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 1-12 in the reply filed on 02/04/2026 is acknowledged. Claim 13 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 02/04/2026.
Claim Objections
Claims 1 and 9 are objected to because of the following informalities:
Regarding claim 1, ll. 1-2 recite “An air bubble removal device for removing air bubbles from a medium which is a device for removing air bubbles from a medium”. For claim format clarity, Applicant may amend the claim by omitting “which is a device for removing air bubbles from a medium”.
Regarding claim 1, ll. 13-14 recite “the water level”. Applicant may amend the claim by omitting “water” since the medium inherently has a level.
Regarding claim 9, l. 2 recites “PH”. Applicant may correct the claim to recite “pH”.
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.
Claim 10 is 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.
Regarding claim 10, ll. 1-2 recite “a part of the length including one end”. It is unclear as to whether the length is referring to the overall length of the sensor or some other structure. Applicant may amend the claim to read “a part of the length including one end of the sensor”.
Claim Interpretation
The claims contain limitations which are directed to intended uses or capabilities of the claimed invention. These limitations are only given patentable weight to the extent which effects the structure of the claimed invention. Please see MPEP 2114. Note that functional limitations are emphasized in italics herein.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-6, 12 are rejected under 35 U.S.C. 103 as being unpatentable over Wegner et al. (US 4952509 A), in view of Alibek et al. (US 20220364126 A1, EFD 2020-11-02).
Regarding claim 1, Wegner teaches a device for removing air bubbles from a medium (“A post-fermentation degassing…apparatus…for use in degassing foamed fermentation broths containing cultured microorganisms,” wherein the foam is stated to contain a dispersed gas phase in the form of bubbles, and the medium is a culture medium; Abstract; col. 2, ll. 60-64; col. 7, l. 44; Fig. 2, Degasser apparatus 10), comprising:
a housing (tank 11; col. 9, l. 3; Fig. 1) which includes an inner space (the tank naturally contains void space confined within) for storing a predetermined amount of the medium (maintain the position of liquid surface 26 relative to the side walls of tank 11 such that surface 26 falls in the range from about 1/5 to 4/5 of the distance from the top most interior location of tank 11 (relative to the total interior height of tank 11); col. 9, ll. 33-37),
an introduction port (input feed pipe 30; col. 9, ll. 11-12); Fig. 1) through which the medium is introduced from the outside into the inner space (fermentation broth entering tank 11 through line 30; col. 10, ll. 18-19; Fig. 1), and
a discharge port (drain aperture or port 33; col. 8, l. 39; Fig. 1) through which the medium in a state where air bubbles have been removed is discharged from the inner space to the outside (liquid broth 12 which has been degassed in apparatus 10 is removed from tank 11 through the port 33; col. 10, ll. 24-25; Fig. 1) and
wherein the inner space includes a first space which is filled with a predetermined amount of the medium (“degassing zone” or space containing “collected liquid broth 12 in a lower portion of tank 11”; col. 9, ll. 18-19; col. 3, ll. 19-24; Fig. 1) and a second space which is positioned above the first space and not filled with the medium (an overhead gas or vapor space 13; col. 8, l. 45; Fig. 1), and
wherein the first space and the second space are distinguished through the water level of the medium that is introduced into the inner space from the outside through the introduction port (The spray suspension from this nozzle means is coalesced in the degassing zone to form a bulk liquid phase located in a gravitationally lower portion thereof whereby the upper surface of such bulk liquid phase can be considered to form the bottom surface of such spray zone; col. 3, ll. 19-24).
Wegner fails to teach a support part which is coupled to the housing so as to maintain the housing in a state of being spaced by a predetermined height from a bottom surface.
Alibek teaches a support part which is coupled to a housing so as to maintain the housing in a state of being spaced by a predetermined height from a bottom surface (The system can include a frame and/or a platform for supporting the system components. The system can include wheels for moving the system, as well as handles for steering, pushing and pulling when maneuvering the system; [0102]; Fig. 1).
Alibek is considered to be analogous to the claimed invention because it is in the same field of endeavor for removing foam (bubbles) from a culture medium within a bioreactor ([0029]). Alibek explains that the addition of a platform allows the fermentation system to be a mobile reactor that can generate a much higher density of live microorganisms on-site, thereby requiring a much smaller volume of the microbe-based composition ([0101]-[0103]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the degassing apparatus taught by Wegner to include a platform because making the device portable increases the versatility and efficiency of the system, and this involves combining prior art elements according to known methods to yield predictable results (See MPEP 2143(I)(A) and MPEP 2144.04(V)(A)).
Regarding claim 2, Modified Wegner teaches the air bubble removal device of claim 1, wherein the introduction port is provided in the housing to be located at a higher position than the discharge port (See position of input feed pipe 30 relative to drain aperture or port 33 in Fig. 1 of Wegner),
wherein the discharge port is provided in the housing to be located at a position communicating with the first space (Collected liquid broth 12 which has been degassed in apparatus 10 is removed from tank 11 through the port 33; col. 10, ll. 24-25; Wegner, Fig. 1), and
wherein the introduction port is provided in the housing to be located at a position communicating with the second space (input pipe 22 extends which terminates in space 13; Wegner, col. 8, ll. 67; Fig. 1).
Regarding claim 3, Modified Wegner teaches the air bubble removal device of claim 1, wherein the second space is an air bubble separation space in which air bubbles are separated as the medium flowing into the inner space through the introduction port falls into the first space (The action of the downwardly moving spray suspension in striking the surface of the foam layer causes destruction of this foam surface and in effect results in further release and separation of gas from the liquid phase of the fermentation broth; Wegner, col. 3, ll. 30-34).
Regarding claim 4, Modified Wegner teaches the air bubble removal device of claim 1, wherein the discharge port is provided in the housing to be located on a bottom surface of the inner space (the bottom wall surfaces 15 of tank 11 are sloped (as shown) to a drain aperture or port 33; Wegner, col. 8, ll. 38-39; Fig. 1).
Regarding claim 5, Modified Wegner teaches the air bubble removal device of claim 1, wherein the air bubble removal device further comprises:
a venting port which is provided in the housing to communicate with the second space (The vapor space 13 is maintained at ambient (atmospheric) pressure by vent means associated with from vapor space 13, the vent means here being illustratively provided by vent pipe or duct 31 associated with an upper central location of top wall surfaces 17; Wegner, col. 9, ll. 21-26; Fig. 1).
Regarding claim 6, Modified Wegner teaches the air bubble removal device of claim 5, wherein the air bubble removal device further comprises:
a pressure adjusting unit which is coupled to the venting port so as to control the amount of the medium stored in the inner space by adjusting the inner pressure of the inner space (”an exhaust fan 45 is associated, for example, with an upper end portion of duct 31 to assure the maintenance of a positive air flow therethrough and an ambient pressure in space 13 during operation of apparatus 10,” wherein the release of pressure within the device would naturally cause the medium to drain through the port 33 when valve 40 is open; Wegner, col. 9, ll. 27-31; Fig. 1).
Regarding claim 12, Modified Wegner teaches the air bubble removal device of claim 1, wherein the medium is a seeding medium including cells to be cultured or a culture medium including nutrients ("Spend medium" includes any unconsumed nutrients; Wegner, Table II, Foamed Fermentation Broth Characterization).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Wegner et al. (US 4952509 A), in view of Alibek et al. (US 20220364126 A1, EFD 2020-11-02), as applied to claim 1 above, and in further view of Spicer et al. (US 20150225684 A1).
Regarding claim 7, Modified Wegner teaches the air bubble removal device of claim 1.
Modified Wegner fails to teach the housing includes a housing body having the inner space and a cover member which is detachably coupled to the housing body so as to cover an open upper portion of the inner space.
Spicer teaches a housing (housing 3; [0091]; Fig. 1b) includes a housing body (culture vessel 2; [0091]; Fig. 1b) having the inner space (the culture vessel 2 naturally has an inner space) and cover member which is detachably coupled to a housing body so as to cover an open upper portion of an inner space (The lid 16 is used substantially to seal the culture vessel 2; [0092]; Fig. 1b).
Spicer is considered to be analogous to the claimed invention because it is in the same field of endeavor for monitoring a cell culture within a bioreactor. Spicer explains that the lid can be made of glass which provides the benefit of allowing the user to view the contents of the bioreactor without removing the culture vessel 2 from the housing 3 ([0091]-[0092]). Likewise, Wegner states that an observation window made of glass may be placed at the top wall surface 17 of the degasser apparatus 10 (col. 8, ll. 58-65; Fig. 1). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the degassing apparatus taught by Wegner in view of Alibek to include the glass lid as taught by Spicer because visually monitoring the liquid level in the tank while maintaining a closed system allows the user to decide if adjustments are needed, and this involves combining prior art elements according to known methods to yield predictable results (See MPEP 2143(I)(A)).
Claims 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Wegner et al. (US 4952509 A), in view of Alibek et al. (US 20220364126 A1, EFD 2020-11-02), as applied to claim 1 above, and in further view of Kauling et al. (US 20150218501 A1).
Regarding claim 8, Modified Wegner teaches the air bubble removal device of claim 1.
Modified Wegner fails to teach that the air bubble removal device further comprises a sensing part including a sensor for detecting a state of the medium that is stored in a predetermined amount in the inner space.
Kauling teaches a sensing part (sensor technology; [0009]) including a sensor for detecting a state of the medium that is stored in a predetermined amount in the inner space (“one or more sensor patches are mounted on one or more walls in the lower region, at a site defined by coordinates,” wherein “sensor patches…[are] fixed in the interior; Kauling, Abstract, [0015])(“PT100 resistance sensors for temperature control; See temperature measurement device 630 within the shaded medium in Fig. 1; [0029]).
Kauling is considered to be analogous to the claimed invention because it is in the same field of endeavor for monitoring cell culture properties within fermentation bioreactors. Wegner explicitly states that the pH and temperature conditions of the culture within the fermentor 49 must be carefully balanced to achieve maximum microorganism recovery before it is transferred to the degasser apparatus where its temperature is maintained at 5°C by a cooling jacket and pH is automatically maintained with the addition of ammonia (col. 13, ll. 19-29; col. 13, ll. 55-56). Kauling teaches the use of sensor patches and temperature resistance sensors that are attainable on the market in order to reduce the cost of the device ([0017][0037]). The bioreactor of Wegner is provided with a sight glass 16 for observing the inner space (col. 8, ll. 58-65), and therefore integrating an optical sensor patch into the system would be expected to yield successful results. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the degassing apparatus taught by Wegner in view of Alibek to include the pH or temperature sensor taught by Kauling because automatically monitoring these parameters would allow for real-time adjustment to yield the desired product at an optimal cost, and this involves combining prior art elements according to known methods to yield predictable results (See MPEP 2143(I)(A)).
Regarding claim 9, Modified Wegner teaches the air bubble removal device of claim 8, wherein the sensor includes at least one of a PH sensor for detecting the PH of the medium (pH sensor patch; Kauling, [0017]) and a temperature sensor for measuring the temperature of the medium (PT100 resistance sensors for temperature control; [0029]; See temperature measurement device 630 within the shaded medium in Fig. 1; Kauling, [0141]).
Regarding claim 10, Modified Wegner teaches the air bubble removal device of claim 8, wherein the sensor is arranged such that a part of the length including one end is submerged in the medium that is filled in the first space (“one or more sensor patches are mounted on one or more walls in the lower region, at a site defined by coordinates,” wherein “sensor patches…[are] fixed in the interior; Kauling, Abstract, [0015])(PT100 resistance sensors for temperature control are naturally required to be submerged into the medium for operation; See Fig. 1 of Kauling).
Regarding claim 11, Modified Wegner teaches the air bubble removal device of claim 8, wherein the sensing part is detachably coupled to one side of the housing (Support-fixed sensor patches…can be affixed, e.g., to a bottle wall; Kauling [0017]).
Conclusion
No claims are allowed.
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/V.S./Examiner, Art Unit 1758
/MARIS R KESSEL/Supervisory Patent Examiner, Art Unit 1758
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