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 § 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.
Claim(s) 15-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Markides et al. (“Whole body tracking of superparamagnetic iron oxide nanoparticle-labelled cells – a rheumatoid arthritis mouse model”), hereinafter referred to as Markides. With reference to claim 15, Markides teaches A system for identifying chondrogenic potential of mesenchymal stem cells comprising: a magnetic resonance relaxometry device configured to determine a T2 value for a liquid sample including a plurality of mesenchymal stem cells in a sensor and to identify mesenchymal stem cells with high chondrogenic potential when the T2 value is greater than or equal to a first threshold value and mesenchymal stem cells with low chondrogenic potential when the T2 value is less than or equal to a second threshold value (First two paragraphs of “Results” section; Fig. 2, description thereof; determining in vitro T2_eff value of SiMAG-labelled murine mesenchymal stem cells (mMSCs) and comparing it with a threshold).
With reference to claim 16, Markides further teaches a cell production device as a source for the plurality of mesenchymal stem cells (“Cells” section). With reference to claim 17, Markides further teaches the cell production device includes a cell culture vessel (“Cells” section). With reference to claim 18, Markides further teaches the cell culture vessel includes a plate, a well, a chamber, or a combination thereof (“Cells” section). With reference to claim 19, Markides further teaches the cell production device includes an incubator (“Cells” section).
With reference to claim 20, Markides further teaches a cell separation device (“Flow cytometry analysis (fluorescence activated cell sorting)” section). With reference to claim 21, Markides further teaches the cell separation device includes a microfluidic device and/or a cell sorter (fluorescence activated cell sorting)” section).
Allowable Subject Matter
Claims 1-11, 13 and 14 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The prior art does not disclose or suggest the claimed "determining a T2 value for the liquid sample; and identifying mesenchymal stem cells with high chondrogenic potential when the T2 value is greater than or equal to a first threshold value and mesenchymal stem cells with low chondrogenic potential when the T2 value is less than or equal to a second threshold value" in combination with the remaining claim elements as set forth in claims 1-11, 13 and 14.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Daldrup-Link (US 10,744,161 B2) teaches vivo iron labeling of stem cells and tracking these labeled stem cells after their transplantation.
Ghosh et al. (US 8,731,261 B2) teach method of analyzing a medical image.
Nejadnik et al. (US 2014/0271616 A1) teach compositions and methods for mesenchymal and/or chondrogenic differentiation of stem cells.
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/GREGORY H CURRAN/Primary Examiner, Art Unit 2852
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