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 .
Election/Restrictions
Applicant’s election without traverse of Group I, Claims 1-7, in the reply filed on 26 January 2026 is acknowledged.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5, 7 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gao et al. (US 2025/0019317), with provisional application US 63463313 filed 2 May 2023.
With regards to Claim 1 Gao teaches:
Compost chambers, part 2106, which reads on applicant's claimed chamber to receive food waste. (See Gao Fig. 25 and paragraphs 272-274, 289-295) An air inlet, part 2102, which comprises inlet fans (See Gao Paragraph 288). As seen in Fig. 25 of Gao the air flows from the air inlet through an ozone generation zone, part 2402, to the compost chamber, part 2106, then to an air-filter inlet, part 2410, then to an air filtration zone and active carbon, parts 2404 and 2414, then through an exhaust fan, part 2112, and out of the device. The air inlet pathway to the compost chamber which reads on applicant's claimed chamber having an inlet and the air outlet pathway from the compost chamber to the exhaust fan reads on applicant’s chamber having an outlet. The ozone lamp, part 2408 and ozone generation zone, part 2402, reads on applicant’s odor neutralizer coupled with the inlet via a first flow path. The ozone generated in the ozone generation zone, part 2402, reads on applicants claimed odor neutralizer to output particles to mitigate odor emitted from the food waste. The active carbon filter, part 2414, in the air filtration zone, part 2404, reads on applicant’s claimed filter coupled via a second flow path to filter remaining odor in the second flow path. (See Gao Fig. 25 and paragraphs 272-274, 289-295)
With regards to Claim 2 Gao teaches:
An air inlet, part 2102, which comprises inlet fans (See Gao Paragraph 288) arranged along the flow path from the air inlet to the compost chamber which reads on applicant's claimed first air flow path which draws air over the odor neutralizer, the ozone lamp and ozone generation zone, and then pushes air into the compost chamber, part 2106, to drive air through the chamber and out of the outlet to the filter. (See Gao Fig. 25 and paragraphs 272-274, 289-295)
With regards to Claim 3 Gao teaches:
The ozone lamp and ozone generation zone releases ozone particles into the air which has an odor neutralizing characteristic. (See Gao Paragraphs 280-284, 290-293)
With regards to Claim 4 Gao teaches:
A second pathway in which air flows from the compost chamber, part 2106, to an air-filter inlet, part 2410, then to an air filtration zone and active carbon, parts 2404 and 2414, which reads on applicant's claimed carbon filter then through an exhaust fan, part 2112, and out of the device. (See Gao Paragraphs 282-284, and 291-292)
With regards to Claim 5 Gao teaches:
A composting chamber, part 4810, which reads on applicant's claimed first housing forming the chamber, comprising a handle, part 5702, which allows the compost chamber to be removed from the composting apparatus, part 4800, (See Figures 48 and 57 and paragraphs 339-340, 354) which comprises a larger housing into which the composting chamber is fitted which reads on applicant's claimed second housing removably coupled with the first housing wherein the ozone-based or UV-based odor elimination part is a part of the inflow of air at the inflow 4812, the filter, part 4808, the first flow path and the second flow path are all a part of the second housing and the first flow path is separated from the second flow path by the first housing. (See Gao Fig. 25, 48, and 57 and Paragraphs 282-284, 291-292, 340, and 354)
With regards to Claim 7 Gao teaches:
The composting chamber, part 4810, is located on top of a base of the second housing which reads on applicant's claimed the first housing is above the second housing in a use mode of the device as the composting chamber is above a portion of the housing in which it is placed in a use mode of the device. (See Gao Fig. 25, 48, and 57 and Paragraphs 282-284, 291-292, 340, and 354)
Allowable Subject Matter
Claim 6 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Claim 6 requires that a lid is movably coupled with the first housing to allow access for depositing food waste in the chamber and that the inlet and outlet of the chamber for the air flow are formed in the lid. While Gao teaches the limitations of Claim 5 as detailed above, Gao does not teach that the airflow inlet and outlet of the chamber are formed in the lid, part 4802, which allows access to a hopper, part 4806, (See Gao Paragraph 339 and Fig. 48). The air flow of the inlet and outlet do not necessarily pass through the hopper. While the inlet is shown as being directed through the hopper in Fig. 25 of Gao, the outlet is shown as passing directly from the compost chamber. It would not have been obvious to one of ordinary skill in the art at the time of filing to rearrange the outgoing air flow from the compost chamber to pass back through the hopper and then form the air flows through the lid of the hopper as would be necessary to meet the limitations of the current claim 6. Such a modification would either bypass the hopper, which serves a distinct function from the compost chamber as taught by Gao, or would complicate the air flow in a way that would cause additional expense for no perceived benefit in the case of Gao. As such Claim 6 is not anticipated nor rendered obvious by Gao. Lee (US 2023/0125117) teaches a food waste dryer comprising an air inlet, part 63, which does not comprise the claimed odor neutralizer, located with an air outlet path on top of a chamber into which food waste to be dried is deposited. However, the chamber opens along a side, not along a top, and therefore it would be inaccurate to describe this top portion of the housing, part 10, of Lee as the lid of the chamber as claimed as the side opening door, part 20, is the portion which is actually moved and manipulated in order to allow food to be deposited into the drying chamber. Other applicable prior art which would anticipate or render obvious the claimed limitation could not be found.
Other Applicable Prior Art
All other art cited not detailed above in a rejection is considered relevant to at least some portion or feature of the current application and is cited for possible future use for reference. Applicant may find it useful to be familiar with all cited art for possible future rejections or discussion.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIT E ANBACHT whose telephone number is (571)272-9876. The examiner can normally be reached on M, T, R, F 11 am - 4 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Dieterle can be reached on (571) 270-7872. The fax phone number for the organization where this application or proceeding is assigned is 571-273-9876.
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/BRIT E. ANBACHT/Examiner, Art Unit 1776
BRIT E. ANBACHT
Examiner
Art Unit 1776