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 6/8/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Status
Claims 1-6 are pending and are being examined.
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 1-6 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 “on an LMA” in the preamble. The Applicant does not provide the definition to the abbreviation “LMA” in the claim or in the instant specification. Thus, it is unclear as to what the abbreviation LMA stands for, Applicant must define it in the claim before the abbreviation is used for the first time. Claims 2-6 are rejected by virtue of dependency on claim 1.
Allowable Subject Matter
Claims 1-6 would 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.
The following is a statement of reasons for the indication of allowable subject matter: the prior art does not disclose nor render obvious the controller as claimed in independent claim 1 and dependent claims 2-6 with particular attention to the limitation “a system ensuring a scattering of cells on an LMA in a desired appropriate-depth and pattern, comprising; an electro-magnetic focusing system wherein the electro-magnetic focusing system guides the cells in the LMA to be sprayed on a lame constantly moving at a low speed with at least one electric motor and containing a flexible connection determining a scattering pattern of the cells coming out of at least one droplet nozzle, and the electro-magnetic focusing system allows the cells to send individual droplets from the at least one droplet nozzle in different directions in x and y coordinates at the desired depth and a desired speed depending on a nozzle movement with an electro-magnetic direction, the at least one droplet nozzle with the flexible connection, wherein a magnetic material is provided on the at least one droplet nozzle to be used in a movement of the at least one droplet nozzle and enables the individual droplets to exit and move in x and y axes, and the at least one droplet nozzle moves with an electro-magnetic guidance, an electrical winding, wherein the electrical winding provides the electro-magnetic guidance on the movement of the at least one droplet nozzle by determining different current directions and current amounts for an electro-magnetic focusing, the at least one electric motor, wherein the at least one electric motor enables a movement of the lame carrying the LMA, and provides an arrangement of the scattering pattern of the cells by determining a direction and a speed of the movement of the lame with a worm screw and the at least one electric motor, a control system, wherein the control system provides an adjustment of a speed of the electro-magnetic focusing system in accordance with a user's desire, and controls voltage and current directions of electro-magnetic focusing windings and the at least one electric motor in terms of the speed and the direction of the movement of the lame carrying the LMA”.
The closest prior art being Buchanan et al (US 20230384201 A1; hereinafter “Buchanan”; priority filed on 3/14/2013) and Slaven (WO 2015079048 A1; hereinafter “Slaven”; already of record on IDS filed on 6/8/2023).
Buchanan teaches a system ensuring a scattering of cells on an LMA in a desired appropriate-depth and pattern (Buchanan; Abstract), comprising; an electro-magnetic focusing system wherein the electro-magnetic focusing system guides the cells in the LMA to be sprayed on a lame constantly moving at a low speed with at least one electric motor and containing a flexible connection determining a scattering pattern of the cells coming out of at least one droplet nozzle (Buchanan; para [30, 32]; these limitations are directed to the function and/or the manner of operating the system, all the structural limitations of the claim has been disclosed by Buchanan and the system of Buchanan is capable of “guides the cells in the LMA to be sprayed on a lame constantly moving at a low speed with at least one electric motor”. As such, it is deemed that the claimed system is not differentiated from the system of Buchanan (see MPEP §2114). Additionally, the LMA and lame are not positively recited elements thus are not required by the system), and the electro-magnetic focusing system allows the cells to send individual droplets from the at least one droplet nozzle in different directions in x and y coordinates at the desired depth and a desired speed depending on a nozzle movement with an electro-magnetic direction (Buchanan; para [10, 30, 32]), the at least one droplet nozzle with the flexible connection, wherein a magnetic material is provided on the at least one droplet nozzle to be used in a movement of the at least one droplet nozzle and enables the individual droplets to exit and move in x and y axes, and the at least one droplet nozzle moves with an electro-magnetic guidance (Buchanan; Fig. 4; para [10, 30, 32]). Buchanan does not teach an electrical winding, wherein the electrical winding provides the electro-magnetic guidance on the movement of the at least one droplet nozzle by determining different current directions and current amounts for an electro-magnetic focusing.
Slaven teaches a system ensuring a scattering of cells on an LMA in a desired appropriate-depth and pattern, comprising; at least one electric motor, wherein the at least one electric motor enables a movement of the lame carrying the LMA (Slaven; Fig. 11a; page 19, para [2]). Slaven fails to teach the electro-magnetic focusing system, thus it would not be obvious for the motor of Slaven to “provides an arrangement of the scattering pattern of the cells by determining a direction and a speed of the movement of the lame with a worm screw and the at least one electric motor”.
Buchanan teaches a dispensing system which can be used on the LMA. Slaven teaches an electrophoresis system wherein the lame moves the LMA with respect to the detector. Thus, it would not have been obvious to combine Buchanan directed to the dispensing system with Slaven directed to an optical system. Buchanan and Slaven fail to teach the electrical winding.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Austin Q Le whose telephone number is (571)272-7556. The examiner can normally be reached Monday - Friday 9am - 5pm.
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/A.Q.L./Examiner, Art Unit 1796
/MATTHEW D KRCHA/Primary Examiner, Art Unit 1796
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