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 .
DETAILED ACTION
This action is in response to the papers filed on August 23, 2024. Claims 1-8 are currently under examination.
Priority
The instant application claims foreign priority 35 U.S.C. 119(a)-(d) to the People’s Republic of China application CN202311090006.8, filed on August 28, 2023. Receipt is acknowledged of translated certified copies of papers required by 37 CPR 1.55. Thus, the earliest possible priority for the instant application is August 28, 2023.
Claim objections
Claim 1 should be amended to recite: “co-cultivated in the step (1) grow to a confluence of 90% or more,” in line 8. This is consistent with instant specification [0028] and [0042].
Claim 8 is objected to because of the following informality: The recitation “supplementing a medium system in each of the T25 flasks to 5 mL” uses the term “medium system,” whereas the claim otherwise identifies the Larimichthys crocea stem cell complete medium. Applicant may obviate the objection by amending the claim to identify the medium being supplemented, if the complete medium is intended.
Claim Rejections - 35 USC § 112(b)
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, 8, and 2-7 by dependence 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 is indefinite in the recitation that the co-cultivated muscle satellites cells and adipose-derived stem cells “grow to a density of 90% or more.” The specification separately recites density and confluence, and the ordinary artisan would not be reasonably able to identify what measurable parameter is represented by the percentage “density.” It is unclear from the claim whether the recited percentage refers to surface confluence, a percentage of a maximum cell density, or relative population density. Thus, ordinary artisan would not be reasonably apprised of the condition that triggers removal of the complete medium and commencement of the claimed differentiation process.
Claim 1 is further indefinite because the claim recites adding an adipogenic differentiation medium for 7-21 days and thereafter “adding” a myogenic differentiation medium for 4-6 days, without specifying whether the adipogenic differentiation medium is removed or replaced before addition of the myogenic differentiation medium or whether the two media are present together. The ordinary artisan would not be reasonably apprised of the culture conditions during the myogenic differentiation step because the claim does not specify the disposition of the adipogenic differentiation medium and it is unclear whether the myogenic differentiation medium replaces the adipogenic differentiation medium or is added while the adipogenic medium is present.
Claim 8 is indefinite in the recitation of dispensing the fourth cell suspension into T25 flasks “according to a volume ratio of 1:2 or 1:3.” It is unclear what two quantities the recited ration applies to, and the scope of the recited ratios is unclear.
Claims 2-7 are rejected for being dependent from the rejected claim 1 and also for failing to further clarify the basis of the rejection
Subject Matter Free of the Prior Art
Claims 1-8 contain allowable subject matter. The closest prior art identified including Dong et al. (Food Res Int. 2023 Feb:164:112438. Epub 2022 Dec 31.) and Froehlich et al. (J Vis Exp. 2014 Apr 30:(86):51354.) relates to the culture of fish muscle cells and preparation and culture of myogenic precursor cells or myoblast, the prior art does not teach or suggest co-cultivating Larimichthys crocea muscle satellite cells and adipose-derived stem cells and subjecting the co-cultured cells to the specifically claimed directed adipogenic and myogenic differentiation regimen and culture parameters. The identified prior art does not teach or suggest the claimed combination of two different Larimichthys crocea stem/progenitor cell populations in a common culture followed by the recited directed adipogenic and myogenic differentiation treatment, nor does it provide a teaching or motivation that would lead the person of ordinary skill in the art to utilize the identified fish muscle-cell culture and myoblast-culture teachings in the specific manner recited in the claimed methodology.
Conclusion
Claims 1-8 are rejected. No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOEL D LEVIN whose telephone number is (571)270-0616. The examiner be reached 8:00 am to 5:00 pm, Monday through Friday.
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/J.D.L./Examiner, Art Unit 1633
/FEREYDOUN G SAJJADI/Supervisory Patent Examiner, Art Unit 1699
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