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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/21/25 has been entered.
Response to Arguments
Applicant's arguments filed 08/21/25 have been fully considered but they are not persuasive.
On pages 8 regarding 112 rejections Applicant argues amendments overcome the rejection of record.
The Examiner respectfully agrees and withdraws 112 rejections.
On pages 9-12 regarding prior art rejections Applicant argues amendments overcome the rejections of record.
The Examiner respectfully refers to the rejection below regarding amended and new claims.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first height, second height, third height, fourth height, all the coplanar surfaces of the various channels, the monolithic “portion”, the first centerline, the second centerline, the first surface, the second surface, the fifth height, sixth height, vertical mirror, closed loop path, the length of the device, opposite side portions of the device, first end portion of an inlet first-generation first channel, first end portion of the inlet second channel, lower end portion of one or more first channels of the first branching channel network, upper end portion of the one or more second channels, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: first height, second height, third height, fourth height, coplanar surfaces for the first channels, second channels, other second channels, and third channels, first fluid, second fluid, monolithic portion, first centerline, second centerline, second surface, sixth height, fifth height, vertical mirror, closed loop path, opposite side portions of the device, length of the cell scaffold device, first end portions of the inlets, lower end portion of one or more first channels, upper end portion of the one or more second channels.
Claim Objections
Claims 1, 4-5, 10-11, 13-15, 17, 21-24, 26-27 are objected to because of the following informalities:
Claim 1 is objected to for referring to producing a 3d structure with “interwoven channels” but it is unclear how, if at all, these “channels” relate to the previously recited channels, channel networks, etc.
Claim 24 is objected to for referring to “each respective channel” with improper antecedent basis.
Remaining claims are objected to for depending on an objected claim.
Appropriate correction is required.
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.
Claims 2, 25 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 pre-AIA the applicant regards as the invention.
Claim 2 is indefinite for referring to “the first layer of the second branching channel network” when it is unclear what the reference to a “layer” means.
Claim 25 is indefinite for claiming the third channel network is a “vertical mirror” to the first network, when it is unclear what it means to be a “vertical mirror”. The specification fails to mention the term or describe anything similar in any way, making it unclear what this is intended to mean.
Remaining claims are rejected for depending on an indefinite claim.
Allowable Subject Matter
Claims 4-5, 10-11, 13-15, 17, 21-23, 26-27 are objected to for depending on an objected claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jacqueline Woznicki whose telephone number is (571)270-5603. The examiner can normally be reached M-Th 10am-6pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerrah Edwards can be reached on 408-918-7557. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jacqueline Woznicki/Primary Examiner, Art Unit 3774 10/28/25