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 .
Claim Rejections - 35 USC § 102
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.
Claims 1, 6, 9-10 and 15-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication 2015/0352229 (Brill et al.).
With regards to claim 1, Brill et al. discloses a system for facilitating cell growth comprising, as illustrated in Figures 1-21, a method for improving an illumination of a three-dimensional cellular structure 26 (e.g. monolayers of cells; paragraph [0159]) for imaging comprising the steps of culturing the structure with a scaffold 28,155 (e.g. scaffold material shaped to define chambers; paragraph [0159]); directing light (e.g. optical system 59 having optical fiber waveguide 48; paragraphs [0159],[0161],[0180],[0027],[0122],”Inventive concept 54”; Figure 5) onto the structure using the scaffold; the scaffold 28,155 itself is composed of light conducting material (e.g. optically transparent material like plastic or polystyrene scaffold - paragraphs [0165],[0027],[0108]). (See, paragraphs [0159] to [0281]).
With regards to claim 6, Brill et al. further discloses the scaffold has mirrors (e.g. mirrors coupled to the scaffold; “Inventive concept 63”; paragraphs [0173] to [0175],[0031]) thereon to direct light to the structure.
With regards to claim 9, Brill et al. further discloses light sources are disposed above and below the scaffold (e.g. observed in Figure 1 where the optical waveguide 48 is positioned above the lower scaffolding 28,155 and below the upper scaffolding 28,155).
With regards to claim 10, Brill et al. discloses a system for facilitating cell growth comprising, as illustrated in Figures 1-21, a method for improving an illumination of a three-dimensional cellular structure 26 (e.g. monolayers of cells; paragraph [0159]) for imaging comprising the steps of culturing the structure (e.g. scaffold material 28 shaped to define chambers 155; paragraph [0159]; directing light (e.g. optical system 59 having optical fiber waveguide 48; paragraphs [0159],[0161],[0180],[0027],[0122],”Inventive concept 54”; Figure 5) into the cellular structure using a light source (e.g. excitation light generated by control unit 50; paragraphs [0165],[0122]); an optical fiber 48 (e.g. optical waveguide can be an optical fiber that is inserted/disposed within scaffold material 28 which includes the cellular structure; paragraphs [0159],[0161]; observed in Figure 1) inserted into the cellular structure. (See, paragraphs [0159] to [0281]).
With regards to claim 15, Brill et al. further discloses the cellular structure 26 is an organoid or spheroid (e.g. paragraphs [0239],[0240],[0164]).
With regards to claim 16, Brill et al. further discloses the cellular structure 26 is an organoid or spheroid (e.g. paragraph [0239],[0240],[0164]).
With regards to claim 17, Brill et al. further discloses the cellular structure 26 is an organoid or spheroid (e.g. paragraphs [0239],[0240],[0164]).
With regards to claim 18, Brill et al. discloses a system for facilitating cell growth comprising, as illustrated in Figures 1-21, a method for improving an illumination of a three-dimensional cellular structure 26 (e.g. monolayers of cells; paragraph [0159]) for imaging comprising the steps of culturing the structure with a scaffold 28,155 (e.g. scaffold material shaped to define chambers; paragraph [0159]); directing light (e.g. optical system 59 having optical fiber waveguide 48; paragraphs [0159],[0161],[0180],[0027],[0122],”Inventive concept 54”; Figure 5) onto the three-dimensional cellular structure using the scaffold; the scaffold is coated with light conducting material 48 (e.g. optical waveguide can be an optical fiber that is inserted/disposed within the scaffold material; hence, the optical waveguide coats the inner surface of the scaffold; paragraphs [0161],[0163]; observed in Figure 1). (See, paragraphs [0159] to [0281]).
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 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2015/0352229 (Brill et al.) in view of U.S. Patent Application Publication 2021/0340492 (Hasselmann et al.).
With regards to claims 2 and 3, Brill et al. does not disclose the scaffold is an optical fiber or composed of glass, as claimed in these claims.
Hasselmann et al. discloses a structure composite of matrix nanoparticles comprising, as illustrated in Figures 1-16, a system for the production of composite for biological purposes formed by light or laser beam (e.g. paragraph [0057} having a scaffold structure composed of glass (e.g. glass, fibers; paragraph [0003]). (See, paragraphs [0057] to [0190]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have readily recognize the advantages and desirability of employing the scaffold is an optical fiber or composed of glass as suggested by Hasselmann et al. to the system of Brill et al. is considered to have been a matter of choice possibilities to employ glass, optical fiber or other optical-transparent material waveguide are well-known concepts use for transmitting optical signals for processing without departing from the scope of the invention.
Claims 4-5 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2015/0352229 (Brill et al.) in view of CN105126162 (Cai et al.).
With regards to claim 4, Brill et al. does not disclose the scaffold carries miniature light emitters.
Cai et al. discloses a biodegradable scaffold material comprising a scaffold carrying miniature light emitters (e.g. fluorescence PLLA nano fibrous membrane – light directing means includes miniature light emitters like fluorescence emitting particles; paragraphs [0023],[0025],[0027],[0031]). (See, paragraphs [0004]-[0031]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have readily recognize the advantages and desirability of employing the scaffold carries miniature light emitters as suggested by Cai et al. to the system of Brill et al. to have the ability to provide a preparation method that is simple where a photoluminescent property that is stabilized and biocompatibility is good such that surveying the regeneration and restoration timbering material carrying out imaging to health check-up. (See, paragraph [0007] of Cai et al.).
With regards to claim 5, Cai et al. further discloses the scaffold has constituents which chemically react to form a luminescence. (See, paragraphs [0023],[0025],[0027],[0031]).
With regards to claim 7, Brill et al. further discloses light sources of varying bandwidths (e.g. signal of light of different wavelengths; paragraph [0165]) and, while being modified by Cai et al., Cai et al. discloses a scaffold carries miniature light sources (e.g. fluorescence PLLA nano fibrous membrane – light directing means includes miniature light emitters like fluorescence emitting particles; paragraphs [0023],[0025],[0027],[0031]). Hence, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have readily recognize the advantages and desirability of employing the scaffold carries miniature light emitters as suggested by Cai et al. to the system of Brill et al. to have the ability to provide a preparation method that is simple where a photoluminescent property that is stabilized and biocompatibility is good such that surveying the regeneration and restoration timbering material carrying out imaging to health check-up. (See, paragraph [0007] of Cai et al.).
With regards to claim 8, Cai et al. further discloses the scaffold (e.g. nanofiber scaffold; paragraph [0006]) has cameras (e.g. x-ray) thereon to image an interior of the structure. (See, paragraphs [0006],[0007]).
Response to Amendment
Applicant’s arguments with respect to claims 1-10,15-18 have been considered but are moot in view of the new ground(s) of rejection and/or because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Helen C Kwok whose telephone number is (571)272-2197. The examiner can normally be reached Monday to Friday, 7:30 to 4:00 EST.
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/HELEN C KWOK/Primary Examiner, Art Unit 2855