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 .
This a NON FINAL REJECTION in response to applicant’s arguments filed May 29, 2026. Claims 2, 7, 9, 10, 16-18, and 28-34 are currently amended. Claim 35 is newly added. Claims 1, 3-6, 8, 11-15, 19-23, 25-27, and 35 are pending review in this correspondence.
Response to Amendment
Rejection of claims 1, 3-8, 11-15, 19-23, and 25-27 as being unpatentable over Yueh et al (US 2015/0291926 A1) in view of Cho et al (US 2019/0390149 A1) is withdrawn in view of applicant’s arguments filed 5/29/2026.
Rejection of claim 7 as being unpatentable over Yueh et al (US 2015/0291926 A1) and Cho et al (US 2019/0390149 A1) in view of Cruz-Acuna et al is withdrawn in view of applicant’s claim cancelation.
Rejection of claim 14 as being unpatentable over Yueh et al (US 2015/0291926 A1) and Cho et al (US 2019/0390149 A1) in view of Griffith (US 2018/0272346 A1) is withdrawn in view of applicant’s arguments filed 5/29/2026.
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.
Claim(s) 1, 3-6, 8, 11-15, and 35 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Loskill et al (US 2020/0109361 A1) (provided by applicant in IDS dated 3/20/2026).
With respect to claim 1 Loskill discloses a device for culturing organoids (carrier plate unit, See Fig. 1 and Para. 0121), comprising:
an access port (access opening 130; can be configured as two access openings 131, 132; See Figs. 1 and 21 and Paras. 0166, 0171-0173, 0191) configured to receive a solution (See Para. 0166);
a loading chamber (loading chamber 190, See Fig. 21 and Paras. 0044 and 0191), wherein the access port is located in the loading chamber (See Fig. 21 and 0191); and
a plurality of culture chambers (cultivation chambers 140, See Figs. 1-8 and Paras. 0039 and 0153), wherein the culture chambers are radiated from the loading chamber (See Para. 0153 for discussion of the cultivation chambers being arranged at a specified radial distance from the disk center point) so that the solution injected into the loading chamber through the access port is distributed into the plurality of culture chambers, wherein the plurality of culture chambers are open to an external environment (See Para. 0052 for discussion of the at least one cultivation chamber being complete or partially open in a horizontal surface of the carrier plate) and comprises a protruding edge at an opening of the plurality of culture chambers (See Fig. 8 and Para. 0128 for depiction/discussion of possible cultivation chamber geometries, to includes round, rectangular, and dumbbell-shaped).
Applicant should note that the italicized limitations are directed to the function of the apparatus and/or the manner of operating the apparatus. All the structural limitations of the claim have been disclosed by Loskill and the apparatus of Loskill is capable of the recitation of claim 1. As such, it is deemed that the claimed apparatus is not differentiated from the apparatus of Loskill (see MPEP §2114).
With respect to claim 3 Loskill discloses that the device is optically transparent (See Para. 0089 for discussion of the carrier plate unit being constructed from glass or polymer material).
With respect to claim 4 Loskill discloses that the access port is located in a center of the loading chamber (See Fig. 21 for depiction of the access openings 131,132 being centered symmetrically within the loading chamber 190).
With respect to claim 5 Loskill discloses that the pluriaty of culture chambers are symmetrical with respect to rotations about the access port (See Fig. 2 and Para. 0153 for discussion of the channels branching symmetrically; also discloses that there are 45 cultivation chambers arranged at a radial distance of 4.5 cm from the disk center point).
With respect to claim 6 it should be noted that these limitations are directed to the function of the apparatus and/or the manner of operating the apparatus. All the structural limitations of the claim have been disclosed by Loskill and the apparatus of Loskill is capable of the recitation of claim 6. As such, it is deemed that the claimed apparatus is not differentiated from the apparatus of Loskill (see MPEP §2114).
With respect to claim 8 Loskill discloses that the cells can be provided in a cell culture medium, such as a cross-linked or non-cross-linked hydrogel (See Para. 0091). Applicant should also note that the recited “solution” has not been positively recited as a feature of the claimed invention.
With respect to claim 11 Loskill discloses that each of the culture chambers has a width of a height ranging from about 100µm to about 5cm (See Paras. 0046-0047 for discussion of the dimensions of the cultivation chambers in various forms; preferred widths are 150µm in dumbbell form and 1500µm in rectangular form).
With respect to claim 12 Loskill discloses that each of the culture chambers has a width and a height of about 1 cm (See Para. 0047 for discussion of the at least one cultivation chamber, in rectangular form, having a with of 0.05 to 10mm and a height of 0.05 to 10mm; 10mm = 1cm).
With respect to claim 13 it should be noted that these limitations are directed to the function of the apparatus and/or the manner of operating the apparatus. All the structural limitations of the claim have been disclosed by Loskill and the apparatus of Loskill is capable of the recitation of claim 13. As such, it is deemed that the claimed apparatus is not differentiated from the apparatus of Loskill (see MPEP §2114).
With respect to claim 14 it should be noted that these limitations are directed to the function of the apparatus and/or the manner of operating the apparatus. All the structural limitations of the claim have been disclosed by Loskill and the apparatus of Loskill is capable of the recitation of claim 14. As such, it is deemed that the claimed apparatus is not differentiated from the apparatus of Loskill (see MPEP §2114).
With respect to claim 15 it should be noted that these limitations are directed to the function of the apparatus and/or the manner of operating the apparatus. All the structural limitations of the claim have been disclosed by Loskill and the apparatus of Loskill is capable of the recitation of claim 15. As such, it is deemed that the claimed apparatus is not differentiated from the apparatus of Loskill (see MPEP §2114).
With respect to claim 35 Loskill disclose a device for culturing organoids (carrier plate unit, See Fig. 1 and Para. 0121) comprising:
a loading chamber (loading chamber 190, See Fig. 21 and Paras. 0044 and 0191) configured to receive a solution introduced to the loading chamber via an access port (access opening 130; can be configured as two access openings 131, 132; See Figs. 1 and 21 and Paras. 0166, 0171-0173, 0191) disposed in a surface of the loading chamber (See Fig. 21 and 0191); and
a plurality of culture chambers (cultivation chambers 140, See Figs. 1-8 and Paras. 0039 and 0153) fluidly coupled to the loading chamber (via channels 150, See Fig. 7 and Para. 0127) , each of the plurality of culture chambers radiating from the loading chamber (See Para. 0153 for discussion of the cultivation chambers being arranged at a specified radial distance from the disk center point), each of the plurality of culture chambers comprising an opening to an external environment (See Para. 0052 for discussion of the at least one cultivation chamber being complete or partially open in a horizontal surface of the carrier plate),
wherein, when the solution is introduced to the loading chamber through the access port, the solution is distributed into each of the plurality of culture chambers, and
wherein each of the plurality of culture chambers comprises a protruding edge at the opening (See Fig. 8 and Para. 0128 for depiction/discussion of possible cultivation chamber geometries, to includes round, rectangular, and dumbbell-shaped).
Applicant should note that the italicized limitations are directed to the function of the apparatus and/or the manner of operating the apparatus. All the structural limitations of the claim have been disclosed by Loskill and the apparatus of Loskill is capable of the recitation of claim 35. As such, it is deemed that the claimed apparatus is not differentiated from the apparatus of Loskill (see MPEP §2114).
Allowable Subject Matter
Claims 19-23 and 25-27 are allowed.
The following is an examiner’s statement of reasons for allowance: The closest cited prior art of reference fails to disclose or fairly teach the method of claim 19, specifically the step of providing a culture media to the device through the opening of the plurality of culture chambers.
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 BRITTANY I FISHER whose telephone number is (469)295-9182. The examiner can normally be reached IFP.
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/BRITTANY I FISHER/Examiner, Art Unit 1796 August 13, 2026
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