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 I, claims 1-15, 21 and 22 in the reply filed on 03 June 2026 is acknowledged.
Claims 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03 June 2026.
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.
Claims 1-15, 21 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Tian “Human Peripheral Blood Monocyte Adhesion onto Surface-Treated Fluorinated Ethylene Propylene” (cited in the IDS filed 6/4/2026) in view of Wong “Improving the Longevity of Passive Microfluidic Systems Through Plasma Polymer Films with a Vertical Chemical Gradient” (cited in the IDS filed 6/4/2026).
With respect to claim 1, Tian discloses a surface suitable for cell culture. The surface includes a substrate having a fluoropolymer surface and an amorphous hydrogenated carbon coating disposed on the fluoropolymer surface of the substrate (“we developed nitrogen-rich and oxygen-rich plasma polymer coatings (PPCs) that are deposited on FEP substrates”). Tian states that the amorphous hydrogenated carbon coating is created using plasma-enhanced chemical vapor deposition. Tian, however, does not expressly state that this PECVD technology is used to produce first and second zones in a thickness direction of the coating having different concentrations of oxygen and nitrogen.
Wong discloses a microfluidic device having a surface modified by PECVD to produce an amorphous hydrogenated carbon coating. Vertical chemical gradients are produced to create at least first and second zones, wherein the second zone is provided at a surface of the coating and includes a greater concentration of functional groups, such as hydroxyl, carboxyl, amine and amide groups. Wong states that a “vertical chemical gradient structure is composed of a highly cross-linked base layer with gradually less cross-linked and more functional top layer”. See also Fig. 3.
Before the effective filing date of the claimed invention, it would have been obvious to ensure that the Tian amorphous hydrogenated carbon coating is characterized by a second zone having a greater total concentration of oxygen and nitrogen than a first zone. Wong teaches that PPFs characterized by a vertical gradient display increased stability, particularly when used in biosensing and cell attachment applications. Wong states that the cross-linked base layer stabilizes the PPF by hindering restructuring of the functional groups on the surface to prevent hydrophobic recovery and PPF ageing, and to thereby maintain functionality.
With respect to claim 2, Tian and Wong disclose the combination as described above. As previously noted, Tian indicates that the fluoropolymer surface is a FEP surface.
With respect to claim 3, Tian and Wong disclose the combination as described above. FEP films are known in the art to display good gas permeability to oxygen and carbon dioxide. It would have been important to ensure that the Tian FEP film is characterized by superior oxygen and carbon dioxide permeability when used to support the culture of dendric cells and T cells.
With respect to claims 4 and 5, Tian and Wong disclose the combination as described above. As previously discussed, the Tian FEP surfaces are activated by a plasma treatment to create the amorphous hydrogenated carbon coating. Wong shows in Fig. 6 that the water contact angle of the surface is generally between 60° to 120° and varies over time.
With respect to claims 6, 8 and 11, Tian and Wong disclose the combination as described above. Wong states that the amorphous hydrogenated carbon coating is deposited at a rate of about 6.4 nm/min for about 10 min.
With respect to claims 7, 9, 10, 12 and 22, Tian and Wong disclose the combination as described above. The hydrogen to carbon ratio, the concentration of oxygen, and the concentration of nitrogen that characterize the amorphous hydrogenated carbon coating taught by Tian will each be influenced by the reaction conditions of plasma-enhanced chemical vapor deposition protocol. Wong provides an example for creating an oxygen gradient on page 20 where the ethylene flow rate of carbon dioxide is constant while the flow rate of is slowly reduced over the deposition period. Wong recognizes that flow rate, magnitude of flow rate tapering, and duration, as well as radio frequency power and pressure, are result effective variables that affect the nature of a vertical chemical gradient during the production of functional plasma polymer films. Fig. 5 shows that oxygen atomic concentration is well above 10 atom% in the different examples.
With respect to claim 13, Tian and Wong disclose the combination as described above. Wong shows in Fig. 3 that the amorphous hydrogenated carbon coating is characterized by essentially three layers, including the “Cross linked layer” which corresponds to the claimed first layer, the “Increasingly functional layer” which corresponds to the claimed third layer, and the “Highly functional layer” which corresponds to the claimed second layer.
With respect to claim 14, Tian and Wong disclose the combination as described above. As previously discussed, Tian teaches that oxygen and nitrogen are present across the total thickness of the amorphous hydrogenated carbon coating. Wong shows how the vertical gradient is formed by making the total concentration of functional groups in the third zone greater than the total concentration of functional groups in the first zone.
With respect to claims 15 and 21, Tian and Wong disclose the combination as described above. Tian indicates that the surface is an inner surface of a cell culture bag.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN ANDREW BOWERS whose telephone number is (571)272-8613. The examiner can normally be reached M-F 7am-5pm.
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/NATHAN A BOWERS/Primary Examiner, Art Unit 1799
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