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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 07/22/2024, 05/07/2025, and 05/08/2025 are incompliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. In particular, applicant is encouraged to choose a title more descriptive of the claims.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-3 and 5-6 are is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hohenthanner et al. (US 2013/0052101 A1-hereafter “Hohenthanner”).
Regarding claim 1, Hohenthanner discloses a culture device (incubator comprises a housing 2, which encloses an interior3, in which, for example, microbiological samples can be stored under predefined temperature, para. [0021]).
“comprising: a culture chamber that accommodates a culture;”: Hohenthanner discloses incubator 1 comprises a housing 2, which encloses an interior3, in which, for example, microbiological samples can be stored under predefined temperature (para. [0021], Fig. 1).
“a first vapor supplier that supplies vapor to the culture chamber by natural vaporization;”: Hohenthanner discloses a steam generator 4 is connected via a steam feed line 5 to the incubator 1 (para. [0022], Fig. 1).
“a second vapor supplier that supplies vapor to the culture chamber by forced vaporization;”: Hohenthanner discloses a pressure bottle 13 connected via gas lines 11 to both the steam generator 4 and also the interior 3 of the incubator 1(para. [0025], Fug. 1).
“a humidity sensor that detects humidity in the culture chamber;”: Hohenthanner discloses humidity measured in the interior 3 (para. [0025]); humidity is also kept in the interior of the incubator (para. [0015]).
“and a control device that operates the first vapor supplier and the second vapor supplier to humidify the culture chamber such that the humidity in the culture chamber becomes a target value,”: Hohenthanner discloses controller of the device before the incubator according to the present invention is put into operation, the controller then in turn ensuring that the maximum temperature of the water reservoir (para. [0016]).
“wherein after the first vapor supplier and the second vapor supplier humidify the culture chamber until the humidity in the culture chamber becomes a determination value, the control device stops the second vapor supplier, and operates the first vapor supplier to humidify the culture chamber until the humidity in the culture chamber becomes the target value.”: Hohenthanner discloses the control of the incubator ensures an increased feed with ambient air loaded with water steam to reproduce the predefined humidity level in the interior (para. [0015]). Moreover, Hohenthanner discloses the controller of the device before the incubator according to the present invention is put into operation, the controller then in turn ensuring that the maximum temperature of the water reservoir corresponding to the installation altitude is not exceeded, or the maximum temperature of the water reservoir is directly predefined (para. [0016]).
Regarding claim 2, Hohenthanner discloses the controller of the device before the incubator according to the present invention is put into operation, the controller then in turn ensuring that the maximum temperature of the water reservoir corresponding to the installation altitude is not exceeded, or the maximum temperature of the water reservoir is directly predefined (para. [0016]).
Regarding claim 3, Hohenthanner discloses the controller of the device before the incubator according to the present invention is put into operation, the controller then in turn ensuring that the maximum temperature of the water reservoir corresponding to the installation altitude is not exceeded, or the maximum temperature of the water reservoir is directly predefined (para. [0016]). Moreover, Hohenthanner discloses appropriate switching of the valve 12 through the steam region 42 of the steam generator 4 into the interior 3. On the way therein, it is enriched with the water steam formed in the steam generator 4 and is thus fed as humid gas into the interior 3. An undesired further decrease of the humidity in the interior 3 can be prevented in this manner (para. [0025]).
Regarding claim 5, Hohenthanner discloses a first vapor supplier (a steam generator 4 is connected via a steam feed line 5 to the incubator 1 (para. [0022]), which includes a storage (reservoir 6, para. [0022], Fig. 1) and a warmer (heating device 7, para. [0022], Fig. 1).
Regarding claim 6, Hohenthanner discloses water in reservoir 6 is heated by means of the heating device 7 to a temperature of at least 60° C., particularly preferably to 85 to 90° C. The higher the temperature of the water reservoir 6, the lower the probability that bacteria will form in the water (para. [0024]).
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Hohenthanner et al. (US 2013/0052101 A1-hereafter “Hohenthanner”) as applied to claim 1above, and further in view of Ikefuji (US 2017/0002307 A1-hereafter “Ikefuji”).
Regarding claim 4, Hohenthanner discloses the invention discussed above in claim 1. Further, Hohenthanner discloses internal equipment and measuring devices (para. [0021]). Also, Hohenthanner discloses a control device for controlling the humidity of the culture chamber, also discussed above. However, Hohenthanner does not explicitly disclose an inputter.
For claim 4, Ikefuji teaches a n imaging apparatus comprises: a culture container including an accommodation space for accommodating a sample carrier carrying biological samples in a culture environment for the biological samples (Abstract) and Ikefuji teaches humidity sensor 61 measures the humidity in the accommodation space SP and outputs that humidity information to the humidity regulation unit 62. The humidity regulation unit 62 compares the given humidity information with a humidity command value from a CPU 33 and feeds the steam generated by a built-in steam generating mechanism (not shown) to the steam supply unit 63 and supplies it to the accommodation space SP if the measured humidity value is below the humidity command value (para. [0056]) and Ikefuji teaches a display (para. [0038]).
Hence, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to take the incubator of Hohenthanner and include a CPU, display and humidity regulation unit as taught by Ikefuji, since Ikefuji teaches a display for displaying, for example, an obtained image, a message and the like on a screen as an output unit for presenting information to the user (para. [0038]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LENORA A. ABEL whose telephone number is (571)272-8270. The examiner can normally be reached Monday-Friday 7:00am-4:00pm.
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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/LENORA A ABEL/Examiner, Art Unit 1799
/MICHAEL L HOBBS/Primary Examiner, Art Unit 1799
