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 .
DETAILED ACTION
1. Claims 1-5 are pending.
2. Applicant’s election without traverse of Group I, claims 1-3 in the reply filed on 04/06/26 is acknowledged.
3. Claims 4 and 5 are withdrawn from further consideration by the Examiner, 37 C.F.R. § 1.142(b) as being drawn to nonelected inventions.
Claims 1-3 read on a cell fusion method are under consideration in the instant application.
4. Applicant’s provision of the foreign priority document Japan 2021-031896 is acknowledged. However, an English translation has not been provided in accordance with 37 CFR 1.55. See MPEP § 201.15.
5. 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
6. 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.
7. Claims 1-3 are rejected under 35 U.S.C. 102(a)(1)/(2) as being anticipated by or alternatively as been obvious over US Patent 5346825 or US Patent Application 20160115479 or US Patent Application 20130011899
US Patent ‘825 teaches a method of cell fusion comprising pressurizing by a pressurization portion a solution comprising multiple cells and a fusion promoting agent such as polyethylene glycol(PEG) ( see entire document, paragraph 5, 8 in particular).
US Patent Application ‘479 teaches a method of cell fusion comprising pressurizing by a pressurization portion a solution comprising multiple cells and a fusion promoting agent such as polyethylene glycol(PEG) ( see entire document, paragraphs 0064 0080, 0082,in particular)
US Patent Application ‘899 teaches a method of cell fusion comprising pressurizing by a pressurization portion a solution comprising multiple cells and a fusion promoting agent such as polyethylene glycol(PEG) ( see entire document, paragraphs 0005, 0020,0091 0132,in particular).
Claim 2 is included because it would be conventional and within the skill of the art to determine the optimum pressure to be administered for cell fusion. Further, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 220 F2d 454,456,105 USPQ 233; 235 (CCPA 1955). see MPEP § 2144.05 part II A.
The reference teaching anticipates or alternatively are prima facie obvious to one of ordinary skill in the art at the time the invention was made, as evidenced by the references, especially in the absence of evidence to the contrary.
8. No claim is allowed.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michail Belyavskyi whose telephone number is 571/272-0840. The examiner can normally be reached Monday through Friday from 9:00 AM to 5:30 PM. A message may be left on the examiner's voice mail service. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Gregory Emch can be reached on 571/ 272-8149
The fax number for the organization where this application or proceeding is assigned is 571/273-8300
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/MICHAIL A BELYAVSKYI/Primary Examiner, Art Unit 1644
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