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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 21 April 2025 has been considered and made of record.
Election/Restrictions
Applicant's election with traverse of Group I, claim(s) 1-3, in the reply filed on 23 December 2025 is acknowledged. The traversal is on the ground(s) that the patent office has not established that it would pose an undue burden to examine the full scope of the claimed invention. This is not found persuasive because as set forth in the restriction requirement, the inventions listed as Groups I-V do not relate to a single general inventive concept under PCT Rule 13.1 because they do not relate to one invention only, or to a group of inventions so linked so as to form a single inventive concept. With regard to applicants allegation that joinder of these distinct inventions would not present a serious burden to the U. S. Patent and Trademark Office, such allegations relied on the unsupported assumption that the search and the examination of the inventions would be coextensive. Further, while there may be some overlap in the searches of the inventions, there is no reason to believe that the searches would be identical. Therefore, based on the additional work involved in searching and examining the distinct inventions together, restriction of the distinct inventions is clearly proper.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 112
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.
Claim(s) 1-3 is/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.
Claim 1 recites the limitation "the sliding motion" in line 8. There is insufficient antecedent basis for this limitation in the claim. Claim(s) 2-3 are included in this rejection by virtue of their dependency upon a rejected base claim.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chiba (JP S63102663-A; with English machine translation).
Regarding claim 1, Chiba discloses a cartridge for a plurality of petri-dishes, comprising: a cylindrical cartridge housing configured to receive the plurality of petri-dishes
in a stack aligned with an axial direction of the cartridge housing in an interior space of the cartridge housing such that the stack of petri-dishes can be moved in the axial direction within the interior space (FIGS. 1-9: basket (6) configured to receive the plurality of petri-dishes (1); see pages 3-7 of the English machine translation document), wherein an axial end portion of the cartridge housing has a first opening dimensioned so that the petri-dishes can be exposed from the cartridge housing by the sliding motion in the axial direction (see FIGS. 2-9: basket (6) includes an upper opening),
wherein another axial end portion of the cartridge housing has a second opening dimensioned to prevent removal of the petri-dishes through the second opening and so that a piston can be inserted into the interior space of the cartridge housing for moving the stack of petri-dishes in the axial direction towards the first opening (see FIGS. 2-9: basket (6) includes a lower opening configured to receive a lifting device (7a,b); pages 5 to 6);
Furthermore, it is noted that the phrase “can be” renders the limitation(s) following the phrase optional. Furthermore, it is noted that the recitations of functional language "e.g., for a plurality of petri-dishes; to receive the plurality of petri-dishes in a stack aligned with an axial direction of the cartridge housing in an interior space of the cartridge housing such that the stack of petri-dishes can be moved in the axial direction within the interior space; and, for moving the stack of petri-dishes in the axial direction towards the first opening" are drawn to intended use of the claimed invention. It is noted that a recitation directed to the manner in which a claimed apparatus is intended to be used does not distinguish the claimed apparatus from the prior art, if the prior art has the capability to so perform. Apparatus claims must distinguish from the prior art in terms of structure rather than function (see MPEP 2114). The prior art discloses all of the structural features of the claimed cartridge and thus since the structure is the same, the claimed functions are apparent.
Therefore, Chiba meets and anticipates the limitations set forth in claim(s) 1.
Claim Rejections - 35 USC § 103
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 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.
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.
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chiba as applied to claim 1 above, and further in view of Mori (JP 2004-154099-A; with English machine translation).
Regarding claims 2-3, Chiba discloses the cartridge according to claim 1. Chiba discloses wherein a plurality of petri-dishes in a stack received in the interior space of the cartridge housing (see FIGS. 1-9), but does not explicitly disclose that the plurality of petri-dishes in the stack received in the interior space of the cartridge housing is in a sterile environment, and a film respectively sealing the first and second openings in a removable manner. Although Chiba does not explicitly disclose wherein the petri-dishes are sealed with a removable film in a sterile environment, Chiba discloses that petri-dishes are used for containing culture medium (see page 1). Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have employed a removable sealing film with the openings of the cartridge housing of Chiba in a sterile manner, because Mori discloses that it is well known in the art to maintain culture petri-dishes in a sterile environment by employing covers (see Mori at pages 1-2 of the English machine translation document). One of ordinary skill in the art would have made said modification for the purpose of preserving the culture medium within the petri-dishes.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zhu et al. (CN 108130263-A) disclose a cartridge housing adapted to receive a plurality of petri-dishes.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LIBAN M HASSAN whose telephone number is (571)270-7636. The examiner can normally be reached on 8:30 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Marcheschi can be reached on 5712721374. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LIBAN M HASSAN/Primary Examiner, Art Unit 1799