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 .
Response to Amendment
This is an office action in response to applicant's arguments and remarks filed on August 9, 2026. Claims 1-7 and 10-30 are pending in the application. Claims 8 and 9 have been canceled and claims 1 and 19-30 are being examined herein.
Status of Objections and Rejections
The objection to the drawings has been withdrawn in view of Applicant's amendment.
The objection to the disclosure has been withdrawn in view of Applicant's amendment.
The objection to the claims has been withdrawn in view of Applicant's amendment.
The rejection of claims 8 and 9 is obviated by Applicant's cancellation.
The rejection of claims 1-18 under 35 USC 112(b) for being indefinite is withdrawn in view of Applicant's amendment.
All rejections from the previous office action are withdrawn in view of Applicant's amendment.
The rejections of claim 1 under 35 U.S.C 102 as being anticipated by Bunn (US 2022/0127742) and separately by Carvalho (US 2019/0309249) are being withdrawn in view of the Applicant’s amendment. As a result, all rejections to all claims dependent on claim 1 are withdrawn in view of Applicant’s amendment.
New grounds of rejection under 35 U.S.C. 103 are necessitated by the amendments.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-2, 5, 14, and 24-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bunn (US20020127742A1) in view of Caspi (US5422270A).
Regarding claim 1, Bunn discloses:
A modular well plate system (Bunn; Abstract; Fig. 1 ), comprising:
a plurality of disposable modules (Bunn; multi-well slide assemblies (20); Para. [0040, 0041]; Fig. 1; The multi-well slide assemblies (20) include a strip cap (50) and a multiwell slide (30)), each, comprising:
top (Bunn; Para. [0040]; Fig. 1; The strip cap (50) reads on the top) and a bottom (Bunn; Para. [0040, 0041]; The multiwell slide (30) reads on the bottom), the bottom, comprising: two horizontal registration features (Bunn; Para. [0040, 0044]; Figs. 1; The multiwell slide (30); the slide plate (32) of the multiwell slide (30) has a top face (33a) and bottom face (33b) (Fig. 1) which are in contact with the upper and lower walls (112, 114) of the channel (110) (Figs. 8, 9, 10A); Therefore, the top face (33a) and the bottom face (33b) are interpreted as the horizontal registration features) and two vertical registrations features (Bunn; Paras. [0040, 0044]; Fig. 1; The multiwell slide (30); the slide plate (32) of the multiwell slide (30) has edges (34a, 34b) which are in contact with the walls (102, 104) in between the upper (112) and lower (114) walls of the channel (110); Therefore, the edges (34a and 34b) of the slide plate (32) are interpreted as the vertical registration features)
a reusable frame (Bunn; frame (100); Para. [0073]; Figs. 1 and 7), comprising:
two horizontal reference planes (Bunn; left side (102) and right side (104); Para. [0071]; Fig. 7);
two vertical reference planes (front end (106) and rear end (108); Para. [0071]; Fig. 7);
a plurality of receiving areas (Bunn; Figs. 10C, 11; The plurality of receiving areas is dependent on how many multiwell slides assemblies (20) are to be inserted. This is due to the fact that the first multiwell slide (30) to be inserted will have its edge (34c) of its bottom portion (32) abutted to the wall (retaining mechanism, 150) of the frame while the following multiwell slide (30) will have its edge (34c) of its bottom portion (32) of the multiwell slide be abutted against the edge (34d) of the previous multiwell insert (32). The final multiwell slide (30) to be inserted into the frame will have its edge (34d) abutted against the wall (retaining mechanism, 130); The other ends of the receiving areas are defined by the opposing channels (110)) circumscribed by the reference planes (Bunn; The reference planes defined as the sides of the frame (102, 104, 106, 108) can be seen in figures 7 and 10c to be circumscribing the receiving areas),
wherein:
the modules are configured individually for experimental purposes (the assemblies (20) are capable of being configured individually for experimental purposes);
the modules are configured to vertically insert into the reusable frame (Bunn; By the nature of there being no distinction of how the plate is required to be oriented during insertion of the modules in order to read on the vertical insertion only requires the reusable frame to be rotated such that the insertion of the current embodiment of the rejection is vertically oriented);
the bottoms of the modules are temporarily in contact with and affixed to the frame (Mapping of the “temporarily in contact with and affixed to” limitation is below) via each module's and receiving area’s respective registration features (Bunn; Para. [0040, 0044]; Fig. 1; The multiwell slide (30) is the bottom of one of the plurality of disposable module which is made up of an upper structure (40) and a slide plate (32); The slide plate (32) of the multiwell slide (30) has a top face (33a) and bottom face (33b) which are in contact with the upper and lower walls (112, 114) of the channel (110) of the frame (100); The slide plate (32) of the multiwell slide (30) has edges (34a, 34b) which are in contact with the walls (102, 104) in between the upper and lower walls (112, 114) of the channel (110)) (Bunn; The temporary contact and affixation of the bottom of the disposable module (multiwell slide (30)) to the frame (100) is stated in paragraph [0074] where it is said that the bottom of the disposable module (multiwell slid (30)) is inserted and removed from the frame (100) via the channel (110)) ; and
the frame is configured to mate with a 6,12, 24, 48, 96, or 384 well multiwell plate reader and present the temporarily affixed modules for measurement (Bunn; The dimensions (5.025 inches by 3.365 inches) of the frame are similar to the conventional microwell plate or multiwell cell culture dishes the dimension being the same as a conventional multiwell plate would allow for mating/joining with a multiwell plate reader, Para. [0072]; Para. [0103]).
Bunn is silent on:
The modular well plate system, comprising:
the plurality of disposable modules, each, comprising:
at least two chambers in fluid connection.
Caspi discloses a multiwell tray with a plurality of a pairs of wells in fluid communication with one another allowing for the passage of supernatant within the wells (Caspi; figure 1; wells (11), troughs (12); Abstract, Paras. [4, 14, 29] The circular wells each contain a trough the connects two wells forming a fluid connection). The fluid connection between two adjacent wells allows for testing and detection of rapid release of soluble mediators from cultured cells (Para. [0002]).
Caspi reads on the claim limitation:
Wherein; at least two chambers in fluid connection (Caspi; figure 1; wells (11), troughs (12); Abstract, Paras. [4, 14, 29]; The circular wells each contain a trough that connects two wells forming a fluid connection).
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 modular well insert assemblies of Bunn by adding a trough between the adjacent pairs of wells as taught by Caspi in order to provide: at least two chambers (wells) in fluid connection. Both Bunn and Caspi are directed to the study of co-culture in multiwell cell culture. Caspi teaches that the fluid connection between two adjacent wells allows for testing and detection of rapid release of soluble mediators from cultured cells (Para. [0002]). This involves applying a known technique (fluidic communication between adjacent wells in cell culture) to a similar device (a modular multiwell cell culture plate) to yield predictable results (a modular multiwell cell culture plate with fluid communication between its wells allowing for the study of co-culture in the plate).
Regarding claim 2, Modified Bunn teaches all of the elements of the current invention as stated with respect to claim 1. Bunn teaches wherein the horizontal external dimensions of the frame match those of a standard multiwell plate (Para. [0072]).
Regarding claim 5, Modified Bunn teaches all of the elements of the current invention as stated with respect to claim 1. Bunn further teaches wherein the frame is sterilizable (Para. [0073]).
Regarding claim 14, Modified Bunn teaches all of the elements of the current invention as stated with respect to claim 1. Modified Bunn further teaches wherein at least one module is constructed of a material resistant to the effects of temperature (Bunn; Para. [0073]; Bunn teaches that the frame is autoclavable which means the frame materially is resistant to the effects of temperature).
Regarding claim 24, Modified Bunn teaches all of the elements of the current invention as stated with respect to claim 1. Modified Bunn further teaches wherein each disposable module, comprises: two chambers in fluid connection (See above claim 1; modified Bunn in view of provides at least two chambers in fluid connection (Caspi; figure 1; wells (11), troughs (12); Abstract, Paras. [4, 14, 29]; The circular wells each contain a trough that connects two wells forming a fluid connection)).
Regarding claim 25, Modified Bunn teaches all of the elements of the current invention as stated with respect to claim 24. Modified Bunn further teaches wherein the multiwell plate is a 6-well plate (Bunn; Para. [0072]).
Regarding claim 26, Modified Bunn teaches all of the elements of the current invention as stated with respect to claim 24. Modified Bunn further teaches wherein the multiwell plate is a 12-well plate (Bunn; Para. [0072]).
Regarding claim 27, Modified Bunn teaches all of the elements of the current invention as stated with respect to claim 24. Modified Bunn further teaches wherein the multiwell plate is a 24-well plate (Bunn; Para. [0072]).
Regarding claim 28, Modified Bunn teaches all of the elements of the current invention as stated with respect to claim 24. Modified Bunn further teaches wherein the multiwell plate is a 48-well plate (Bunn; Para. [0072]).
Regarding claim 29, Modified Bunn teaches all of the elements of the current invention as stated with respect to claim 24. Modified Bunn further teaches wherein the multiwell plate is a 96-well plate (Bunn; Para. [0072]).
Regarding claim 30, Modified Bunn teaches all of the elements of the current invention as stated with respect to claim 24. Modified Bunn further teaches wherein the multiwell plate is a 384-well plate (Bunn; Para. [0072]).
Claim(s) 3-4, 10, 12, 15, 19-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bunn (US20020127742A1) in view of Caspi (US005422270A) as applied to claim 1 above, and further in view of Carvalho (US20190309249A1; cited in the IDS filed 01/14/2024).
Regarding claim 3, Modified Bunn teaches all of the elements of the current invention as stated with respect to claim 1.
Modified Bun further teaches wherein the frame of the modular multiwell plate assembly has the dimensions of a 6, 12, 24, 48, 96, or 384 well multiwell plate (The dimensions (5.025 inches by 3.365 inches) of the frame are similar to the conventional microwell plate or multiwell cell culture dishes, Para. [0072] ).
Modified Bunn fails to teach wherein the modules are presented at horizontal locations corresponding to the horizontal locations of one or more wells of a 6, 12, 24, 48, 96, or 384 well multi well plate.
Carvalho teaches teach wherein the modules are presented at horizontal locations corresponding to the horizontal locations of one or more wells of a 6, 12, 24, 48, 96, or 384 well multi well plate (Carvalho; Para. [0020]).
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 placement of the wells of the modular multiwell plate assembly of Bunn by matching those of a standard 6, 12, 24, 48, 96, 384, or 1536 well multiwell plate as taught by Carvalho. Both Bunn and Carvalho are directed to modular multiwell cell culture plate assemblies. The benefit of modifying the well placements to fit those of the standard 6, 12, 24, 48, 96, 384, or 1536 well multiwell plates is that the well placement would match the expected well placement of multiwell plate readers allowing for more accurate measurements. This involves applying a known technique (well placement in a standard 6, 12, 24, 48, 96, 384, or 1536 well multiwell plate) to a similar device (a multiwell plate) to yield predictable results (a multiwell plate with wells placed such that multiwell plate readers can be used effectively).
Regarding claim 4, Modified Bunn teaches all of the elements of the current invention as stated with respect to claim 3. Modified Bunn in view of Carvalho teaches wherein the multi well plate is a 96-well plate (Carvalho; Para. [0020]; See claim 3, above).
Regarding claim 10, Modified Bunn teaches all of the elements of the current invention as stated with respect to claim 1.
Bunn is silent on wherein at least one module is pretreated with a selective-growth substrate.
Carvalho teaches wherein at least one module is pretreated with a selective-growth substrate (Carvalho; cell culture material (106); Paras. [0020, 0024, 0030, 0032]; Fig. 5). The substrate benefit is allowing for a variety of different cells to be encouraged to grow or bind to the wells (Carvalho; Para. [0024])
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 wells of Bunn by including a selective-growth substrate as taught by Carvalho. Both Bunn and Carvalho are directed to modular multiwell cell culture plate assemblies. Carvalho teaches that the substrate allows for a variety of different cells to be encouraged to grow or bind to the wells. This involves applying a known technique (selective-growth substrates) to a similar device (a multiwell cell culture plate) to yield predictable results (the multiwell cell culture plate being able to culture a variety of cell types).
Regarding claim 12, Modified Bunn teaches all of the elements of the current invention as stated with respect to claim 1.
Bunn is silent on wherein at least one module is a tissue-culture treated well designed to promote the growth of adherent cells.
Carvalho teaches wherein at least one module is a tissue-culture treated well designed to promote the growth of adherent cells (Paras. [0020], [0024], [0030] and [0032]; Fig. 5). The benefit is allowing for a variety of different cells to be encouraged to grow or bind to the wells (Carvalho; Para. [0024])
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 well module of Bunn by including a tissue-culture treated well designed to promote the growth of adherent cells as taught by Carvalho. Both Bunn and Carvalho are directed to modular multiwell cell culture plate assemblies. Carvalho teaches that the substrate allows for a variety of different cells to be encouraged to grow or bind to the wells. This involves applying a known technique (a tissue-culture treated well) to a similar device (a multiwell cell culture plate) to yield predictable results (the multiwell cell culture plate being able to culture a variety of cell types).
Regarding claim 15, Modified Bunn teaches all of the elements of the current invention as stated with respect to claim 1.
Modified Bunn is silent on wherein at least one module is configured to nest a secondary module inside of the at least one module.
Carvalho teaches wherein at least one module is configured to nest a secondary module inside of the at least one module (Carvalho; removable wells (22), hanger (40); which are inserted and then rest within the multiwell plate wells; Fig. 6, Paras. [0020-0025]). The well inserts allow for the testing of various drugs as well as the inclusion of 3D cell culture applications (Carvalho; Para. [0003]).
Therefore, it would be obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to combine the well module of Bunn by including a well insert as taught by Carvalho. Both Bunn and Carvalho are directed to modular multiwell cell culture plate assemblies. Carvalho teaches that the well inserts allow for the testing of various drugs as well as the inclusion of 3D cell culture applications. This involves applying a known technique (a well insert) to a similar device (a multiwell cell culture plate) to yield predictable results (allow for 3D cell culture using the well insert).
Regarding claim 19, Modified Bunn in view of Carvalho teaches all of the elements of the current invention as stated with respect to claim 3. Modified Bunn in view of Carvalho further teaches wherein the multiwell plate is a 6-well plate (Carvalho; Para. [0020]).
Regarding claim 20, Modified Bunn in view of Carvalho teaches all of the elements of the current invention as stated with respect to claim 3. Modified Bunn in view of Carvalho further teaches wherein the multiwell plate is a 12-well plate (Carvalho; Para. [0020]).
Regarding claim 21, Modified Bunn in view of Carvalho teaches all of the elements of the current invention as stated with respect to claim 3. Modified Bunn in view of Carvalho further teaches wherein the multiwell plate is a 24-well plate (Carvalho; Para. [0020]).
Regarding claim 22, Modified Bunn in view of Carvalho teaches all of the elements of the current invention as stated with respect to claim 3. Modified Bunn in view of Carvalho further teaches wherein the multiwell plate is a 48-well plate (Carvalho; Para. [0020]).
Regarding claim 23, Modified Bunn in view of Carvalho teaches all of the elements of the current invention as stated with respect to claim 3. Modified Bunn in view of Carvalho further teaches wherein the multiwell plate is a 384-well plate (Carvalho; Para. [0020]).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Bunn (US20020127742A1) in view of Caspi (US005422270A) as applied to claim 1 above, and further in view of Schober (US20110020929A1).
Regarding claim 6, Modified Bunn teaches all of the elements of the current invention as stated with respect to claim 1.
Modified Bunn does not teach wherein at least one module is a well pair designed to induce contact-independent interaction between two microbial cultures.
However, Schober teaches a modular well plate system (Schober; Abstract; Fig. 8) and teaches of at least one module is a well pair (Schober; pair of wells of mold (10); Fig. 8) designed to induce contact-independent interaction between two microbial cultures (Schober; Para. [0037]; Figs. 8 & 9; Contact-independent interaction is communication or influence between cells or microorganisms that occurs without direct physical contact. In Schober the multiple planes of cell culture can be formed via molds (10, 10a) which each have a porous membrane (12) for seeding cells. The molds (10, 10a) can be stacked such that there are multiple layers of cell culture only in fluid contact with one another). Schober further teaches motivation that the inclusion of multiwell constructs within the modular well is able to reproduce the three-dimensional in vivo situation of the cells and tissue used in the study thus improving the studies efficacy (Schober; Para. [0004-0006]).
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 modular well construct of Bunn to incorporate the Schober’s teachings of making one of the variants a well pair to provide: “wherein at least one module is a well pair designed to induce contact-independent interaction between two microbial cultures.” Doing so would have a predictable result and reasonable expectation of successfully allowing reproduction of three-dimensional in-vivo situation of cells and tissues, thus improving the efficacy of cultures as taught by Schober (Para. [0004]-[0006]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Bunn (US20020127742A1) in view of Caspi (US005422270A) as applied to claim 1 above, and further in view of Nelson (US4725388A; cited in IDS filed 01/14/2024).
Regarding claim 7, Bunn teaches all of the elements of the current invention as stated with respect to claim 1.
Bunn further teaches the use of the taught multiwell modular plate in the use of detecting fluorescent labeling of monoclonal antibodies (Nelson; Paras. [0005-0010]). However, Bunn does not teach wherein at least one module is at least partially opaque to facilitate measurement of sample fluorescence.
Nelson teaches a well plate system (Nelson; plate (20); Abstract; Fig. 1) and teaches of wherein at least one well (Nelson; well (26); Fig. 1) is at least partially opaque to facilitate measurement of sample fluorescence (Nelson; Col. 5, Lines 53-60 and Col. 6, Lines 4-6). Nelson further teaches that the purpose of having an opaque and nonfluorescent well for the purpose of fluorescent measurement is to avoid the fluorescing of a non-opaque well interfering with the measurements (Nelson; Col. 1 lines 46-68, Col. 2 lines 1-49).
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 modular well component of Bunn by incorporating Nelson’s teachings of the partially opaque and nonfluorescent components within the modular wells which provides: wherein at least one module is at least partially opaque to facilitate measurement of sample fluorescence. Both Bunn and Nelson are directed to modular multiwell cell culture apparatuses. Nelson teaches having an opaque and nonfluorescent well for the purpose of fluorescent measurement is to avoid the fluorescing of a non-opaque well interfering with the measurements (Nelson; Col. 1 lines 46-68, Col. 2 lines 1-49). The modification of the wells in Bunn with the teachings of Nelson involves applying a known technique to a similar device to yield a predictable result (e.g. avoiding fluorescing of non-opaque well that interferes with measurements).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Bunn (US20020127742A1) in view of Caspi (US005422270A) as applied to claim 1 above, and further in view of Lund (US4245043A; cited on IDS filed 01/14/2024).
Regarding claim 11, Modified Bunn teaches all of the elements of the current invention as stated with respect to claim 1.
Modified Bunn does not teach wherein at least one module contains a calibration or comparison sample.
Lund teaches a well plate system (Lund; Abstract; Fig. 1) and teaches of wherein at least one well (Lund; Negative control wells "A" and "K"; Fig. 1) contains calibration or comparison sample and further teaches that the calibration or comparison sample provides means to detect subtle changes (Lund; Abstract; Col. 1 lines 8 -12; Negative control wells "A" and "K"; Fig. 1).
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 modular well of Bunn by including calibration sample within some of the wells as taught by Lund to provide: wherein at least one module contains a calibration or comparison sample. Both Bunn and Lund are directed to multiwell cell culture apparatuses, Lund teaches that the consistency and accuracy of the negative control wells and calibration standards are essential for eliminating the problem of false positive reactions (Lund; Abstract; Col. 1 lines 8 -12), and this involves applying a known teaching (the use of negative control and sample standards for calibration) to a similar device to yield predictable results (the sample standards and calibration wells allowing for accuracy of readings).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Bunn (US20020127742A1) in view of Caspi (US005422270A) as applied to claim 1 above, and further in view of Simon (US20100055790A1; cited in the IDS filed 01/14/2024).
Regarding claim 13, Modified Bunn teaches all of the elements of the current invention as stated with respect to claim 1.
Modified Bunn does not teach wherein at least one module is treated with extracellular matrix to promote eukaryotic cell growth.
Simon teaches a modular well plate system (Simon; Abstract; Fig. 6A) and teaches of wherein at least one module is treated with extra-cellular matrix (Simon; gelatin, Para. [0090]) to promote eukaryotic cell (Simon; hepatocytes, Para. [0090]) growth (Paras. [0089-0090]). Simon further teaches that the inclusion of cell-interfacing surfaces, extracellular matrix, fabricated can promote cell adhesion and growth of the culture (Simon; Para. [0046]),
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 modular well component of Bunn by including an extracellular matrix or cell scaffolding component within the well module as taught by Simon to provide: wherein at least one module is treated with extracellular matrix to promote eukaryotic cell growth. Bunn and Simon are considered analogous since both are directed to modular cell culture apparatuses. Simon further teaches that the inclusion of cell-interfacing surfaces, extracellular matrix, fabricated can promote cell adhesion and growth of the culture (Simon; Para. [0046]), and this involves applying a known technique to a similar device to yield predictable results.
Claim 16-17 is rejected under 35 U.S.C. 103 as being unpatentable over Bunn (US20020127742A1) in view of Caspi (US005422270A) as applied to claim 1 above, and further in view of Chung (US20170362561).
Regarding claim 16, Modified Bunn teaches all of the elements of the current invention as stated with respect to claim 1.
Modified Bunn does not teach wherein at least one module, further comprises: a light source to conduct measurement.
Chung teaches a high throughput photobioreactor (Chung; Abstract; Fig. 1) that can house a 96 well plate and has a plurality of the light sources (Chung; Paras. [0014-0015]). The light sources can be a one to one with well number due to the customizability of the invention (Chung; Paras. [0033, 0109]). Chung further teaches that the lights can be used for measurement (Chung; Para. [0077]).
Therefore, it would be obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to combine the customizability of the light sources of Chung and the modular wells of Bunn by including a single light source dedicated to a single module capable of measurement as taught by Chung to provide: wherein at least one module, further comprises: a light source to conduct measurement. Bunn and Chung are analogous since both are directed to multiwell cell culture plates. Chung teaches that the customizability of changing the light amount dedicated to each well allows for optimization of the cellular growth (Chung; Para. [0033]). This combination involves applying a known technique/teaching (the customizability of light sources and including light sources with the ability to take part in measurements) to a similar device to yield predictable results (a configuration with one light source per module with measurement capabilities).
Regarding claim 17, Modified Bunn teaches all of the elements of the current invention as stated with respect to claim 1.
Modified Bunn does not teach wherein at least one module, further comprises: a light source to promote photosynthetic growth.
Chung further teaches that the lights contained in the invention can also include lights that allow for photosynthetic growth (Chung; Paras. [0001-0008, 0015, 0033]).
Therefore, it would be obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to combine the customizability of the light sources (which includes lights of photosynthetic wavelengths) of Chung and the modular wells of Bunn by including a single light source at a photosynthetic wavelength dedicated to a single module as taught by Chung to provide: wherein at least one module, further comprises a light source to promote photosynthetic growth. Bunn and Chung are analogous since both are directed to multiwell cell culture plates. Chung teaches that the customizability of changing the light amount dedicated to each well allows for optimization of the cellular growth (Chung; Para. [0033]). This combination involves applying a known technique/teaching (the customizability of light sources and including light sources at photosynthetic wavelengths) to a similar device to yield predictable results (a configuration with one light source at a photosynthetic wavelength per module).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Bunn (US20020127742A1) in view of Caspi (US005422270A) as applied to claim 1 above, and further in view of Forschung (DE102009039868; cited on IDS filed 01/14/2024).
Regarding claim 18, Modified Bunn teaches all of the elements of the current invention as stated with respect to claim 1.
Modified Bunn does not teach wherein at least one module, further comprises: an element designed to positively control the temperature inside of the at least one module.
Forschung teaches a well plate system (Forschung; Abstract; Fig. 1) and teaches of wherein at least one well (Forschung; culture vessel (32); Para. [0094]), further comprises: an element (Forschung; electrical heating device (20)) designed to positively control the temperature inside that well (Forschung; Para. [0092]) and further teaches that the heating control can also regulate the evaporation rate of the maintenance medium to prevent the biological test system from drying out and thus from dying (Forschung; Para. [0076]).
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 modular well component of Bunn by adding a heating control element to the modular well component as taught by Forschung to provide: wherein at least one module, further comprises an element designed to positively control the temperature inside the at least one module. Bunn and Forschung are analogous since both are directed to multiwell cell culturing. Forschung teaches the temperature control element will have the benefit of allowing for the control of evaporative factors on the culture media (Forschung; Para. [0076]). This combination involves applying a known teaching (a heating element top control the temperature condition of a cell culture plate) to a similar device to yield predictable results (a modular cell culture plate where each well module has a temperature controlling element to provide more precise control of culture conditions).
Response to Arguments
Applicant’s arguments, see pg. 9 lines 12-18, filed August 9, 2026, with respect to figure 3A have been fully considered and are persuasive. The objection of FIG. 3A has been withdrawn.
Applicant’s arguments, see pg. 9 lines 20-22, filed August 9, 2026, with respect to the abstract have been fully considered and are persuasive. The objection of the abstract has been withdrawn.
Applicant’s arguments, see pg. 10 lines 1-4, filed August 9, 2026, with respect to claims 1, 15, and 18 have been fully considered and are persuasive. The objection of claims 1, 15, and 18 has been withdrawn.
Applicant’s arguments, see pg. 10 lines 6-12, filed August 9, 2026, with respect to claims 1-18 have been fully considered and are persuasive. The rejection of claims 1-18 under 35 USC 112(b) has been withdrawn.
Applicant’s arguments, see pg. 10 line 14 - pg. 12 line 30, filed August 9, 2026, with respect to the rejection(s) of claim(s) 1-5, now under 35 USC 102(a)(1),(a)(2) over Bunn (US20220127742) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of a different interpretation of the previously applied reference (Bunn). Claims 3, 4, and 19-23 are now rejected under 35 USC 103 over Bunn in view of Caspi and further in view of Carvalho (US20190309249). Claims 1, 5, and 24-30 are now rejected under 35 USC 103 over Bunn in view of Caspi.
The applicant’s claim mapping of the newly amended claims (pgs. 11-12, Table 1) differ from the mapping of claim limitations and elements introduced by the examiner in the Non-Final Office Action mailed May 7, 2026. Additionally, the examiner has altered the interpretation of Bunn in order to meet the amended elements of claim 1 (See new rejection above).
Applicant’s arguments, see pg. 13 line 1 - pg. 15 line 13, filed August 9, 2026, with respect to the rejection(s) of claim(s) 1, 8-10, 12, and 15 now under Carvalho (US20190309249) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of different interpretation of the previously applied reference & newly found prior art references, such that claim 1 is rejected under 35 USC 103 over Bunn in view of Caspi (no longer using Carvalho to reject claim 1) and claims 10, 12, and 15 are now rejected under 35 USC 103 over Bunn in view of Caspi and further in view of Carvalho.
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 DONAVAN L BRIDGES whose telephone number is (571)272-9636. The examiner can normally be reached Mon-Fri 8:00am-5:00pm 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, Maris Kessel can be reached at (571)270-7698. 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.
/DONAVAN L. BRIDGES/Examiner, Art Unit 1758
/MARIS R KESSEL/Supervisory Patent Examiner, Art Unit 1758
