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 .
Claim Objections
Claims 71, 88 and 89 are objected to because of the following informalities: Language inconsistency.
Claim 71 recites: “…after which the water is drained to the second water tank…” Language consistency is recommended in order to avoid confusion.
For purposes of examination, examiner will interpret claim 71 as reciting: “after which the water solution is drained to the second water tank…”
Appropriate correction is required.
Claim 89 recites: “…after which the water is drained to the second water tank…” Language consistency is recommended in order to avoid confusion.
For purposes of examination, examiner will interpret claim 89 as reciting: “after which the water solution is drained to the second water tank…”
Claims 76-77 and 88 are objected to because of the following informalities: Potassium hydroxide capitalized.
Claim 76 recites: “The body processing apparatus of claim 71, wherein the additive includes or is Potassium Hydroxide.” The term “potassium hydroxide” does not have to be capitalized since the names of chemical compounds are treated as common nouns in the English language.
Claim 77 recites: “The body processing apparatus of claim 76, Potassium Hydroxide is added…” The term “potassium hydroxide” does not have to be capitalized since the names of chemical compounds are treated as common nouns in the English language.
Claim 88 recites: “…an additive treatment means, whereby necessary Potassium Hydroxide may be added…” The term “potassium hydroxide” does not have to be capitalized since the names of chemical compounds are treated as common nouns in the English language.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Additive treatment means in Claims 71, 88 and 89 and one or more heating means or elements are included to further heat the water in the body processing chamber or maintain the temperature of the water received from a solar heating system and the maintained temperature in claim 86 are being interpreted under 35 USC 112 (f).
Page 8, lines 4-30 of instant specification discloses that: “Most preferably, the additive is introduced using an additive treatment means that does not distribute the additive for processing until the water enters the chamber. It is appropriate to the sensitivities of the family that any processing additives are kept contained until the processing actually commences. Optionally, an additive may be added direct to the body before placing in the body processing chamber, including by placing an additive treatment means on the body before closing the body in the body processing chamber. In this form of the invention a dissolvable bag may be used. Preferably, in this optional form of the invention the additive is added through use of a substantially dissolvable bag. Preferably, the dissolvable bag is made of a suitable water soluble plastics material. Preferably, the bag is made of Polyvinyl Alcohol ("PVA") with water soluble properties. Preferably, the PVA is of a kind that dissolves in water above 60 degrees Celsius. The bag may dissolve within a few minutes of processing commencing. Preferably, the bag is integral before processing but during processing enables the contents to disperse into the water. Any suitable bag material may be used. Preferably, the bag is made of a biodegradable film. Any suitable biodegradable material may be used for that bag that enables dispersal of the additive at an appropriate time of the processing. Preferably, substantially 5% of the body weight of Potassium Hydroxide is measured into a dissolvable bag that is put in the chamber with the body, whereby as water enters the chamber the dissolvable bag dissolves and the Potassium Hydroxide enters the water. Preferably, as the Potassium Hydroxide and water mix the pH of the water changes. Preferably, the additive increases the alkalinity of the water. Preferably, the additive and water change the pH of the water to substantially 14. Alternatively, the additive may be added to the water as it fills the body processing chamber. Any suitable further additive may be added at any suitable time during the process to improve the processing and or facilitate the end result.”
Claim limitation “one or more heating means or elements are included to further heat the water in the body processing chamber or maintain the temperature of the water received from a solar heating system and the maintained temperature” in claim 86 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The disclosure is devoid of any structure that performs the function in the claim. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Page 12, lines 5-12 of instant specification discloses: “Preferably, one or more heating means or elements are included to further heat the water in the body processing chamber or maintain the temperature of the water received from the solar heating system. In other forms of the invention cold water may be used, and then heated inside the chamber through use of one or more suitable heating elements. Preferably the heating is thermostatically controlled. Preferably, sensors are included in the chamber to detect the temperature in communication with the controls. Preferably, the temperature of the water is controlled from a control panel.” However, there is no structure disclosed in the specification that performs the functions claimed.
Claim Rejections - 35 USC § 112
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 71-89 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.
Claims 72-87 are considered indefinite because all depend on cancelled claim 70.
For purposes of examination, examiner will interpret claims 72-87 as depending on claim 71.
Further, Claims 72-87 recite: “The human body processing apparatus of claim 71…” However, the preamble to claim 71 discloses “A body processing apparatus for treating a dead human body…” Therefore, there is antecedent basis for the human body processing apparatus as recited in claims 72-87.
For purposes of examination, examiner will interpret claims 72-87 as reciting: “The body processing apparatus of claim 71.”
Claim 71 recites the limitation: “… a water cleaning system in fluid connection with the second water tank to separate the nutrient and water and including a physical filtration system to thoroughly clean the processing water before recycling…” There is no mention of a processing water previously in claim 71. Therefore, there is insufficient antecedent basis for this limitation in the claim.
For purposes of examination, examiner will interpret claim 71 as reciting: “… a water cleaning system in fluid connection with the second water tank to separate the nutrient and water and including a physical filtration system to thoroughly clean the water before recycling…”
Claim 71 discloses: “…an additive treatment means, whereby necessary additives are added to the body processing chamber or to the water used, during the process, and the additive does not distribute until the water enters the chamber;… wherein the human body is placed within the body treatment chamber for alkaline hydrolysis processing, additives are added through use of the additive treatment means, water enters from the first water tank and processing occurs until the body breaks down…” These limitations are indefinite because these appear to be contradictory. As disclosed in the first limitation, the additive does not distribute until the water enters the chamber, and then in the second limitation, the additives are added first and then water enters from the first tank and processing occurs until the body breaks down.
Claim 73 recites: “The body processing apparatus of claim 71, wherein a solar water heater system is included to provide hot water and water from the first tank can be used in a solar water heating system and heated before use for body processing in the chamber.” This limitation is considered indefinite because it is unclear as to what applicant refers to. Are both the solar water heater system and solar water heating system claimed in claim 73 the same or are these different systems? It appears that applicant is referring to the same system.
For purposes of examination, examiner will interpret claim 73 as reciting: “The body processing apparatus of claim 71, wherein a solar water heater system is included to provide hot water and water from the first tank can be used in the solar water heater system and heated before use for body processing in the chamber.”
Claim 74 recites: “The body processing apparatus of claim 71, wherein a rain water tank is included to supply water to a clean water tank for use in processing.” This limitation is considered indefinite because it is unclear as to what applicant refers to. Is applicant referring to the first water tank as recited in claim 71 or is applicant referring to a water tank different/separate/additional to the first water tank of claim 71? Is applicant meaning to substitute the first water tank of claim 71 with this rain water tank of claim 73?
For purposes of examination, examiner will interpret Claim 74 as reciting: “The body processing apparatus of claim 71, wherein the first water tank is a rain water tank to supply the water for use in the body processing chamber.”
Claim 75 recites: “The body processing apparatus of claim 71, wherein a clean water tank is in fluid connection to a pump, to pump clean water into a solar heating system for heating before use in the chamber for body processing.” This limitation is considered indefinite because it is unclear as to what applicant refers to. Is applicant referring to the first water tank as recited in claim 71 or is applicant referring to a water tank different/separate/additional to the first water tank of claim 71? Is applicant meaning to substitute the first water tank of claim 71 with this clean water tank of claim 75?
For purposes of examination, examiner will interpret claim 75 as reciting: “The body processing apparatus of claim 71, wherein the first water tank is in fluid connection to a pump, to pump water into a solar heating system for heating before using in the body processing chamber.”
Claim 78 recites: “…wherein a food acid is introduced to the body processing to substantially return the water to a substantially pH neutral or approximately pH 7.2.” This limitation is considered indefinite because it is unclear as to what applicant refers to. It is unclear if applicant is referring to the body processing chamber, as claimed in claim 71. If so, then is the food acid being introduced to the water into the body processing chamber or is the food acid being introduced to the water after it is carried out of the body processing chamber? Is the food acid being added to the water after it is inside the second water tank?
Claim 78 recites: “…wherein a food acid is introduced to the body processing to substantially return the water to a substantially pH neutral or approximately pH 7.2.” The term “approximately” renders the claim indefinite because it is unclear as to what the meets and bounds of the claim is.
For purposes of examination, examiner will interpret claim 78 as reciting: “…wherein a food acid is introduced to the water from the body processing chamber to substantially return the water to a substantially pH neutral or pH 7.2.”
Claim 79 recites: “…wherein after body processing the water is completely drained from the chamber to the holding tank, and the chamber…” There is no mention of a holding tank previously in claim 71. Therefore, there is insufficient antecedent basis for this limitation in the claim.
For purposes of examination, examiner will interpret claim 79 as reciting: “…wherein after body processing the water is completely drained from the chamber to the second water tank, and the chamber…”
Claim 81 recites: “The human body processing apparatus of claim 71, wherein a pump is used to pump water from the back wash tank to back wash a bag of a bag filtration system so a small amount of body nutrient may be removed from the system for the family.” There is no mention of a back wash tank previously in claim 71. Therefore, there is insufficient antecedent basis for this limitation in the claim.
For purposes of examination, examiner will interpret claim 81 as reciting: “The human body processing apparatus of claim 80, wherein a pump is used to pump water from the back wash tank to back wash a bag of a bag filtration system so a small amount of body nutrient may be removed from the system for the family.”
Claim 82 recites the limitation: “… wherein the water cleaning system includes a bag filtration system and the majority of the nutrient and particles (sediment) contained in the processing water are removed…” There is no mention of a processing water previously in claim 71. Therefore, there is insufficient antecedent basis for this limitation in the claim.
For purposes of examination, examiner will interpret claim 82 as reciting: “… wherein the water cleaning system includes a bag filtration system and the majority of the nutrient and particles (sediment) contained in the water are removed…”
Claim 83 recites the limitation: “…wherein the processing processes the body of a family member and a sediment pot is used in fluid connection with at least one part of the water cleaning system to remove a small volume of water and or nutrient (sediment) from the processing water for use for the family, such as to grow a plant.” There is no mention of a processing water previously in claim 71. Therefore, there is insufficient antecedent basis for this limitation in the claim.
For purposes of examination, examiner will interpret claim 82 as reciting: “… wherein the processing processes the body of a family member and a sediment pot is used in fluid connection with at least one part of the water cleaning system to remove a small volume of water and or nutrient (sediment) from the water for use for the family, such as to grow a plant.”
Claim 83 recites: “…wherein the processing processes the body of a family member and a sediment pot is used in fluid connection with at least one part of the water cleaning system to remove a small volume of water and or nutrient (sediment) from the water for use for the family, such as to grow a plant.” The phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
For purposes of examination, examiner will interpret claim 83 as reciting: “…wherein the processing processes the body of a family member and a sediment pot is used in fluid connection with at least one part of the water cleaning system to remove a small volume of water and or nutrient (sediment) from the water for use for the family.”
Claim 86 recites: “…wherein one or more heating means or elements are included to further heat the water in the body processing chamber or maintain the temperature of the water received from a solar heating system and the maintained temperature.” This limitation is considered indefinite because it is unclear as to what applicant refers to.
Claim 88 recites: “…an additive treatment means, whereby necessary potassium hydroxide may be added to the body processing chamber to increase the alkalinity of the water before processing…wherein the body is placed within the body treatment chamber with the potassium hydroxide, and hot water enters from the first water tank…” These limitations are indefinite because these appear to be contradictory. As disclosed in the first limitation, the additive appears to be added to the body processing chamber after water has been added, and then in the second limitation, the additives are added first and then water enters from the first tank and processing occurs until the body breaks down.
Claim 88 recites: “…and in fluid connection with the first clean water tank water from the solar heating system…” There is no mention of a first clean water tank water nor a solar heating system previously in claim 88. Therefore, there is insufficient antecedent basis for these limitations in the claim.
For purposes of examination, examiner will interpret claim 88 as reciting: “…and in fluid connection with the clean water tank from the solar water heating system…”
Claim 88 recites: “…a solar water heating system that receives clean water from the clean water tank and heats it, a body processing chamber included a heating means, the body processing chamber adapted to receive the dead body in a basket and process through alkaline hydrolysis, and in fluid connection with the first clean water tank water from the solar water heating system, able to receive clean heated water therefrom;…” This limitation is considered indefinite because it is unclear as to what applicant refers to. It is unclear as to how the first clean water tank is in fluid connection with the body processing chamber if the body processing chamber receives heated clean water from the solar heating system. As seen in figure 1 and instant specification, the body processing chamber is in fluid communication with the solar water heating system.
Claim 89 recites: “…an additive treatment means, whereby necessary additives are added to the body processing chamber or to the water used, during the process, and the additive does not distribute until the water enters the chamber;… wherein the human body is placed within the body treatment chamber for alkaline hydrolysis processing, additives are added through use of the additive treatment means, water enters from the first water tank and processing occurs until the body breaks down…” These limitations are indefinite because these appear to be contradictory. As disclosed in the first limitation, the additive does not distribute until the water enters the chamber, and then in the second limitation, the additives are added first and then water enters from the first tank and processing occurs until the body breaks down.
Claims 71-89 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.
In regards to Claims 71, 88 and 89, these claims are considered indefinite because the claims are directed to an apparatus but there are method of using steps included in these apparatus claims. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 USC 112(b) because statutory classes cannot be mixed since it creates confusion as to what the meets and bounds of the claim is. See MPEP 2173.05(p).
For purposes of examination, examiner will interpret claims 71, 88 and 89 as not including the method of using steps.
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.
Claims 71, 74, 76-82, 84-86 and 89 are rejected under 35 U.S.C. 103 as being unpatentable over Ross et al. (US Pat. Pub. No. 2015/0306643, hereinafter Ross) in view of Aboud et al. (US Pat. Pub. No. 2018/0327295, hereinafter Aboud).
In regards to Claim 71, Ross discloses a body processing apparatus for treating a dead human body, the body processing apparatus including:
at least one first water tank for holding water (injector #23 injects water into primary vessel #12). Although there is no clear disclosure of the water source being a first water tank for holding water, having the water to come from a water source such as a water tank is considered reasonably obvious, absent evidence to the contrary, since it is obvious for one of ordinary skill in the art to obtain water from any reasonable water source, such as a water tank for holding water, as this is a mere engineering design choice, absent evidence to the criticality or new or unexpected results. See MPEP 2144.04.) (see figure 1 and paragraphs [0023] and [0043]);
a body processing chamber (#12 primary vessel), for processing the human body (#15) by alkaline hydrolysis, the body processing chamber (#12) adapted to receive the dead body (#15), and in fluid connection with the first water tank, able to receive water therefrom (see figure 1 and paragraphs [0021] and [0023]); and
an additive treatment means (#29, #33, #34), whereby necessary additives (KOH) are added to the body processing chamber (#12) or to the water used, during the process, and the additive does not distribute until the water enters the chamber (see figure 1 and paragraphs [0023] and [0043]; Ross discloses that after the body #15 is placed inside the primary vessel #12, the primary vessel #12 is closed and secured, and the control system (PLC) utilizes a mass measuring device (#81) to determine the mass of the body loaded into the primary vessel #12. Once the PLC determines the correct mass of the body, it will cause drum pump #29 to pump from hydroxide tank #33 through valve #34 and vessel port #35 a solution of KOH 45% into a minimum amount of water delivered into the vessel #12 through injector #23. This is considered equivalent to wherein the additive does not distribute until the water enters the chamber, as claimed by the applicant.);
at least one second water tank (#40) for receiving water from the body processing chamber (#12), through a fluid connection therewith and holding the resultant nutrient and water solution (digestion resultant material) (see figure 1 and paragraphs [0029] and [0041]).
Ross discloses the treatment described is human body tissue hydrolysis with a strong alkaline solution to render the deceased body into constituent parts, only leaving skeletal fragments, “bone shadows” and a liquid portion (digestion resultant material) that can be saved, if useful for other purposes (see paragraph [0021]).
Ross does not explicitly disclose:
a water cleaning system, in fluid connection with the second water tank to separate the nutrient and water and including a physical filtration system to thoroughly clean the processing water before recycling the substantially clean water, either recirculating within the body processing apparatus, or for another purpose, and
However, Aboud teaches a water treatment system including a primary tank configured to receive wastewater containing biological contaminants. The water treatment system comprises an influent storage tank (#105), i.e. first water tank holding water, and a primary tank (#115), i.e. body processing chamber for processing the wastewater containing biological contaminants (e.g. dead human body tissue), wherein the primary tank (#115) also includes a base dosing system, such as a KOH dosing system (#140) used to adjust pH level in the primary tank (#115) which aid in the removal of non-soluble organic solids and liquid in the primary tank (#115) (see figures 1-2 and paragraphs [0024]-[0025] and [0029]). The waste treatment system further comprises a secondary tank (#155), i.e. second water tank for receiving water from the body processing chamber, which receives wastewater after it has passed through the primary tank (#115). After passing through the secondary tank (#115), wastewater enters a series of bag filters (#160), for efficiently removing particles larger than the pore size of the filters, a tertiary tank (#170) for pathogen elimination, and further to additional bag filters (#180) and microfilter (#185), for removing particles of smaller sizes such as micron sized particles. The through-flow stream of wastewater is recirculated back into a tertiary tank (#170) via a recirculation line (#187) after passing through the microfilter (#185) (see paragraphs [0032]-[0033] and [0037]-[0038]). This is considered equivalent to a water cleaning system in fluid connection with the second water tank to separate the nutrient and water and including a physical filtration system to thoroughly clean the water before recycling the substantially clean water, either recirculating within the body processing apparatus, or for another purpose, as claimed by the applicant.
Since Ross discloses that the liquid portion (digestion resultant material) can be saved, if useful for other purposes, it would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the body processing apparatus as disclosed by Ross by further including a water cleaning system in fluid connection with the second water tank to separate the nutrient and water and including a physical filtration system to thoroughly clean the water before recycling the substantially clean water, either recirculating within the body processing apparatus, or for another purpose, as claimed by the applicant, with a reasonable expectation of success, as Aboud teaches a water treatment system comprising an influent storage tank, i.e. first water tank holding water, and a primary tank, i.e. body processing chamber for processing the wastewater containing biological contaminants (e.g. dead human body tissue), wherein the primary tank also includes a base dosing system, such as a KOH dosing system used to adjust pH level in the primary tank which aid in the removal of non-soluble organic solids and liquid in the primary tank, wherein the waste treatment system further comprises a secondary tank, i.e. second water tank for receiving water from the body processing chamber, which receives wastewater after it has passed through the primary tank, and after passing through the secondary tank, wastewater enters a series of bag filters, for efficiently removing particles larger than the pore size of the filters, a tertiary tank for pathogen elimination, and further to additional bag filters and microfilter, for removing particles of smaller sizes such as micron sized particles and the through-flow stream of wastewater is recirculated back into a tertiary tank via a recirculation line after passing through the microfilter, thereby obtaining a system having improved water cleaning strategies for reusing the water and hence, obtaining improved economic savings (see paragraphs [0032]-[0033] and [0037]-[0038]).
In regards to Claim 74, Ross, in view of Aboud, discloses the body processing apparatus as recited in claim 71. Although Ross, as modified above, does not explicitly disclose wherein the first water tank is a rain water tank to supply the water for use in the body processing chamber, substituting a known water source for another known water source, such as a rain water tank to supply water for use in the body processing chamber is a mere engineering design choice in order to obtain a desired end-result, such as for saving money on water utilities and is considered prima facie obvious, absent evidence to the criticality or new or unexpected results. See MPEP 2144.04.
In regards to Claim 76, Ross discloses wherein the additive includes or is potassium hydroxide (see paragraphs [0023] and [0043]).
In regards to Claim 77, Ross discloses wherein potassium hydroxide is added of a weight substantially equivalent to 5% of the weight of the body (see paragraph [0043]; Ross discloses wherein the body is placed into a basket and into the primary vessel #12. The vessel is closed and secured, and the control system utilizes a mass measuring device to determine the mass of the body that was loaded into the basket. Once the PLC control system has determined the correct mass of the body being processed, it will cause drum pump #29 to pump from potassium hydroxide tank #33 and a minimum of 0.1M of KON 45% into a minimum amount of water delivered into vessel #12 through injector #23, to meet a 1 to 1 ratio with the body mass and the water mass. This is considered equivalent to wherein potassium hydroxide is added of a weight substantially equivalent to 5% of the weight of the body, as claimed by the applicant.).
In regards to Claim 78, Ross discloses wherein a food acid is introduced to the water from the body processing chamber to substantially return the water to a substantially pH neutral or pH 7.2 (see paragraph [0026]; Ross discloses wherein in the second vessel #40 the pH of liquid can then be adjusted to a desirable level so that it may be cooled and properly disposed as into a sanitary sewer, or otherwise. For example, by introducing CO2 gas or liquid into the liquid, the pH of the liquid may be lowered. However, other methods of pH adjustment may be used. An example is using mineral acids. Although Ross is silent in regards to use of food acid instead of mineral acid for lowering the pH, changing a known type of acid for another known type of acid, such as using food acid, is a mere engineering design choice in order to obtain a desired end result, and is considered prima facie obvious, absent evidence to the criticality or new or unexpected results. See MPEP 2144.04. Further, since Ross discloses the importance of adjusting the pH to a desirable level to be properly cooled and disposed, it is considered prima facie obvious to adjust the pH of the water to an optimum pH, such as to substantially neutral or 7.2, as claimed by the applicant, since adjusting the pH to an optimum value is a result effective variable which is obtainable by one skilled in the art through routine experimentation, in order to obtain a desired end-result, absent evidence to the criticality or new or unexpected results. See MPE P2144.05.).
In regards to Claim 79, Ross discloses wherein after body processing the water is completely drained from the chamber to the second water tank, and the chamber is flushed with clean water to be clean and dry (see paragraphs [0046]-[0047]).
In regards to Claim 80, Ross, in view of Aboud, discloses the body processing apparatus as recited in claim 71. Aboud further teaches wherein a back wash tank (#220) is included for clean water used to back wash other parts of the system (see figures 1 and 4, and paragraphs [0010] and [0044]-[0045]; Aboud teaches wherein the water treatment system further includes a backwash system #210 for implementing a cleaning process in microfilters and nanofilters, i.e. other parts of the system. The backwash system #210 includes a fresh water tank #220 and pumps for backflushing filters with clean waters from the fresh water tank.).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the body processing apparatus as disclosed by Ross by further including a back wash tank included for clean water used to back wash other parts of the system, as claimed by the applicant, with a reasonable expectation of success, as Aboud teaches a water treatment system comprising an influent storage tank, i.e. first water tank holding water, and a primary tank, i.e. body processing chamber for processing the wastewater containing biological contaminants (e.g. dead human body tissue), wherein the primary tank also includes a base dosing system, such as a KOH dosing system used to adjust pH level in the primary tank which aid in the removal of non-soluble organic solids and liquid in the primary tank, wherein the waste treatment system further comprises a secondary tank, i.e. second water tank for receiving water from the body processing chamber, which receives wastewater after it has passed through the primary tank, and after passing through the secondary tank, wastewater enters a series of bag filters, for efficiently removing particles larger than the pore size of the filters, a tertiary tank for pathogen elimination, and further to additional bag filters and microfilter, for removing particles of smaller sizes such as micron sized particles and the through-flow stream of wastewater is recirculated back into a tertiary tank via a recirculation line after passing through the microfilter, and the water treatment system further includes a backwash system for implementing a cleaning process in microfilters and nanofilters, i.e. bag filters, wherein the backwash includes a fresh clean water tank and pumps to back wash the microfilters and nanofilters, i.e. bag filters, wherein the backwash system includes a fresh water tank and pumps for backflushing filters with clean waters from the fresh water tank, thereby efficiently cleaning other parts of the system in place, thereby, making the system easy to maintain (see paragraphs [0045]-[0046]).
In regards to Claim 81, Ross, in view of Aboud, discloses the body processing apparatus as recited in claim 80. Aboud teaches wherein a pump is used to pump water from the back wash tank (#220) to back wash a bag of a bag filtration system (#190) so a small amount of body nutrient may be removed from the system for the family (see figures 1 and 4, and paragraphs [0044]-[0045]; Aboud teaches the backwash includes a fresh clean water tank and pumps to back wash the microfilters and nanofilters, i.e. bag filters, wherein a pump is used to pump fresh clean water from the water tank and permitted to dwell within the filters for a set time, and after the cleaning process is complete, the dirty water and settled contaminants are carried to a backwash tank and pumped to a discharged drum (#130). The solid waste in the discharged drum (#130) is removed and tested and the solids removed from the purified water can be collected (see paragraphs [0045]-[0046]). Since the solids removed from the purified water can be collected, it is considered reasonably obvious, absent evidence to the contrary, to collect the solids removed from the system and give them to the family, as claimed by the applicant.
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the body processing apparatus as disclosed by Ross by further having a pump is used to pump water from the back wash tank to back wash a bag of a bag filtration system so a small amount of body nutrient may be removed from the system for the family as claimed by the applicant, with a reasonable expectation of success, as Aboud teaches a water treatment system comprising an influent storage tank, i.e. first water tank holding water, and a primary tank, i.e. body processing chamber for processing the wastewater containing biological contaminants (e.g. dead human body tissue), wherein the primary tank also includes a base dosing system, such as a KOH dosing system used to adjust pH level in the primary tank which aid in the removal of non-soluble organic solids and liquid in the primary tank, wherein the waste treatment system further comprises a secondary tank, i.e. second water tank for receiving water from the body processing chamber, which receives wastewater after it has passed through the primary tank, and after passing through the secondary tank, wastewater enters a series of bag filters, for efficiently removing particles larger than the pore size of the filters, a tertiary tank for pathogen elimination, and further to additional bag filters and microfilter, for removing particles of smaller sizes such as micron sized particles and the through-flow stream of wastewater is recirculated back into a tertiary tank via a recirculation line after passing through the microfilter, and the water treatment system further includes a backwash system for implementing a cleaning process in microfilters and nanofilters, i.e. bag filters, wherein the backwash includes a fresh clean water tank and pumps to back wash the microfilters and nanofilters, i.e. bag filters, wherein the backwash system includes a fresh water tank and pumps for backflushing filters with clean waters from the fresh water tank, thereby efficiently cleaning other parts of the system in place, thereby, making the system easy to maintain (see paragraphs [0045]-[0046]).
In regards to Claim 82, Ross, in view of Aboud, discloses the body processing apparatus as recited in claim 71. Aboud further teaches wherein the water cleaning system includes a bag filtration system and the majority of the nutrient and particles (sediment) contained in the water are removed through use of the bag filter part of the water cleaning system (see figures 1 and 4 and paragraphs [0032]-[0033]; Aboud teaches that after passing through the secondary tank (#115), wastewater enters a series of bag filters (#160), for efficiently removing particles larger than the pore size of the filters, a tertiary tank (#170) for pathogen elimination, and further to additional bag filters (#180) and microfilter (#185), for removing particles of smaller sizes such as micron sized particles. The through-flow stream of wastewater is recirculated back into a tertiary tank (#170) via a recirculation line (#187) after passing through the microfilter (#185). This is considered equivalent to wherein the water cleaning system includes a bag filtration system and the majority of the nutrient and particles (sediment) contained in the water are removed through use of the bag filter part of the water cleaning system, as claimed by the applicant.).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the body processing apparatus as disclosed by Ross, by further having the water cleaning system to include a bag filtration system and the majority of the nutrient and particles (sediment) contained in the water are removed through use of the bag filter part of the water cleaning system, as claimed by the applicant, with a reasonable expectation of success, as Aboud teaches a water treatment system comprising an influent storage tank, i.e. first water tank holding water, and a primary tank, i.e. body processing chamber for processing the wastewater containing biological contaminants (e.g. dead human body tissue), wherein the primary tank also includes a base dosing system, such as a KOH dosing system used to adjust pH level in the primary tank which aid in the removal of non-soluble organic solids and liquid in the primary tank, wherein the waste treatment system further comprises a secondary tank, i.e. second water tank for receiving water from the body processing chamber, which receives wastewater after it has passed through the primary tank, and after passing through the secondary tank, wastewater enters a series of bag filters, for efficiently removing particles larger than the pore size of the filters, a tertiary tank for pathogen elimination, and further to additional bag filters and microfilter, for removing particles of smaller sizes such as micron sized, thereby obtaining a system having improved nutrient and particle removal efficiency (see paragraphs [0032]-[0033] and [0037]-[0038]).
In regards to Claim 84, Ross, in view of Aboud, discloses the body processing apparatus as recited in claim 71. Aboud further teaches wherein the water cleaning system includes a water filter (#160) (see figure 1 and paragraph [0033]; Aboud teaches after passing through secondary tank #155, wastewater enters a series of bag filter #160 to remove particles from the wastewater. This is considered a water filter, as claimed by the applicant.).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the body processing apparatus as disclosed by Ross, by further having the water cleaning system to include a water filter, as claimed by the applicant, with a reasonable expectation of success, as Aboud teaches a water treatment system comprising an influent storage tank, i.e. first water tank holding water, and a primary tank, i.e. body processing chamber for processing the wastewater containing biological contaminants (e.g. dead human body tissue), wherein the primary tank also includes a base dosing system, such as a KOH dosing system used to adjust pH level in the primary tank which aid in the removal of non-soluble organic solids and liquid in the primary tank, wherein the waste treatment system further comprises a secondary tank, i.e. second water tank for receiving water from the body processing chamber, which receives wastewater after it has passed through the primary tank, and after passing through the secondary tank, wastewater enters a series of bag filters, for efficiently removing particles larger than the pore size of the filters, thereby obtaining a system having improved nutrient and particle removal efficiency (see paragraphs [0032]-[0033] and [0037]-[0038]).
In regards to Claim 85, Ross, in view of Aboud, discloses the body processing apparatus as recited in claim 71. Aboud further teaches wherein cleaned water from the water cleaning system is pumped or returned to a clean water tank for further use (see paragraph [0042]; Aboud teaches wherein a portion of the influent water passes through nanofilters (#190), which is a membrane separator, and exits as a clean “permeate” or clean product water. Product water passes to water holding tanks #200 or to other apparatus for other uses. This is considered equivalent to wherein cleaned water from the water cleaning system is pumped or returned to a clean water tank for further use, as claimed by the applicant.).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the body processing apparatus as disclosed by Ross, by further having the cleaned water from the water cleaning system to be pumped or returned to a clean water tank for further use, as claimed by the applicant, with a reasonable expectation of success, as Aboud teaches a water treatment system comprising an influent storage tank, i.e. first water tank holding water, and a primary tank, i.e. body processing chamber for processing the wastewater containing biological contaminants (e.g. dead human body tissue), wherein the primary tank also includes a base dosing system, such as a KOH dosing system used to adjust pH level in the primary tank which aid in the removal of non-soluble organic solids and liquid in the primary tank, wherein the waste treatment system further comprises a secondary tank, i.e. second water tank for receiving water from the body processing chamber, which receives wastewater after it has passed through the primary tank, and after passing through the secondary tank, wastewater enters a series of bag filters, for efficiently removing particles larger than the pore size of the filters, a tertiary tank for pathogen elimination, and further to additional bag filters and microfilter, for removing particles of smaller sizes such as micron sized, and then further to a quaternary tank, and a booster pump passes the water to nanofilters to remove pollutant particles in the nanometer scale and the influent water passing through the nanofilters exit as clean “permeate” or product water and the product water passes to product water holding tanks or to other apparatus for other uses, thereby obtaining a system that can thoroughly clean its water, thereby saving money on external water sources (see paragraphs [0032]-[0033], [0037]-[0038] and [0041]-[0042]).
In regards to Claim 86, Ross discloses wherein one or more heating means or elements (#27) are included to further heat the water in the body processing chamber (#12) or maintain the temperature of the water received from a solar heating system and the maintained temperature (see paragraph [0034]).
In regards to Claim 89, Ross discloses a body processing apparatus for treating a dead human body, the body processing apparatus including:
at least one first water tank for holding water (injector #23 injects water into primary vessel #12. Therefore, it is considered reasonably obvious that the water will reasonably come from a water storage tank, as claimed by the applicant.) (see figure 1 and paragraphs [0023] and [0043]);
a body processing chamber (#12 primary vessel), for processing the human body (#15) by alkaline hydrolysis, the body processing chamber (#12) adapted to receive the dead body (#15), and in fluid connection with the first water tank, able to receive water therefrom (see figure 1 and paragraphs [0021] and [0023]); and
an additive treatment means (#29, #33, #34), whereby necessary additives (KOH) are added to the body processing chamber (#12) or to the water used, during the process, and the additive does not distribute until the water enters the chamber (see figure 1 and paragraphs [0023] and [0043]; Ross discloses that after the body #15 is placed inside the primary vessel #12, the primary vessel #12 is closed and secured, and the control system (PLC) utilizes a mass measuring device (#81) to determine the mass of the body loaded into the primary vessel #12. Once the PLC determines the correct mass of the body, it will cause drum pump #29 to pump from hydroxide tank #33 through valve #34 and vessel port #35 a solution of KOH 45% into a minimum amount of water delivered into the vessel #12 through injector #23. This is considered equivalent to wherein the additive does not distribute until the water enters the chamber, as claimed by the applicant.);
at least one second water tank (#40) for receiving water from the body processing chamber (#12), through a fluid connection therewith and holding the resultant nutrient and water solution (digestion resultant material) (see figure 1 and paragraphs [0029] and [0041]).
Ross discloses the treatment described is human body tissue hydrolysis with a strong alkaline solution to render the deceased body into constituent parts, only leaving skeletal fragments, “bone shadows” and a liquid portion (digestion resultant material) that can be saved, if useful for other purposes (see paragraph [0021]).
Ross does not explicitly disclose:
a water cleaning system, in fluid connection with the second water tank to separate the nutrient and water and including a physical filtration system to thoroughly clean the processing water before recycling the substantially clean water, either recirculating within the body processing apparatus, or for another purpose, and
a backwash tank is included for clean water used to back wash other parts of the system and a pump is used to pump water from the back wash tank to a bag of a bag filtration system so a small amount of body nutrient may be removed from the system to the family.
However, Aboud teaches a water treatment system including a primary tank configured to receive wastewater containing biological contaminants. The water treatment system comprises an influent storage tank (#105), i.e. first water tank holding water, and a primary tank (#115), i.e. body processing chamber for processing the wastewater containing biological contaminants (e.g. dead human body tissue), wherein the primary tank (#115) also includes a base dosing system, such as a KOH dosing system (#140) used to adjust pH level in the primary tank (#115) which aid in the removal of non-soluble organic solids and liquid in the primary tank (#115) (see figures 1-2 and paragraphs [0024]-[0025] and [0029]). The waste treatment system further comprises a secondary tank (#155), i.e. second water tank for receiving water from the body processing chamber, which receives wastewater after it has passed through the primary tank (#115). After passing through the secondary tank (#115), wastewater enters a series of bag filters (#160), for efficiently removing particles larger than the pore size of the filters, a tertiary tank (#170) for pathogen elimination, and further to additional bag filters (#180) and microfilter (#185), for removing particles of smaller sizes such as micron sized particles. The through-flow stream of wastewater is recirculated back into a tertiary tank (#170) via a recirculation line (#187) after passing through the microfilter (#185) (see paragraphs [0032]-[0033] and [0037]-[0039]). This is considered equivalent to a water cleaning system in fluid connection with the second water tank to separate the nutrient and water and including a physical filtration system to thoroughly clean the water before recycling the substantially clean water, either recirculating within the body processing apparatus, or for another purpose, as claimed by the applicant.
Aboud further teaches the water treatment system (#100) further includes a backwash system (#210) for implementing a cleaning process in microfilters and nanofilters, i.e. bag filters. The backwash includes a fresh clean water tank and pumps to back wash the microfilters and nanofilters, i.e. bag filters, wherein a pump is used to pump fresh clean water from the water tank and permitted to dwell within the filters for a set time, and after the cleaning process is complete, the dirty water and settled contaminants are carried to a backwash tank and pumped to a discharged drum (#130). The solid waste in the discharged drum (#130) is removed and tested and the solids removed from the purified water can be collected (see paragraphs [0045]-[0046]). Since the solids removed from the purified water can be collected, it is considered reasonably obvious, absent evidence to the contrary, to collect the solids removed from the system and give them to the family, as claimed by the applicant.
Since Ross discloses that the liquid portion (digestion resultant material) can be saved, if useful for other purposes, it would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the body processing apparatus as disclosed by Ross by further including a water cleaning system in fluid connection with the second water tank to separate the nutrient and water and including a physical filtration system to thoroughly clean the water before recycling the substantially clean water, either recirculating within the body processing apparatus, or for another purpose, and having a back wash tank included for clean water used to back wash other parts of the system and a pump to be used to pump water from the back wash tank to back wash to a bag of a bag filtration system so a small amount of body nutrient may be removed from the system to the family, as claimed by the applicant, with a reasonable expectation of success, as Aboud teaches a water treatment system comprising an influent storage tank, i.e. first water tank holding water, and a primary tank, i.e. body processing chamber for processing the wastewater containing biological contaminants (e.g. dead human body tissue), wherein the primary tank also includes a base dosing system, such as a KOH dosing system used to adjust pH level in the primary tank which aid in the removal of non-soluble organic solids and liquid in the primary tank, wherein the waste treatment system further comprises a secondary tank, i.e. second water tank for receiving water from the body processing chamber, which receives wastewater after it has passed through the primary tank, and after passing through the secondary tank, wastewater enters a series of bag filters, for efficiently removing particles larger than the pore size of the filters, a tertiary tank for pathogen elimination, and further to additional bag filters and microfilter, for removing particles of smaller sizes such as micron sized particles and the through-flow stream of wastewater is recirculated back into a tertiary tank via a recirculation line after passing through the microfilter, and the water treatment system further includes a backwash system for implementing a cleaning process in microfilters and nanofilters, i.e. bag filters, wherein the backwash includes a fresh clean water tank and pumps to back wash the microfilters and nanofilters, i.e. bag filters, wherein the pump is used to pump fresh clean water from the water tank and permitted to dwell within the filters for a set time, and after the cleaning process is complete, the dirty water and settled contaminants are carried to a backwash tank and pumped to a discharged drum, wherein the solid waste in the discharged drum is removed and tested and the solids removed from the purified water can be collected, thereby obtaining cleaned and purified nutrient solids to collect for the family of the deceased human (see paragraphs [0045]-[0046]).
Claim 72 is rejected under 35 U.S.C. 103 as being unpatentable over Ross in view of Aboud and further in view of Gou et al. (CN109821862A, relied on machine translation, hereinafter Gou).
In regards to Claim 72, Ross in view of Aboud, discloses the body processing apparatus as recited in claim 71, but fails to disclose wherein a solar power system to provide power is included.
However, Gou teaches a human processing equipment in the funeral industry. The human processing equipment comprises a body processing chamber (cabin) for processing a human body by alkaline hydrolysis. After the human body is carried into the body processing chamber, the body processing chamber is closed and a PLC outputs power to a liquid dispensing device which automatically injects a required amount of alkaline chemical solution based by the weight of the body sensed a weight sensor device in the body processing chamber and transmits the data to the PLC. Further, the PLC controls five electric heating tubes to start heating the body processing chamber (cabin) of the hydrolysis cabin. After hydrolysis of the body is completed, the processed liquid is discharged into a liquid storage tank of post-processing equipment and further processing the residue and reaction liquid to meet emission standards (see figures 1-3 and paragraph [0017]).
Gou further teaches wherein the power input terminal of the PLC is connected to two poles of 220V AC power supply via a wire, the 380V AC power supply is connected to the PLC control power input terminal via a wire, and the sixteen control power output terminals of the PLC are connected to the parts of the processing equipment (e.g. pumps, valves, circulation and drainage device, rotating table, motor, weight sensor device, automatic liquid dispensing device etc.) (see figures 1-3 and paragraph [0025]).
Examiner notes that although Gou does not explicitly teach a solar power system to provide power is included, substituting a known power system for another known power system, such as a solar power system, as claimed by the applicant, is a mere engineering design choice in order to obtain a desired end-result, such as for saving money on electric bill utilities and lowering CO2 emissions and aligning with green burial practices, as is considered prima facie obvious, absent evidence to the criticality or new or unexpected results. See MPEP 2144.04.
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the body processing apparatus as disclosed by Ross, in view of Aboud, by having a solar power system included to provide power, as claimed by the applicant, with a reasonable expectation of success, as Gou teaches a human processing equipment in the funeral industry comprising a body processing chamber (cabin) for processing a human body by alkaline hydrolysis, wherein the human processing equipment is controlled by a PLC and the power input terminal of the PLC is connected to two poles of 220V AC power supply via a wire, the 380V AC power supply is connected to the PLC control power input terminal via a wire, and the sixteen control power output terminals of the PLC are connected to the parts of the processing equipment (e.g. pumps, valves, circulation and drainage device, rotating table, motor, weight sensor device, automatic liquid dispensing device etc.), and it is considered reasonably obvious to substitute a known power system for another known power system, such as a solar power system, since it is a mere engineering design choice in order to obtain a desired end-result, such as for saving money on electric bill utilities and lowering CO2 emissions and aligning with green burial practices, as it is considered prima facie obvious, absent evidence to the criticality or new or unexpected results. See MPEP 2144.04.
Claim 73 and 75 are rejected under 35 U.S.C. 103 as being unpatentable over Ross, in view of Aboud, and further in view of Wilson et al. (US Pat. Pub. No. 2013/0178687, hereinafter Wilson).
In regards to Claim 73, Ross in view of Aboud, discloses the body processing apparatus as recited in claim 71, but fails to disclose wherein a solar water heater system is included to provide hot water and water from the first tank can be used in the solar water heater system and heated before use for body processing in the chamber.
However, Wilson teaches a system for quickly and safely digesting human and animal tissue. The system comprises a tissue digester into which carcasses and/or cadavers may be easily loaded and the tissue digester processes human and animal tissue by alkaline hydrolysis (see paragraph [0039]). After the human cadaver is loaded into the digester, hot water is then introduced into the interior of the digester by means of interior piping and/or spray bars (see paragraph [0053]). Any human cadaver or animal tissue tends to reduce the temperature of the water initially, and therefore, the temperature of the hot water introduced into the digester is at 150ºF (see paragraph [0055]). Since the hot water is introduced into the digester at 150ºF, it is considered reasonably obvious, absent evidence to the contrary, that the water passes through a heater system to provide the hot water before it is being used for the human cadaver processing in the tissue digester.
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the body processing apparatus as disclosed by Ross, in view of Aboud, by having a solar water heater system included to provide hot water and water from the first tank can be used in the solar water heater system and heated before use for body processing in the chamber, as claimed by the applicant, with a reasonable expectation of success, as Wilson teaches a system for quickly and safely digesting human and animal tissue comprising a tissue digester into which carcasses and/or cadavers may be easily loaded and the tissue digester processes human and animal tissue by alkaline hydrolysis, wherein after the human cadaver is loaded into the digester, hot water is then introduced into the interior of the digester by means of interior piping and/or spray bars, whereby any human cadaver or animal tissue tends to reduce the temperature of the water initially, and therefore, the temperature of the hot water introduced into the digester is at 150ºF, and since the hot water is introduced into the digester at 150ºF, it is considered reasonably obvious, absent evidence to the contrary, that the water passes through a heater system to provide the hot water before it is being used for the human cadaver processing in the tissue digester, thereby speeding up the body processing process inside the chamber (see paragraphs [0053] and [0055]).
Examiner notes that although Wilson does not explicitly teach a solar water heater system to provide the hot water and water from the first tank can be used in the solar water heater system and heated before use for body processing in the chamber, substituting a known water heater system for another known water heater system, such as a solar water heater system, as claimed by the applicant, is a mere engineering design choice in order to obtain a desired end-result, such as for saving money on electric bill utilities and lowering CO2 emissions and aligning with green burial practices, as it is considered prima facie obvious, absent evidence to the criticality or new or unexpected results. See MPEP 2144.04.
In regards to Claim 75, Ross in view of Aboud, discloses the body processing apparatus as recited in claim 71, but fails to disclose wherein the first water tank is in fluid connection to a pump, to pump water into a solar heating system for heating before using in the body processing chamber.
However, Wilson teaches a system for quickly and safely digesting human and animal tissue. The system comprises a tissue digester into which carcasses and/or cadavers may be easily loaded and the tissue digester processes human and animal tissue by alkaline hydrolysis (see paragraph [0039]). After the human cadaver is loaded into the digester, hot water is then introduced into the interior of the digester by means of interior piping and/or spray bars (see paragraph [0053]). Any human cadaver or animal tissue tends to reduce the temperature of the water initially, and therefore, the temperature of the hot water introduced into the digester is at 150ºF (see paragraph [0055]). Since the hot water is introduced into the digester at 150ºF, it is considered reasonably obvious, absent evidence to the contrary, that the water passes through a heating system to provide the hot water before it is being used for the human cadaver processing in the tissue digester.
Examiner notes that although Wilson does not explicitly teach a pump connected to the first water tank to pump the clean water to the heating system, it is considered prima facie obvious to include a pump and connect it to the first water tank to pump the clean water to the heating system, in order to maintain a proper flow of water and/or adjust the flow of clean water to the heating system to further maintain efficiency in the body processing process, absent evidence to the contrary.
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the body processing apparatus as disclosed by Ross, in view of Aboud, by having the first water tank in connection to a pump, to pump clean water into a solar water heating system for heating before use in the body processing chamber, as claimed by the applicant, with a reasonable expectation of success, as Wilson teaches a system for quickly and safely digesting human and animal tissue comprising a tissue digester into which carcasses and/or cadavers may be easily loaded and the tissue digester processes human and animal tissue by alkaline hydrolysis, wherein after the human cadaver is loaded into the digester, hot water is then introduced into the interior of the digester by means of interior piping and/or spray bars, whereby any human cadaver or animal tissue tends to reduce the temperature of the water initially, and therefore, the temperature of the hot water introduced into the digester is at 150ºF, and since the hot water is introduced into the digester at 150ºF, it is considered reasonably obvious, absent evidence to the contrary, that the water passes through a heater system to provide the hot water before it is being used for the human cadaver processing in the tissue digester, thereby speeding up the body processing process inside the chamber (see paragraphs [0053] and [0055]).
Examiner notes that although Wilson does not explicitly teach a solar heating system for heating the clean water to provide the hot water for use in the body processing chamber, substituting a known water heater system for another known water heater system, such as a solar water heating system, as claimed by the applicant, is a mere engineering design choice in order to obtain a desired end-result, such as for saving money on electric bill utilities and lowering CO2 emissions and aligning with green burial practices, as it is considered prima facie obvious, absent evidence to the criticality or new or unexpected results. See MPEP 2144.04.
Claim 83 is rejected under 35 U.S.C. 103 as being unpatentable over Ross, in view of Aboud, and further in view of Hiatt et al. (WO2012/009462A2, hereinafter Hiatt).
In regards to Claim 83, Ross, in view of Aboud, discloses the body processing apparatus as recited in claim 71, but fails to disclose wherein the processing processes the body of a family member and a sediment pot is used in fluid connection with at least one part of the water cleaning system to remove a small volume of water and or nutrient (sediment) from the water for use for the family.
However, Hiatt teaches a system for digesting biodigestible feed, such as human and animal carcasses, wherein the biodigestible feed (#12) is introduced into a digestion zone (#24), and water and potassium hydroxide (#25) are added to the digestion zone for digesting the biodigestible feed (see paragraphs [0004, [0008], [0015]-[0016] and [0026]). The digested feed (#30 sludge), i.e. nutrient and water solution, flows from the digestion zone (#24) into a separation zone (#31), also referred to as a settler or clarifier, i.e. water cleaning system. The settler (#31) separates the sludge (#30) into a predominantly solid phase (#32) and a predominantly liquid phase (#34) and the solid phase (#32) is dried and the final product is a cake (#38), which can serve as a fertilizer to increase crops and flower yields. The cake (#38) can be bagged in a bagger (#40), i.e. sediment pot, yielding a bagged product (#40a) (see figure 1 and paragraphs [0052] and [0054]-[0055]).
It would been have obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the body processing apparatus as disclosed by Ross, in view of Aboud, by further having the processing processes to process the body of a family member and a sediment pot is used in fluid connection with at least one part of the water cleaning system to remove a small volume of water and or nutrient (sediment) from the water for use for the family, as claimed by the applicant, with a reasonable expectation of success, as Hiatt teaches a system for digesting biodigestible feed, such as human and animal carcasses, wherein the biodigestible feed introduced into a digestion zone, and water and potassium hydroxide are added to the digestion zone for digesting the biodigestible feed, whereby the digested feed, i.e. nutrient and water solution, flows from the digestion zone into a separation zone, also referred to as a settler or clarifier, i.e. water cleaning system, and the settler separates the sludge into a predominantly solid phase and a predominantly liquid phase and the solid phase is dried and the final product is a cake, which can serve as a fertilizer to increase crops and flower yields, and the cake can be bagged in a bagger, i.e. sediment pot, yielding a bagged product, thereby efficiently obtaining a final product which can be given to the family and be used for growing a plant (see figure 1 and paragraphs [0052] and [0054]-[0055]).
Claim 87 is rejected under 35 U.S.C. 103 as being unpatentable over Ross in view of Aboud and further in view of Sullivan, A. (US Pat. Pub. No. 2011/0130612, hereinafter Sullivan).
In regards to Claim 87, Ross, in view of Aboud, discloses the body processing apparatus as recited in claim 71, but fails to disclose wherein a water-soluble body bag is used to contain the body before processing.
However, Sullivan teaches an alkaline hydrolysis unit and method of using the same to dispose a cadaver. There is provided a coffin for use in an alkaline hydrolysis process, the coffin comprising a dissolvable receptacle for a cadaver, the dissolvable receptacle being dissolvable in the alkaline hydrolysis process. By “coffin”, it is means to mean any receptacle adapted to receive a cadaver, which may encompass cadaver receptacles such as bags and rigid/flexible containers, and substantially all of the dissolvable receptacle is decomposable in the alkaline hydrolysis process, together with the cadaver (see paragraphs [0001] and [0006]-[0008]). The coffin may comprise a flexible bag and may be made of a dissolvable starch based biopolymer, or may be bags made of silk or wool or other dissolvable materials (see paragraph [0020]). A cadaver is placed inside the coffin comprising the flexible bag with dissolvable material is placed in an alkaline hydrolysis unit to break down the cadaver into a fluid component and a bone residue component and to dissolve the dissolvable bag of the coffin by alkaline hydrolysis (see paragraphs [0054]-[0058]).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the body processing apparatus as disclosed by Ross, in view of Aboud, by including a water-soluble bag used to contain the body before processing, as claimed by the applicant, with a reasonable expectation of success, as Sullivan teaches an alkaline hydrolysis unit and method of using the same to dispose a cadaver, wherein a coffin for use in an alkaline hydrolysis process comprises a dissolvable receptacle for a cadaver, wherein by “coffin”, it is meant to include any receptacle adapted to receive a cadaver, which may encompass cadaver receptacles such as bags and rigid/flexible containers, and substantially all of the dissolvable receptacle is decomposable in the alkaline hydrolysis process, together with the cadaver, whereby the coffin may comprise a flexible bag and may be made of a dissolvable starch based biopolymer, or may be bags made of silk or wool or other dissolvable materials, and a cadaver is placed inside the coffin comprising the flexible bag with dissolvable material is placed in an alkaline hydrolysis unit to break down the cadaver into a fluid component and a bone residue component and to dissolve the dissolvable bag of the coffin by alkaline hydrolysis, thereby making the process more time-efficient since there is no need to clean and return any parts of the coffin for future use and allows more rapid emptying and cleaning of the alkaline hydrolysis unit (see paragraph [0014]).
Examiner’s Comments
Regarding Claim 88, no art rejection has been made for this claim. It has only been rejected under 35 USC 112(b) as explained in the above office action.
Conclusion
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/JELITZA M PEREZ/Primary Examiner, Art Unit 1774
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