DETAILED ACTION
Allowable Subject Matter
Claims 10 and 16 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
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 .
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.
Information Disclosure Statement
The information disclosure statements filed on 7/22/2024 is acknowledged by the examiner.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 lines 13-14, “at least one valve” should state the at least one valve”
Appropriate correction is required.
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 1-22 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.
Numerous 112(b) or 112 second paragraph issues. Below is a list with a few examples:
Claim 1 line 11 recites “a material compartment”. Claim 1 line 6 recites “at least two material compartments”. It is unclear if “a material compartment” is one of the “at least two material compartments”. For the purpose of this examination, it is assumed in the affirmative. It is suggested that “a material compartment” should be amended to state a material compartment of the at least two material compartments.
Claim 1 line 13 recites “material compartments”. It is assumed this is the same as “the at least two material compartments” recited in Claim 1 line 6. It is suggested that “material compartments” should be amended to state the at least two material compartments.
Claims 2-12 are rejected based on their dependency on Claim 1.
Claim 18 line 4 recites “said material compartment”, however line 3 states “a first material compartment”. It is unclear is “said material compartment” is the same as a first material compartment. For the purpose of this examination, it is assumed they are the same element.
Claims 19-22 are rejected based on their dependency on claim 18.
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 1-9, 12, and 17-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Delmotte WO 2007084919 A1 (“Delmotte”).
Regarding Claim 1, Delmotte discloses a material mixing cartridge (figs 50A-C) for dispensing systems, comprising a dispensing chamber (ann. fig. 50C), comprising a material dispensing outlet (ann. fig. 50C) and a dispensing actuator (plungers illustrated in figs. 50A-C) for dispensing material through the material dispensing outlet (ann. fig. 50C), at least two material compartments (1052. 1054) for receiving material to be mixed, and at least one material transfer channel (ann. fig. 50C) being adapted for material transfer between said at least two material compartments (1052, 1054) and said dispensing chamber (ann. fig. 50C), said material mixing cartridge (1052 illustrates cartridge with A+B fluids) further comprising at least one valve (1058) arranged to regulate material flow between a material compartment (1052, 1054) and the dispensing chamber (ann. fig. 50C) via the at least one material transfer channel (ann. fig. 50C), wherein the dispensing chamber (ann. fig. 50C), material compartments (1052, 1054) and at least one valve (1058) are configured such that material transfer between a material compartment (1052, 1054) and the dispensing chamber (ann. fig. 50C) may be performed independently (channel 1060 is used to transfer and mix material between 1052 and 1054, while channel 1062 is used to transfer the mixed material to the dispensing chamber of cartridge 1056) of dispensing material (A+B) through the material dispensing outlet (ann. fig. 50C), and wherein the dispensing chamber (ann. fig. 50C), material compartments (1052, 1054) and at least one valve (1058) are configured such that any material in the dispensing chamber (ann. fig. 50C) may be transferred (by fluid passageway 1062) to any material compartment (1052, 1054). (“In Figure 5OA, the valve is open to allow for fluid flow between the two containers while fluid flow to the third container 1056 across the valve 1058 is closed. Each container 1052 and 1054 contains at least one component, respectively identified as A and B for mixing into a combined mixture. [000143]. As shown in Figures 50A and 5OB, the component A from container 1054 is allowed to flow across the valve 1058 through the open fluid passageway 1060 and the mixing device 1050 to the container 1052 on the other side of the mixing device 1050 such that both components A + B reside in the same container. In Figures 50A-50C, the components A + B may be allowed to flow between the first and second containers 1052 and 1054 at least once (i.e., to container 1054) as a combined mixture and perhaps several times (i.e., back and forth between containers 1052 and 1054) to achieve the desired number of changes in flow direction that provides sufficient mixing of such components using the mixing device. In Figures 50A-50C, which employs a single mixing device, it may be desirable to switch the direction of flow several times, although the number of changes in flow direction may be reduced as the number of mixing devices that may be employed is increased. When the desired number of changes in flow direction has occurred, the components A+B preferably reside in one of the containers 1052 and 1054, such as shown in Figure 5OB, which shows components A + B in the same container 1052. [000144]. In Figure 50C.sub.5 the position of the valve 1058 is rotated to provide a fluid passageway 1062 between one of the containers 1052 and the third container 1056. The flow of the combined mixture A + B is then allowed to flow into the third container 1056, which may be a reservoir or other structure that utilizes the combined mixture.”).
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DELMOTTE – ANNOTATED FIGURE 50C
Regarding Claim 2, Delmotte discloses the dispensing chamber (ann. fig. 50C), material compartments (1052, 1054) and at least one valve (1058) are configured such that material may be transferred (using passage 1062 and first or second material compartment actuator) from a material compartment (1052, 1054) to the dispensing chamber (ann. fig. 50C) independently of dispensing material through (using dispensing actuator and passageway 1060) said material dispensing outlet (ann. fig. 50C).
Regarding Claim 3, Delmotte discloses the dispensing chamber (ann. fig. 50C), material compartments (1052, 1054) and at least one valve (1058) are configured such that material may be transferred (using passageway 1062 and dispensing actuator) from the dispensing chamber (ann. fig. 50C) to a material compartment (1052, 1054) independently of dispensing material through (using dispensing actuator and passageway 1060) said material dispensing outlet (ann. fig. 50C).
Regarding Claim 4, Delmotte discloses at least one of the at least one valve (1058) is adapted to be movable between at least i) a closed configuration (para 0142 “In Figure 5OA, the valve is open to allow for fluid flow between the two containers while fluid flow to the third container 1056 across the valve 1058 is closed”); ii) a configuration allowing material flow from the connected material compartment (1052, 1054) to (using passageway 1062 and material compartment actuator) the dispensing chamber (ann. fig. 50C), and iii) a configuration allowing material flow from the dispensing chamber (ann. fig. 50C) to (using passageway 1062 and dispensing actuator) the connected material compartment (1052, 1054).
Regarding Claim 5, Delmotte discloses each material compartment (1052, 1054) is connected to the material transfer channel (1062) via an individual valve (first or second material compartment actuator and dispensing actuator) for regulating flow between each respective material compartment (1052, 1054) and the dispensing chamber (ann. fig. 50C).
Regarding Claim 6, Delmotte discloses two or more of the material compartments (1052, 1054) connect to a common material transfer channel (1062) connected to the dispensing chamber (ann. fig. 50C).
Regarding Claim 7, Delmotte discloses the dispensing actuator (ann. fig. 50C) is a dispensing piston adapted to dispense material in the dispensing chamber (ann. fig. 50C) through the material outlet (ann. fig. 50C).
Regarding Claim 8, Delmotte discloses at least one of the material compartments (1052, 1054) is adapted for receiving capsules of material (first and second material compartments are capsules that are connected to the valve 58) to be mixed and said material compartment is further configured such that the received capsule is opened to the material transfer channel (ann. fig. 50C) when the capsule is received in the material compartment.
Regarding Claim 9, Delmotte discloses at least one transfer actuator (first or second material compartment actuator, ann. fig. 50C) adapted to provide pressure within at least one material compartment (1052, 1054) for transfer of material between said material compartment (1052, 1054) and said dispensing chamber (ann. fig. 50C).
Regarding Claim 12, Delmotte discloses the dispensing system (fig. 50A and B and ann. fig. 50C) and the material mixing cartridge is adapted for direct mounting in the dispensing system. A recitation of the intended use of the claimed invention (“3D bioprinter or a droplet dispensing system”) must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding Claim 17, Delmotte discloses the control unit (figs. 50A-C) is adapted to control I. transferring material from the first material compartment (1052) to the dispensing chamber (ann. fig. 50C) via the connected transfer channel (ann. fig. 50C), II. subsequently or simultaneously transferring material from the second material compartment (1054) to the dispensing chamber (ann. fig. 50C) via the connected transfer channel (ann. fig. 50C), III transferring material from the dispensing chamber (ann. fig. 50C) back to one of the material compartments (1052, 1054) and thereafter from said material compartment (1052, 1054) to the dispensing chamber (ann. fig. 50C) via the transfer channel (ann. fig. 50C), and IV. dispensing the mixed material from the dispensing chamber (ann. fig. 50C) through the material dispensing outlet (ann. fig. 50C).
Regarding Claim 18, Delmotte discloses method for mixing material (A+B) to be dispensed in a dispensing system (figs. 50A-C), said method comprising the steps of a. adding material to a first material compartment (1052) in a material mixing cartridge for a dispensing system, said material compartment (1052) being connected to a dispensing chamber (ann. fig. 50C) in said material mixing cartridge via a material transfer channel (ann. fig. 50C), b. adding material to a second material compartment (1054) in said material mixing cartridge, said second material compartment (1054) also being connected to said dispensing chamber (ann. fig. 50C) in said material mixing cartridge via a material transfer channel (ann. fig. 50C), said material mixing cartridge further comprising at least one valve (1058) arranged to regulate material flow between at least one of the material compartments (1052, 1054) and the dispensing chamber (ann. fig. 50C), c. transferring material from the first material compartment (1052) to the dispensing chamber (ann. fig. 50C) via the connected transfer channel (ann. fig. 50C), d. subsequently or simultaneously transferring material from the second material compartment (1054) to the dispensing chamber (ann. fig. 50C) via the connected transfer channel (ann. fig. 50C), e. transferring material from the dispensing chamber (ann. fig. 50C) back to one of the material compartments (1052, 1054) and thereafter from said material compartment to the dispensing chamber (ann. fig. 50C) via the transfer channel (ann. fig. 50C), f. dispensing the mixed material from the dispensing chamber (ann. fig. 50C) through a material dispensing outlet (ann. fig. 50C). (“In Figure 5OA, the valve is open to allow for fluid flow between the two containers while fluid flow to the third container 1056 across the valve 1058 is closed. Each container 1052 and 1054 contains at least one component, respectively identified as A and B for mixing into a combined mixture. [000143]. As shown in Figures 50A and 5OB, the component A from container 1054 is allowed to flow across the valve 1058 through the open fluid passageway 1060 and the mixing device 1050 to the container 1052 on the other side of the mixing device 1050 such that both components A + B reside in the same container. In Figures 50A-50C, the components A + B may be allowed to flow between the first and second containers 1052 and 1054 at least once (i.e., to container 1054) as a combined mixture and perhaps several times (i.e., back and forth between containers 1052 and 1054) to achieve the desired number of changes in flow direction that provides sufficient mixing of such components using the mixing device. In Figures 50A-50C, which employs a single mixing device, it may be desirable to switch the direction of flow several times, although the number of changes in flow direction may be reduced as the number of mixing devices that may be employed is increased. When the desired number of changes in flow direction has occurred, the components A+B preferably reside in one of the containers 1052 and 1054, such as shown in Figure 5OB, which shows components A + B in the same container 1052. [000144]. In Figure 50C.sub.5 the position of the valve 1058 is rotated to provide a fluid passageway 1062 between one of the containers 1052 and the third container 1056. The flow of the combined mixture A + B is then allowed to flow into the third container 1056, which may be a reservoir or other structure that utilizes the combined mixture.”).
Regarding Claim 19, Delmotte discloses adding material to a material compartment (1052, 1054) comprises arranging a capsule (first and second material compartments are capsules that are connected to the valve 58) containing said material in said material compartment, and wherein upon arranging the capsule in said material compartment, the received capsule (1056) is opened to the material transfer channel (ann. fig. 50C).
Regarding Claim 20, Delmotte discloses after step b, a further step b1 is performed: b1 adding material to a third material compartment (at least two comtainers and two or more mixing devices at any one side of the valve, para 00141) in said material mixing cartridge, said third material compartment also being connected to said dispensing chamber (ann. fig. 50C) in said material mixing cartridge via a material transfer channel (ann. fig. 50C), and wherein said third material is transferred from the third material compartment to the dispensing chamber via the transfer channel any time before step f.
Regarding Claim 21, Delmotte discloses the transferal of material between at least one material compartment (1052, 1054) and the dispensing chamber (ann. fig. 50C) is performed by aspiration via the material transfer channel (ann. fig. 50C).
Regarding Claim 22, Delmotte discloses the transferal of material between at least one material compartment (1052, 1054) and the dispensing chamber (ann. fig. 50C) is performed by operating at least one of the at least one valves (1058).
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.
Claim 11 and 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Delmotte WO 2007084919 A1 (“Delmotte”) in view of Grover et al. US PG PUB 20200147301 (“Grover”).
Regarding Claim 11, Delmotte discloses the dispensing chamber (ann. fig. 50C), material compartments (1052, 1054), material transfer channel (ann. fig. 50C) and at least one valve (1058).
Delmotte discloses the claimed invention, except components are contained within an outer housing.
Grover teaches components contained within a housing (delivery device 2300).
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GROVER – FIGURE 9
It would have been obvious to one having ordinary skill in the art to have included with system for dispensing chamber (ann. fig. 50C), material compartments (1052, 1054), material transfer channel (ann. fig. 50C) and at least one valve (1058), as disclosed by Delmotte, contained within an outer housing, as taught by Grover, for the purpose of using a delivery device for a mixed solution.
Regarding Claim 13, Delmotte discloses a dispensing system comprising a material mixing cartridge (1056) according to claim 1.
Delmotte discloses the claimed invention, except a cartridge station for mounting of said material mixing cartridge, and a control unit adapted to control dispensing of material.
Grover teaches a cartridge station (2300) for mounting of a material mixing cartridge (2300), and a control unit (2150) adapted to control dispensing of material.
It would have been obvious to one having ordinary skill in the art at a time prior to the effective filing date to have modified the system for dispensing chamber (ann. fig. 50C), material compartments (1052, 1054), material transfer channel (ann. fig. 50C) and at least one valve (1058), as disclosed by Delmotte, by using a control unit and a control dispenser, as taught by Grover, for the purpose of delivering the desired volume of mixed materials.
Regarding Claim 14, Delmotte discloses a mixing cartridge (1056).
Delmotte discloses the claimed invention, except a cartridge type detection arrangement adapted to detect when a material mixing cartridge is mounted in the cartridge station.
Grover teaches a cartridge type detection arrangement adapted to detect when a material mixing cartridge is mounted in the cartridge station (para 0156 “ the electronic control system 2200 is configured to detect and verify that the container assembly 2300 and/or the connector assembly 2400 are properly mounted and coupled to the housing 2110.”).
It would have been obvious to one having ordinary skill in the art at a time prior to the effective filing date to have modified the system for dispensing chamber (ann. fig. 50C), material compartments (1052, 1054), material transfer channel (ann. fig. 50C) and at least one valve (1058), as disclosed by Delmotte, by using a control unit and a control dispenser, as taught by Grover, for the purpose of determining proper mounting and coupling to a housing. This also improves accuracy and control of an actuator for the dispenser.
Regarding Claim 15, Delmotte discloses the transfer of materials.
Delmotte discloses the claimed invention, except a control unit is further configured to automatically control transfer of materials within a material mixing cartridge and/or control dispensing of material from the dispensing chamber.
Grover teaches control unit (2105) is further configured to automatically control transfer of materials within a material mixing cartridge (2300).
It would have been obvious to one having ordinary skill in the art at a time prior to the effective filing date to have modified the system for dispensing chamber (ann. fig. 50C), material compartments (1052, 1054), material transfer channel (ann. fig. 50C) and at least one valve (1058), as disclosed by Delmotte, by using a control unit and a control dispenser, as taught by Grover, for the purpose of delivering the desired volume of mixed materials.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Daphne Barry whose telephone number is (571)272-9966 and fax number is (571) 273-9966. The examiner can normally be reached on Monday through Friday 9 AM-6 PM (eastern).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor either Kenneth Rinehart can be reached at (571) 272-4881 or Craig Schneider can be reached at (571) 272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAPHNE M BARRY/Primary Examiner, Art Unit 3753