DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Status
2. Claims 1-14 are under consideration.
Election/Restrictions
3. Applicant’s election without traverse of March 18, 2026 in the reply filed on Group I is acknowledged.
Claims 8-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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
Information Disclosure Statement
4. The information disclosure statement (IDS) submitted on April 26, 2024 was filed. The submission 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.
5. Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Feng et al., (WO 2023173495 published 2023-09-21; priority to 2022-03-30) in view of CN114456909 (published 2022-09-06; priority to 2022-03-17).
The claims are drawn to an apparatus comprising an enrichment system, an isolation chamber, a central control system, a temperature control unit, and a pressure control unit.
Feng et al., teach a high-pressure environment marine microorganism enrichment culture and gravity-type isolation apparatus comprises an enrichment and multi-level purification unit (1) and a gravity-type isolation culture unit (2); under the condition of constructing a high-pressure low-temperature environment consistent with a marine environment, the enrichment and multi-level purification unit (1) is used for realizing enrichment and multi-level purification processes of marine microorganisms so as to obtain a marine microorganism enrichment solution, and for injecting the marine microorganism enrichment solution into the gravity-type isolation culture unit (2); the gravity-type isolation culture unit (2) is used for carrying out automatic streaking in a high-pressure environment by utilizing a gravity effect, thus realizing solid separation and culture of marine microorganisms, effectively improving the culturability of the marine microorganisms [abstract].
The enrichment and multistage purification unit includes a plurality of microbial liquid enrichment culture chambers connected in series; the microbial liquid enrichment culture chambers are provided with removable sealing lids and connection and sampling valve sets, and sensor sets are disposed inside the microbial liquid enrichment culture chambers; each of the microbial liquid enrichment culture chambers is disposed in the temperature controlling system; the removable sealing lids are used for facilitating sterilization operations and placement of culture substrates inside the microbial liquid enrichment culture chambers; the connection and sampling valve sets are used for connection and sampling of the microbial liquid enrichment culture chambers, and are connected to the pressure control system for feeding liquid or gas into the microbial liquid enrichment culture chambers to increase pressure inside the microbial liquid enrichment culture chambers, such that pressure values in the microbial liquid enrichment culture chambers are consistent with actual conditions in a deep sea; the sensor sets are used for real-time monitoring of temperature and pressure changes in the microbial liquid enrichment culture chambers, and transmitting signals to the central control system; and a last microbial liquid enrichment culture chamber of the enrichment and multistage purification unit is connected to the gravity-type isolation and culture unit through a connection and sampling valve set [para 10]. A quick-open kettle lid is disposed on the top of the isolation and culture chamber, and the central liquid injection pipe is disposed on the quick-open kettle lid; the quick-open kettle lid is further provided with a gas injection channel and a sensor containing channel; the pressure control system is connected to the isolation and culture chamber through the gas injection channel; and the second temperature sensor and the second pressure sensor are disposed in the sensor containing channel [para 22]. Thus teaching the instantly claimed kettle and lid. The quick-open kettle lid of the culture chamber is then installed to ensure that the central liquid injection pipe is unblocked. Then gas is injected into the isolation and culture chambers through the pressure control system for pressurization, such that the pressure conditions in the isolation and culture chambers are consistent with the pressure conditions in the microbial liquid enrichment culture chambers. After ensuring normal operation of all system components, the microinjection pump is started to inject a small amount of marine microorganism enrichment bacteria liquid into the removable reservoir on the microorganism isolation branch from the last microbial liquid enrichment culture chamber through the central liquid injection pipe, such that the marine microorganism enrichment bacteria liquid is uniformly dispersed on the pellet. Then, the reciprocating puller is started to drag the removable reservoir at the stop box of the guide chute on the side face of the circular truncated cone. Since the diameter of the pellet is smaller than the diameter of the hole in the bottom of the removable reservoir, the pellet may be released from the removable reservoir into the guide chute, and may spiral from top to bottom in the guide chute and move to the bottom under the action of gravity. The enriched bacteria liquid on the pellet may be dispersed in the guide chute to meet the isolation and purification culture process. Along a trajectory of movement of the pellet, a streaking trajectory of the bacteria liquid may be gradient dilution, and isolated colonies may grow along a guide trajectory. At this moment, the isolation process is completed [para 35]. Thus teaching claim 2. By automatic separation and combination of a large number of culture chambers, an automatic isolation process in different culture medium environments may be achieved, thereby effectively ensuring isolation, culture and purification of the microorganisms in the high-pressure environment, and providing a key technology for efficient utilization of the marine microorganisms and a sorting process in the high-pressure environment. Data acquisition, integration and display of parameter conditions in the whole culture process may be carried out through the central control system. The plurality of isolation and culture chambers are placed in parallel, and inlets of all the isolation and culture chambers are connected in parallel by piping and connected to the microinjection pump and the last microbial liquid enrichment culture chamber. In order to facilitate selection of an optimal culture method, culture media of different formulations may be placed in different culture chambers. Thus teaching claim 2.
The microorganism isolation branch 211 includes a removable reservoir 2111, a pellet 2112, a reciprocating puller 2113, a guide chute 2114, and a cavity 2115. The removable reservoir 2111 is disposed in a center of a top of the cavity 2115, and located under the central liquid injection pipe 212 for storing the marine microorganism enrichment bacteria liquid injected by the liquid injection unit 22. The pellet 2112 is placed in the removable reservoir 2111 and submerged by the injected marine microorganism enrichment bacteria liquid. A through hole is provided in a bottom of the removable reservoir 2111 for fixing a position of the pellet 2112 and ensuring that the pellet 2112 is able to pass through the through hole. A movable end of the reciprocating puller 2113 is fixedly connected to the removable reservoir 2111. A stop box 2116 is disposed on a side face of the top of the cavity 2115. A control end of the reciprocating puller 2113 is electrically connected to the central control system 5. The guide chute 2114 is fixedly disposed inside the cavity 2115. The guide chute 2114 is filled with a culture medium, and an inlet of the guide chute communicates with the stop box 2116. After the pellet 2112 is submerged in the marine microorganism enrichment bacteria liquid, the removable reservoir 2111 moves toward an edge of the cavity 2115 under action of the reciprocating puller 2113. When the through hole of the removable reservoir 2111 leaves the cavity 2115, the pellet 2112 passes through the through hole and falls into the stop box 2116 of the cavity 2115 due to gravity, and enters the guide chute 2114 inside the cavity 2115. While the pellet 2112 carries the marine microorganism enrichment bacteria liquid to slide along the guide chute 2114 from top to bottom, the marine microorganism enrichment bacteria liquid is dispersed through concentration gradient dilution to provide a maximum area for isolation and culture of the microorganisms [para 62-63] .
The microbial liquid enrichment culture chambers are further provided with stirring rods, and the stirring rods are used for enhancing a reaction process of a substrate in a culture process of the microbial liquid enrichment culture chambers [para 11-12]; thus teaching claim 7. The sensor sets include temperature sensors and pressure sensors; the temperature sensors are used for real-time monitoring of temperature changes in the microbial liquid enrichment culture chambers; the pressure sensors are used for real-time monitoring of pressure changes in the microbial liquid enrichment culture chambers; and signal output ends of the temperature sensors and signal output ends of the pressure sensors are electrically connected to the central control system. The connection and sampling valve sets include liquid inlet valves, gas inlet valves, sampling valves, and liquid outlet valves; the microbial liquid enrichment culture chambers are connected in series via the liquid outlet valves and the liquid inlet valves, and a liquid outlet valve of a former microbial liquid enrichment culture chamber is connected to a liquid inlet valve of a latter microbial liquid enrichment culture chamber; a liquid outlet valve of the last microbial liquid enrichment culture chamber is connected to the gravity-type isolation and culture unit; the gas inlet valves are connected to the pressure control system for feeding gas into the microbial liquid enrichment culture chambers to increase the pressure in the microbial liquid enrichment culture chambers, such that the pressure values in the microbial liquid enrichment culture chambers are consistent with the actual conditions in the deep sea; and the sampling valves are used for real-time sampling and analysis of the microorganisms in the microbial liquid enrichment culture chambers, so as to regulate corresponding environmental parameters and optimize the enrichment culture process [para 14]. Thus describing the inlet and outlet values, and instantly claimed connections.
The microorganism isolation branch includes a removable reservoir, a pellet, a reciprocating puller, a guide chute, and a cavity; the removable reservoir is disposed in a center of a top of the cavity, and located under the central liquid injection pipe for storing the marine microorganism enrichment bacteria liquid injected by the liquid injection unit; the pellet is placed in the removable reservoir and submerged by the injected marine microorganism enrichment bacteria liquid; a through hole is provided in a bottom of the removable reservoir for fixing a position of the pellet and ensuring that the pellet is able to pass through the through hole; a movable end of the reciprocating puller is fixedly connected to the removable reservoir; a stop box is disposed on a side face of the top of the cavity; a control end of the reciprocating puller is electrically connected to the central control system; the guide chute is fixedly disposed inside the cavity; the guide chute is filled with a culture medium, and an inlet of the guide chute communicates with the stop box; after the pellet is submerged in the marine microorganism enrichment bacteria liquid, the removable reservoir moves toward an edge of the cavity under action of the reciprocating puller; when the through hole of the removable reservoir leaves the cavity, the pellet passes through the through hole and falls into the stop box of the cavity due to gravity, and enters the guide chute inside the cavity; and while the pellet carries the marine microorganism enrichment bacteria liquid to slide along the guide chute from top to bottom, the marine microorganism enrichment bacteria liquid is dispersed through concentration gradient dilution to provide a maximum area for isolation and culture of the microorganisms [para 17]. Thus teaching the instantly recited dilution.
A small slot is provided in the center of the top of the cavity, that is, a position where an initial position of the removable reservoir coincides with the through hole, for fixing the position of the pellet [para 18]. The liquid injection unit includes the microinjection pump and a liquid injection pipeline; a liquid inlet end of the microinjection pump is connected to the last microbial liquid enrichment culture chamber of the enrichment and multistage purification unit, and a liquid outlet end of the microinjection pump is connected to the liquid injection pipeline; a liquid outlet of the liquid injection pipeline is connected to the central liquid injection pipe; and a control end of the microinjection pump is electrically connected to the central control system [para 19].
Finally, the beneficial effects of the device for enrichment culture and gravity-type isolation of the marine microorganisms in the high-pressure environment, enrichment culture of the microorganisms under the marine in-situ temperature and pressure environmental conditions is achieved through the enrichment and multistage purification unit, and isolation and culture of the marine microorganisms are achieved through the gravity-type isolation and culture unit. By reconstructing the in-situ environment for enrichment culture and isolation of the marine microorganisms, the problem about isolation and pure culture of the marine microorganisms in the high-pressure environment is solved, the culturability of the marine microorganisms is effectively improved, and an important basic means is provided for development and utilization of deep-sea microorganism resources [para 40].
Similarly, CN 114456909 teach a deep sea microorganism separation culture device is characterized by comprising a separation culture device (1), a control acquisition system (2), a pressure control system (3), a temperature control system (4), a sample injection pipeline (5) and a liquid injection unit (6); wherein: the separate incubator (1) comprises a base (11), an upper cover (12) and a screw (13); the base (11) is in threaded connection with the upper cover (12); an internal thread is arranged on the surface of the inner wall of the base (11), an external thread which is matched and connected with the internal thread (11) is arranged on the outer surface of the screw rod (13), and after the base (11) and the screw rod (13) are connected through the internal thread and the external thread, a certain gap is formed between the internal thread and the external thread and is used for filling a solid culture medium; the sample introduction pipeline (5) is arranged on the upper cover (12) and is used for putting a culture bacteria liquid sample into the separation incubator (1); the liquid injection unit (6) is connected with the sample injection pipeline (5) and is used for injecting microbial liquid into the sample injection pipeline (5); the pressure control system (3) and the temperature control system (4) are respectively connected with the separation culture device (1) and are used for ensuring that the internal pressure and temperature of the separation culture device (1) are consistent with the deep-sea microorganism culture environment; the control end of the pressure control system (3), the acquisition end of the pressure control system (3), the control end of the temperature control system (4), the acquisition end of the temperature control system (4), the control end of the sample injection pipeline (5) and the control end of the liquid injection unit (6) are electrically connected with the control acquisition system (2); after the solid culture medium is solidified, taking out the screw (13), closing the upper cover (12), and opening the pressure control system (3) and the temperature control system (4) to ensure that the internal temperature and pressure of the separation culture device (1) are consistent with the environment for the growth of microorganisms; injecting microbial bacteria liquid into the sample injection pipeline (5) by the liquid injection unit (6), putting a culture bacteria liquid sample into the internal thread of the separation culture device (1) by the sample injection pipeline (5), sliding the sample downwards along the internal thread under the action of gravity, and gradually decreasing the carried microbial bacteria liquid in the moving process to realize the separation of microorganisms; the separated microorganisms grow on a solid culture medium, so that the separation culture of the microorganisms is realized.
Wherein, the pressure control system includes a gas storage tank, a pressure regulating valve, an air compressor, a booster pump, a gas injection pipeline, a pressure sensor and a gas injection valve; the air compressor, the booster pump, the gas storage tank and the gas injection valve The pressure valves are sequentially connected through the gas injection pipeline, and finally the gas injection pipeline is connected to the upper cover through the gas injection valve; the pressure sensor probe is arranged inside the separation incubator, and its signal output end is electrically connected to the control and acquisition system connection; the control end of the pressure regulating valve, the control end of the air compressor, the control end of the booster pump, and the control end of the gas injection valve are electrically connected with the control and acquisition system.
This solution overcomes the difficulty that the special trains can be separated only after the pressure is released, and the device can realize automatic operation and marking without professional operators, and use the small balls to carry the bacteria liquid to move the automatic marking to realize the growth and separation of microorganisms, reducing labor force, cost, and improve the screening and utilization efficiency of engineered bacteria. Compared with the existing solid plate separation and culture technology, this solution does not require professionals to use the inoculation loop to sterilize and then pick the bacterial solution for streaking inoculation. It only needs to inject a small amount of bacterial solution to achieve automatic streaking, complete the separation work, and improve the universality of operators; compared with the difficulty of separation of the existing marine special strains in the screening process, the solution needs to release the pressure before separation. Screening efficiency, improving the screening and cultivation efficiency of engineered bacteria with special functions. Separation and improvement of the difficulty of pressure release in the existing plate streak separation and culture, effectively improve the efficiency of microbial solid separation and culture, and provide an important basic means for the separation and cultivation of efficient marine special microorganisms.
Therefore, it would have been prima facie obvious at the time of applicants’ invention to apply CN 114456909 multilayered cultivation device into Feng et al’s apparatus comprising an enrichment system, an isolation chamber, a central control system, a temperature control unit, and a pressure control unit in order to effectively improve the efficiency of microbial solid separation and culture, and provide an important basic means for the separation and cultivation of efficient marine special microbial bacteria as taught by CN 114456909. Feng et al., already taught device for enrichment culture and gravity-type isolation of the marine microorganisms in the high-pressure environment, enrichment culture of the microorganisms under the marine in-situ temperature and pressure environmental conditions is achieved through the enrichment and multistage purification unit, and isolation and culture of the marine microorganisms are achieved through the gravity-type isolation and culture unit; while CN 114456909 further described improvement regarding the difficulty of pressure release in the existing plate streak separation and culture. One of ordinary skill in the art would have a reasonable expectation of success by combining the device components, in order to reconstruct the in-situ environment for enrichment culture and isolation of the marine microorganisms.
Additionally, KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1741 (2007), discloses combining prior art elements according to known methods to yield predictable results, thus the combination is obvious unless its application is beyond that person's skill. KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1741 (2007) also discloses that "The combination of familiar element according to known methods is likely to be obvious when it does no more than yield predictable results". It is well known to take a device, where there is no change in the respective function device components, thus the combination would have yielded a reasonable expectation of success along with predictable results to one of ordinary skill in the art at the time of the invention. Thus, it would have been obvious to a person of ordinary skill in the art to combine prior art elements according to known methods that is ready for improvement to yield predictable results. The claimed invention is prima facie obvious in view of the teachings of the prior art, absent any convincing evidence to the contrary.
Pertinent Art
6. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. CN 202210264680 teach a high pressure environment marine microorganism enrichment culture and gravity separation device. US 20170248508 teach methods and devices for multi-step cell purification and concentration.
Conclusion
7. No claims are allowed.
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JA-NA A HINES whose telephone number is (571)272-0859. The examiner can normally be reached Monday thru Thursday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Peter Paras, can be reached on 571-272-4517. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JANA A HINES/ Primary Examiner, Art Unit 1645
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