DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Group II, claims 12-15 in the reply filed on 07/02/2026 is acknowledged.
Claims 1-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/02/2026.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/18/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Ahluwalia et al. (US 2011/0136218 A1 – hereafter ‘218) in view of Vilendrer et al. (US 2009/0111180 A1).
‘218 (Ahluwalia) discloses a bioreactor (Abstract) that includes the following limitations for claim 12:
“A system”: ‘218 discloses a bioreactor system ([0131]; fig. 10A) that is being interpreted as the system of the instant application.
“an agitation device”:
“a fixation system”: ‘218 discloses using clamps (clamps 738 & 748; Fig. 10b; [0176]) that is being interpreted as the fixation system of the instant application.
“said agitation device comprising a deck adapted for receiving a bioreactor”: ‘218 discloses a substrate (substrate 760; Fig. 10A; [0176]) that is adapted to receive the bioreactor.
“said fixation system comprising at least one fastener for securing the bioreactor to the deck”: ‘218 discloses a fastener such as endless loops (loops 751 & 752; fig. 10a; [0183]).
“a bridge structure adapted for mounting to the bioreactor and receiving the at least one fastener.”: ‘218 discloses a top clamp (clamp 748; Fig. 10a; [0183]) that is being interpreted as the bridge structure of the instant application. Furthermore, the clamp includes a channel that receives an endless loop (channel 748c; Fig. 10a; [0183]).
‘218 differs from claim 12 regarding an agitation means.
‘180 (Vilendrer) discloses a bioreactor system (Abstract) that includes a bioreactor growth chamber (chamber 100; Fig. 1A; [0031]) that is placed on a plate (Fig. 4; plate 404; [0051]). This plate is a shaker plate and is being interpreted as the agitation plate of the instant application. This provides a means of selectively cyclically agitating the cell culture media to enhance nutrient mass transport ([0051]).
Therefore, it would have been obvious to one of ordinary skill int eh art at the time of the earliest effective filing date to include the shaker of ‘180 within ‘218 in order to agitate the bioreactor. The suggest for doing so at the time would have been in order to provide a means of selectively cyclically agitating the cell culture media to enhance nutrient mass transport ([0051]).
For claim 13, the endless loops of ‘218 can be a resiliently linear element that can be provided to facilitate coupling of the clamp member ([0187]). These elements are being interpreted as the adjustable strap of the instant application. Furthermore, the top clamp (clamp 748; Fig. 10a) includes channels (channels 748c) that are being interpreted as the guides of the instant application.
For claim 14, ‘218 discloses that the top clamp has a annular portion (Fig. 10b) that engages with the lid of the bioreactor ([0179]; recess 710).
‘218 differs regarding the limitations of claim 15.
For claim 15, ‘180 discloses a bioreactor system (Abstract) that includes a bioreactor growth chamber (chamber 100; Fig. 1A; [0031]) that is placed on a plate (Fig. 4; plate 404; [0051]). This plate is a shaker plate and is being interpreted as the agitation plate of the instant application. This provides a means of selectively cyclically agitating the cell culture media to enhance nutrient mass transport ([0051]). ‘180 discloses that he platform has placeholders for the bioreactor (Fig. 4).
Therefore, it would have been obvious to one of ordinary skill int eh art at the time of the earliest effective filing date to include the shaker of ‘180 within ‘218 in order to agitate the bioreactor. The suggest for doing so at the time would have been in order to provide a means of selectively cyclically agitating the cell culture media to enhance nutrient mass transport ([0051]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hutmacher et al. (US 7,604,987 B2) discloses a bioreactor system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL L HOBBS whose telephone number is (571)270-3724. The examiner can normally be reached Variable, but generally 8AM-5PM M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Marcheschi can be reached at 571-272-1374. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL L HOBBS/Primary Examiner, Art Unit 1799
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