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 .
Response for Election/Restrictions
Applicant's election with traverse of Group I (claims 1-12) in the reply filed on 02/24/2026 is acknowledged. Non-elected Group II (claim 13) and Group III (claims 14-15) are withdrawn from consideration.
In the Remark, filed on 02/24/2026, the applicants argued: “…Applicant respectfully disagrees with the Examiner's assertion that Romanowski (US 6,092,301) is Relevant to the pending claims.
Indeed, Romanowski was cited as D2 in the International Search report and was not considered relevant in the Report.
Further, Applicant submits that Komanowski relates to the use of microwave combined with vacuum for tanning and drying animal hides while recovering undenatured
collagen and fat.
This is completely different and far removed from the present claims. This goal is different, the experimental setup is different, the use of vacuum is different and hence also the settings are different.
Moreover, Applicant notes that claims 13 and 14 are independent claims that combine several embodiments of the claims 2-12, but are now considered as distinct inventions.
Therefore, Applicant request that the Examiner consider and examine all the pending claims at this stage.…”.
The examiner’s response: the applicant’s argument is not persuasive. There would be a search burden. The method claim 1 would require searching at least class H05B6/707, but the method claims 13 and 14 would require searching at least class F23G2202/701 and F23G2204/203. Additionally, each method step in claims 1, 13 and/or 14 would require searching for the claimed steps and the respective search terms and strategies would be different each other. Furthermore, the Romanowski is relevant to the present application, because they are the same technical field of microwave.
The requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/14/2023 and 09/23/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The abstract of the disclosure is objected to because it should avoid using phases which can be implied, such as, “This disclosure concerns”, “The disclosure defined by this invention”, “This disclosure describes”, “is disclosed”, “are disclosed”, “the invention relates to” etc. Correction is required. See MPEP 608.01 (b).
In this case, the abstract filed on 04/14/2023, the phrase “invention relates to” should be avoided.
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. In this case, the present title is too long. See MPEP 606.01.
The following tittle is suggested:
--Method for combustion of a biological material--
Claim Objections
Claims 1-12 are objected to because of the following informalities:
In claim 1: "optionally" as cited in line 7, is a relative term, they should be removed.
In claim 6: "preferably" as cited in lines 3-4, are relative term, they should be removed.
In claim 10: "a human or animal body or body part and a container " as cited in lines 2-3, should be changed to --the human or animal body or body part and the container--.
In claim 11: "and/or" as cited in line 3 should be changed to --or--.
In claim 12: " a human body, an animal body, one or more human body parts, or one or more animal body parts, optionally in a container" as cited in lines 2-3, should be changed to --the human body, the animal body, one or more human body parts, or one or more animal body parts, in the container--.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of AIA 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under AIA 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 1-10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over George (GB2032596A) in view of Komanowsky (US 6092301).
Regarding claim 1, George discloses
A method for combustion of a biological material (coffin 3, fig.1) by means of microwave radiation (emitter 7, fig.1), said method comprising the steps of:
providing said biological material (coffin 3, fig.1) to be combusted and an apparatus (cremator 1, fig.1) comprising a chamber (cavity 5, fig.1) and a source of microwave radiation (emitter 7) in such a manner that said biological material (coffin 3) is present in said chamber (cavity 5); wherein the biological material (coffin 3) includes a human or animal body or body part, and optionally a container (coffin 3);
ii) directing microwave radiation (emitter 7) at a power from said source of microwave radiation (emitter 7) to said biological material (coffin 3) to directly heat and combust said biological material (coffin 3) in said chamber (cavity 5).
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However, George does not disclose directing microwave radiation at a power of at least 5 kW.
Komanowsky discloses a method for combustion of a biological material (coffin 3, fig.1) by means of microwave radiation [Col.4, lines 61-63 cited: “…commercial tanning drum that has been modified to permit the use of microwave energy and vacuum…”], said method comprising the steps of: directing microwave radiation at a power of at least 5 kW [Col.7, lines 17-18 cited: “…typical high power magnetron delivers 30 kW at 915 and is capable of evaporating 75 lb. of water per hour…”].
It would have been obvious to one of ordinary skill in the art at before the effective filling date of the invention to modify a method of George, with step directing microwave radiation at a power of at least 5 kW, as taught by Komanowsky, in order to provide evaporation of moisture inside the material "from the inside out" permitting it to retain its porosity (Komanowsky, Col.3, lines 7-9).
Regarding claim 2, George discloses
in step i) a microwave absorbing susceptor (wall 8, fig.1) [Page 1, lines 60-63 cited: “…walls of the desiccator are made of stainless steel or other suitable material…”, it is noted: “stainless steel” can be performed as “microwave absorbing susceptor”] is provided and wherein said biological material (coffin 3, fig.1) and said susceptor (wall 8) are present in said chamber (cavity 5, fig.1) such that said biological material (coffin 3) at least partly occludes said susceptor (wall 8) from microwave radiation (emitter 7, fig.1).
Regarding claim 3, George discloses
the source of microwave radiation (emitter 7, fig.1) is connected to at least one waveguide wherein a flow of gas (circulating fan 10, fig.1) is directed down the at least one waveguide during step ii).
Regarding claim 4, George does not disclose
the flow of gas has a flow rate of at least 10 litres per second per waveguide.
It would have been obvious to one of ordinary skill in the art at before the effective filling date of the invention to modify the flow of gas of George, has a flow rate of at least 10 litres per second per waveguide, as it well known in the art, in order to improve a process for combustion of a biological material.
Regarding claim 5, George discloses
the microwave radiation (emitter 7, fig.1) directed from said source of microwave radiation (emitter 7) to said biological material (coffin 3, fig.1) is of a single frequency (Page 1, lines 64-74).
Regarding claim 6, George discloses
the microwave radiation (emitter 7, fig.1) has a frequency between 1 MHz and 3 GHz (Page 1, lines 54-57), preferably between 100 MHz and 3 GHz, more preferably between 500 MHz and 1.5 GHz, most preferably between 700 MHz and 1.1 GHz (Page 1, lines 54-62).
Regarding claim 7, George discloses
the method comprising in step ii) a two-phase combustion process, wherein in a first phase of said combustion process said radiation (emitter 7, fig.1) directly heats said biological material (coffin 3, fig.1) to evaporate water from the biological material (coffin 3) and obtain a dried biological material (coffin 3) (Page 1, lines 64-70), and wherein in a second phase of said combustion process said radiation (emitter 7) directly heats the dried biological material to an ignition temperature, to combust said dried biological material (coffin 3) and obtain combusted biological material (coffin 3) (Page 1, lines 75-79).
Regarding claim 8, George discloses
the microwave radiation (emitter 7, fig.1) is applied from the beginning of step ii) at least until the point of ignition of said biological material (coffin 3, fig.1) (Page 1, lines 64-74).
Regarding claim 9, George discloses
the microwave radiation (emitter 7, fig.1) remains on during combustion (Page 1, lines 64-74).
Regarding claim 10, George discloses
the microwave radiation (emitter 7, fig.1) is switched off after ignition, wherein said biological material (coffin 3, fig.1) comprises the human or animal body or body part and the container (coffin 3, fig.1).
Regarding claim 12, George discloses
the biological material (coffin 3, fig.1) consists of a human body, an animal body, one or more human body parts, or one or more animal body parts, optionally in a container (coffin 3, fig.1).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over George (GB2032596A) in view of Komanowsky (US 6092301) further in view of Shinnaka et al. (US 20190194969 A1).
Regarding claim 11, George discloses substantially all the features as cited in the claim above, such as a biological material (emitter 7, fig.1) and a microwave radiation (emitter 7, fig.1).
However, George does not disclose a step of determining the starting weight of the biological material.
Shinnaka discloses a step of determining the starting weight (weight detector 9C, fig.1) of a biological material (object 1, fig.1) [Par.0067 cited: “…weight detector 9C may include, for example, a weight sensor configured to measure the weight of an object 1 in its transporting path…”].
It would have been obvious to one of ordinary skill in the art at before the effective filling date of the invention to modify the method of George, a step of determining the starting weight of a biological material, as taught by Shinnaka, in order to determine the energy level of the microwave radiation or the duration for direction of microwave radiation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUONG T NGUYEN whose telephone number is (571)270-1834. The examiner can normally be reached 9.00am-5.00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached on 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHUONG T NGUYEN/Primary Examiner, Art Unit 3761
03/08/2026