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 with traverse of Group I, claims 1-12 in the reply filed on 06/10/2026 is acknowledged. The traversal is on the ground(s) that the groups are not separate and distinct but rather contain overlapping subject matter such as a hexagonal base portion for attachment to a hexagonal bottom surface of a vessel, wing portions that form a cavity for a flexible vessel, and configuration that facilitates installation and/or use within a rigid hexagonal support structure. Further, applicant alleges there would be no significant search burden. This is not found persuasive because as discussed in the restriction previously mailed, the method of the instant application may be used for bioprocessing facilities, biotech and pharmaceutical manufacturing and the process as claimed can be practiced by another and materially different apparatus or by hand or the apparatus as claimed can be used to practice another materially different process, as noted in the mailed Action. Furthermore, Groups I and II are directed to related products and the previously mentioned groups, as claimed, are either not capable of use together or can have a materially different, design, mode of operation, function, or effect. That is, Group I, requires a handle, whereas Group II, does not require this feature and the inventions do not encompass overlapping subject matter as discussed previously.
The requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/07/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Specification
The abstract of the disclosure is objected to because the abstract contains more than 150 words. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claim 12 is objected to because of the following informalities: a comma “,” is needed after the claim number on line 1 The correction should read as follows “The apparatus so claim 1,”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2 and 5-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 9,120,594 B2-Huang et al (hereinafter “Huang”).
Regarding claim 1, Huang discloses an apparatus (a hexagonal combination storage box, col. 2, lines 12-13, Figs. 1-4) for transporting and installing a flexible bioprocessing vessel (the storage box shown in Figs. 1-4 are capable of the transportation and installation of a flexible bioprocessing vessel, as shown in Fig. 5) comprising: a base portion (shown below in annotated Fig. 2) having a front end (shown below in annotated Fig. 2) and a rear end (shown below in annotated Fig. 2), the base portion configured for attachment to a hexagonal bottom surface of the flexible bioprocessing vessel (base portion previously mentioned, is capable of being attached to a hexagonal bottom of a flexible bioprocessing vessel);
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“a first wing portion and a second wing portion, each being hingedly attached to the base portion (shown below in annotated Fig. 2);”
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“wherein the first wing portion (base panels 1, col. 3, line 15, Fig. 2) and the second wing portion (base panels 1, col. 3, line 15, Fig. 2) are selectively movable relative to the base portion between a first position (shown in Fig. 6) and a second position (two trapezoidal base panels be attached to each other, col. 2, line 26-27; Figs. 3-4 show the attachment of the panels and panels 1 comprise components 121 recessed holes, 1211 pivot pins for attachment and movement; second position of the hexagonal storage box is shown in Figs. 1 and 5);”
“wherein in the first position (shown in Fig. 6), the first wing portion and the second wing portion are angled relative to the base portion to form a storage cavity for the flexible bioprocessing vessel that facilitates transportation and/or installation of the flexible bioprocessing vessel; (base panels 1 are angled as shown in Fig. 2, where Fig. 5 shows the formation of a storage cavity for the transportation and/or installation of a flexible bioprocessing vessel; plate members made of wood, plastics or metal, and fastening members, col. 1, lines 28-29);”
“and wherein in the second position (shown in Figs. 1 and 5), the first wing portion, the second wing portion, and the base portion are substantially planar facilitating installation and/or use of the flexible bioprocessing vessel within a rigid hexagonal support structure (Figs. 1-4, show a rigid hexagonal storage box comprises of the first and second wing portions—base panels 1 and the base portion, shown above in annotated Fig. 2, are planar facilitating installation/and or use of a flexible bioprocessing vessel within the rigid hexagonal storage box shown in Fig. 5 );”
“wherein the apparatus has a hexagonal outer profile that is configured for attachment to the hexagonal bottom surface of the flexible bioprocessing vessel and for placement within the rigid hexagonal support structure (the storage box shown in Fig. 5 together with the components of the base portion shown above in annotated Fig. 2, and base panels, show above in annotated Fig. 2, form a hexagonal storage box, shown in Fig. 5, for the attachment of a flexible bioprocessing vessel and for placement inside the hexagonal storage box shown in Fig. 5).”
Regarding claim 2, Huang discloses wherein the apparatus is configured for use with a hexagonal flexible bioprocessing vessel having a liquid level height to width ratio of ≤1 (the storage box shown in Figs. 1-4 are capable of the transportation and installation of a flexible bioprocessing vessel, as shown in Fig. 5).
Regarding claim 5, Huang discloses wherein, in the first position (shown in Fig. 6) the apparatus includes at least one locator tab (cylindrical blocks 112 along base panel 1, col. 3, line 22, Fig. 3) that is configured to engage an alignment aperture in a bottom surface of the rigid hexagonal support structure facilitating alignment of the flexible bioprocessing vessel within the rigid hexagonal support structure (the storage box shown in Figs. 1-4 are capable of the transportation and installation of a flexible bioprocessing vessel, as shown in Fig. 5).
Regarding claim 6, Huang discloses wherein at least one of the first wing portion and the second wing portion includes a side flap that, in the first position (shown in Fig. 6), extends between the first wing portion and the second wing portion to define an upper surface of storage cavity (first connection structure 1; second connection structure 12 located at the longer parallel side, col. 3, lines 18-19, Fig. 3; a portion of structure 11 define an upper surface of the storage box, shown in Figs. 3 and 6).
Regarding claim 7, Huang discloses wherein at least one of the base portion, the first wing portion, and/or the second wing portion includes a front flap and/or a rear flap, that, in the first position (shown in Fig. 6), define a front surface and rear surface of the storage cavity, respectively (first connection 11and second connection structure 12, col. 4, lines 15 and 27-28, Figs. 4-6).
Regarding claim 8, Huang discloses wherein the front flap includes an opening (locating holes 230, Fig. 4) that facilitates connection of one or more fluid lines and/or probes to the flexible bioprocessing vessel (the storage box shown in Figs. 1-4 are capable of the transportation and installation of a flexible bioprocessing vessel, as shown in Fig. 5).
Regarding claim 9, Huang discloses wherein the front flap includes at least one foot portion (hook plates 231, col. 4, line 5, Fig. 5, where hook 231 is shown disposed on bottom portion of the flap) configured to fit into a slot in a bottom surface of the rigid hexagonal support structure (hook plates 231 of the hook structure 23 of one peripheral panel 2 and the respective lugs 25 can be stopped at the floor to support the hexagonal combination storage box, col. 5, lines 18-21), the slot located behind a sill of the rigid hexagonal support structure (hook structure 23 and hook plate 231 are shown disposed behind a portion of the hexagonal storage box, Fig. 2).
Regarding claim 10, Huang discloses wherein at least one of the first wing portion (shown above in annotated Fig. 2) and second wing portion (shown above in annotated Fig. 2) includes a handle (hand hole 14, col. 3, lines 32-33, Fig. 2).
Regarding claim 11, Huang discloses wherein the hexagonal bottom surface of the flexible bioprocessing vessel extends beyond the rear end of the base portion when the apparatus is in the second position (the storage box shown in Figs. 1-4 are capable of the transportation and installation of a flexible bioprocessing vessel, as shown in Fig. 5; thus is capable of a flexible bioprocessing vessel extending beyond the rear end of the base portion of the hexagonal storage box; second position of the box is shown in Figs. 1 and 5).
Therefore, the reference of Huang meet the limitations of claims 1-2 and 5-11 of the instant application.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 3-4 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over by US 9,120,594 B2-Huang et al (hereinafter “Huang”).
Regarding claim 3, Huang discloses the claimed invention except for wherein, in the second position (shown in Figs. 1 and 5), the base portion, first wing portion and second wing portion have a width of approximately 149cm when configured for use with a hexagonal 2000L flexible bioprocessing vessel. It would have been obvious to one having ordinary skill in the art to have different sizes, since various combination storage boxes are commercially available and widely invited by consumers for the advantages of high detachability, easy DIY and delivery convenience (col. 1, lines 24-26) since such modification would be obvious to one having ordinary skill in the art for the suitability of the claimed device. See MPEP §2144.04 (IV).
Regarding claim 4, Huang discloses the claimed invention except for wherein, in the second position (shown in Figs. 1 and 5), the base portion, first wing portion, and second wing portion have a width of approximately 174cm when configured for use with a hexagonal 3000L flexible bioprocessing vessel. It would have been obvious to one having ordinary skill in the art to have different sizes, since various combination storage boxes are commercially available and widely invited by consumers for the advantages of high detachability, easy DIY and delivery convenience (col. 1, lines 24-26) since such modification would be obvious to one having ordinary skill in the art for the suitability of the claimed device. See MPEP §2144.04 (IV).
Regarding claim 12, Huang teaches the invention discussed above in claim 1. Further, Huang teaches a base portion, also discussed above. However, Huang does not explicitly teach a tray configured for connection to an exterior of the base portion of the apparatus to facilitate transportation of the flexible of bioprocessing vessel.
For claim 12, another embodiment of Huang teaches a frame structure 3, to be affixed to the bottom of the hexagonal combination storage box (col. 5, lines 15-16, Fig. 10), which reads on the instant claim limitation of a tray configured for connection to an exterior of the base portion of the apparatus to facilitate transportation of the flexible of bioprocessing vessel.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to take the hexagonal combination storage box of Huang and include a tray configured for connection to an exterior of the base portion of the apparatus to facilitate transportation of the flexible of bioprocessing vessel, as taught by another embodiment of Huang, because the different embodiment of Huang suggest the structure 3 provide support for the hexagonal combination storage box (shown in Fig. 10).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LENORA A. ABEL whose telephone number is (571)272-8270. The examiner can normally be reached Monday-Friday 7:00am-4:00pm.
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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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/L.A.A./ Examiner, Art Unit 1799
/MICHAEL L HOBBS/ Primary Examiner, Art Unit 1799
Prosecution Insights