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 1-5, 21, 23-28 and 45 in the reply filed on 29 June 2026 is acknowledged.
Claims 47, 50, 52, 57 and 61-63 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected methods, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 29 June 2026.
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 and 2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hui (US 20080199958).
With respect to claim 1, Hui discloses a cell culture flask comprising a flask body defining a cavity for receiving a cell culture medium. Hui shows that the flask includes at least one elongated neck that defines an opening into the cavity. The flask further includes a base and a sidewall that extends from the neck to the base. The sidewall includes a circumferential beveled portion that extends from an outermost periphery of the flask body to the base of the flask body at a constant angle.
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With respect to claim 2, Hui discloses the apparatus as described above. Hui further shows that the sidewall angle is approximately 45 degrees.
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Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tunac (US 4665035).
Tunac discloses a cell culture flask comprising a flask body defining a cavity for receiving a cell culture medium. Tunac shows that the flask includes at least one elongated neck that defines an opening into the cavity. The flask further includes a base and a sidewall that extends from the neck to the base. The sidewall includes a circumferential beveled portion that extends from an outermost periphery of the flask body to the base of the flask body at a constant angle.
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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.
Claims 3-5 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over either Hui (US 20080199958) or Tunac (US 4665035) each as applied to claim 1, and further in view of Ryan (US 20080131957).
With respect to claims 3 and 4, Hui and Tunac each disclose the apparatus set forth in claim 1. Hui and Tunac, however, do not expressly disclose that the base surface includes a central concave portion.
Ryan discloses a cell culture flask comprising a flask body having at least one elongate neck, a sidewall and a base. The base is defined by a central concave portion (Figure 4:11) created by a base surface extending from an outer circumferential edge to an inner circumferential edge.
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Before the effective filing date of the claimed invention, it would have been obvious to provide each of the Hui and Tunac devices with a central concave portion defined by a base surface extending from an outer circumferential edge to an inner circumferential edge. Ryan indicates that this provides the beneficial effect of improving mixing by preventing the accumulation of biomaterial at the center of the flask (“the hump feature 11 on the bottom surface 51 eliminates any potential dead spot directly below the central axis ”).
With respect to claims 5 and 21, Hui and Tunac each disclose the apparatus set forth in claim 1. Tunac further teaches that at least one baffle 23, 24 extends radially inward into the flask body. Hui and Tunac, however, do not expressly disclose at least one baffle that forms an indent in the flask.
Ryan discloses the cell culture flask as described above. The flask body further includes a plurality of baffles (Figure 1:50) that extend in a radially inward direction relative to the central axis of the flask to form indentions in the flask. This is described in paragraph [0022]. Ryan states that the baffles should be disposed equidistantly along the interior sidewall about the central axis and states that the number of baffles may vary. Accordingly, those of ordinary skill would have considered embodiments in which there are 6 baffles spaced equidistantly along the circumference of the flask.
Before the effective filing date of the claimed invention, it would have been obvious to ensure that the Hui and Tunac devices are each characterized by a plurality of baffles that form indentions into the flask. Ryan teaches that baffles formed in this manner effectively improve mixing and oxygen uniformity during cell culture (“the baffles 50 project into the vessel cavity and, in combination with the impeller assembly 20, create and enable turbulence with the vessel interior”).
Claims 23-25 are rejected under 35 U.S.C. 103 as being unpatentable over Hui (US 20080199958) in view of Van Skaik (US 20210212899).
Hui discloses a cell culture flask comprising a flask body defining a cavity for receiving a cell culture medium. Hui shows that the flask includes at least one elongated neck that defines an opening into the cavity. The flask further includes a base and a sidewall that extends from the neck to the base. The sidewall includes a circumferential beveled portion that extends from an outermost periphery of the flask body to the base of the flask body at a constant angle. Hui further shows that the sidewall angle is approximately 45 degrees. Hui, however, does not teach that the beveled portion is defined by a plurality of facets.
Van Skaik discloses a flask comprising an elongate neck, a base, and a sidewall. The bottom of the flask appears to include a beveled portion that extends to the base. Van Skaik indicates that the sidewall further includes a circumferential faceted portion that extends from an outermost periphery of the flask body to the base that is defined by a plurality of facets (Figure 4:42, 44) that extend circumferentially around the flask body. This is described in paragraphs [0025]-[0030].
Before the effective filing date of the claimed invention, it would have been obvious to include a plurality of facets distributed circumferentially about the beveled portion of Hui. Van Skaik indicates that the facets provide the beneficial function of creating optical windows at different locations along the flask body. Those of ordinary skill would have understood that the addition of facets may also improve gripping/handling of the flask and may also enhance mixing. The facets may also create a desirable visual effect.
Claims 26-28 and 45 are rejected under 35 U.S.C. 103 as being unpatentable over Hui (US 20080199958) in view of Van Skaik (US 20210212899) as applied to claim 23, and further in view of Ryan (US 20080131957).
With respect to claims 26 and 27, Hui and Van Skaik disclose the combination set forth in claim 23. Hui and Van Skaik, however, do not expressly disclose that the base surface includes a central concave portion.
Ryan discloses a cell culture flask comprising a flask body having at least one elongate neck, a sidewall and a base. The base is defined by a central concave portion (Figure 4:11) created by a base surface extending from an outer circumferential edge to an inner circumferential edge.
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Before the effective filing date of the claimed invention, it would have been obvious to provide the modified Hui device with a central concave portion defined by a base surface extending from an outer circumferential edge to an inner circumferential edge. Ryan indicates that this provides the beneficial effect of improving mixing by preventing the accumulation of biomaterial at the center of the flask (“the hump feature 11 on the bottom surface 51 eliminates any potential dead spot directly below the central axis ”).
With respect to claims 28 and 45, Hui and Van Skaik disclose the combination set forth in claim 23, however do not expressly disclose at least one baffle that forms an indent in the flask.
Ryan discloses the cell culture flask as described above. The flask body further includes a plurality of baffles (Figure 1:50) that extend in a radially inward direction relative to the central axis of the flask to form indentions in the flask. This is described in paragraph [0022]. Ryan states that the baffles should be disposed equidistantly along the interior sidewall about the central axis and states that the number of baffles may vary. Accordingly, those of ordinary skill would have considered embodiments in which there are 6 baffles spaced equidistantly along the circumference of the flask.
Before the effective filing date of the claimed invention, it would have been obvious to ensure that the modified Hui device is characterized by a plurality of baffles that form indentions into the flask. Ryan teaches that baffles formed in this manner effectively improve mixing and oxygen uniformity during cell culture (“the baffles 50 project into the vessel cavity and, in combination with the impeller assembly 20, create and enable turbulence with the vessel interior”).
Claims 23-25 are rejected under 35 U.S.C. 103 as being unpatentable over Tunac (US 4665035) in view of Van Skaik (US 20210212899).
Tunac discloses a cell culture flask comprising a flask body defining a cavity for receiving a cell culture medium. Tunac shows that the flask includes at least one elongated neck that defines an opening into the cavity. The flask further includes a base and a sidewall that extends from the neck to the base. The sidewall includes a circumferential beveled portion that extends from an outermost periphery of the flask body to the base of the flask body at a constant angle. Tunac further shows that the sidewall angle is approximately 60 degrees. Tunac, however, does not teach that the beveled portion is defined by a plurality of facets.
Van Skaik discloses a flask comprising an elongate neck, a base, and a sidewall. The bottom of the flask appears to include a beveled portion that extends to the base. Van Skaik further includes that the sidewall includes a circumferential faceted portion that extends from an outermost periphery of the flask body to the base that is defined by a plurality of facets (Figure 4:42, 44) that extend circumferentially around the flask body. This is described in paragraphs [0025]-[0030].
Before the effective filing date of the claimed invention, it would have been obvious to include a plurality of facets distributed circumferentially about the beveled portion of Tunac. Van Skaik indicates that the facets provide the beneficial function of creating optical windows at different locations along the flask body. Those of ordinary skill would have understood that the addition of facets may also improve gripping/handling of the flask and may also enhance mixing. The facets may also create a desirable visual effect.
Claims 26-28 and 45 are rejected under 35 U.S.C. 103 as being unpatentable over Tunac (US 4665035) in view of Van Skaik (US 20210212899) as applied to claim 23, and further in view of Ryan (US 20080131957).
With respect to claims 26 and 27, Tunac and Van Skaik disclose the combination set forth in claim 23. Tunac and Van Skaik, however, do not expressly disclose that the base surface includes a central concave portion.
Ryan discloses a cell culture flask comprising a flask body having at least one elongate neck, a sidewall and a base. The base is defined by a central concave portion (Figure 4:11) created by a base surface extending from an outer circumferential edge to an inner circumferential edge.
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Before the effective filing date of the claimed invention, it would have been obvious to provide the modified Tunac device with a central concave portion defined by a base surface extending from an outer circumferential edge to an inner circumferential edge. Ryan indicates that this provides the beneficial effect of improving mixing by preventing the accumulation of biomaterial at the center of the flask (“the hump feature 11 on the bottom surface 51 eliminates any potential dead spot directly below the central axis ”).
With respect to claims 28 and 45, Tunac and Van Skaik disclose the combination set forth in claim 23. Tunac further teaches that at least one baffle 23, 24 extends radially inward into the flask body. Tunac, however, does not expressly disclose at least one baffle that forms an indent in the flask.
Ryan discloses the cell culture flask as described above. The flask body further includes a plurality of baffles (Figure 1:50) that extend in a radially inward direction relative to the central axis of the flask to form indentions in the flask. This is described in paragraph [0022]. Ryan states that the baffles should be disposed equidistantly along the interior sidewall about the central axis and states that the number of baffles may vary. Accordingly, those of ordinary skill would have considered embodiments in which there are 6 baffles spaced equidistantly along the circumference of the flask.
Before the effective filing date of the claimed invention, it would have been obvious to ensure that the modified Tunac device is characterized by a plurality of baffles that form indentions into the flask. Ryan teaches that baffles formed in this manner effectively improve mixing and oxygen uniformity during cell culture (“the baffles 50 project into the vessel cavity and, in combination with the impeller assembly 20, create and enable turbulence with the vessel interior”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The Fournier (US 20220055786) and Ritman (US D284923) references teach the state of the art regarding flasks having faceted sidewall portions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN ANDREW BOWERS whose telephone number is (571)272-8613. The examiner can normally be reached M-F 7am-5pm.
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, Michael Marcheschi can be reached at (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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/NATHAN A BOWERS/ Primary Examiner, Art Unit 1799
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