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 .
Double Patenting
Claims 1-20 are rejected under the judicially created doctrine of double patenting over claims 1-18 of U. S. Patent Number 10,961,997 B2 since the claims, if allowed, would improperly extend the "right to exclude" already granted in the patent.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows: the application claims are merely broader than the patent claims.
Claims 1-20 are rejected under the judicially created doctrine of double patenting over claims 1-24 of U. S. Patent Number 11,982,268 B2 since the claims, if allowed, would improperly extend the "right to exclude" already granted in the patent.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows: the application claims are merely broader than the patent claims.
Claims 1-20 are rejected under the judicially created doctrine of double patenting over claims 1-20 of U. S. Patent Number 12,584,474 B2 since the claims, if allowed, would improperly extend the "right to exclude" already granted in the patent.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows: the application claims are merely broader than the patent claims.
Furthermore, there is no apparent reason why applicant was prevented from presenting claims corresponding to those of the instant application during prosecution of the application which matured into a patent. See also MPEP §804.
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the "right to exclude" granted by a patent and to prevent possible harassment by multiple assignees. See In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and, In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent is shown to be commonly owned with this application. See 37 CFR 1.130(b).
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
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 1-10, 12-18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Meyer et al. (Meyer) (Patent/Publication Number US 2003/0062067).
Regarding claims 1 and 12, Meyer discloses a microplate cell washing system (10, 15, 1260, 1510, 1512), the system comprising: a dispense line (85, 75, 77) (e.g. See Paragraphs [0054, 0058]); a dispensing pump (55, 1250) connected to the dispense line and configured to control a first flow rate of a solution from a fluid reservoir (72, 1200, 1210) through the dispense line (e.g. See Paragraphs [0054] FIG. 3 illustrates one possible arrangement of components within a washing station, e.g., closed cell cartridge washer 10. Pipe 37 delivers a desired fluid to fluid inlet 70 located on fluid manifold 65 that distributes the fluid through a plurality of upstream hoses 75 that are connected to pump 55. Pump 55 then pumps the fluid through downstream hoses 77 that are connected to inlet tubes 85. Inlet tubes 85 deliver fluid to closed cell cartridges 110 when the cartridges are placed within the cartridge cavities, e.g. cartridge cavities 100 in cartridge plate 15. Fluid is pumped through closed cell cartridges 110 and exits cartridges 110 through waste tube 87 that delivers the waste to waste dump 80. Waste dump 80 is connected to a waste pipe 82 that removes the waste fluid.) (e.g. See Paragraphs [0054-0056, 0077, 0085]); an aspiration line (87); and an aspirating pump (55), independently controlled from the dispensing pump, connected to the aspiration line and configured to impart a second flow rate to a waste solution through the aspiration line (e.g. See Paragraphs [0084] ..... For example, in the first step of a wash cycle, pump 55 optionally runs backwards, thereby drawing fluid from enclosed volume 112 through inlet tube 85 back down downstream hose 77 towards pump channel 60. Simultaneously, air is drawn into waste tube 87, thereby filling enclosed volume 112 with air. Pump 55 is then reversed, e.g., by controller 40, and fluid, e.g., the same fluid is then pumped through downstream hose 77 into inlet tube 85 and into enclosed volume 112. Once pump 55 has pumped the same amount of fluid into the enclosed volume 112 that was drained, a complete wash cycle has been performed.) (e.g. See Paragraphs [0049-0050, 0054-0056, 0077, 0084-0085]).
Regarding claims 2, 13, Meyer further discloses wherein the dispense line is one of a plurality of dispense lines (75, 77) that are each connected to the dispensing pump on a first end and terminate in a corresponding dispense pipe of a plurality of dispense pipes on a second end through which the solution flows according to the first flow rate (e.g. See Paragraphs [0054-0056, 0082, 0084-0085]).
Regarding claim 3, Meyer further discloses wherein the plurality of dispense pipes are captured in a dispense cassette (10, 15, 1260, 1510, 1512) that is removably mounted via a bracket (79, 90, 95) to the system (e.g. See Paragraphs [0062] Because of the arrangements of the above-described components, when an inlet tube or waste tube becomes clogged, it is quickly and easily replaced. Generally, the procedure comprises removing fastener 90 and washer 95. Hose connector 79 is removed from the end of the tube, e.g., tube 85 or 87, and the tube is pulled from the cartridge plate. Sealant 97 does not adhere to the cartridge plate and therefore is also removed with the tube.) (e.g. See Paragraphs [0054-0056, 0061-0062]).
Regarding claim 4, Meyer further discloses wherein the dispensing pump is a peristaltic pump that comprises a plurality of rollers over which the plurality of dispensing lines is stretched to impart the first flow rate via rotation via a motor (e.g. See Paragraphs [0047] Cartridge holders as described above are typically coupled to a fluid delivery system to provide a washing station. The fluid delivery system typically comprises a pump, e.g., a peristaltic pump, a syringe pump, a multi-channel pump, a multi-channel peristaltic pump, a multi-channel syringe pump, or the like, and one or more fluid sources, e.g., a reservoir comprising a buffer, solvent, water, or the like, and a waste dump or reservoir, for receiving fluids or gases that have been purged or removed from the enclosed volume of the cartridge. ....) (e.g. See Paragraphs [0047-0049, 0056]).
Regarding claims 5, 16, Meyer further discloses wherein the aspiration line is one of a plurality of aspiration lines that are each connected to a waste fluid reservoir on a first end and terminate in a corresponding aspiration pipe of a plurality of dispense pipes on a second end through which the waste solution follow according to the second flow rate (e.g. See Paragraphs [0054-0056, 0082, 0084-0085]).
Regarding claims 6, 14, 17, Meyer further discloses wherein the plurality of aspiration pipes are captured in an aspiration cassette that is removably mounted via a bracket to the system (e.g. See Paragraphs [0054-0056, 0082, 0084-0085]).
Regarding claims 7, 15, 18, Meyer further discloses wherein the aspiration pump is a peristaltic pump that comprises a plurality of rollers over which the plurality of aspiration lines is stretched to impart the second flow rate via rotation via a motor (e.g. See Paragraphs [0047-0050, 0056]).
Regarding claim 8, Meyer further discloses a microplate carrier (10, 15, 1260, 1510, 1512), configured to support a microplate (e.g. See Paragraphs [0049, 0052-0055, 0058]); and a motor, wherein the motor is configured to control a position of the microplate carrier between a first state and a second state; wherein in the first state the dispense line and the aspiration line are each aligned with a first well defined in the microplate (e.g. See Paragraphs [0053-0056, 0084-0086]); and wherein in the second state the dispense line and the aspiration line are each aligned with a second well defined in the microplate (e.g. See Paragraphs [0084] ..... For example, in the first step of a wash cycle, pump 55 optionally runs backwards, thereby drawing fluid from enclosed volume 112 through inlet tube 85 back down downstream hose 77 towards pump channel 60. Simultaneously, air is drawn into waste tube 87, thereby filling enclosed volume 112 with air. Pump 55 is then reversed, e.g., by controller 40, and fluid, e.g., the same fluid is then pumped through downstream hose 77 into inlet tube 85 and into enclosed volume 112. Once pump 55 has pumped the same amount of fluid into the enclosed volume 112 that was drained, a complete wash cycle has been performed.) (e.g. See Paragraphs [0053-0056, 0084-0086]).
Regarding claims 9, 20, Meyer further discloses wherein controlling the position of the microplate carrier includes at least one of horizontal positioning and vertical positioning (e.g. See Paragraphs [0052, 0057-0059]).
Regarding claim 10, Meyer further discloses wherein the solution comprises fresh cell growth medium (e.g. See Paragraphs [0052, 0057-0059]).
Allowable Subject Matter
Claims 11 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims; and also to overcome the claim objections set forth in this Office action, such as to overcome the rejection(s) under 35 U.S.C. 101, 112 2nd paragraph, and double patenting.
Since allowable subject matter has been indicated, applicant is encouraged to submit Final Formal Drawings (If needed) in response to this Office action. The early submission of formal drawings will permit the Office to review the drawings for acceptability and to resolve any informalities remaining therein before the application is passed to issue. This will avoid possible delays in the issue process.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and consists of five patents:
Callicoat et al. (Pat./Pub. No. US 10475529), Huang et al. (Pat./Pub. No. US 2016/0361476), Blott et al. (Pat./Pub. No. US 2011/0213320), Pollack et al. (Pat./Pub. No. US 2011/0104816), and Griffin et al. (Pat./Pub. No. US 11414639), all discloses a microplate cell washing system for use with fluid pumping system.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Primary Examiner Binh Tran whose telephone number is (571) 272-4865. The examiner can normally be reached on Monday-Friday from 8:00 a.m. to 4:00 p.m.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors, Mark Laurenzi, can be reached on (571) 270-7878. The fax phone numbers for the organization where this application or proceeding is assigned are (571) 273-8300 for regular communications and for After Final communications.
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Binh Q. Tran
/BINH Q TRAN/
Primary Examiner, Art Unit 3748
October 03, 2026
