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 .
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 1-20 is/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 1 recites the limitation "the electrode" in line 6. There is insufficient antecedent basis for this limitation in the claim. Claims 2-20 are rejected by virtue of their dependence on a rejected base claim (claim 1).
It is recommended by the examiner to recite “an electrode” or by stating that the sensor comprises an electrode prior to the stating of what the electrode is configured to accomplish.
Claim 10 recites the limitation “the microprocessor” in line 4. There is insufficient antecedent basis for these limitations in the claims.
It is recommended by the examiner to identify the processor previously brought into the system as “a microprocessor” or “wherein the processor is a microprocessor”.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 4-9, 12-13, and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Castillo (WO2022038295A1, Published on Feb. 24, 2022).
Regarding claim 1, Castillo discloses:
A fixed bed bioreactor for cell culture (Castillo; Abstract, Para. [0022], Figs. 1-2, fixed bed bioreactor (100)) comprising:
a cell culture vessel (Castillo; Fig. 1, (100), (112)) comprising a reservoir (Castillo; Paras. [0022], Figs. 1-2, housing (112) which contains an interior compartment, (120)) configured to contain a cell substrate (Castillo; Pg. 4 lines 6-16; Paras. [0024, 0027-0032], Figs. 2-3, structured spiral bed (122), cell immobilization layers (122a), spacer layers (122b)), an inlet fluidly connected to the reservoir (Castillo; Para. [0022], Figs. 1-2, cover (114); The cover may include various openings or ports for allowing selective introduction or removal of material, fluid, gas, probes, sensors, samplers, or the like.), and an outlet fluidly connect to the reservoir (Castillo; Para. [0022], Figs. 1-2, cover (114); The cover may include various openings or ports for allowing selective introduction or removal of material, fluid, gas, probes, sensors, samplers, or the like.); and
a sensor within the reservoir (Castillo; Figs. 4-6, Para. [0036], biomass measuring system (200), isolated electrodes (202, 204), container (205)), the sensor being configured to detect an electrical property of the cell culture within the reservoir (Castillo; Abstract; Figs. 4-6, Paras. [0036-0040], biomass measuring system (200), isolated electrodes (202, 204)),
wherein the electrode is configured to detect the electrical property during an active cell culture (Castillo; Abstract; Figs. 4-6, Para. [0036], biomass measuring system (200)).
Regarding claim 2, Castillo discloses all of the elements of the current invention as stated with respect to claim 1. Castillo further discloses:
The fixed bed bioreactor of claim 1, wherein the sensor is integrated into the cell substrate (Castillo; Para. [0035-0036], Fig. 3G, monolith matrix (124), openings (O1, O2), isolated electrodes (202, 204); The electrodes (202, 204) can be inserted inside the openings (O1, O2) of the matrix (124)).
Regarding claim 4, Castillo discloses all of the elements of the current invention as stated with respect to claim 1. Castillo further discloses:
The fixed bed bioreactor of claim 1, further comprising a cell substrate disposed within the reservoir (Castillo; Pg. 4 lines 6-16; Paras. [0024, 0027-0032], Figs. 2-3, structured spiral bed (122)) and being configured for adhering cells thereto for cell culture (Castillo; Para. [0028], cell immobilization layer (122a)).
Regarding claim 5, Castillo discloses all of the elements of the current invention as stated with respect to claim 1. Castillo further discloses:
The fixed bed bioreactor of claim 4, wherein the cell substrate comprises a structurally defined multi-layered substrate (Castillo; Pg. 4 lines 6-16; Paras. [0024, 0027-0032], Figs. 2-3 and 3A-3G, structured spiral bed (122); See Figs. 2-3 to see examples of multiple layers of the cell substrate.).
Regarding claim 6, Castillo discloses all of the elements of the current invention as stated with respect to claim 5. Castillo further discloses:
The fixed bed bioreactor of claim 5, wherein each layer of the multi-layered substrate comprises a physical structure and a porosity that are substantially regular and uniform (Castillo; Paras. [0030-0035], Figs. 3-3G; The description of the structure as woven suggests regularity and uniformity of the structure and thus porosity as a result of the gaps within the structure being uniform).
Regarding claim 7, Castillo discloses all of the elements of the current invention as stated with respect to claim 4. Castillo further discloses:
The fixed bed bioreactor of claim 4, wherein the cell substrate comprises a substantially uniform porosity (Castillo; Paras. [0030-0035], Figs. 3-3G; The description of the structure as woven suggests regularity and uniformity of the structure and thus porosity as a result of the gaps within the structure being uniform), and wherein the cell substrate is configured for uniform fluid flow therethrough (Castillo; Para. [0034], Figs. 3A-3G; There is a linear or regular inflow (arrow A)).
Regarding claim 8, Castillo discloses all of the elements of the current invention as stated with respect to claim 4. Castillo further discloses:
The fixed bed bioreactor of claim 4, wherein the cell substrate comprises a plurality of substrate layers (Castillo; Para. [0028]), at least a portion of the plurality of substrate layers are not separated by a spacer material or barrier are in physical contact with each other (Castillo; Para. [0028], Fig. 3F; In figure 3F it can be seen that there are three layers of the cell immobilization layers (122a) adjacent to one another and not separated by spacer layers (122b)).
Regarding claim 9, Castillo discloses all of the elements of the current invention as stated with respect to claim 1. Castillo further discloses:
The fixed bed bioreactor of claim 1, wherein the sensor is configured to predict a proliferation of adherent cells through the reservoir (Castillo; Para. [0036]; cell density over a period of time, being multiple different measurements, is equivalent to proliferation).
Regarding claim 12, Castillo discloses all of the elements of the current invention as stated with respect to claim 1. Castillo further discloses:
The fixed bed bioreactor of claim 1, further comprising a plurality of sensors disposed in different locations within the reservoir (Castillo; Para. [0040]), wherein the plurality of sensors is configured to detect cell culture homogeneity across the fixed bed of the cell substrate (The purpose of the plurality of sensors is deemed an intended use claim limitation. According to the MPEP 2112 (II) the manner of operating a device does not differentiate the apparatus claim from the prior art and therefor is not required for the prior art to read on the claim limitation.)
Regarding claim 13, Castillo discloses all of the elements of the current invention as stated with respect to claim 1. Castillo further discloses:
The fixed bed bioreactor of claim 1, wherein the sensor comprises a pair of impedance electrodes (Castillo; Abstract; Figs. 4-6, Paras. [0036-0040], biomass measuring system (200), isolated electrodes (202, 204)).
Regarding claim 16, Castillo discloses all of the elements of the current invention as stated with respect to claim 13. Castillo further discloses:
The fixed bed bioreactor of claim 13, wherein the pair of electrodes comprises concentric impedance electrodes (Castillo; Para. [0040], Fig. 6, electrodes (202, 204))
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Castillo (WO2022038295A1, Published on Feb. 24, 2022) as applied to claim 1 above, and further in view of Todd (US20210293739A1, Published Sep. 23, 2021).
Regarding claim 3, Castillo discloses all of the elements of the current invention as stated with respect to claim 1.
It can be seen in figure 6 of primary reference Castillo that the sensor elements are against the walls of the bioreactor reservoir (Castillo; Fig.6, isolated electrodes (202, 204); It can be seen in figure 6 that the isolated electrodes are up against or attached to the walls of the bioreactor reservoir). Additionally, Castillo discloses that the sensors are to be insulated from the walls of the container to ensure accuracy in readings (Castillo; Paras. [0036-0041]).
However, Castillo is silent on the sensors being adhered to the sidewall of the bioreactor reservoir.
Secondary reference Todd discloses an electrical impedance sensor (Todd. Para. [0003]) for use within a sample testing environment including a bioreactor (Todd; Paras.[0018 and 0045]) where said bioreactor receptacle is beneficially non-conductive (Todd; Para. [0025]) and where the distance between the electrodes improves measurement accuracy (Todd; Para. [0006]). Secondary reference Todd further discloses wherein a sensor (Todd; electrode pair) is adhered to a sidewall of the reservoir (Todd; Paras. [0018 and 0045], receptacle can be a bioreactor).
Therefore, it would be obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify the sensors of Castillo by adhering the sensors to the sidewalls of the reservoir as taught by Todd. Both Castillo and Todd are directed to biological sample apparatuses using electrical impedance sensing. Todd teaches that by adhering the sensors onto the sidewalls of the reactor reservoir allows for adjusting distance between the electrodes allowing for more accurate measurements of the sample (Todd; Para. [0006]). This involves applying a known technique (adhering a sensor to reactor sidewalls) to a similar device (a reactor that uses sensors in contact with the sidewall) to yield predictable results (sensors adhered to sidewalls of the reactor allowing for more accurate measurements by adjusting the sensor electrode distances).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Castillo (WO2022038295A1, Published on Feb. 24, 2022) as applied to claim 1 above, and further in view of Nazareth (US20210317299A1, Published on Oct. 14, 2021).
Regarding claim 10, Castillo discloses all of the elements of the current invention as stated with respect to claim 1.
Castillo further discloses a controller configured to receive signals from the sensors (Castillo; Paras. [0043, 0045, 0051, 0066], controller (304)), the controller comprising a processor for analyzing the signals measured by the sensor (Paras. [0043, 0045, 0051, 0066], microprocessor (306)).
However, Castillo does not disclose wherein the controller comprises a set of instructions stored in memory, which when executed by the microprocessor, causes the controller to calculate the confluency of cells on the cell substrate.
Secondary reference Nazareth discloses a system and method for the automated culturing of cells (Nazareth; Abstract). This is done with stem cell plate cultures (Nazareth; Paras. [0007, 0009, 0011) using imaging and a control system which enable the automation (Nazareth; Paras. [0149, 0156-0158, 0179, 0216], automated system (1), processor (600), imaging module (100)). Nazareth further discloses wherein the controller calculates the confluency of cells on the cell substrate (Nazareth; Paras. [0149, 0156-0158, 0179, 0216], automated system (1), processor (600), imaging module (100)).
Therefore, it would be obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to combine controller and processor elements of Castillo with processor and automation for calculating cell confluency as taught by Nazareth. Both Castillo and Nazareth are directed to controllers and processors of bioreactor and cell data. This combination will allow for better efficiency of the system due to the automation of the calculations of cell confluency. This involves applying a known technique (processor for calculating cell confluency) to a similar device (a control system that is part of a bioreactor) to yield predictable results (improved calculation efficiency of the bioreactor system).
Claim(s) 11 and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Castillo (WO2022038295A1, Published on Feb. 24, 2022) as applied to claims 1 and 13 above, and further in view of Potyrailo (US20150185173A1, published on Jul. 2, 2015).
Regarding claim 11, Castillo discloses all of the elements of the current invention as stated with respect to claim 1.
Primary reference Castillo discloses a fixed bed bioreactor for cell culture (Castillo; Abstract, Para. [0022], Figs. 1-2, fixed bed bioreactor (100)) comprising a reservoir (Castillo; Paras. [0022-]Figs. 1-2, housing (112) which contains an interior compartment, (120)) which contains a sensor (isolated electrodes) (Castillo; Abstract; Figs. 4-6, Paras. [0036], biomass measuring system (200), isolated electrodes (202, 204)) with the sensor being configured to detect an electrical property of the cell culture within the reservoir (Castillo; Abstract; Figs. 4-6, Paras. [0036-0040], biomass measuring system (200), isolated electrodes (202, 204)), wherein the electrode is configured to detect the electrical property during an active cell culture (Castillo; Abstract; Figs. 4-6, Para. [0036], biomass measuring system (200)).
Castillo further discloses wherein the sensor comprises one or more electrodes (Castillo; Para. [0036], two isolated electrodes (202, 204)). However, Castillo does not disclose explicitly whether the electrodes are comprised of at least one of a metal, a metal alloy, a conductive polymer, and a conductive polymer hydrogel.
Secondary reference Potyrailo discloses a bioreactor sensing system (Potyrailo; Abstract, Para. [0002]) for analyzing the cell viability of a bioreactor's cellular contents (Potyrailo; Paras. [0003-0013]) using impedance electrodes (Potyrailo; Para. [0009]). Potyrailo further discloses the impedance electrodes comprised of metals and conductive polymers (Potyrailo; Para. [0097]), which have a very high detection sensitivity of impedance measurements (Potyrailo; Para. [0097]).
Therefore, it would be obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify the electrodes of Castillo to incorporate Potyrailo’s teachings of impedance electrodes comprised of metals and conductive polymers to provide: the one or more electrodes comprising at least one of a metal and a conductive polymer. Both Castillo and Potyrailo are directed to electrical impedance sensors and their electrodes. Potyrailo discloses that making the electrodes out of metal improves the detection sensitivity of the impedance measurements. This involves applying a known technique (electrodes for electrical impendence sensors being made of metal) to a similar device (sensor for electrical impedance) to yield predictable results (high detection sensitivity of electrical impedance of the sensor with metal electrodes).
Regarding claim 14, Castillo discloses all of the elements of the current invention as stated with respect to claim 13.
Primary reference Castillo discloses a fixed bed bioreactor for cell culture (Castillo; Abstract, Para. [0022], Figs. 1-2, fixed bed bioreactor (100)) which contains a sensor (isolated electrodes) (Castillo; Abstract; Figs. 4-6, Paras. [0036], biomass measuring system (200), isolated electrodes (202, 204)), wherein the electrodes of the sensor are configured to detect the electrical property during an active cell culture (Castillo; Abstract; Figs. 4-6, Para. [0036], biomass measuring system (200)).
Castillo further discloses wherein the sensor electrodes comprise a pair of impedance electrodes (Castillo; Para. [0036], two isolated electrodes (202, 204)). However, Castillo does not disclose wherein the pair of impedance electrodes are interdigitated electrodes.
Secondary reference Potyrailo discloses a bioreactor sensing system (Potyrailo; Abstract, Para. [0002]) for analyzing the cell viability of a bioreactor's cellular contents (Potyrailo; Paras. [0003-0013]) using impedance electrodes (Potyrailo; Para. [0009]). Potyrailo further discloses a pair of interdigitated impedance electrodes (Potyrailo; Para. [0067], [0097], Figs. 5A-5C), which have a very high detection sensitivity of impedance measurements (Potyrailo; Para. [0097]).
Therefore, it would be obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to substitute the impedance electrodes of Castillo with the interdigital impedance electrodes as taught by Potyrailo. Both Castillo and Potyrailo are directed to impedance electrodes being used in a bioreactor setting. Potyrailo teaches that interdigitated electrodes yield a high detection sensitivity in electrical impedance readings. This involves applying a known technique (interdigitated electrodes for electrical impedance sensors) to a similar device (an electrical impedance sensor) to yield predictable results (improved detection sensitivity in the electrical impedance sensor when the interdigital electrodes are used).
Regarding claim 15, Modified Castillo (Castillo in view of Potyrailo) discloses all of the elements of the current invention as stated with respect to claim 14. Castillo further discloses:
The fixed bed bioreactor of claim 14, wherein the interdigitated electrodes (Potyrailo; Para. [0067], [0097], Figs. 5A-5C) are disposed on a same piece of cell substrate (Castillo; Para. [0038], Fig. 5, auxiliary portion (122p), electrodes (202, 204)).
Claim(s) 17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Castillo (WO2022038295A1, Published on Feb. 24, 2022) as applied to claim 1 above, and further in view of Poole (US20250171727A1, Priority claimed to provisional application No. 63/396,634, filed on Aug. 10, 2022).
Regarding claim 17, Castillo discloses all of the elements of the current invention as stated with respect to claim 1.
Primary reference Castillo discloses that the sensor (isolated electrodes) (Castillo; Abstract; Figs. 4-6, Paras. [0036], biomass measuring system (200), isolated electrodes (202, 204)) is configured to detect an electrical property of the cell culture within the reservoir (Castillo; Abstract; Figs. 4-6, Paras. [0036-0040], biomass measuring system (200), isolated electrodes (202, 204)), wherein the sensor is configured to detect the electrical property during an active cell culture (Castillo; Abstract; Figs. 4-6, Para. [0036], biomass measuring system (200)).
Castillo further discloses circular electrodes in both the electrode probes (Castillo; Para. [0040]; probes are understood to have a circular cross section and thus fit the description of circular) and the concentric electrodes (Castillo; Para. [0040]; the electrodes are inner and outer rings circumferentially extending along the inner and outer sides of the fixed bed and are thus circular).
However, Castillo does not disclose wherein the sensor comprises circular electrodes that are specifically cyclic voltammetry electrodes.
Secondary reference Poole discloses a bioreactor system (Poole; Abstract, Paras. [0032-0036, 0040]) which utilizes wireless electrical sensors (Poole; Paras. [0033, 0095]) during the synthesis of biological products (Poole; Abstract). Poole further discloses wherein the sensor comprises cyclic voltammetry electrodes (Poole; Paras. [0033, 0095, 0168]) for the benefit of monitoring redox reactions of the biological solution (Poole; Para. [0036]).
Therefore, it would be obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to substitute the electrodes of the sensors of Castillo by making the electrodes and sensors be cyclic voltammetry electrodes as taught by Poole. Both Castillo and Poole are directed to bioreactors. Poole teaches cyclic voltammetry has the benefit of being used for monitoring redox reactions within the reactor (Poole; Para. [0036]). This involves applying a known technique (cyclic voltammetry electrodes) to a similar device (circular electrical impedance electrodes) to yield predictable results (a sensor that is able to also sense the redox reactions within the reactor body and thus monitor the habitability for the contents of the bioreactor).
Regarding claim 18, Castillo discloses all of the elements of the current invention as stated with respect to claim 1.
Primary reference Castillo discloses that the sensor (isolated electrodes) (Castillo; Abstract; Figs. 4-6, Paras. [0036], biomass measuring system (200), isolated electrodes (202, 204)) is configured to detect an electrical property of the cell culture within the reservoir (Castillo; Abstract; Figs. 4-6, Paras. [0036-0040], biomass measuring system (200), isolated electrodes (202, 204)), wherein the sensor is configured to detect the electrical property during an active cell culture (Castillo; Abstract; Figs. 4-6, Para. [0036], biomass measuring system (200)).
However, Castillo does not disclose wherein the sensor comprises a combination of impedance electrodes and cyclic voltammetry electrodes.
Secondary reference Poole discloses a bioreactor system (Poole; Abstract, Paras. [0032-0036, 0040]) which utilizes wireless electrical sensors (Poole; Paras. [0033, 0095]) during the synthesis of biological products (Poole; Abstract). Poole further discloses wherein the sensor comprises cyclic voltammetry electrodes (Poole; Paras. [0033, 0095, 0168]) for the benefit of monitoring redox reactions of the biological solution (Poole; Para. [0036]).
Therefore, it would be obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to include both the electrical impedance sensors of Castillo with the cyclic voltammetry sensors as taught by Poole in the bioreactor system of Castillo. Both Castillo and Poole are directed to bioreactors. Poole teaches cyclic voltammetry allows for the monitoring of redox reactions within the reactor. The use of two separate sensors in the same bioreactor system is a technique well known to a person of ordinary skill in the art where said sensors perform the same function as they would separately thus allowing for multiple variables to be simultaneously monitored within the system. This involves combining prior art elements (cyclic voltammetry sensors used in a bioreactor to monitor redox conditions) (electric impedance sensor in a bioreactor to monitor electrical response of the cells present) to known methods (electrical sensing in a bioreactor) to yield predictable results (a bioreactor that can both monitor the reactor contents for the cell impedance (electrical impedance sensor) as well as the redox conditions (cyclic voltammetry sensor)).
Claim(s) 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Castillo (WO2022038295A1, Published on Feb. 24, 2022) as applied to claim 1 above, and further in view of Xu (US20090205201A1, Published on Aug. 20, 2009).
Regarding claim 19, Castillo discloses all of the elements of the current invention as stated with respect to claim 1.
Primary reference Castillo discloses that the sensor (isolated electrodes) (Castillo; Abstract; Figs. 4-6, Paras. [0036], biomass measuring system (200), isolated electrodes (202, 204)) is configured to detect an electrical property of the cell culture within the reservoir (Castillo; Abstract; Figs. 4-6, Paras. [0036-0040], biomass measuring system (200), isolated electrodes (202, 204)).
However, Castillo does not disclose how the electrodes of the electrical impedance sensor are being powered or whether there are contact pads electrically connected to the sensor configured to supply electricity to power said sensor.
Secondary reference Xu discloses an impedance-based device (Xu; Abstract) for detecting cells and/or molecules on an electrode surface (i.e. an electrical impedance sensor) (Xu; Abstract; Paras. [0003, 0023-0026]) for use in cell and molecule based assays (Xu; Para. [0003]). Xu further discloses the impedance electrodes (Xu; Para. [0038]; Fig. 1A, electrode structure (110, 120)) comprising contact pads (Xu; Para [0038], connection pads (150)) electrically connected to the sensor and configured to supply electrical power to the sensor (Xu; Para [0038], connection pads (150)). The connection pads and their connection to the electrical connection traces allows for the connection pads to be placed in any direction away from the electrodes while still being connected to the electrical impedance reading device (Xu; Para [0038], connection pads (150), electrical connection traces (130) which are able to extend in any direction with seemingly no distance limit, thus the connection pad can be disposed outside of the reservoir if desired).
Therefore, it would be obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to combine the impedance sensors of Castillo with the contact pads for powering the sensors as taught by Xu. Both Castillo and Xu are directed to impedance sensors measuring cellular impedance. Xu teaches the connection pads can allow for electrical power to reach the sensors and electrodes no matter their placement within or outside of the reservoir. This involves applying a known technique (contact pads used to electrically power a sensor) to a similar device (an electrical impedance sensor) to yield predictable results (A sensor which can be placed through the reactor volume while being guaranteed power).
Regarding claim 20, Modified Castillo (Castillo in view of Xu) discloses all of the elements of the current invention as stated with respect to claim 19.
Modified Castillo in its current iteration, shown above with respect to claim 19, has not yet explicitly disclosed wherein the contact pads are at least partially disposed outside of the reservoir.
However, as mentioned above with regards to the benefit of addition of the contact pads to the sensors of Castillo the secondary reference Xu discloses that the electrical connection traces allows for the connection pads to be placed in any direction away from the electrodes while still being connected to the electrical impedance reading device (Xu; Para [0038], connection pads (150), electrical connection traces (130) which are able to extend in any direction with seemingly no distance limit), thus allowing the connection pad to be disposed outside of the reservoir if desired.
Additionally, it has been held that a mere rearrangement of elements without modification of the operation of the device involves only routine skill in the art. MPEP §2144.04 (VI)(C). The rearrangement in this case does not modify the operation of the device because whether the contact pads are disposed inside or outside of the reservoir does not explicitly affect the electrical connection between the contact pads and the sensor thus not affecting their operation. The benefits of this modification include being able to ensure a closed system within the reactor reservoir when maintenance on the contact pad is required.
Conclusion
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/D.L.B./Examiner, Art Unit 1758
/MARIS R KESSEL/Supervisory Patent Examiner, Art Unit 1758
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