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 1-14, in the reply filed on August 5, 2026, is acknowledged. The traversal is on the ground(s) that there would not be an undue burden on the Examiner in examining Claim 15 with the Group I claims (Claims 1 to 14) since, at least Claim 13 includes substantially the same features of Claim 15. Accordingly, a search for prior art that includes the subject matter of Claim 13 would necessarily include prior art relevant to the substantially same Claim 15. This is not found persuasive because a separate classification qualifies as establishing burden for distinct inventions and prior art need not to be cited to show separate classification (see § MPEP 808.02 (a)). Further, Applicant’s attention is drawn to the fact that the search for method claims requires the identification of processing steps, while the search for apparatus claims requires the identification of structural elements. Further, Applicant’s arguments that the search of one invention must necessarily result in a search for the other one has been considered but is not found persuasive insofar as the searches are not co-extensive and an additional search would of necessity be required for the combination of inventions. With regard to applicants allegation that joinder of these distinct inventions would not present a serious burden to the U. S. Patent and Trademark Office, such allegations relied on the unsupported assumption that the search and the examination of the inventions would be coextensive. Further, while there may be some overlap in the searches of the two inventions, there is no reason to believe that the searches would be identical. Therefore, based on the additional work involved in searching and examining distinct inventions together, restriction of the distinct inventions is clearly proper.
The requirement is still deemed proper and is therefore made FINAL.Claim Objections
Claims 4 and 9 are objected to because of the following informalities: In claim 4, “the vibrating member” recited in line 7 should read “the vibration member” for consistency. In claim 9, “the vibration element” recited in line 1 should read “the vibrator element” for consistency. Appropriate correction is required.
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: “a detection unit” in claim 1; “a display unit” in claim 10; “a notification control unit” in claims 10 and 13; “a storage unit” in claim 12; and “a determination unit” in claim 13.
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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2, 6 and 8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 recites the limitation "the same surface" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the vibrator element" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "which is supported against a surface on which the cell detachment device is mounted" in lines 3-4. The surface recited in the claim is an element of the cell detachment device and thus it is unclear how the cell detachment device is mounted on itself. It is unclear which element of the cell detachment device defines the surface and which element is mounted on the claimed surface.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 8 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ifuku et al (US 2015/0349666; hereinafter “Ifuku”).
Regarding claims 1-3 and 8, it is noted that while the invention contains a culture vessel, the culture vessel is not positively recited in the instant claims.
Regarding claim 1, Ifuku discloses a cell detachment device generating a first vibration and detaching a culture cell from a culture vessel by using the first vibration, comprising: a piezoelectric element in which a second vibration is excited by applying a first alternating current using a first electrode and a second electrode (FIGS. 3A-3B: piezoelectric element (20), electrodes (3,4); [0106]); a vibrated system in which the second vibration propagates, including a vibration member to which the piezoelectric element is fixed and on which the culture vessel mounted (diaphragm (7); [0102], [0107]); a third electrode used configured to output a second alternating current excited on the piezoelectric element by the first vibration generated in the vibrated system caused by the second vibration (when a travelling wave is oscillated in the oscillatory wave motor, the piezoelectric material in a portion sandwiched between a detection phase electrode (8) and the common electrode vibrates and an electrical signal is output from the detection phase electrode (8); [0007], [0102], [0107]); and a detection unit configured to detect a state of the first vibration generated in the vibrated system by using the second alternating current output from the third electrode (FIG. 4; [0107]). The device of Ifuku is structurally the same as the instant device and thus fully capable of “generating a first vibration and detaching a culture cell from a culture vessel by using the first vibration.”
Regarding claim 2, Ifuku further discloses wherein the first alternating current is applied to the piezoelectric element ([0120], [0106]) on which the second alternating current is excited by the first vibrations generated in the vibrated system (FIG. 4; [0107]), and the third electrode is provided separately from one of the first electrode and the second electrode, to which the first alternating current is applied, on the same surface of the piezoelectric element as the surface of the piezoelectric element on which the one of the first electrode and the second electrode, to which the first alternating current is applied (first, second and third electrode are provided separately on a surface of the piezoelectric material; abstract).
Regarding claim 3, Ifuku further discloses wherein the piezoelectric element has a ring shape (see FIGS. 3A-3B), and the third electrode is provided so as to be partially on an outer edge side of the cross sectional center line, which is the neutral axis of the ring shape (FIGS. 3A-3B: at least a portion of the detection phase electrode (8) is provided on an outer edge of the ring).
Regarding claim 8, Ifuku further discloses wherein a cushion member on which the vibration member and the piezoelectric element fixed to the vibration member are mounted, and which is supported against a surface on which the cell detachment device is mounted (elastic member (6) mounted on a surface; [0095], [0102], [0136], [0153]).
Regarding claim 14, it is noted that while the invention contains a culture vessel and a vibrated system, the culture vessel and vibrated system are not positively recited in the instant claims. Ifuku discloses a vibration element used in a cell detachment device configured to generate a first vibration and to use the first vibration to detach a culture cell from a culture vessel, comprising: a piezoelectric element in which a second vibration is excited by applying a first alternating current using a first electrode and a second electrode (FIGS. 3A-3B: piezoelectric element (20), electrodes (3,4); [0106]); and a third electrode used for outputting a second alternating current excited by vibration generated on a vibrated system including a vibration member to which the piezoelectric element is fixed and on which the culture vessel mounted, due to propagation of the second vibration (when a travelling wave is oscillated in the oscillatory wave motor, the piezoelectric material in a portion sandwiched between a detection phase electrode (8) and the common electrode vibrates and an electrical signal is output from the detection phase electrode (8); [0007], [0102], [0107]). Furthermore, the limitations “used in a cell detachment device configured to generate a first vibration and to use the first vibration to detach a culture cell from a culture vessel; used for outputting a second alternating current excited by vibration generated on a vibrated system including a vibration member to which the piezoelectric element is fixed and on which the culture vessel mounted, due to propagation of the second vibration” are drawn to intended use of the claimed invention. It is noted that a recitation directed to the manner in which a claimed apparatus is intended to be used does not distinguish the claimed apparatus from the prior art, if the prior art has the capability to so perform. Apparatus claims must distinguish from the prior art in terms of structure rather than function (see MPEP 2114).
Therefore, Ifuku meets and anticipates the limitations set forth in claims 1-3, 8 and 14.
Claims 1, 4-7, 9-10 and 12-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ohta (JP 6961321; US 2023/0085375 is used as English translation).
Regarding claims 1, 4-7, 9-10 and 12-13, it is noted that while the invention contains a culture vessel, the culture vessel is not positively recited in the instant claims.
Regarding claim 1, Ohta discloses a cell detachment device generating a first vibration and detaching a culture cell from a culture vessel by using the first vibration, comprising: a piezoelectric element in which a second vibration is excited by applying a first alternating current using a first electrode and a second electrode (FIGS. 1A-1B: piezoelectric elements (10) coupled to electrodes (16, 17); [0056]-[0057]); a vibrated system in which the second vibration propagates, including a vibration member to which the piezoelectric element is fixed and on which the culture vessel mounted (FIGS. 1A-1B: horn (20); [0057]); a third electrode used configured to output a second alternating current excited on the piezoelectric element by the first vibration generated in the vibrated system caused by the second vibration (FIGS. 1A-1B: electrodes (19, 18); [0057]); and a detection unit configured to detect a state of the first vibration generated in the vibrated system by using the second alternating current output from the third electrode (FIG. 2; [0067]-[0074]). The device of Ifuku is structurally the same as the instant device and thus fully capable of “generating a first vibration and detaching a culture cell from a culture vessel by using the first vibration.”
Regarding claim 4, Ohta further discloses wherein the piezoelectric element comprises: a first piezoelectric element in which the second vibration is excited by applying the first alternating current using the first electrode and the second electrode (piezoelectric elements (11); [0056]-[0057]); and a second piezoelectric element in which the second alternating current is excited by the first vibration generated in the vibrated system, and which is different from the first piezoelectric element, and is fixed to a vibrator element comprising the first piezoelectric element and the vibrating member (FIGS. 1A-1B: piezoelectric element (12) receives vibration from horn (20); [0057]), and the third electrode is provided so as to output the second alternating current excited by the second piezoelectric element (FIGS. 1A-1B: electrodes (19, 18); [0057]).
Regarding claim 5, Ohta further discloses wherein the first piezoelectric element has a ring shape ([0058]), and the second piezoelectric element is provided to output the second alternating current excited by an axial stretching vibration generated in the first piezoelectric element by the first vibration generated in the vibrated system, or by a radial stretching vibration of radial direction the ring shape ([0056]).
Regarding claim 6, Ohta further discloses wherein the piezoelectric element comprises: a first piezoelectric element in which the second vibration is excited by applying the first alternating current using the first electrode and the second electrode (piezoelectric elements (11); [0056]-[0057]); and a second piezoelectric element in which the second alternating current is excited by the first vibration generated in the vibrated system, and which is different from the first piezoelectric element, and is fixed to the vibrator element (FIGS. 1A-1B: piezoelectric element (12) receives vibration from horn (20); [0057]), and the third electrode is provided so as to output the second alternating current excited by the second piezoelectric element (FIGS. 1A-1B: electrodes (19, 18); [0057]). Furthermore, it is noted that a recitation directed to the manner in which a claimed apparatus is intended to be used does not distinguish the claimed apparatus from the prior art, if the prior art has the capability to so perform.
Regarding claim 7, Ohta further discloses wherein the second piezoelectric element is provided corresponding to a position where an antinode of an amplitude of the second vibration generated at an outermost edge of the vibration member generates (ring shaped second piezoelectric element (12) arranged at an outermost edge of the vibration member; see FIGS. 1-2).
Regarding claim 9, the vibration element comprising the first piezoelectric element and the vibration member of Ohta is structurally the same as the instant vibration element and thus considered to be fully capable to “abut against a bottom surface of the culture vessel in an area smaller than the bottom surface of the culture vessel, and the culture vessel is supported against a surface on which the cell detachment device is mounted via a cushion member.” Furthermore, the term “can” renders the limitation that follows the term optional.
Regarding claim 10, Ohta further discloses a display unit capable of displaying the state of the first vibration (FIG. 2: screen display section (36); [0067], [0070]); and a notification control unit configured to cause the display unit to display information based on the detected state of the first vibration on the display means so as to prompt notification to a user (monitoring unit section (35); [0069], [0070], [0108]).
Regarding claim 12, Ohta further discloses a storage unit configured to store a voltage related to the second alternating current correlated with an amplitude amount of the vibration member, output from the third electrode, by making the voltage in correspondence with the amplitude amount of the vibration member in a center axis direction (see, e.g., FIGS. 2, 6 and 7; [0023], [0045], [0071], [0093], [0108]).
Regarding claim 13, Ohta further discloses a determination unit configured to determine whether the voltage related to the second alternating current is less than or equal to a threshold value set based on the voltage stored in the storage unit (processing section (37); see, e.g., FIGS. 2, 6 and 7; [0023], [0045], [0071], [0093], [0107]-[0108]); and a notification control unit configured to cause a display unit to display information that the first vibration of the vibrated system when the second alternating current is obtained is not appropriate, so as to prompt notification to a user, in a case where the voltage is less than or equal to the threshold value (FIG. 2: screen display section and monitoring unit section (35); [0067], [0069], [0070], [0108]).
Regarding claim 14, it is noted that while the invention contains a culture vessel and a vibrated system, the culture vessel and vibrated system are not positively recited in the instant claims. Ohta discloses vibration element used in a cell detachment device configured to generate a first vibration and to use the first vibration to detach a culture cell from a culture vessel, comprising: a piezoelectric element in which a second vibration is excited by applying a first alternating current using a first electrode and a second electrode (FIGS. 1A-1B: piezoelectric elements (10) coupled to electrodes (16, 17); [0056]-[0057]); and a third electrode used for outputting a second alternating current excited by vibration generated on a vibrated system including a vibration member to which the piezoelectric element is fixed and on which the culture vessel mounted, due to propagation of the second vibration (FIGS. 1A-1B: electrodes (19, 18); [0057]). Furthermore, the limitations “used in a cell detachment device configured to generate a first vibration and to use the first vibration to detach a culture cell from a culture vessel; used for outputting a second alternating current excited by vibration generated on a vibrated system including a vibration member to which the piezoelectric element is fixed and on which the culture vessel mounted, due to propagation of the second vibration” are drawn to intended use of the claimed invention. It is noted that a recitation directed to the manner in which a claimed apparatus is intended to be used does not distinguish the claimed apparatus from the prior art, if the prior art has the capability to so perform. Apparatus claims must distinguish from the prior art in terms of structure rather than function (see MPEP 2114).
Therefore, Ohta meets and anticipates the limitations set forth in claims 1, 4-7, 9-10 and 12-14.
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 1-3, 8, 12 and 14 are rejected under 35 U.S.C. 103 as being obvious over Furuta et al (US 2025/0257304; hereinafter “Furuta”).
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Regarding claims 1-3, 8 and 12, it is noted that while the invention contains a culture vessel, the culture vessel is not positively recited in the instant claims.
Regarding claim 1, Furuta discloses a cell detachment device generating a first vibration and detaching a culture cell from a culture vessel by using the first vibration (abstract), comprising: a piezoelectric element in which a second vibration is excited by applying a first alternating current using a first electrode and a second electrode (FIGS. 1C, 2A-2B: electrodes (110,111); [0039]); a vibrated system in which the second vibration propagates, including a vibration member to which the piezoelectric element is fixed and on which the culture vessel mounted (FIGS. 1C, 2A-2B: vibrator plate (11); [0039]); and a third electrode used configured to output a second alternating current excited on the piezoelectric element by the first vibration generated in the vibrated system caused by the second vibration (detection electrode; [0045]). Furuta does not explicitly disclose a detection unit configured to detect a state of the first vibration generated in the vibrated system by using the second alternating current output from the third electrode. However, Furuta does disclose wherein the detection electrode monitors the vibration state of the vibrating plate. The vibrator (101) having the detection electrode is able to feed the driving state back to driving conditions or detect a failure ([0045]). While Furuta does not explicitly state wherein a detection unit is coupled to the detection electrode, it would have been intrinsic in the device of Furuta to contain a detection means that detects state of the vibration plate since the vibration state of the vibration plate, driving state or failure of the vibrator is determined ([0045]). The device of Furuta is structurally the same as the instant device and thus fully capable of “generating a first vibration and detaching a culture cell from a culture vessel by using the first vibration.”
Regarding claim 2, modified Furuta discloses wherein the first alternating current is applied to the piezoelectric element on which the second alternating current is excited by the first vibrations generated in the vibrated system ([0045]). Furuta does not explicitly disclose the third electrode is provided separately from one of the first electrode and the second electrode, to which the first alternating current is applied, on the same surface of the piezoelectric element as the surface of the piezoelectric element on which the one of the first electrode and the second electrode, to which the first alternating current is applied. However, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have rearranged the first, second and third electrodes with respect to the piezoelectric element as claimed, since it has been held that a mere rearrangement of element without modification of the operation of the device involves only routine skill in the art (see MPEP § 2144.04 VI. C.). One would have been motivated to have rearranged the first, second and third electrodes with respect to the piezoelectric element as claimed for the purpose of imparting desired vibration on the vibration plate.
Regarding claim 3, modified Furuta discloses wherein the piezoelectric element has a ring shape ([0039]). Modified Furuta does not explicitly disclose the third electrode is provided so as to be partially on an outer edge side of the cross sectional center line, which is the neutral axis of the ring shape. However, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have rearranged the third electrode with respect to the piezoelectric element as claimed, since it has been held that a mere rearrangement of element without modification of the operation of the device involves only routine skill in the art (see MPEP § 2144.04 VI. C.).
Regarding claim 8, modified Furuta discloses wherein a cushion member on which the vibration member and the piezoelectric element fixed to the vibration member are mounted, and which is supported against a surface on which the cell detachment device is mounted (fixing member (16); [0082]).
Regarding claim 12, modified Furuta further discloses a storage unit storing computer-executable instructions (storage medium coupled to computer; [0106]). The storage unit of modified Furuta is structurally the same as the instant storage unit and thus considered to be fully capable “to store a voltage related to the second alternating current correlated with an amplitude amount of the vibration member, output from the third electrode, by making the voltage in correspondence with the amplitude amount of the vibration member in a center axis direction.”
Regarding claim 14, it is noted that while the invention contains a culture vessel and a vibrated system, the culture vessel and vibrated system are not positively recited in the instant claims. Furuta discloses a vibration element used in a cell detachment device configured to generate a first vibration and to use the first vibration to detach a culture cell from a culture vessel, comprising: a piezoelectric element in which a second vibration is excited by applying a first alternating current using a first electrode and a second electrode (FIGS. 1C, 2A-2B: electrodes (110,111); [0039]); and a third electrode used for outputting a second alternating current excited by vibration generated on a vibrated system including a vibration member to which the piezoelectric element is fixed and on which the culture vessel mounted, due to propagation of the second vibration (detection electrode; [0045]). Furthermore, the limitations “used in a cell detachment device configured to generate a first vibration and to use the first vibration to detach a culture cell from a culture vessel; used for outputting a second alternating current excited by vibration generated on a vibrated system including a vibration member to which the piezoelectric element is fixed and on which the culture vessel mounted, due to propagation of the second vibration” are drawn to intended use of the claimed invention. It is noted that a recitation directed to the manner in which a claimed apparatus is intended to be used does not distinguish the claimed apparatus from the prior art, if the prior art has the capability to so perform. Apparatus claims must distinguish from the prior art in terms of structure rather than function (see MPEP 2114).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Ohta as applied to claim 10 above.
Regarding claim 11, Ohta discloses the cell detachment device according to claim 10. Ohta discloses the claimed display unit connected to the notification control unit, but does not explicitly disclose wherein the display unit and the notification control unit are connected by a wireless communication. However, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connection between the display unit and the notification control unit of the device of Ohta such that the display unit and the notification control unit are connected by a wireless communication. One of ordinary skill in the art would have made said modification because said modification would have been the substitution of one known connecting means for another for the predictable result of establishing communication between components of a device.
Conclusion
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/LIBAN M HASSAN/Primary Examiner, Art Unit 1799
