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 1-3, in the reply filed on 12/10/2025 is acknowledged.
Claims 4-8 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/10/2025.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 03/15/2023 and 05/26/2023 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Takeuchi et al. (US Patent Application Publication 2017/0274121) in view of Vunjak-Novakovic et al. (US Patent Application Publication 2012/0035742).
Regarding claim 1, Takeuchi et al. discloses a device for constructing a three-dimensional muscle tissue (Abstract, para. 104), comprising:
a culture tank (50) having a culture space (para. 51, 73-75) (Fig. 2, sheet 2 of 13),
a first connector and a second connector provided at positions opposite to each other within the culture space (see first and second connectors 42 provided at positions opposite to each other within the culture space of tank 50) (para. 53) (Figs. 2-3, sheets 2-3 of 13),
a culture medium inlet (42b) provided at the first connector (para. 54, 74-75) (Fig. 2, sheet 2 of 13),
a first support member (42d) provided at the first connector (para. 58) (Figs. 2-6, sheets 4 of 13) and from which culture medium introduced from the culture medium inlet is enable to be discharged (para. 75) (Fig. 2, sheet 2 of 13),
a second support member (42d) provided at the second connector (para. 58) (Figs. 2-6, sheets 4 of 13) and into which culture medium is enabled to flow (para. 76) (Figs. 2-6, sheets 4 of 13),
a first muscle tissue anchor (42c) engaged to the first connector (para. 54-55, 66-69, 104) (Figs. 2-9, sheets 2-5 of 13), and
a second muscle tissue anchor (42c) engaged to the second connector (para. 54-55, 66-69, 104) (Figs. 2-9, sheets 2-5 of 13).
Takeuchi et al. discloses a single support member provided at each of the first and second connectors, respectively, rather than a plurality of first support members that are provided at the first connector and a plurality of second support members that are provided at the second connector.
Nonetheless, it has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced (MPEP §2144.04).
Furthermore, Vunjak-Novakovic et al. discloses a device for constructing a three-dimensional tissue (Abstract, para. 8) comprising first and second connectors configured to perfuse medium through the tissue (para. 45-46) (Figs. 1E-1F, sheet 3 of 16), each connector having a plurality of needles provided thereon for perfusing medium (para. 44-46) (Figs. 1E-1F, sheet 3 of 16).
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed invention to modify the device disclosed by Takeuchi et al. to comprise a plurality of first support members provided at the first connector through which culture medium is enabled to be discharged and a plurality of second support members provided at the second connector into which culture medium is enabled to flow, as such a modification represents mere duplication of the respective first and second support members already disclosed by Takeuchi et al., and because Vunjak-Novakovic et al. teaches that a configuration including multiple perfusion flow paths provided at a single connector was known in the art. Such a modification would yield the predictable result of allowing multiple perfusion flow paths at a single inlet connector and outlet connector, respectively, and the skilled artisan would have been motivated to enhance ease of use of the device by providing multiple perfusion flow paths through a single inlet and a single outlet.
Regarding claim 2, Takeuchi et al. discloses wherein the device comprises a channel-forming member (43) for culture medium (para. 53, 58, 60, 71, 75) that are engaged to the first support member and the second support member (para. 58, 60) (Figs. 2-9, sheets 2-5 of 13). Takeuchi et al. in view of Vunjak-Novakovic et al. discloses a plurality of each of the first and second support members, as set forth above, and therefore the prior art combination arrives at the claim subject matter of a plurality of channel-forming members for culture medium that are engaged to the first support members and the second support members.
Regarding claim 3, Takeuchi et al. discloses wherein the device comprises a pump (60) for supplying culture medium to the culture medium inlet (para. 51, 75) (Fig. 2, sheet 2 of 13).
Conclusion
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/HOLLY KIPOUROS/Primary Examiner, Art Unit 1799