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 .
Drawings
New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because the most recent received drawings dated 07/12/2024 are marked up with bad formatting. Applicant is advised to employ the services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance.
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.
Claim 1 is 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.
Claim 1 recites the limitations "the deceased individual" in bullet d, lines 1-2, and “the underside” in bullet e, line 1. There is insufficient antecedent basis for these limitations in the claim.
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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Lewis (US Patent No. 9690960 B1), in view of Jett (US Patent No. 20190077561) and further in view of Raab (US Patent No. 20210156166).
In re claim 1, Lewis teaches A Contactless (CTLS) Communication device for use in memorial applications (Abstract: “A memorial data system is disclosed for providing information regarding an object. The memorial data system comprises a marker for identifying the object. A transponder circuit is coupled to the marker. A data is stored within the transponder circuit. A mobile electrical device transmits an electromagnetic field in close proximity to the transponder circuit.”), comprising:
a. A concave container (Col 8, lines 26-28: “FIGS. 9-13, illustrate the transponder circuit 60 being positioned within a plaque plate 180. The plaque plate 180 includes a front side 182 and a rear side 184.”), constructed from filament (Col 8, lines 42-43: “Alternatively, the plaque plate 180 may be constructed of a polymeric… or other rigid materials.”), configured to house electronic components (Col 8, lines 28-30: “A circuit recess 186 is in the rear side 184 of the plaque plate 180 for receiving the transponder circuit 60.”);
c. A CTLS chip and associated circuitry located within the container, said CTLS chip facilitating communication with external devices (Col 7, lines 17-20: “As best shown in FIGS. 6, 7, 10, 11 and 15, a transponder circuit 60 is coupled to the marker 30. The transponder circuit 60 may include a near field communications circuit 62 hereinafter referred to as NFC 62.”);
e. A heavy-duty mounting tape positioned on the underside of the container, said heavy- duty mounting tape being adhesive and suitable for secure attachment to tomb surfaces (Col 8, lines 30-33: “The rear side 184 of the plaque plate 180 is coupled to the marker 30. The rear side 184 of the plaque plate 180 is coupled to the marker 30 by an adhesive or a sealant material.”);
f. Said CTLS device, when attached to a tomb, enabling wireless communication of the stored memorial information to compatible devices within proximity, thereby providing a memorial tribute for the deceased individual (Col 7, lines 32-43: “As shown in FIGS. 2 and 3, a mobile electrical device 100 transmits an electromagnetic field 102 in close proximity to the transponder circuit 60. The mobile electrical device 100 may include mobile phone 104, tablet 106, mobile personal computer 108 or other electrical devices. The transponder circuit 60 receives the electromagnetic field 102 for powering the transponder circuit 60. The transponder circuit 60 thereafter transmits the data 70 wirelessly to the mobile electronic device 100. The mobile electronic device 100 utilizes the data 70 to access an electronic file 74 or webpage file 76 on a network 80. The electronic file 74 or webpage file 76 includes information 12 regarding the object 20.”).
Lewis fails to teach b. A clear resin glow in the dark oval topper housing a three-dimensional (3D) image placed inside said container; or single peel and stick glow in the dark key;
d. A data storage unit for storing memorial information related to the deceased individual.
However, Jett teaches b. A clear resin (Para [0038]: “In other embodiments, containers hereof include or are formed from thermoset and/or cross-linked polymeric materials (for example, acrylic resins, polyesters, epoxies, polyurethanes, cross-linked rubbers, etc.). ‘Glow in the dark’ material(s) may, for example, be added to a monomer or prepolymer mixture before polymerization and/or curing.”) glow in the dark oval topper (Paras [0051]-[0052]: “In a number of embodiments, ‘glow in the dark’ containers further include one or more translucent sections in the housing thereof (for example, windows, lids, panels, etc.). Translucent sections enable viewing into the container without having to open it. Translucent windows further allow the inside surfaces of a ‘glow in the dark’ container (which also include “glow in the dark” materials) to charge during the daytime and then glow in darkness, thus providing for illuminating the inside of the container in darkness.” “Translucent windows, lids, and/or other sections, in the housings of containers hereof be of any convenient size and shape (for example, rectangular, square, circular, oval, etc.). In a number of embodiments, one or more translucent sections may be incorporated into one or more sides or surfaces of a container (for example, in the lid, a side, a corner, the bottom, etc.). In other embodiments, the entire lid, side, or section of a glow in the dark container hereof may be translucent. A translucent section or portion of a container hereof may be made of any convenient material known to those skilled in the art, including translucent polymers, glass, and the like. The translucent section may, for example, be semitransparent or transparent.”) housing a three-dimensional (3D) image placed inside said container (Para [0072]: “A number of additional functionalities may also be added to ‘glow in the dark’ containers hereof. For example, ‘glow in the dark’ containers hereof may additionally include moveable/removable ‘glow in the dark’ elements, placards, range finders, sighting tools, secret compartments, clocks, dials, compasses, signs, straps, hooks, fasteners, openers, color charts, indicator markings, keypads, etc. that enable nighttime activities.”); or single peel and stick glow in the dark key (Para [0036]: “Coating, attaching or incorporating ‘glow in the dark’ material(s) on or within all or a desired portion of a container imparts a photo-luminescent or ‘glow in the dark’ character to the container. The ‘glow in the dark’ material can be applied via ‘glow in the dark’ paint, affixing a ‘glow in the dark’ tape, attaching ‘glow in the dark’ objects via straps and/or fasteners, etc.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lewis to incorporate the teachings of Jett to provide A clear resin glow in the dark oval topper housing a three-dimensional (3D) image placed inside said container; or single peel and stick glow in the dark key with the Memorial Data System of Lewis. Doing so enables a number of products and applications to incorporate “glow in the dark” materials, which glow in the dark objects can make nighttime activities safer and easier by providing lighting, as recognized by Jett (Para [0004]).
The combination fails to teach d. A data storage unit for storing memorial information related to the deceased individual.
However, Raab teaches d. A data storage unit for storing memorial information related to the deceased individual (Para [0044]: “In some embodiments, the computer-readable memory 352 comprises a passive RFID tag 358 adapted to signal data transfer between the RFID tag 358 and a DPD. The RFID tag 358 may comprise an HF tag, a UHF tag, an SHF tag, or other RFID tags known to those of skill in the art. The RFID tag 358 may be adapted or configured to transmit an EPC code comprises a number exclusively associated with the deceased, which number may be used for reference purposes on other computer networks or to retrieve information from a DBMS or RDBMS. The marker may comprise a plurality of RFID tags 358.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Lewis and Jett to further incorporate the teachings of Raab to provide A data storage unit for storing memorial information related to the deceased individual with the Memorial Data System of Lewis as modified by Jett. Doing so enables transmitting an EPC code number exclusively associated with the deceased, which number may be used for reference purposes on other computer networks or to retrieve information from a DBMS or RDBMS, as recognized by Raab (Para [0044]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US20110047893 teaches A data enhanced tombstone contains audio, video, or text of the deceased and means to communicate to an electronic user device reproducing the audio and visual images.
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/JAMES E MUNION/Examiner, Art Unit 2688 12/02/2025