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 Arguments
Applicant’s arguments, see pages 8 – 11 (the independent claims 1, 14 and 18 section and the Falconi fig. 2/3 discussion distinguishing the sensor-actuator couples and two-terminal resistor as single-plane elements), filed on 6/22/2026, with respect to the rejections of claims 1 – 3 and 14 – 20 under 35 U.S.C. 102(a)(2) as anticipated by Falconi have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of new grounds of rejection under 35 U.S.C. 112(a) and 112(b) set forth below. Claims 1 – 20 are newly rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement, because the amended limitation reciting a heating wire or heating module that “crosses boundaries of one or more components of the MEA platform” (claim 1, 14, 18) is not described in the specification in a manner that reasonably conveys that the inventor had possession of this subject matter, as further explained below. Additionally, claim 18 is rejected under 35 U.S.C. 112(b) as indefinite for lacking antecedent basis for “the MEA platform.”
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
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 1 – 20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1 and 14 recite a heating wire or heating module as recited in claim 18 configured to control a transfer of heat “through a heating wire that crosses boundaries of one or more components of the MEA platform” (claims 1 and 14) or “wherein the heating module crosses boundaries of one or more components of the MEA platform” (claim 18).
The specification defines the components of the MEA platform as the cell culture container 101, the MEA 105, the temperature control device 107, the analog front-end 108, and the digital baseband 109 (see [0053]). However, every disclosed embodiment describing a heating wire or heating structure “crossing boundaries” describes it as crossing boundaries of the interposer, printed circuit board (PCB), and/or bonding wire (see [0094], [0099], [0125], [0138]), external packaging structures onto which the MEA platform is mounted (see para [0011], [0075] – [0081]), not components of the platform itself. The specification therefore does not reasonably convey that the inventor had possession of a heating wire/module crossing boundaries of the MEA platform’s own components. Applicant should identify support or amend to conform to the disclosed language.
Claim 18 recites the limitation "the MEA platform" in the last clause of the claim. There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
Claims 1, 14 and 18 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, set forth in this Office action. Claim 18 would further be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
THIS ACTION IS MADE FINAL. 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 Manuel Castellon whose telephone number is (571)272-4575. The examiner can normally be reached Monday - Friday 8:00 am - 4:00 pm.
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/MANUEL SALVADOR CASTELLON JR/Examiner, Art Unit 2855
/NATALIE HULS/Primary Examiner, Art Unit 2855
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