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 .
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.
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.
Claims 1, 3-5 and 7-20 are 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.
Claim 1 is indefinite because it is not clear from the current claim language if the “a control structure” is just configured “to control transferring a sample tube between the oscillation incubator and the centrifugal machine” or also to perform the process steps additionally recited in the claim. The current claim language does not clearly convey that the “control structure” is also configured to perform the steps to enrich neurogenic exosomes as intended in the wherein claim language with respect to the “control structure”.
Additionally, recitation of “a set of oscillation incubator and centrifugal machine are provided”; “an oscillation incubator and a centrifugal machine are provided according to a number of different types of sample tubes”; and “a plurality of sets of oscillation incubators and centrifugal machines are provided” is considered indefinite because: i) it is not clear if these are the same “an oscillation incubator” and “a centrifugal machine” already recited or additional structures; and ii) it is not clear if the additional language relates to the configuration of the “control structure” or are merely statements of intended use. As a result, the metes and bounds of the claim cannot be clearly determined.
Clarification and/or correction is requested.
Claims 3-5 and 7-20 are indefinite based on their dependency from indefinite claim 1 and do not cure the deficiencies of claim 1.
Response to Arguments
Objection to the Drawings
The objection to the drawings have been withdrawn in view the corrected drawings dated 7/7/2026 and related comments on page 8 of the response dated 7/7/2026.
Claim Objections
The objection of claim 16 has been withdrawn in view of the amendments to claim 16 and related comments on page 8 of the response dated 7/7/2026.
Rejections Under 35 USC 112
The rejection of claims 4-20 under 35 USC 112(b) have been withdrawn in view of the amendments to the claims and related comments on page 9 of the response dated 7/7/2026.
Rejections Under 35 USC 102
The rejection of claim 1 under 35 USC 102 has been withdrawn in view of the amendments to claim 1 and related comments on page 9 of the response dated 7/7/2026.
Rejections Under 35 USC 103
The rejection of claims 2-20 under 35 USC 103 have been withdrawn in view of the amendments to claim 1 and related comments on pages 9-13 of the response dated 7/7/2026.
Allowable Subject Matter
Claims 1, 3-5 and 7-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. Note: It is suggested that claim 1 be amended to address the 35 USC 112(b) issues discussed above and specifically recite that the control structure is configured to perform the specific processing steps recited in claim 1.
The following is a statement of reasons for the indication of allowable subject matter:
Claims 1, 3-5 and 7-20 would be allowable if claim 1 is amended to address the 35 USC 112(b) issues discussed above. The prior art of record does not teach or fairly suggest the apparatus of claim 1 for the reasons articulated on pages 9-13 of the response dated 7/7/2026.
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 WILLIAM H BEISNER whose telephone number is (571)272-1269. The examiner can normally be reached on Mon-Fri from 8am to 5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL A MARCHESCHI, can be reached at telephone number (571)272-1374. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/William H. Beisner/
Primary Examiner
Art Unit 1799
WHB
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