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 to Amendment
The amendments to the claims, in the submission dated 01/28/2026, are acknowledged and accepted. Claim 1 is amended. Claims 4 and 5 are cancelled by the applicant. Claims 1-3 are pending.
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.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Williamson US PGPub 2013/0067705 A1 (of record, see Office action dated 09/30/2025, hereinafter, “Williamson”) in view of Shinya US PGPub 2023/0052038 A1 (of record, see Office action dated 09/30/2025, hereinafter, “Shinya”) and Branda et al. US PGPub 2015/0109651 A1 (of record, see Office action dated 09/30/2025, hereinafter, “Branda”).
Regarding amended independent claim 1, Williamson discloses a casket (refer to title and abstract disclosing a casket system) comprising:
a base (Figs. 1-3 depict casket 10 with casket base 12, par. [0036]) and at least a top portion covering the base to enclose an interior of the casket (Figs. 1, 4, and 5, casket 10 includes casket cover 14, par. [0036], which when fitted together with at least casket base 12 forms an enclosed interior of a casket), and the top portion including at least one panel (Fig. 1, casket cover 14 includes upper section 24 and lower section 26, par. [0037], thereby disclosing at least one panel for the top portion of the casket 10) formed of a transparent polycarbonate material (Fig. 1, casket cover 14 may be transparent, par. [0048], and Williamson teaches the use of structural polymer such as polycarbonates for the casket, par. [0043]).
Williamson does not disclose the at least one panel further including a suspended particle devices composite film covering an exposed surface of the at least one panel, nor does Williamson disclose the suspended particle devices composite film normally being in an opaque state, and therefore does not disclose a bus bar connected to electrical conductors extending through the suspended particle devices composite film for applying electric current to the suspended particle devices composite film to cause the suspended particle devices composite film covering at least one panel to change from the normally opaque state to a transparent state and allowing the interior of the casket to be viewed from an exterior of the casket, nor does Williamson disclose a battery power source for supplying the electric current to the electrical conductors for direction through the suspended particle devices composite film, and an actuator switch operable to close an electrical circuit between the battery power source and the electrical conductors to thereby change the at least one panel and the suspended particle devices composite film from the normally opaque state to the transparent state, and the actuator switch being further operable to open the electrical circuit between the battery power source and the electrical conductors to interrupt current flow to the suspended particle devices composite film and thereby causing the suspended particle devices composite film and the at least one panel to change back to the normally opaque state.
In a different field of invention, Shinya discloses light modulation sheet 40, shown in at least Fig. 4 thereof, comprised of a suspended particle device composite film covering an exposed surface of a layer of transparent material (Fig. 4, light modulation sheet 40 is comprised of transparent substrates 41 and 43 and light modulation layer 42 which is a suspended particle device, pars. [0021-22], [0040], [0044], capable of modulating light transmittance); and electrical conductors (Figs. 1, 4, and 6, indium tin oxide (ITO) films 44 and 45 are electrically connected to a commercial power supply and conductive tape is bonded to ITO film 45 by conductive paste 46 to form an electrode portion, pars. [0024], [0047],equivalent to electrical conductors) extending through the suspended particle devices composite film (Fig. 6, electrical conductors of light modulation sheet 40 extend through ITO film 45, par. [0049]) for applying electric current to the suspended particle devices composite film to cause the at least one panel to change from a normally opaque state to a transparent state and allowing the interior of the casket to be viewed from an exterior of the casket (Fig. 6, shows the configuration of electrode portion of light modulation sheet 40, and application of voltage across ITO films 44 and 45 generates an electric field in light modulation layer 42, bringing layer 42 into a transparent state, allowing an object on one side of light modulation sheet 140 to be seen, par. [0028]). Shinya further discloses an actuator switch operable to close an electrical circuit between the battery power source and the electrical conductors to thereby change the at least one panel from the normally opaque state to the transparent state, and the actuator switch being further operable to open a circuit between the battery power source and the electrical conductors to interrupt current flow to the suspended particle devices composite film and thereby causing the at least one panel to change back to the normally opaque state (Shinya teaches light modulation sheet 40 is switchable between transparent and opaque states, pars. [0043], [0068], [0101], [0111], [0117], [0121], [0137], therefore Shinya must include a switch to actuate the system between voltage on and voltage off states for the light modulation sheet 40 to function as intended, and Shinya teaches light modulation sheet 40 is in the transparent state when an alternating voltages is fed, and is in the opaque state when the alternating voltage is not fed to the sheet 40, par. [0043], therefore Shinya discloses sheet 40 is in a normally opaque state when no voltage is applied to the sheet).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Shinya to the disclosure of Williamson and included a light modulation sheet, such as light modulation sheet 40 as taught by Shinya, to provide an adjustably transparent panel in casket cover 14 to permit or obscure the viewing of human remains resting in the casket by adjusting the voltage applied to the system that is opaque in a default state (Shinya, par. [0028]).
The prior art combination of Williamson in view of Shinya does not disclose a bus bar connected to electrical conductors extending through the suspended particle devices composite film nor a battery power source for supplying the electric current to the electrical conductors for direction through the suspended particle devices composite film (Shinya teaches power supply circuits 70 and 80, par. [0040], but does not specifically disclose a battery or batteries for supplying current to the suspended particle devices disclosed therein; however, a person of ordinary skill in the art would reasonably conclude that a battery as a power source for a casket would be a practical solution for a casket that can be moved and buried or interred).
In the same field of invention as Shinya, Branda discloses an optical filter with a variable transmittance layer (refer to at least title and abstract thereof) with a control circuit to switch the electrical voltage on or off from a power source such as a separate battery or power pack (par. [0135] thereof). Branda also teaches electrical leads 42 and 44 extend out one side of the laminated glass, shown in at least Fig. 9 thereof, and layers 24 and 26 are bonded around the periphery of the variable transmittance layer, encapsulating the variable transmittance layer 14, busbars 58a and 58b and a portion of the electrical leads 42 and 44 contacting busbars 58a and 58b forming a sealed optical filter (par. [0081] thereof).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Branda to the disclosure of Shinya and included a busbar, such as busbars 58 taught by Branda, and a battery to provide voltage for light modulation sheet 40, to provide a separate the power source for sheet 40 other than the AC line voltage supplied by a building electrical outlet (Branda, par. [0135]).
Regarding dependent claim 2, Williamson in view of Shinya and Branda discloses the casket as recited in Claim 1 and Shinya further discloses wherein the suspended particle devices composite film includes at least one indium tin oxide layer and at least one suspended particle devices film layer (Shinya Fig. 4, light modulation sheet 40 includes ITO film 45, par. [0047], and sheet 40 modulates light by the suspended particle device method, par. [0044]).
Regarding dependent claim 3, Williamson in view of Shinya and Branda discloses the casket as recited in Claim 2 and Shinya further discloses wherein the suspended particle devices film layer further includes a non-aqueous electrically resistive gel (the suspended particle device disclosed by Shinya as part of light modulation sheet 40 is equivalent to a gel, where Examiner understands a gel to be a substance that has a solid suspended in a liquid, a definition by which a suspended particle device would qualify as a gel, and the suspended particle device comprising light modulation sheet 40 of Shinya would exhibit electrical resistance, as all materials that are not superconducting have a non-zero level of electrical resistance, and because Shinya does not disclose the inclusion of water or hydrous substances in the device disclosed therein, the suspended particle device satisfies the limitation of being a non-aqueous electrically resistive gel) and a plurality of particles suspended in the gel (Shinya discloses a suspended particle device as part of light modulation sheet 40, therefore by definition the suspended particle device includes a plurality of particles suspended in a gel), and the plurality of particles normally being randomly arranged throughout the gel causing the at least one panel of the top portion to be in an opaque state to prevent viewing of the interior of the casket from an exterior of the casket, and the plurality of particles being influenced by the electric current applied to the suspended particle devices film to cause the plurality of particles to be aligned in the direction of the electric field created by the current passing through the indium tin oxide layer, and allowing light to pass through the suspended particle devices composite film to provide transparency to the at least one panel of the top portion of the casket (Shinya teaches the application of voltage across the ITO films 44 and 45 generates an electric field in light modulation layer 42 that brings light modulation sheet 40 into a transparent state by alignment of the light modulating particles parallel to the electric field, and when no electric field is present due to no voltage being applied to light modulation layer 42, the particles of light modulation sheet 40 absorb, scatter, and reflect light due to Brownian motion of the particles in the light modulating suspension, refer to pars. [0028-29] of Shinya, and Examiner notes that Brownian motion is random, therefore particles undergoing Brownian motion are inherently randomly arranged).
Response to Arguments
Applicant's arguments filed 01/28/2026 have been fully considered but they are not persuasive.
Applicant has argued that the prior art combination of Williamson, Shinya, and Branda does not disclose, teach, or suggest the invention as recited in amended independent claim 1. Specifically, Applicant argues that Williamson does not teach or suggest the ability or desire to selectively change the transparency of the transparent cover disclosed by Williamson, and that the secondary reference Shinya is taken from a different field of invention, and therefore without a specific teaching in Williamson for the selective changing of the transparency of the top portion of the casket, a person of ordinary skill would not look to Shinya for an adjustably transparent material. Examiner respectfully disagrees.
Per MPEP 904.01(c), “not only must the art be searched within which the invention claimed is classifiable, but also all analogous arts must be searched regardless of where the claimed invention is classified.” Thus, it is required for examiners to search related and analogous art, such as transparent materials in general and specifically in this case to search within the Cooperative Patent Classification G02F 1/169, where orientable non-spherical particles having a common optical characteristic, e.g., suspended particles of reflective metal flakes, which is one of the classifications assigned to the instant application.
Therefore, it was appropriate and required for the Examiner to search in the relevant related fields teaching selectively transparent materials, and as such, it is reasonable and appropriate for a person of ordinary skill in the art to look to the teachings of Shinya, which is also classified in G02F 1/169, as well as Branda which is classed in G02F 1/01 for devices for the control of the intensity, phase, polarization or color of light, to incorporate the functionality of a selectively adjustable transparent cover or plate into a casket.
In response to Applicant's argument that the Examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). In this case, all reasonings and motivations for the combinations made are drawn from the prior art and clearly provided in the Office action, and Examiner further notes that the prior art searched and cited was in the same classification as the instant invention, therefore a person of ordinary skill would necessarily look to the same prior art searched and cited by the Examiner.
No other substantial arguments were presented after page 6 of Remarks. As such, the prior art cited discloses the instant invention as currently claimed.
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 Justin W Hustoft whose telephone number is (571)272-4519. The examiner can normally be reached Monday - Friday 8:30 AM - 5:30 PM Eastern Time.
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/JUSTIN W. HUSTOFT/ Examiner, Art Unit 2872
/THOMAS K PHAM/ Supervisory Patent Examiner, Art Unit 2872