teach that the petri dish is circular with a central midpoint. It would have been obvious to one of ordinary skill in the art to change the shape of the tray and the corresponding mold/lid to have been circular as an obvious variant because one of ordinary skill in the art would understand that cell-culture trays come in a variety of shapes such as rectangular well plates and circular petri dishes, and it would have been obvious to have selected any of the trays as they are all formed of the same material and all assist in culturing of cells, since it has been held that changes in shape are not patentably distinct from prior art (MPEP 2144.04 IV. B). Cha teaches that there are varying numbers of posts spaced evenly apart (Cha teaches in Figures 7-9 that the number of posts can vary and that they are evenly spaced apart). Cha does not teach that there are six posts circumferentially spaced around the central midpoint about 60 degrees from one another and linearly spaced about 2/3 of the distance from the central midpoint to the peripheral flange of the top portion. However, without some statement of criticality or unexpected results, it would have been obvious to one of ordinary skill in the art at the time the invention was made to rearrange the posts and change the number of posts that are evenly spaced apparat in Cha to be six posts evenly spaced circumferentially around, and to be linearly spaced about 2/3 of the distance from the central midpoint to the peripheral flange of the top portion, in order to allow for even post spacing so that the gel mold provided robust and evenly spaced experimental wells without being too close so as to compromise the well integrity while also being spaced far enough apart such that multiple wells could be created to optimize and save space/laboratory consumables since it has been generally recognized that to shift location of parts when the operation of the device is not otherwise changed is within the level of ordinary skill in the art, In re Japikse, 86 USPQ 70; In re Gazda, 104 USPQ 400. The modification of spacing and number would not have modified the operation of the posts of Cha, and would have been an obvious matter of design choice (See MPEP 2144.04 VI. C). Further still, it would have been obvious to a person having ordinary skill in the art to modify Cha’s posts that are present in a circular petri dish (see modification above) to be six posts evenly spaced circumferentially around, and to be linearly spaced about 2/3 of the distance from the central midpoint to the peripheral flange of the top portion for the purpose of providing even post spacing so that the gel mold provided robust and evenly spaced experimental wells without being too close so as to compromise the well integrity while also being spaced far enough apart such that multiple wells could be created to optimize and save space/laboratory consumables, since Cha teaches that the shape and number of posts can vary (Cha; [78-81], Fig. 7-9). Therefore, it is evident that Cha recognizes that the shape and post number and corresponding configuration are result effective variables. The examiner notes that applicants, on page 5 of the instant specification, state that the number, spacing, and position or the posts may vary, thereby showing that the instantly claimed configuration is not critical.
Alternatively, although Cha teaches that the top portion is can be various shapes for use with a corresponding petri dish base portion (Cha teaches that the tray, and therefore the corresponding top cover portion, can be various shapes so long as it can accommodate a gel, including a well plate; [78-81]) and that that there are varying numbers of posts spaced evenly apart (Cha teaches in Figures 7-9 that the number of posts can vary and that they are evenly spaced apart), Cha does not teach that the petri dish is circular with a central midpoint, or that there are six posts circumferentially spaced around the central midpoint about 60 degrees from one another and linearly spaced about 2/3 of the distance from the central midpoint to the peripheral flange of the top portion. However, Brewer teaches the analogous art of agarose in a tray, where the tray is a petri dish which has a circular bottom and corresponding lid/top, the and, that there are six test regions circumferentially spaced around the central midpoint about 60 degrees from one another and linearly spaced about 2/3 of the distance from the central midpoint to the peripheral flange of the top portion (Brewer teaches a petri dish 1 with agar 6 through which posts 4/5 protrude down into (or to) the agar for the placement of test articles; col. 1-3, and Fig. 1-3. Brewer teaches that the six test regions are circumferentially spaced apart evenly and about 2/3 of the distance from the center to the outer periphery; Fig. 1-3). Brewer also teaches that it is well known to use a petri dish for cellular experiments (Brewer; col. 1-3). It would have been obvious to have modified the experiment with the tray holding agarose with various experiment regions of Cha to have been a circular petri dish with corresponding circular top/bottom and six evenly spaced regions as in Brewer because Brewer teaches that circular petri dishes with 6 evenly spaced experimental regions are commonly used for experiments (Brewer; col. 1-3, and Fig. 1-3), and because Brewer also teaches that the spacing of the test regions is ideal to prevent spoiling of the experiment (Brewer; col. 3 lines 5-10).
As to claim 9, modified Cha teaches the Petri dish as recited in claim 7, wherein the gel medium comprises an agar nutrient (Cha teaches agar; [13-15, 18, 43, 50, 59, 64-65]).
As to claim 10, modified Cha teaches the Petri dish as recited in claim 7, wherein the posts are cylindrical (Cha teaches cylindrical posts; [86, 88]).
As to claim 11, modified Cha teaches the Petri dish cover as recited in claim 7, wherein the posts have the same or different lengths (Cha teaches the posts can have same or different shapes; [88, 89]).
As to claim 12, modified Cha teaches the Petri dish as recited in claim 7, wherein the distal ends of the posts are planar (Cha teaches cylindrical posts, where cylinders are known to have a planar flat tip/end; [86, 88]).
As to claim 13, modified Cha teaches a method for testing the biological activity of substances produced by microorganisms cultured on nutrient gel media, the testing method comprising the steps of: providing a test device including a base portion having a continuous peripheral sidewall, a cover including a top portion having an inner surface, and a depending integral peripheral flange for receiving the sidewall of the base portion in a closed position, and six posts depending orthogonally from the inner surface of the top portion to free distal ends, the posts being sufficiently long such that the free distal ends of the posts extend into the gel medium when the cover is in the closed position; melting the nutrient gel media and pouring the melted gel media into the base portion; moving the cover over the base portion such that the peripheral flange receives the sidewall of the base portion in a closed position and the free distal ends of the posts extend into the gel media; allowing the gel media to harden; and removing the cover from the base portion wherein each post forms a well in the hardened gel (Cha teaches inserting a cover 120 which has a plurality of posts 121 into a dish 110, where the posts are placed in a gel solution which is then formed into the shape of the gel and once the gel is solidified then the cover is removed; Figs. 11,12, [64-65, 76-92]. Cha teaches the gel; [13-15, 18, 43, 50, 59, 64-65]).
Cha teaches that the top portion is can be various shapes for use with a corresponding petri dish base portion (Cha teaches that the tray, and therefore the corresponding top cover portion, can be various shapes so long as it can accommodate a gel, including a well plate; [78-81]). Cha does not teach that the petri dish is circular with a central midpoint. It would have been obvious to one of ordinary skill in the art to change the shape of the tray and the corresponding mold/lid to have been circular as an obvious variant because one of ordinary skill in the art would understand that cell-culture trays come in a variety of shapes such as rectangular well plates and circular petri dishes, and it would have been obvious to have selected any of the trays as they are all formed of the same material and all assist in culturing of cells, since it has been held that changes in shape are not patentably distinct from prior art (MPEP 2144.04 IV. B). Cha teaches that there are varying numbers of posts spaced evenly apart (Cha teaches in Figures 7-9 that the number of posts can vary and that they are evenly spaced apart). Cha does not teach that there are six posts circumferentially spaced around the central midpoint about 60 degrees from one another and linearly spaced about 2/3 of the distance from the central midpoint to the peripheral flange of the top portion. However, without some statement of criticality or unexpected results, it would have been obvious to one of ordinary skill in the art at the time the invention was made to rearrange the posts and change the number of posts that are evenly spaced apparat in Cha to be six posts evenly spaced circumferentially around, and to be linearly spaced about 2/3 of the distance from the central midpoint to the peripheral flange of the top portion, in order to allow for even post spacing so that the gel mold provided robust and evenly spaced experimental wells without being too close so as to compromise the well integrity while also being spaced far enough apart such that multiple wells could be created to optimize and save space/laboratory consumables since it has been generally recognized that to shift location of parts when the operation of the device is not otherwise changed is within the level of ordinary skill in the art, In re Japikse, 86 USPQ 70; In re Gazda, 104 USPQ 400. The modification of spacing and number would not have modified the operation of the posts of Cha, and would have been an obvious matter of design choice (See MPEP 2144.04 VI. C). Further still, it would have been obvious to a person having ordinary skill in the art to modify Cha’s posts that are present in a circular petri dish (see modification above) to be six posts evenly spaced circumferentially around, and to be linearly spaced about 2/3 of the distance from the central midpoint to the peripheral flange of the top portion for the purpose of providing even post spacing so that the gel mold provided robust and evenly spaced experimental wells without being too close so as to compromise the well integrity while also being spaced far enough apart such that multiple wells could be created to optimize and save space/laboratory consumables, since Cha teaches that the shape and number of posts can vary (Cha; [78-81], Fig. 7-9). Therefore, it is evident that Cha recognizes that the shape and post number and corresponding configuration are result effective variables. The examiner notes that applicants, on page 5 of the instant specification, state that the number, spacing, and position or the posts may vary, thereby showing that the instantly claimed configuration is not critical.
Alternatively, although Cha teaches that the top portion is can be various shapes for use with a corresponding petri dish base portion (Cha teaches that the tray, and therefore the corresponding top cover portion, can be various shapes so long as it can accommodate a gel, including a well plate; [78-81]) and that that there are varying numbers of posts spaced evenly apart (Cha teaches in Figures 7-9 that the number of posts can vary and that they are evenly spaced apart), Cha does not teach that the petri dish is circular with a central midpoint, or that there are six posts circumferentially spaced around the central midpoint about 60 degrees from one another and linearly spaced about 2/3 of the distance from the central midpoint to the peripheral flange of the top portion. However, Brewer teaches the analogous art of agarose in a tray, where the tray is a petri dish which has a circular bottom and corresponding lid/top, the and, that there are six test regions circumferentially spaced around the central midpoint about 60 degrees from one another and linearly spaced about 2/3 of the distance from the central midpoint to the peripheral flange of the top portion (Brewer teaches a petri dish 1 with agar 6 through which posts 4/5 protrude down into (or to) the agar for the placement of test articles; col. 1-3, and Fig. 1-3. Brewer teaches that the six test regions are circumferentially spaced apart evenly and about 2/3 of the distance from the center to the outer periphery; Fig. 1-3). Brewer also teaches that it is well known to use a petri dish for cellular experiments (Brewer; col. 1-3). It would have been obvious to have modified the experiment with the tray holding agarose with various experiment regions of Cha to have been a circular petri dish with corresponding circular top/bottom and six evenly spaced regions as in Brewer because Brewer teaches that circular petri dishes with 6 evenly spaced experimental regions are commonly used for experiments (Brewer; col. 1-3, and Fig. 1-3), and because Brewer also teaches that the spacing of the test regions is ideal to prevent spoiling of the experiment (Brewer; col. 3 lines 5-10).
As to claim 14, Cha teaches the testing method as recited in claim 13, further comprising the step of introducing a test liquid including a reactive reagent in at least one well, the reactivity of the agent and the sample microorganisms being the subject of investigation (Cha teaches placing cells with hydrogel into the wells; [63, 92, 93, 98-103]. Cha teaches placing a reagent ez-cytox to determine if the material with the cells is biocompatible; [70-73]. Cha also teaches adding a pH indicator; [48, 50-53]. Cha teaches that various biomolecules can be included; [45]).
As to claim 15, modified Cha teaches the testing method as recited in claim 14, further comprising the steps of inoculating the gel media by depositing sample microorganisms in at least one well; and incubating microorganism for a predetermined time (Cha teaches placing the cells in a hydrogel, into the wells and incubating at 37 degrees; [19, 63, 66, 71, 72, 92-93]).
As to claim 16, modified Cha teaches the testing method as recited in claim 15, further comprising the step of observing the wells for determining the presence or absence of a reaction by the development of areas which indicate biological activity of the microorganisms on the gel in the first well (Cha teaches placing a reagent ez-cytox to determine if the material with the cells is biocompatible; [70-73], Fig. 4-6. Cha also teaches observing a color change. )
As to claim 17, modified Cha teaches the testing method as recited in claim 13, further comprising the step of depositing a reagent in at least one well (Cha teaches placing a reagent ez-cytox to determine if the material with the cells is biocompatible; [70-73]. Cha also teaches placing reagents to determine pH; [48, 50-53, 69]. Cha teaches that various biomolecules can be included; [45]).
As to claim 18, modified Cha teaches the testing method as recited in claim 13, further comprising the step of depositing an active substance into at least one of the plurality of wells (Cha teaches placing a reagent ez-cytox to determine if the material with the cells is biocompatible; [70-73]. Cha also teaches placing reagents to determine pH; [48, 50-53, 69]. Cha teaches that various biomolecules can be included; [45]).
Other References Cited
The prior art of made of record and not relied upon is considered pertinent to applicant's disclosure include;
Gross, L (US 3540985; hereinafter “Gross”) teaches a petri dish with 6 evenly spaced apart portions for testing.
Brown et al (US 4659673; hereinafter “Melvin”; already of record) teaches a cover with protrusions and corresponding petri dish with agar where the protrusions are pushed into the agar; Fig. 3, col. 2 line 55-col. 3 line 5.
Gray et al (US 20230109347; hereinafter “Gray”; already of record) teaches a cover with protrusions that go into gel into a well plate; Figs. 10.
Ivanov, Delyan & Grabowska, Anna. (2017). Spheroid arrays for high-throughput single-cell analysis of spatial patterns and biomarker expression in 3D. Scientific Reports. 7(1):41160. DOI: 10.1038/srep41160 (hereinafter “Ivanov”; already of record) teaches a mold maker that stamps into agarose in figures 1 & 2.
Napolitano, A. P., Dean, D. M., Man, A. J., Youssef, J., Ho, D. N., Rago, A. P., … Morgan, J. R. (2007). Scaffold-Free Three-Dimensional Cell Culture Utilizing Micromolded Nonadhesive Hydrogels. BioTechniques, 43(4), 494–500. https://doi.org/10.2144/000112591 (hereinafter “Morgan”; already of record) teaches fabrication of agarose microwells where agarose is poured into a well with protrusions. It should be noted that nothing in the instant application prevents the instant claims from being “inverted” because applicants in [24] of the instant specification say that any direction/orientation of use is essentially the same.
Response to Arguments
Applicant’s arguments, filed on 1/7/26 have been considered, but are moot because the arguments are towards the amended claims and not the new grounds of rejection. However, because the examiner is relying on the same references for one grounds of rejection then applicant's arguments have been fully considered but they are not persuasive.
Applicants argue on page 6-7 of their remarks that modifications to Cha cannot be obvious because it is rectangular and there are 7 posts. However, the examiner respectfully disagrees.
Cha teaches that the top portion is can be various shapes for use with a corresponding petri dish base portion (Cha teaches that the tray, and therefore the corresponding top cover portion, can be various shapes so long as it can accommodate a gel, including a well plate; [78-81]). Cha does not teach that the petri dish is circular with a central midpoint. It would have been obvious to one of ordinary skill in the art to change the shape of the tray and the corresponding mold/lid to have been circular as an obvious variant because one of ordinary skill in the art would understand that cell-culture trays come in a variety of shapes such as rectangular well plates and circular petri dishes, and it would have been obvious to have selected any of the trays as they are all formed of the same material and all assist in culturing of cells, since it has been held that changes in shape are not patentably distinct from prior art (MPEP 2144.04 IV. B). Alternatively, Melvin teaches the analogous art of agarose in a tray, where the tray is a petri dish which has a circular bottom and corresponding lid/top (Melvin; Fig. 3A). Melvin teaches that there is no difference in growth of cells in a petri dish (TCP) compared to agarose on TCP (Petri dish), providing that it is well known to use a petri dish for cellular experiments (Melvin; [43, 55, 87]). It would have been obvious to have modified the experiment with the tray holding agarose of Cha to have been a circular petri dish with corresponding circular top/bottom as in Melvin because Melvin teaches that circular petri dishes are commonly used for experiments (Melvin [55, 87]) and because Melvin teaches that rectangular well plates and circular petri dishes are commonly used variants depending on intended analysis methods (Melvin; [43, 79]).
Cha teaches that there are varying numbers of posts spaced evenly apart (Cha teaches in Figures 7-9 that the number of posts can vary and that they are evenly spaced apart). Cha does not teach that there are six posts circumferentially spaced around the central midpoint about 60 degrees from one another and linearly spaced about 2/3 of the distance from the central midpoint to the peripheral flange of the top portion. However, without some statement of criticality or unexpected results, it would have been obvious to one of ordinary skill in the art at the time the invention was made to rearrange the posts and change the number of posts that are evenly spaced apparat in Cha to be six posts evenly spaced circumferentially around, and to be linearly spaced about 2/3 of the distance from the central midpoint to the peripheral flange of the top portion, in order to allow for even post spacing so that the gel mold provided robust and evenly spaced experimental wells without being too close so as to compromise the well integrity while also being spaced far enough apart such that multiple wells could be created to optimize and save space/laboratory consumables since it has been generally recognized that to shift location of parts when the operation of the device is not otherwise changed is within the level of ordinary skill in the art, In re Japikse, 86 USPQ 70; In re Gazda, 104 USPQ 400. The modification of spacing and number would not have modified the operation of the posts of Cha, and would have been an obvious matter of design choice (See MPEP 2144.04 VI. C). Further still, it would have been obvious to a person having ordinary skill in the art to modify Cha’s posts that are present in a circular petri dish (see modification above) to be six posts evenly spaced circumferentially around, and to be linearly spaced about 2/3 of the distance from the central midpoint to the peripheral flange of the top portion for the purpose of providing even post spacing so that the gel mold provided robust and evenly spaced experimental wells without being too close so as to compromise the well integrity while also being spaced far enough apart such that multiple wells could be created to optimize and save space/laboratory consumables, since Cha teaches that the shape and number of posts can vary (Cha; [78-81], Fig. 7-9). Therefore, it is evident that Cha recognizes that the shape and post number and corresponding configuration are result effective variables. The examiner notes that applicants, on page 5 of the instant specification, state that the number, spacing, and position or the posts may vary, thereby showing that the instantly claimed configuration is not critical.
Conclusion
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 BENJAMIN R WHATLEY whose telephone number is (571)272-9892. The examiner can normally be reached Mon- Fri 8am-5pm.
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, Charles Capozzi can be reached at (571) 270-3638. 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.
/BENJAMIN R WHATLEY/Primary Examiner, Art Unit 1798