DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
This is an office action in response to Applicant’s arguments and remarks filed on 10 July 2026. Claims 1-4,7-8,15-18,20-26 and 28-30 are currently pending in the application. Claims 20-26 and 28-29 have been previously withdrawn. Claims 5-6, 9-14, 19, and 27 have been canceled. Claim 30 is newly added. Claims 1-4,7-8,15-18 and 30 are being examined herein.
Status of Objections and Rejections
The objection to the drawings is withdrawn in view of amendments.
The rejection of claim 18 under 35 U.S.C. § 112(b) is withdrawn in view of amendments.
The rejections of claims 1-2 under 35 U.S.C. § 102(a)(1) in view of Graziano, et. al. (US 20180236457 A1) is withdrawn in view of amendments.
The rejection of claim 3 under 35 U.S.C. § 103 in view of Graziano, et. al. (US 20180236457 A1) in view of Qiao, et. al. (CN 211704703 U) is withdrawn in view of amendments.
The rejections of claims 4, 7-8, and 15-17 under 35 U.S.C. § 103 in view of Graziano, et. al. (US 20180236457 A1) in view of Liao, et. al. (US 20050139704 A1) are withdrawn in view of amendments.
The rejection of claim 18 under 35 U.S.C. § 103 in view of Graziano, et. al. (US 20180236457 A1) in view of Qiao, et. al. (CN 211704703 U) and Liao, et. al. (US 20050139704 A1) is withdrawn in view of amendments.
Response to Arguments
Applicant’s arguments with respect to claims 1-4, 7-8, and 15-18 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant presents the argument that the "crushing blade" of Qiao does not read on a "cutting blade" as required by the claim (remarks, pg. 10, par. 02 - pg. 11, par. 02).
Examiner notes while Qiao is no longer used in the rejection, Examiner wants to address the interpretation of cutting blade under its broadest reasonable interpretation. Examiner is interpreting a "cutting blade" to be at least one flat edge on a rotational axis that is capable of physically processing the tissue sample from one large, intact piece into at least two pieces. Therefore, as long as a blade is physically processing, cutting, macerating, crushing, etc. a piece of tissue to create at least two pieces of tissue from the one larger tissue piece the blade is configured to “cut” even if the word “cut” or its other forms (i.e. “cutting,” “cutter,” etc.) reads on the limitation “cutting blade.”
Claim Objections
Claim 1 is objected to because of the following informalities: line 4 of the claim recites, “arranged to fee tissue…” Examiner believes this is supposed to recite, “arranged to feed tissue…”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 3-4, 7-8, 15-18, and 30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Parisius, et. al. (US 4797213 A).
Regarding claim 1, Parisius teaches an apparatus for breaking apart and digesting of pancreatic tissue (Abstract) (apparatus for the disaggregation of tissue). Parisius teaches the apparatus comprises a macerator 206 with a series of roller sets 210, 212, 214 (Fig. 7-8). Parisius teaches the tissue is introduced to the macerator 206 between feed roller 208 and a shelf (unlabeled but seen adjacent to feed roller 208). As tissue passes through feed roller 208 and shelf (an opening) the tissue piece is introduced to first roller set 210 (see uppermost outline in replicated Fig. 7 below) (a first cutting zone). The roller sets comprise grooves (a first cutting blade) that are configured for the "disruption of the tissue" (breaking apart or cutting the tissue piece) (col. 6, line 66 - col. 7, line 16). The maceration occurs as the roller set 210 rotates about an axis (see circle in middle of roller) through drive chain 220 driven by motor 222 (Fig. 7-9; col. 7, lines 6-8) and the grooves macerate the tissue piece while the tissue piece moves through the uppermost/first roller set 210 (Fig. 7) (a first cutting blade configured to rotate about a first rotational axis). As the tissue passes through the feed roller 208 and shelf, the shelf end (an opening) introduce the tissue piece perpendicularly to the rotational axis of first roller set 210 (first cutting zone) where the grooves (a first cutting blade) begin the tissue maceration process (Fig. 7; col. 6, line 66 - col. 7, line 16) (an opening for the ingress of tissue, the opening being arranged to fee tissue onto the first cutting blade at a non-zero angle to the first rotational axis).
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Regarding claim 3, Parisius teaches as the tissue passes through the feed roller 208 and shelf, the shelf end (an opening) introduce the tissue piece perpendicularly to the rotational axis of first roller set 210 (first cutting zone) where the grooves (a first cutting blade) begin the tissue maceration process (Fig. 7; col. 6, line 66 - col. 7, line 16) (wherein the opening is arranged to feed tissue onto the first cutting blade substantially perpendicularly to the first rotational axis.
Regarding claim 4, Parisius teaches the macerator further comprises a second set of rollers 212, 214 (a second cutting zone) wherein the rollers 212, 214 comprise finer grooves (second cutting blade) (see lowermost outline in replicated Fig. 7 below) for further breaking about the tissue pieces as the rollers rotate about an axis (see the circle in the middle of roller 212, 214) (a second rotational axis) driving by motor 222 (Fig. 7; col. 4, lines 17-31) (additionally comprising a second cutting zone comprising a second cutting blade, wherein the second cutting blade is configured to rotate about a second rotational axis).
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Regarding claim 7, Parisius teaches roller sets 210, 212, 214 rotate about respective axes (see circles in middle of rollers) through drive chain 220 driven by motor 222 (drive mechanism) (Fig. 9; col. 4, lines 17-31) (wherein the first and second cutting blades are configured in use to be rotated about their respective axes by one… drive mechanism).
Regarding claim 8, Parisius does not explicitly disclose the direction of rotations of the rollers, one of ordinary skill in the art would recognize the at least one groove on right roller of set 210 and the right roller on set 214 will rotate in the same direction (wherein the one or more drive mechanisms are configured to rotate the first and second cutting blades in the same… direction).
Regarding claim 15, Parisius teaches the tissue piece first passes through roller set 210 (first cutting zone) and finally through a second roller set 212, 214 (second cutting zone) that are vertically aligned within macerator 206 (Fig. 7) (wherein the apparatus is configured in use for the tissue to be sequentially passed through the first cutting zone followed by the second cutting zone).
Regarding claim 16, Parisius teaches spaces above (a first inlet) and below (a first outlet) (see uppermost arrow in replicated Fig. 7 below) roller set 210 (first cutting zone) where the tissue is fed into and out of as it moves through the first roller set 210 (Fig. 7; col. 6, line 66 - col. 7, line 16) (wherein the first cutting zone comprises a first inlet and a first outlet for the tissue). Parisius teaches spaces above (a second inlet) (see lowermost arrow in replicated Fig. 7 below) and below (a second outlet) roller set 212, 214 (second cutting zone) where the tissue is fed into and out of as it moves through the second roller set 212, 214 (Fig. 7; col. 6, line 66 - col. 7, line 16) (wherein the second cutting zone comprises a second inlet and a second outlet for the tissue).
After passing through first roller set 210 (first cutting zone), the tissue passes a middle set of rollers (see outline in replicated Fig. 7 below) that further directs the tissue piece(s) to second roller set 212, 214 (second cutting zone) with a defined space between the middle roller set (conduit) between the space below (a first outlet) (see uppermost arrow in replicated Fig. 7 below) roller set 210 and space above (a second inlet) (see lowermost arrow in replicated Fig. 7 below) of second roller set 212, 214 (Fig. 7; col. 6, line 66 - col. 7, line 16) (wherein a conduit connects the first outlet to the second inlet).
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Regarding claim 17, Parisius middle roller set introduced tissue piece(s) into the space above (second inlet) second roller set 212, 214 (second cutting zone) where the tissue piece(s) reach the groove (second cutting blade) of second roller set 212, 214 at a perpendicular angle (90 degrees) to the rotational axis (see circle in middle of roller) (Fig. 7) (wherein the second inlet is configured in use to communicate tissue into the second cutting zone at a non-zero angle to the second rotational axis of the second cutting blade).
Regarding claim 18, Parisius middle roller set introduced tissue piece(s) into the space above (second inlet) second roller set 212, 214 (second cutting zone) where the tissue piece(s) reach the groove (second cutting blade) of second roller set 212, 214 at a perpendicular angle (90 degrees) to the rotational axis (see circle in middle of roller) (Fig. 7) (wherein the second inlet is configured in use to communicate tissue into the second cutting zone substantially perpendicular to the second rotational axis of the second cutting blade).
Regarding claim 30, Parisius teaches as the tissue passes through the feed roller 208 and shelf, the shelf end (an opening) introduce the tissue piece perpendicularly (90 degrees) to the rotational axis of first roller set 210 (first cutting zone) where the grooves (a first cutting blade) begin the tissue maceration process (Fig. 7; col. 6, line 66 - col. 7, line 16) (wherein the non-zero angle is between 15 and 90 degrees to the first rotational axis).
Claims 1-4, 7-8, and 30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McAleer, et. al. (US 4028190 A).
Regarding claim 1, McAleer teaches an apparatus for processing tissue by shredding (Abstract) (apparatus for the disaggregation of tissue). McAleer teaches the device comprises a feed hopper 10 (opening) leading to a shredder 12 (cutting zone) (Fig. 2). The shredder 12 comprises a series of blades 59 with each blade 59 is separated by fixed elements 60, wherein each blade 59 between a respective fixed element 60 comprises a cutting zone with a cutting blade. Figure 4 is replicated below with the leftmost arrow indicating a first cutting zone and the rightmost arrow indicating a first cutting blade. The blades 59 are configured to rotate around shaft 59 (rotational axis) (Fig. 2-4; col. 6, lines 39-42) (a first cutting blade configured to rotate about a first rotational axis).
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McAleer teaches tissue is fed into feed hopper 10 (an opening for the ingress of tissue) that leads to the shredder 12 where the tissue is introduced to at least one blade 59 perpendicular to shaft 59 (Fig. 2; col. 4, lines 17-31) (the opening being arranged to fee tissue onto the first cutting blade at a non-zero angle to the first rotational axis).
Regarding claim 2, McAleer teaches blades 59 (cutting blade) are not linear but twist around shaft 58. Replicated Figure 4 below has a blade 59 outlined to emphasize the bend of the blade with respect to shaft 58 (wherein the first cutting blade is helical). Examiner notes while the indicated first cutting blade from claim 1 is not outlined, all blades 59 have this bend, this specific blade is outlined because it best shows the twisted shape.
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Regarding claim 3, McAleer teaches tissue is fed into feed hopper 10 (an opening for the ingress of tissue) that leads to the shredder 12 where the tissue is introduced to at least one blade 59 perpendicular to shaft 59 (Fig. 7; col. 4, lines 17-31) (wherein the opening is arranged to feed tissue onto the first cutting blade substantially perpendicularly to the first rotational axis).
Regarding claim 4, McAleer teaches the shredder 12 comprises a series of blades 59 with each blade 59 is separated by fixed elements 60, wherein each blade 59 between a respective fixed element 60 comprises a cutting zone with a cutting blade. Figure 4 is replicated below with the leftmost arrow indicating a second cutting zone and the rightmost arrow indicating a second cutting blade. The blades 59 are configured to rotate around shaft 59 (rotational axis) (Fig. 2-4; col. 6, lines 39-42) (additionally comprising a second cutting zone comprising a second cutting blade, wherein the second cutting blade is configured to rotate about a second rotational axis).
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Examiner notes that the first and second rotational axis are coaxial; however, as per the specification of the instant application, a coaxial orientation with a singular driving mechanism is well with the scope of the claim (Specification, par. 0015).
Regarding claim 7, McAleer teaches the plurality of blades 59 (first and second cutting blade) rotate about shaft 58 (rotational axes) by means of motor 11 (Fig. 2; col. 6, lines 39-42) (wherein the first and second cutting blades are configured in use to be rotated about their respective axes by one… drive mechanism).
Regarding claim 8, Because the plurality of blades 59 (first and second cutting blade) rotate about the same shaft 58 (rotational axes), motor 11 (drive mechanism) rotates the blades 59 (first and second cutting blade) in the same direction (Fig. 2; col. 6, lines 39-42) (wherein the one or more drive mechanisms are configured to rotate the first and second cutting blades in the same… directions).
Regarding claim 30, McAleer teaches tissue is fed into feed hopper 10 (an opening for the ingress of tissue) that leads to the shredder 12 where the tissue is introduced to at least one blade 59 perpendicular (90 degrees) to shaft 59 (Fig. 2; col. 4, lines 17-31) (wherein the non-zero angle is between 15 and 90 degrees to the first rotational axis).
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 MADISON T HERBERT whose telephone number is (571)270-1448. The examiner can normally be reached Monday-Friday 8:30a-5:00p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Maris Kessel can be reached at (571) 270-7698. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.T.H./Examiner, Art Unit 1758
/MARIS R KESSEL/Supervisory Patent Examiner, Art Unit 1758
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