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
Applicants’ election with traverse of Group I, claims 1, 2, 3, and 14, in the reply filed on April 20, 2026 is acknowledged. The traversal is on the ground(s) that there is no serious search burden. This is not found persuasive because of the reasons set forth on pages 8 and 9 of the Election/Restriction requirement mailed February 19, 2026.
The requirement is still deemed proper and is therefore made FINAL.
Applicants are reminded that upon the cancellation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
Claims Re-Joined
Claims 9 and 13 have been rejoined to the examined claims as Claim 14 depends upon Claim 13 and Claim 13 depends upon Claim 9 which is depended upon Claim 1.
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.
There is a lack of antecedent basis for “the supporting media” in claim 13. Examiner notes claim 1 recites “a supporting tray”. Claim 14 depends on claim 13 and hence is also rejected.
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.
Claims 1, 2, 3, 9, 13, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Schneir (UK Patent Application GB 2527132 A published 12/16/2015).
Schneir teaches a device comprising a temporary immersion bioreactor (Figs 1-2b; page 9, ln 6-23 – see system in Figs 1-2b which comprises an apparatus 2 as a bioreactor in which tubes 1 are immersed), wherein said bioreactor comprises: a. a tube holder (2, Fig 1-2b; page 9, ln 6-23 - see apparatus 2), wherein said tube holder comprises a bottom layer comprising a supporting tray (see Figs 1-2b; page 9, ln 20-23 – see base 3 which is a bottom layer of apparatus 2 where the base 3 has a tray shape defining a bottom 5), and a top layer comprising a tube receiver (4, Figs 1-2b; page 9, ln 2-23 – see plate 4 which forms the top layer wherein the plate 4 is a receiver for plurality of tubes 1), wherein said tube receiver comprises cavities sized and configured for receiving tubes (6, Figs 2a-b; page 9, ln 33-36 – see cavities or lacunae 6 sized to receive tubes 1); b. two or more tubes (see Figs 1-2b; page 9, ln 6-23 – see plurality of tubes 1), wherein said tubes are formed of biodegradable material (see Figs 1-2b; page 9, ln 1-2- see tubes 1 made out of biodegradable material such as cardboard), and further wherein the tubes are removably engaged by the cavities of the tube receiver, wherein the proximal end of the tube is open for receiving a plant propagule, and the distal end of the tube resides in the supporting tray of the tube holder (see Figs 7-9e; page 4, ln 15-25; page 11, ln 10-20 – see tubes 1 which are removably engaged in the cavities 6 of apparatus 2 and wherein the tube 1 receives a seedling from its proximal end as seen in Figs 9a-e and wherein the distal end of tube 1 is in the base section 5 of apparatus 2 as seen in Figs 7-8).
Schneir further teaches wherein the tube is designed of material that supports stimulation of root formation (see Figs 5a-b; page 3, ln 5-10; page 10, ln 18-19 – see tube 1 made out of cardboard and having fluid permeable end 110 at the bottom which causes the liquid to enter the tube and interact with the solid media 102 and 103 to thereby promote growth of the seedling which would thereby include root formation).
Schneir further teaches wherein the propagule is a shoot or root cutting (see Figes 7-9e; page 4, ln 15-25 – see seedling inserted in tube 1 wherein the seedling inherently has a shoot).
Schneir further teaches wherein the germination media is in the supporting tray (see Figs 5a-b, 7-9e; page 3, ln 5-10, ln 18-19 – see liquid in base 5 wherein the liquid enters the tube 1 to interact with the solid media 102 and 103 within tube 1 wherein the liquid and solid media in combination from the germination media for plant growth).
Schneir further teaches wherein the distal end of the tube has one or more openings which allows for germination media from the supporting media to enter the tube (see Figs 5a-b; page 3, ln 5-10; page 10, ln 18-19 – see tube 1 having fluid permeable opening 110 at the bottom which causes the liquid to enter the tube and interact with the solid media 102 and 103).
Schneir further teaches wherein one or more openings is sized to receive a root of the plant propagule (see Figs 51-b; page 3, ln 5-10; page 10, ln 18-19 – see tube 1 having fluid permeable opening 110 which can receive a root of the plant propagule).
Future Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENT L BELL whose telephone number is (571)272-0973. The examiner can normally be reached M- Th, 6 - 4:30pm.
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, Bratislav Stankovic can be reached at 571-270-0305. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KENT L. BELL/
Primary Examiner
Art Unit 1661
/KENT L BELL/Primary Examiner, Art Unit 1661
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