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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-9 and 17-20 in the reply filed on 1/7/2026 is acknowledged.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-9 and 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hirschel (WO 2010/048417).
Regarding claim 1, Hirschel teaches a perfusion bioreactor comprising (i) an inlet stage (reservoir) comprising a liquid nutrient medium reservoir fluidically coupled to a pump (circulation pump), the pump fluidically coupled to a perfusion compartment (bioreactor); (ii) the perfusion compartment, comprising a holding compartment configured for receiving the nutrient medium from the inlet stage, the holding compartment configured for uniform distribution and transfer of the nutrient medium to a reaction compartment; the reaction compartment configured for formation of said nanoparticles by microbial cells, the reaction compartment comprising a reaction surface suitable for supporting microbial cells used to synthesize the nanoparticles; a collection compartment configured to collect nutrient medium containing the synthesized nanoparticles from the reaction compartment and transfer the medium and nanoparticles to a collection port; a first flow barrier (24 and 26) disposed between the holding compartment and the reaction compartment, wherein the first flow barrier is operative to uniformly disperse the nutrient medium prior to entry of the medium into the reaction compartment; and a second flow barrier (24 and 26) disposed between the reaction compartment and the collection compartment, wherein the second flow barrier is operative to retain the microbial cells in the reaction compartment and allow the nanoparticles to flow into the collection compartment. (iii) an outlet stage (reservoir) fluidically coupled to the collection port, the outlet stage operative to collect the nanoparticles and depleted nutrient medium from the collection port. (Refer to Figures 5D and 7B)
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Regarding claim 2, the second flow barrier provides a suspension of nanoparticles to the collection compartment that is substantially free of the microbial cells. (Refer to page 14, Line 9-18 and page 23, Lines 15-20)
Regarding claim 3, the second flow barrier provides a suspension of nanoparticles to the collection compartment that comprises less than 1% (weight/weight) microbial cells. (Refer to page 20, Lines 8-10)
Regarding claim 4, the collection compartment comprises one or more filters (34).
Regarding claim 5, the filter comprises pores having an average diameter of about 0.2 µm. (Refer to page 11, Line 9-15)
Regarding claim 6, the perfusion bioreactor comprises a gas-permeable roof. (Refer to page 15, Line 6-8)
Regarding claim 7, the reaction surface is removable. (Refer to Figure 4B)
Regarding claim 7, the collection compartment has a triangular shape converging at an apex to the collection port. (Refer to Figure above)
Regarding claim 8, the first flow barrier (24 and 26) provides a flow of the nutrient medium that is slower than the flow of the liquid medium from the inlet stage. (Refer to Figure 4C and 7B)
Regarding claim 9, the first flow barrier (24 and 26) provides a flow of the nutrient medium that is slower than the flow of the liquid medium from the inlet stage. (Refer to Figure 7B)
Regarding claim 17, a kit comprising the perfusion compartment of the perfusion bioreactor of claim 1, and instructions for use thereof. (Refer to claim 11)
Regarding claim 18, one or more replacement reaction surfaces of the perfusion compartment. (Refer to page 11, Lines 8-15)
Regarding claim 19, the inlet stage and/or outlet stage of the perfusion bioreactor. (Refer to Figure 7B)
Regarding claim 20, one or more microbial cell cultures and/or one or more reagents for the production of metallic nanoparticles. (Refer to page 25, Lines 5-10)
Conclusion
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/JYOTI Mutreja/Primary Examiner, Art Unit 1798
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