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 .
Status of Claims
Claims 1-2 are pending and examined below.
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.
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.
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 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20130210130 A1 (“Larcher”).
As per Claim 1, Larcher discloses a cell production system, comprising:
a plurality of cell production devices including a closed culture vessel (¶ 19—"the at least one closed cell culture module comprises a manifold, interconnecting tubing and a plurality of valves connecting a plurality of vessels, forming a closed system”); and
a wall structure in which the plurality of cell production devices is disposed, wherein the wall structure is polygonal or circular in a planar view (¶ 35—“circular placement of closed cell culture modules”), and
the plurality of cell production devices is juxtaposed to each other in a circumferential direction of the wall structure (¶ 35—“circular placement of closed cell culture modules”; ¶ 35—“the closed cell culture modules, tool and/or components thereof are being moved for example by a movable carrier on rail elements such as guide bars providing for relative lateral or circular movement”).
As per Claim 2, Larcher further discloses wherein each of the plurality of cell production devices is configured to be maintained from one side (¶ 27—“The cell processing rack, which preferably fits into the cell processing unit of the housing is removable from the housing for easier installation of the cell culture module, for cleaning and service purposes”).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BASIL T JOS whose telephone number is (571)270-5915. The examiner can normally be reached 11:00 - 8:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, THOMAS WORDEN can be reached at (571) 272-4876. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Basil T. Jos/Primary Examiner, Art Unit 3658
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