DETAILED ACTION
Claim Rejections - 35 USC § 103
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 12-15, 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Lubke (US 20250002424) in view of Brown (US 20030082796) and/or Timm (US 20060057711).
With respect to claim 12, Lubke discloses a system for composting human remains comprising a vessel (Figure 13:101) for receiving the human remains (Figure 8:5), a bulking agent mixture, and a compost solution. Paragraphs [0016]-[0021] and [0116]-[0121] teach that various combinations of bulking and liquid components are added as a substrate (Figure 3:2) into the vessel with the human remains. The vessel includes a floor, sidewalls and a lid, such that the lid (Figure 13:102) is disposed on top of the sidewalls for closing the human remains in the vessel. This is described in paragraphs [0135]-[0139]. Paragraphs [0040] and [0139]-[0140] teach that an opening and an outlet are additionally provided to circulate air through the vessel (“ For ventilation (supply of air or pure oxygen) of the composting container 10, a fan is for example installed in the closure element 102 or in the casing 1013 of the receiving element 101. The fan can either supply air from the surroundings, or pure oxygen which is provided via a corresponding gas line”). See also paragraph [0022]. Although implied, Lubke does not appear to expressly teach that an air opening is located on a lower part of the vessel at a height above the floor, and that the air inlet is in communication with an air outlet disposed in the vessel at a height at least equal to that of the air inlet.
Brown discloses a composting vessel comprising a floor, sidewalls and a cover. An air inlet opening (Figure 1:7, 8) is formed through the sidewall of the vessel to mix biomass with air. At least one air outlet opening is provided is provided at the top of the vessel and is in communication with a fan (Figure 1:9). This permits air from the opening and unpleasant odors created in the vessel to be withdrawn from the vessel. This is taught in paragraph [0041].
Timm discloses a composting vessel (Figure 1:3) comprising a floor, sidewalls and a cover. An air inlet opening is formed through the sidewall of the vessel to mix biomass with air. The air inlet opening is in communication with an air duct (Figure 1:2), pump (Figure 1:1) and delivery device (Figure 1:4) that resides above the floor of the vessel. Timm teaches in paragraph [0006] that the air inlet system prevents the creation of anaerobic conditions that generate obnoxious fumes and odors.
Before the effective filing date of the claimed invention, it would have been obvious to ensure that the Lubke vessel includes at least one air opening in a lower part of the vessel and at least one air outlet. Brown and Timm show that this is an effective configuration for promoting air flow evenly through the entire volume of biomass. This modification would have been especially relevant to the Lubke apparatus because Lubke directly discusses how it is necessary to deliver oxygen to microbes during the course of the decomposition process.
With respect to claims 13 and 14, Lubke, Brown and Timm disclose the combination as described above. As discussed above, Brown and Timm each describe the use of a pump and a tube to force air through the at least one opening of the vessel.
With respect to claim 15, Lubke, Brown and Timm disclose the combination as described above. Lubke further teaches in paragraph [0138] that a biofilter is arranged on the inside of the lid to bind odors. Paragraph [0117[ additionally mentions biochar as an odor absorption agent. Accordingly, it would have been obvious to provide the Lubke outlet with a charcoal filter to retard unpleasant odors in the vessel.
With respect to claim 18, Lubke, Brown and Timm disclose the combination as described above. Lubke states in paragraph [0086] that the vessel may be placed into a decorative shell.
With respect to claim 19, Lubke, Brown and Timm disclose the combination as described above. Lubke shows in Figs. 7 and 9 that selectively lockable wheels are disposed on each side of the vessel to allow the vessel to be moved to a desired location. Figs. 31-37 show a different kind of wheel assembly that allows the vessel and/or decorative shell to rotate and promote mixing.
Claims 16 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Lubke (US 20250002424) in view of Brown (US 20030082796) and/or Timm (US 20060057711) as applied to claim 12, and further in view of Hulls (US 20160102026) and Hallsten (US 6255102).
Lubke, Brown and Timm disclose the combination as described above. Lubke additionally teaches in paragraph [0138] that the vessel and lid may include a membrane or biofilter configured to prevent the escape of seepage water. It is unclear if this reads on the claimed nonpermeable membrane.
Hulls discloses a composting system comprising a vessel body and a lid. A tube (Figure 2:113,114) connects an opening of the vessel to a liner (Figure 2:112) and a gas permeable membrane (Figure 2:111) to enable aeration of the compostable material. This is taught in paragraph [0039].
Hallsten discloses a system in which compost is used as a biofilter. The compost (Figure 2:64) is supported within a vessel comprising a nonpermeable membrane (Figure 1:30). A tube (Figure 1:58) carrying air is in communication with an opening (Figure 1:60) formed in the nonpermeable membrane. This is taught in column 5, lines 49-65.
Before the effective filing date of the claimed invention, it would have been obvious to ensure that the Lubke system includes a nonpermeable membrane configured to prevent material in the vessel from leaking. Hulls and Hallsten both show how nonpermeable liners are typically used during composting operations to define a containment area, collect leachate, and facilitate material collection and cleanup when composting is completed. Hallsten specifically shows how an air delivery tube may communicate with an opening formed through the nonpermeable membrane. Because the Lubke vessel and lid are rotated during composting, it would have been obvious to extend the nonpermeable membrane across all vessel and lid surfaces.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Lubke (US 20250002424) in view of Brown (US 20030082796) and/or Timm (US 20060057711) as applied to claim 12, and further in view of McNelly (US 6627434).
Lubke, Brown and Timm disclose the combination as described above. Lubke further teaches in paragraph [0136] that a sealing member (Figure 31:109) locks the lid to the vessel. This sealing member, however, is not between the lid and the vessel.
McNelly discloses a compositing system comprising a vessel (Figure 3:20) and a lid (Figure 3:28), as well as aeration means (see Fig. 1). McNelly states in column 5, lines 47-57 that a sealing member (Figure 3:29) configured as a gasket is provided between the vessel and the lid.
Before the effective filing date of the claimed invention, it would have been obvious to position a gasket or other similar sealing member between the Lubke lid and vessel. As taught by McNelly, a gasket will “complete the seal” when used in combination with other locking mechanisms. Gaskets are well known in the art as being useful since they are compressible and allow for "less-than-perfect" mating surfaces on machine parts where they can fill irregularities.
Response to Arguments
In response to Applicant’s amendment filed 26 June 2026, a new ground of rejection is made in view of the combination of Lubke with Brown and/or Timm.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN ANDREW BOWERS whose telephone number is (571)272-8613. The examiner can normally be reached M-F 7am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Marcheschi can be reached at (571) 272-1374. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHAN A BOWERS/Primary Examiner, Art Unit 1799
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