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 .
Specification
The specification refers to the first heat conduction member with reference character “1500” ([0055]). However, Fig. 2 and the specification ([0046]-[0051]) refers to the first heat conduction member 150. It is suggested to recite “1500” in [0055] as “150”.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: first fixing member and second fixing member in claim 11.
Regarding the recitation “first fixing member”, Examiner interprets the corresponding structure to be the component of the installation portion that is interchangeably the female or male portions of a snap fit (Para. [0089]; Cl. 13) and equivalents thereof.
Regarding the recitation “second fixing member”, Examiner interprets the corresponding structure to be the component of the central shaft that is interchangeably the female or male portions of a snap fit (Para. [0089]; Cl. 13) and equivalents thereof.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
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.
Claims 1-10 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Bargh et al. (US 20150307828 A1) in view of Meisser et al. (CH 647867 A5, provided in Applicant’s IDS submitted 9/28/25).
Regarding claim 1, Bargh teaches a biological reaction system (Abstract), comprising a reaction vessel (Abstract, bioreactor vessel (100), Figs. 1 and 4) and a temperature sensor (Para. [0123], temperature sensor given as an alternative to DO sensor (128'), Figs. 10A and 13; Para. [0157]), wherein
the reaction vessel includes an accommodating chamber (Abstract, bioreactor vessel (100), Figs 1 and 4) configured to accommodate a mixture of cells and liquids (Abstract, Fig. 14, gas input lines (302a-c), liquid input lines (316 and 318), cell culture module (10));
an outer side of a bottom of the reaction vessel is provided with a groove recessed in a direction towards the accommodating chamber (Fig. 13 housing the DO sensor 128');
the temperature sensor (Para. [0123], temperature sensor given as an alternative to DO sensor (128'), Figs. 10A and 13; Para. [0157]) is within the groove (Fig. 13 housing the DO sensor 128').
Bargh does not teach the temperature sensor includes a probe, the probe is within the groove; the groove is provided with a first heat conduction member, and the first heat conduction member is sleeved outside the probe.
However, Meisser teaches a temperature sensor for use in tandem with a protective outside operating as the groove, where the temperature probe, "can thus be inserted into the protective tube [groove] and thus exposed to the temperature of the boiler water without the measuring insert coming into direct contact with the medium whose temperature is to be regulated" (Pg. 3 lines 11-13).
The protective tube (Fig. 1, Comp. (3), it is the combination of components (1-4), threaded nipple (1), threaded bolt (2), tube piece (3), and thermally well insulating intermediate piece (4), pg. 4 lines 11-16) which is made up of a threaded nipple (Fig. 1, Comp. threaded nipple (1), pg. 4 lines 11-16), a threaded bolt (Fig. 1, Comp. threaded bolt (2), pg. 4 lines 11-16), a pipe section (Figs. 1 and 2, Comp. pipe section/tube piece (3), pg. 4 lines 11-16), and a thermally well insulating intermediate piece (Figs. 1 and 2, Comp. thermally well insulating intermediate piece (4), pg. 4 lines 11-16). Meisser teaches that this protective tube is used in the same context as the groove of Bargh being that it is within the liquid or media of interest leaving a hole or space for a temperature probe to be inserted for accurate measurement (Pg. 3 lines 11-13).
Meisser further teaches that the temperature probe (Figs. 1 and 2, Comp. temperature-sensing measuring element or measuring element (16), pg. 4 lines 28-31) disclosed is adhered to the interior of a sleeve (Figs. 1 and 2, Comp. sleeve (17), pg. 4 lines 28-31, pg. 5 lines 1-2). The temperature probe now including a sleeve on the outside is inserted into the groove (Pg. 3 lines 11-13; Pg. 5 lines 3-7 and 12-22, a hole in the protective tubing (bore (19)); Figs. 1 and 2, Comp. bore (19)) where there is provided a heat conduction element (Pg. 5 lines 3-7 and 12-22, heat-conducting plate (20); Fig. 2, Comp. heat-conducting plate (20)) which is elastically deformed and molded to the surface of the sleeve (Pg. 5 lines 19-22, the heat-conducting plate (20) deforms elastically between the sleeve (17) and the bore (19); Fig. 2, Comps. sleeve (17), bore (19), and heat-conducting plate (20)) following insertion of the probe).
The protective tube in tandem with the temperature probe, as described above, reads on the claim limitation the temperature sensor includes a probe (Figs. 1 and 2, Comp. temperature-sensing measuring element or measuring element (16), pg. 4 lines 28-31), the probe is within the groove (Pg. 3 lines 11-13). The groove being provided with a heat-conducting plate on the outside of the measuring element as described above reads on the claim limitation the groove (Fig. 1, Comp. (3), it is the combination of components (1-4), threaded nipple (1), threaded bolt (2), tube piece (3), and thermally well insulating intermediate piece (4), pg. 4 lines 11-16) is provided with a first heat conduction member (Fig. 1 and 2, Comp. bore (19), Pg. 5 lines 3-22), and the first heat conduction member is sleeved outside the probe (Fig. 1 and 2, Comps. measuring element (16), bore (19)).
Therefore, it would have been obvious for one of ordinary skill in the art to have substituted one known element (Bargh’s temperature sensor and groove) for another (Meisser’s temperature sensor housed within a protective groove), and the results of the substitution would have been predictable (e.g. allowing for accurate temperature measurement of the vessel reaction volume while protecting the components of the sensing probe).
Regarding claim 2, modified Bargh teaches all of the elements of the current invention as stated with respect to claim 1.
Modified Bargh teaches a second heat conduction member (Pg. 5 lines 3-7 and 12-22, heat-conducting plate (20); Fig. 2, Comp. heat-conducting plate (20)), wherein at least part of the second heat conduction member is located between the probe (Comp. measuring element (16)) and the first heat conduction member (Fig. 1 and 2, Comps. measuring element (16), heat-conducting plate (20), and bore (19); the ordering of the layer surrounding the measuring element can be seen clearly in Fig. 2 ),
However, modified Bargh does not teach that a portion of an inner surface of the second heat conduction member is adhered with the probe, and a portion of an outer surface of the second heat conduction member is adhered with an inner surface of the first heat conduction member.
Meisser further teaches the use of glue (Pg. 4 lines 28-31, Comps. temperature-sensing measuring element (16) and sleeve (17)) to adhere the insulating layer (Figs. 1 and 2, Comp. sleeve (17), pg. 4 lines 28-31, pg. 5 lines 1-2) to the temperature probe (Figs. 1 and 2, Comp. temperature-sensing measuring element or measuring element (16), Pg. 4 lines 28-31, Pg. 5 lines 1-2), as seen with respect to the claim 7 rejection below.
As taught in Meisser, the insulating layer (sleeve (17)), first heat conduction member (bore (19)), and second heat conduction member (heat-conducting plate (20)) are concentric layers (Fig. 2, Comps. 16, 17, 19, 20) with the purpose of heat conduction surrounding the temperature probe and thus can be considered analogous to one another.
Therefore, it would be obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify the heat conduction members of modified Bargh by including the glue to adhere the insulating layer to the inside of the second heat conduction member and to adhere the outside of the second heat conduction member to the inside of the first heat conduction member as taught by Meisser to provide: that a portion of an inner surface of the second heat conduction member is adhered with the probe, and a portion of an outer surface of the second heat conduction member is adhered with an inner surface of the first heat conduction member. The use of glue is well known in the art , thus one of ordinary skill in the art would know the use of glue to improve the connecting, binding, and attachment of things to one another. This involves applying a known technique (the use of glue in the attachment of surfaces and components) to a similar device to yield predictable results (the adherence of components of the system to one another).
Regarding claim 3, modified Bargh teaches all of the elements of the current invention as stated with respect to claim 1.
Bargh does not teach wherein the groove is further provided with a flexible sealing member, the sealing member is abutted against the first heat conduction member, and the sealing member is in an interference fit with the groove.
Meisser teaches putting pressure perpendicular to the circumference of the probe in order to secure the probe within the groove. This includes the insulating part (Pg. 5 lines 26-30, Fig. 1, Comp. insulating part (15)), the second annular insulating part (Pg. 2 lines 8-11; Pg. 3 lines 1-4; Pg. 5 lines 26-30; Fig. 1, Comps. insulating part (15), second annular insulating part (12); the hole present within the second annular insulating part (12) is referred to as the “bore” of the insulating part (12) and is not given its own component number), and the sealing lip (Pg. 3 lines 1-4, Pg. 5 lines 26-30, Fig. 1, Comp. sealing lip 21). The space between the insulating part (insulating part, Comp. 15) and the wire (Pg. 5 lines 1-2, Fig. 1, Comp. wire (18)) belonging to the temperature probe is to be filled with a casting compound (Pg. 5 lines 1-2, Fig. 1, Comps. wire (18), insulating part (15)). The insulating part is held in the groove by an interference fit created by the sealing lip of the second annular insulating part.
Additionally, Meisser teaches a way to insulate and secure the temperature probe pressure parallel to the probe securing it in place along its vertical axis to secure the insulators and probe in place. This includes the protective tube (Fig. 1, Comp. protective tube (3), pg. 4 lines 11-16), the collar (Fig. 1, Comp. collar (9), Pg. 4 lines 21-27), the O-ring (Fig. 1, Comp. O-ring (11), Pg. 4 lines 21-27), the snap fit (Fig. 1, Comp. snap fit (13), Pg. 4 lines 24-27), the groove (Fig. 1, Comp. groove (14), Pg. 4 lines 24-27; groove here is referring to the indent or slot present in the bore between the collar (9) and the second annular insulating part (12)), and the second annular insulating part (Fig. 1, Comp. second annular insulating part (12), Pg. 4 lines 24-27). The O-ring provides elastic pressure against the collar (a lip portion on the protective tube) abutted against the second annular insulating part which is fixed in place by the snap fit that is immovably wedged into the groove on the inner side of the threaded nipple.
In summary of the teachings above, Meisser teaches wherein the groove is further provided with a flexible sealing member (Pg. 5 lines 26-30, Fig. 1, Comp. insulating part (15)), the sealing member is abutted against the first heat conduction member (Fig. 1, Comps. insulating part (15), protective tube (3), bore (19); it can be seen in Fig. 1 that the insulating part (15) is abutted up against the bore (19) because it is abutted against the inside of the protective tube (3) and bore (19) is part of protective tube (3)), and the sealing member is in an interference fit with the groove (Pg. 5 lines 26-30; Fig. 1, Comp. sealing lip (21) and insulating part (15)).
Therefore, it would be obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify the groove of modified Bargh by including the heat conduction and insulation assembly as taught by Meisser to provide: wherein the groove is further provided with a flexible sealing member, the sealing member is abutted against the first heat conduction member, and the sealing member is in an interference fit with the groove. _____. This involves applying a known technique (the use of an interference fit to secure parts within a cylindrical area) to a similar device to yield predictable results (the stability of the components within the groove).
Regarding claim 3 claim interpretation, the wording of the claim “flexible sealing member” is being addressed using broadest reasonable interpretation (BRI). As a result, the BRI of flexible will be a part that has a reasonable amount of temporary deformation when pressure is applied. With regards to the prior art being referenced, Meisser states that the material for the flexible sealing member (Pg. 5 lines 26-30, Fig. 1, Comp. insulating part (15); Pg. 5 line 33) is PVDF (polyvinylidene fluoride) which is known to one with ordinary skill in the art to be a flexible material and thus reads upon the limitation of “flexible” with regards to the sealing member claimed.
Regarding claim 4, modified Bargh teaches all of the elements of the current invention as stated with respect to claim 1.
Modified Bargh does not teach wherein a ratio of a depth of the groove to a diameter of the bottom of the reaction vessel is within a range from 1:30-1:2.5.
However, modified Bargh does teaches that temperature is a critical element to be controlled within a bioreactor (Paras. [0003, 0016-0017]). The importance of the temperature in order to optimize the temperature measuring accuracy is crucial to maintaining and optimizing the efficiency of a bioreactor. Depth of the temperature sensor into the reaction vessel is directly related to the accuracy of the temperature measurement and is inherently a function of the size of the reaction vessel of interest as well understood and established within the basics of thermodynamics of fluid systems.
Therefore, it would be considered obvious for one of ordinary skill in the art at the time of the invention to conduct routine optimization to provide wherein a ratio of a depth of the groove to a diameter of the bottom of the reaction vessel is within a range from 1:30-1:2.5 in the absence of unexpected results. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Regarding claim 5, modified Bargh teaches all of the elements of the current invention as stated with respect to claim 1.
Modified Bargh does not teach an elastic compaction mechanism, wherein the elastic compaction mechanism includes a fixing portion, a compaction-abutting portion, and an elastic member, a position of the fixing portion is fixed, the elastic member is abutted between the fixing portion and the compaction-abutting portion, and the compaction-abutting portion is configured to abut and press the first conduction member under an elastic force of the elastic member.
Meisser further teaches an elastic compaction mechanism (the combination of parts and references listed below), wherein the elastic compaction mechanism includes a fixing portion (the fixing portion is made up of the protective tube (3) and the snap fit (13) inserted in a slot (groove 14) within the protective tube, Fig. 1, Comps. protective tube (3), snap fit (13), and groove (14), pg. 4 lines 11-23), a compaction-abutting portion (Fig. 1, Comp. second annular insulating part (12), Pg. 4 lines 24-27), and an elastic member (Fig. 1, Comp. O-ring (11), Pg. 4 lines 21-27), a position of the fixing portion is fixed (Fig. 1, Comps. protective tube (3), snap fit (13), and groove (14), pg. 4 lines 11-23), the elastic member is abutted between the fixing portion and the compaction-abutting portion (The O-ring (11) is between the intermediate piece (4), a component of the protective tube (3), and the second annular insulating part (12); Fig. 1, Comps. O-ring (11), intermediate piece (4), and second annular insulating part (12), and the compaction-abutting portion is configured to abut and press the first conduction member under an elastic force of the elastic member (The O-ring (13) is pushing the collar (9) which is part of the protective tube (3) in which the bore (19), first conduction member, is a part of. As a result, the O-ring is putting the first conduction member under pressure.; Fig. 1, Comps. collar (9), protective tube (3), bore (19), O-ring (13), second annular insulating part (12)). Therefore, it would be obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify the groove, heat conduction members, and temperature sensor assembly as taught in modified Bargh by including the insulation and compaction mechanism as taught by Meisser to provide: wherein the elastic compaction mechanism includes a fixing portion, a compaction-abutting portion, and an elastic member, a position of the fixing portion is fixed, the elastic member is abutted between the fixing portion and the compaction-abutting portion, and the compaction-abutting portion is configured to abut and press the first conduction member under an elastic force of the elastic member. This involves applying a known technique (the use of elastic pressure to seal and insulate a heat sensitive area of Meisser) to a similar device (a groove and temperature sensor assembly (heat sensitive area) of modified Bargh) to yield predictable results (the stability and insulation of the components within the groove).
Regarding claim 6, modified Bargh teaches all of the elements of the current invention as stated with respect to claim 1.
Modified Bargh further teaches wherein an inner wall of the first conduction member (Meisser, bore (19)) is adapted to a shape of the probe (Fig. 1 and 2, Comps. bore (19), measuring element (16), and sleeve (17), the probe as shown in the figures is cylindrical in shape and the bore is a circular hole; Pg. 5 lines 13-16).
Regarding claim 7, modified Bargh teaches all of the elements of the current invention as stated with respect to claim 6.
Modified Bargh further teaches wherein the inner wall of the first conduction member is provided with an insulating layer (Meisser, Figs. 1 and 2, Comp. sleeve (17), pg. 4 lines 28-31, pg. 5 lines 1-2), and the insulating layer is adhered with the probe (Pg. 4 lines 28-31, Comps. temperature-sensing measuring element (16) and sleeve (17)).
Regarding claim 8, modified Bargh teaches all of the elements of the current invention as stated with respect to claim 1.
Modified Bargh teaches including a heating mechanism and a controller (Bargh, Para. [0075], one or more heaters may be located adjacent to the vessel receiving locations to control the temperature of the vessels; Figs. 4 and 14, Comps. vessel receiving locations (16) and vessel (100)), wherein the heating mechanism is adhered with at least part of an outer wall of the reaction vessel (Para. [0075]; Figs. 4 and 14, Comps. vessel receiving locations (16) and vessel (100)), the heating mechanism and the temperature sensor are connected with the controller (Paras. [0120], [0123], and [0130]), and the controller controls a heating temperature of the heating mechanism based on a temperature sensed by the temperature sensor (Paras. [0120], [0123], and [0130]).
Regarding claim 9, modified Bargh teaches all of the elements of the current invention as stated with respect to claim 1.
Modified Bargh further teaches including a dissolved oxygen electrode and a first PH electrode (Bargh, Paras. [0123-0124] and [0134-0135], Comps. pH sensor (126), DO sensor (128), and DO sensor spot (128’), Fig. 4), wherein the dissolved oxygen electrode and the first PH electrode are arranged within the accommodating chamber of the reaction vessel and located on a sidewall of the reaction vessel (Para. [0125], alternative for sensor format is given for IC chips that can be placed within the vessel and transmit signals through the vessel wall).
Regarding claim 10, modified Bargh teaches all of the elements of the current invention as stated with respect to claim 1.
Modified Bargh) teaches further including a second PH electrode (Bargh, Figs. 12, 12A, 13, 13A, Comps. pH electrode sensor probe (280), port (282), and distal end of the electrode probe (284); Para. [0135]), wherein the reaction vessel includes an upper cover configured to seal the accommodating chamber (Figs. 12A, 13, 13A, Comp. lid portion (102’), Para. [0135]), the upper cover includes a detecting port (Figs. 12A, 13, 13A, Comp. port (282); Para. [0135]), the second PH electrode is inserted into the accommodating chamber through the detecting port (Fig. 12, 12A, 12, 13A comp. 280, 282, 284; para. [0135]),
Modified Bargh does not teach a sealing device is arranged between the second PH electrode and the upper cover of the reaction vessel
However, modified Bargh (via Bargh) does teach a sealing device (O-ring (328) , Para. [0094]) used in the connection of the fluid ports (ports (132a-c)) to the lid of the vessel (Paras. [0093-0094]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention that the modification of the pH sensor connected to the lid of a reaction vessel as taught in Bargh by using a sealing device such as an o-ring to seal the vessel away from the atmosphere as taught in Bargh. The use of an o-ring to seal a device from the outside atmosphere is a recognized technique, thus the teaching within Bargh to use an o-ring to seal the fluid input/output ports would motivate to one with ordinary skill in the art to use a similar technique to seal the second pH sensor to the vessel lid. This involves using a known technique (o-ring to seal reaction environment away from the atmosphere) to a similar device (the pH probe attached to a reaction vessel that should be separated from the atmosphere) to yield a predictable result (sealing the entry point of the pH probe with an o-ring to keep the vessel separate from the atmosphere).
Regarding claim 16, modified Bargh teaches all of the elements of the current invention as stated with respect to claim 1.
Modified Bargh further teaches including a plurality of tracheas and a trachea coupling member (Bargh, Figs. 3A and 4, Comps. fluid and gas conduit (136a-c), tube inlet/through port (132a-c), (112), (110); Fig. 14, Comp. (302a-c); Paras. [0080], [0083-0084], [0117], [0122], [0132]; the conduits (136a-c) read on the trachea coupling member as it hold the multiple tracheas, the tubular path created by gas input ports (112a-c) to the output tube (110a-c), together), wherein the trachea coupling member is located within the accommodating chamber (Fig. 3A, 4 comp. 136, 132, 112, 110; Fig. 14 comp. 302a-c; para. [0080], [0083], [0117], [0122], [0132]), the plurality of tracheas are inserted into and penetrated through the trachea coupling member (Fig. 3A, 4 comp. 136, 132, 112, 110; Fig. 14 comp. 302a-c; para. [0080], [0083], [0117], [0122], [0132]), and one end of each of the plurality of tracheas is located within the accommodating chamber (Fig. 3A, 4 comp. 136, 132, 112, 110; Fig. 14 comp. 302a-c; para. [0080], [0083], [0117], [0122], [0132]).
Claims 11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Bargh as applied to claim 1 above in view of Meisser and Gibelin et al. (US 20220267708 A1).
Regarding claim 11, Modified Bargh teaches all of the elements of the current invention as stated with respect to claim 1.
Modified Bargh teaches a driving component (Bargh, Fig. 13 and 13A, Comps. vertical shaft (120), drive input (124); Paras. [0077], [0090], [0133]) and an agitating device (Fig. 13 and 13A, Comps. stirrer (116), stirrer blades (118; Paras. [0077], [0090], [0133]), wherein the agitating device includes a central rotating shaft (Comp. vertical shaft (120)).
Modified Bargh does not teach a plurality of agitating paddle assemblies, for each of the plurality of agitating paddle assemblies, the agitating paddle assembly includes an installation portion and a paddle portion arranged on the installation portion, the installation portion is provided with a first fixing member, the central rotating shaft is provided with a second fixing member, and the first fixing member and the second fixing member are connected through a snap-fit.
Gibelin teaches for each of the plurality of agitating paddle assemblies, the agitating paddle assembly includes an installation portion (Fig. 6, Comp. hub (10), Paras. [0108-0110]) and a paddle portion (Figs. 5, 6, and 11, Comp. impeller assembly (6, 6a, and 6b), Paras. [0108-0110]) arranged on the installation portion (Figs. 6 and 11, Comps. hub (10), impeller assembly (6), and agitation element (5, 5a, and 5b); Paras. [0108-0110], [140]; the impeller parts are attached to the hub to form the agitation element), the installation portion is provided with a first fixing member (Figs. 6-9, Comps. retaining recess (100), recess/through hole (180), longitudinal groove (LG), and agitation element (5, 5a, 5b), Paras. [0119-0121]), the central rotating shaft is provided with a second fixing member (Fig. 3A, 3B, Comps. sleeve portion (3, 3a, and 3b), locking member (302), abutment members (33,34,35)), and the first fixing member and the second fixing member are connected through a snap-fit (Figs. 8, 9, 10, 11, 12, Paras. [0156], [0159]). Gibelin teaches a mixing unit that has a rotating shaft and sleeves (Fig. 3A & 3B) which would clip onto the shaft acting as the second fixing members (Para. [0159]). These sleeves then acted as the attachment points for the installation portion of the hub (Fig. 8), first fixing member, of the agitating paddle assembly (Figs. 5 & 6).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bargh’s device by using the adjustable, snap-on agitation paddle assemblies as taught in Gibelin. Since, Bargh and Gibelin are both considered to be analogous to the claimed invention because they both are describing bioreactor units. Gibelin teaches a mixing apparatus that allows the impellers to be uniformly attached and detached from the rotating shaft to allow for consistency, ease of repairs, and modularity of the unit (Paras. [004-0012]). This involves swapping the known element of the agitating paddle assemblies taught in Bargh with modular snap-fit paddle assemblies and installation members of Gibelin (Fig. 13A, Comps. 116, 118, 120, 124; Paras. [0077], [0090], [0133]) in order to yield a predictable result of a bioreactor agitator system with a plurality of snap-fit paddle assemblies.
Regarding claim 13, modified Bargh teaches all of the elements of the current invention as stated with respect to claim 11.
Modified Bargh) further teaches the first fixing member is a first positioning protrusion and the second fixing member is a first positioning groove (Gibelin, Figs. 6-9, Comps. retaining recess (100), recess/through hole (180), longitudinal groove (LG), and agitation element (5, 5a, 5b), Paras. [0119-0121], [0139-0165]), or the first fixing member is a second positioning groove and the second fixing member is a second positioning protrusion (Fig. 3A, 3B, Comps. sleeve portion (3, 3a, and 3b), locking member (302), abutment members (33,34,35)).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Bargh in view of Meisser and Gibelin as applied to claim 11 above, and further in view of Schmitt et al. (US 3960991 A).
Modified Bargh further teaches ways in which the torque applied to the rotating shaft was equally transferred to a plurality of paddle assemblies attached to the shaft at a set point (Bargh, Fig. 13A, the paddles are attached to the rotating shaft of the agitator)(Gibelin Fig. 13, the agitation elements are seen to be attached to the central shaft of the agitator).
Modified Bargh did not teach a manner wherein for any two adjacent agitating paddle assemblies of the plurality of agitating paddle assemblies, a first installation portion of one agitating paddle assembly is provided with a connecting groove, a second installation portion of another agitating paddle assembly is provided with a connecting protrusion, and the connecting protrusion and the connecting groove are connected through the snap-fit.
However, Schmitt teaches a paddle assembly for large batch mixer aeration wherein for any two adjacent agitating paddle assemblies of the plurality of agitating paddle assemblies (Fig. 2; Col. 1 lines 44-59; Col. 3 line 60 - Col. 4 line 8), a first installation portion of one agitating paddle assembly is provided with a connecting groove (Figs. 4 & 5, Comps. members (21), recesses (23); Col. 4 line 53-Col. 5 line 6), a second installation portion of another agitating paddle assembly is provided with a connecting protrusion (Figs. 4 & 5, Comps. members (21), recesses (23); Col. 4 line 53-Col. 5 line 6); and the connecting protrusion and the connecting groove are connected through the snap-fit (Col. 1 lines 44-59; Col. 3 line 60 - Col. 4 line 8).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the paddle assemblies of modified Bargh by including connecting groove and connecting protrusion onto two adjacent paddle assemblies in order to allow for a consistent torque transfer as well as orderly placement of the individual paddles in reference to one another because both Modified Bargh and Schmitt are directed to mixing and agitating apparatuses, as well known in the art this will allow for a consistency and homogeneity within the mixing vessel, and this involves applying the known technique and construction of the agitating paddle assemblies from Schmitt to the those described in Modified Bargh.
Claims 14, 15, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Bargh in view of Meisser as applied to claim 1 above, and further in view of Brown et al. (US 20150265958 A1).
Regarding claim 14, Modified Bargh teaches all of the elements of the current invention as stated above with respect to claim 1.
Modified Bargh does not teach further including a plurality of gas filters, wherein the plurality of gas filters are in communication with the accommodating chamber, and positions of the plurality of gas filters are relatively fixed to each other.
However, Bargh further teaches a venting system (Paras. [0079], [0140]) as well as an air input system as stated above as applied to claim 16 that could include a filter.
In addition, Brown teaches including a plurality of gas filters (Para. [0131], Comp. plurality of filters (290)), wherein the plurality of gas filters are in communication with the accommodating chamber (Fig. 9), and positions of the plurality of gas filters are relatively fixed to each other (Para. [0130]). Brown further teaches including an installation member (Para. [0130]; Figs. 14A, 15), wherein the installation member includes a plurality of fixing slots (Para. [0130]; Figs. 14A, 15, 16, Comp. filter sleeve (280)), and the plurality of gas filters are correspondingly fixed in the plurality of fixing slots, respectively (Para. [0130]; Fig.16, Comps. filter (280), sleeve (290); the plurality of filters fit into the fixed filter housing sleeves).
Therefore, it would have been obvious of one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bargh’s venting configuration with the addition of a plurality of gas filters in fixed positions relative to one another as taught by Brown because both Bargh and Brown are directed towards bioreactor units, Brown teaches that the addition of filters will protect from outside contamination which will ensure sterility and maintain the viability of the culture being grown (para. [0006]), and this involves applying a known technique to a similar device to yield predictable results.
Regarding claim 15, Modified Bargh teach all of the elements of the current invention as stated above with respect to claim 14.
In modified Bargh, Brown further teaches including an installation member (Para. [0130]; Figs. 14A, 15), wherein the installation member includes a plurality of fixing slots (Para. [0130]; Figs. 14A, 15, 16, Comp. filter sleeve (280)), and the plurality of gas filters are correspondingly fixed in the plurality of fixing slots, respectively (Para. [0130]; Fig.16, Comps. filter (280), sleeve (290); the plurality of filters fit into the fixed filter housing sleeves).
Regarding claim 18, Modified Bargh teach all of the elements of the current invention as stated above with respect to claim 1.
Bargh further teaches a venting system as stated above with respect to claim 14 that includes a “labrynthine path connecting the chamber to atmosphere” (Para. [0079]). A labrynthine path as known to one with ordinary skill in the art is defined to be a design mechanism that creates a complex path to prevent leakage or fluid escape. Therefore, Bargh teaches an exhaust mechanism as to avoid contamination of the reaction vessel.
Bargh does not teach, however, further including a tail gas processing device, wherein the tail gas processing device includes a tail gas processing filter and a tail gas pipeline, an end of the tail gas pipeline is connected with the tail gas processing device, and another end of the tail gas pipeline is configured to receive tail gas discharged from the accommodating chamber.
Brown teaches an exhaust filtering apparatus for a bioreactor system, further including a tail gas processing device (Para. [0123]; Fig. 14, Comps. filter system (17), condenser (100), exhaust port (168)), wherein the tail gas processing device includes a tail gas processing filter and a tail gas pipeline (Para. [0123]; Fig. 14, Comps. filter system (17), condenser (100), exhaust port (168)), an end of the tail gas pipeline is connected with the tail gas processing device (Para. [0123]; Fig. 14, Comps. filter system (17), condenser (100), exhaust port (168)), and another end of the tail gas pipeline is configured to receive tail gas discharged from the accommodating chamber (Para. [0123]; Fig. 14, Comps. filter system (17), condenser (100), exhaust port (168)).
Therefore, it would be obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify the venting system of Bargh by the addition of the exhaust gas processing device as taught by Brown because both Bargh and Brown are directed towards bioreactor systems, Brown teaches that the addition of filters will protect from outside contamination which will ensure sterility and maintain the viability of the culture being grown (para. [0006]), and this involves applying a known technique to a similar device to yield predictable results.
Regarding claim 19, Modified Bargh and further in view of Brown teach all of the elements of the current invention as stated above with respect to claim 18.
Brown further teaches wherein the tail gas processing device further includes a tail gas outflow channel (Figs. 9, 14; Para. [0123]; Comps. filter system (17), condenser (100), exhaust port (168), heating jacket (262); Paras. [0078-0142]), and the tail gas outflow channel is in communication with the tail gas pipeline (Fig. 9, 14; para. [0078-0142]).
Regarding claim 20, Modified Bargh teach all of the elements of the current invention as stated above with respect to claim 18.
Brown further teaches wherein the tail gas processing device further includes a condenser (Paras. [0078-0122], Comp. condenser bag (102)) and a heating member (fig. 16 comp. 262; para. [0135]), the condenser is configured to condense tail gas passing through the tail gas processing device (para. [0078-0122]), and the heating member is configured to heat the tail gas processing filter (Fig. 16; Para. [0135]; Comps. filter system (17), condenser (100), exhaust port (168), heating jacket (262); Paras. [0078-0142] [0135]).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Bargh in view of Meisser as applied to claim 16 above, and further in view of Ludwig et al. (US 20110013474 A1).
Regarding claim 17, Modified Bargh teaches a plurality of aeration tubes deposited within the reaction vessel as stated above with respect to claim 16.
Modified Bargh does not teach wherein one of the plurality of tracheas is a bottom communicating trachea, an end of the bottom communicating trachea is located at a bottom of the accommodating chamber of the reaction vessel, the end of the bottom communicating trachea located at the bottom of the accommodating chamber of the reaction vessel includes a ring segment, and the ring segment facing a direction of a top of the accommodating chamber is provided with a plurality of openings.
However, Ludwig teaches a bioreactor aeration device wherein one of the plurality of tracheas is a bottom communicating trachea (Paras. [0051-0052], [0073-0077]; Figs. 1, 5, 12, Comps. gas inlet (30a-b), sparger line (36), sparger (28), and holes for releasing gas (78)), an end of the bottom communicating trachea is located at a bottom of the accommodating chamber of the reaction vessel (Paras. [0051-0052], [0073-0077]; Figs. 1, 5, 12, Comps. gas inlet (30a-b), sparger line (36), sparger (28), and holes for releasing gas (78)), the end of the bottom communicating trachea located at the bottom of the accommodating chamber of the reaction vessel includes a ring segment (Para. [0073]; Fig. 5, Comp. sparger line (36), sparger (28), and holes for releasing gas (78)), and the ring segment facing a direction of a top of the accommodating chamber is provided with a plurality of openings (Para. [0073]; Fig. 5, Comp. sparger line (36), sparger (28), and holes for releasing gas (78)).
Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify one of the aeration elements of Bargh by making it a sparger at the bottom of the vessel as taught by Ludwig because both are directed towards an aeration component in use with bioreactor systems, Ludwig teaches that the sparger at the bottom of the vessel further increases the stirring of the mixing container (para. [0077]) allowing for a more homogenous culture environment, and this involves applying a known technique to a similar device to yield predictable results.
Conclusion
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/DONAVAN L. BRIDGES/Examiner, Art Unit 1758
/MARIS R KESSEL/Supervisory Patent Examiner, Art Unit 1758
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