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
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) 79-81 and 84-85 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Drugmand (US 2023/0017014).
Regarding claim 79, Drugmand teaches a bioreactor (302) comprising a bioreactor including a cell culture bed (fixed bed, Drugman, [0067]) for receiving the liquid; a first external loop (104) connected to the bioreactor, the first external loop associated with a pump for circulating the liquid; and a gas injector (142) for injecting a gas into the liquid.
Regarding claim 80, the gas injector injects the gas into the liquid in the first external loop or the gas injector injects the gas into the liquid in an external vessel associated with the first external loop. (Drugman, [0077] and [0115])
Regarding claim 81, the bioreactor is adapted for creating a falling film of liquid (headspace, Drugmand, [0096]).
Regarding claim 84, a sensor (Drugmand, [0069]) for sensing an amount of gas in the liquid, the sensor generating an output signal for use in regulating the pump for pumping liquid through the first external loop or regulating the gas injector for injecting gas into the liquid.
Regarding claim 85, a second external loop for circulating liquid from a liquid media supply tank to the bioreactor. Drugman, [0118] “may comprise a heating element for warming a liquid external to the bioreactor, which is then delivered to the extender 150 (such as via a recirculation loop 204, as shown in FIG. 12B) to warm it.”
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 82-83 and 86-98 is/are rejected under 35 U.S.C. 103 as being unpatentable over Drugmand in view of Ferrie (US 11,118,151).
Refer above for the teachings of Drugmand.
Drugmand fails to teach a second vessel/media vessel for providing a transfection material to the liquid.
Ferrie teaches a fixed bed reactor comprising a second vessel/media vessel for providing an transfection material to a bioreactor (302). (inoculation step, Feerie, col. 16, Lines 34-43)
It would have been obvious to one having ordinary skill in the art to provide the device of Drugman with a second vessel for providing a transfection material to the bioreactor as taught by Ferrie in order to increase the versatility of the device such as transfection of cells.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JYOTI NAGPAUL whose telephone number is (571)272-1273. The examiner can normally be reached M-F 9am to 5pm, EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Capozzi can be reached at 571-270-3638. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JYOTI Mutreja/Primary Examiner, Art Unit 1798
