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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/12/2026 has been entered.
Response to Amendment
Claims 1-18 pending in the Application. Claims 1-11 previously withdrawn. Claims 12-18 examined in the Application below.
In response to the amendment to the specification dated 3/12/2026, the previous objection to the drawings is withdrawn.
In response to the amendments to the claims, the previous rejections under 35 U.S.C. 112(b) are moot. However, new rejections under 35 U.S.C. 112(b) are introduced.
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
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.
Claims 12-18 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.
For purposes of examination on the merits, the claims, as best understood, are examined in the Action below.
RE Claim 12: As currently drafted, the claim recites the following: the “controller is configured to command the filling of the at least one mating cage with at least part of the population of newly emerged insects comprised in the at least one emergence chamber during a first time interval T1 by connecting the at least one door or hatch of the at least one mating cage with the at least one door or hatch of the at least one emergence chamber.”
It is unclear how the controller performs the recited function of connecting at least one door or hatch of the at least one mating cage with the at least one door or hatch of the at least one emergence chamber. For example, there is no recited connection of the controller to another device/component which receives or transmits data or instructions. There is also no recitation of an actuator. It is unclear how a controller alone could perform the recited functions.
Similarly, it is unclear how the controller is “configured to trigger at least partial opening of the at least one door or hatch of the at least one mating cage and to trigger at least partial opening the at least one door or hatch of the at least one emergence chamber when the at least one door or hatch of the at least one mating cage is connected with the at least one door or hatch of the at least one emergence chamber so that at least part of the population of newly emerged insects comprised in the at least one emergence chamber can enter the at least one mating cage” without connection to another device/component.
Similarly, it is unclear how “the controller is further configured to automatically close the at least one door or hatch of the at least one mating cage and to automatically close the at least one door or hatch of the at least one emergence chamber once a whished population has entered the at least one mating cage and/or after a predefined connection time” without connection to an actuation device, transmitter, receiver, or other device.
How does the controller alone perform these recited functions?
Claims 13-18 rejected under 35 U.S.C. 112(b) for being dependent on a rejected base claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
These documents present alternative designs similar in scope which illustrate relevant features in comparison to the Applicant’s submission. The cited prior art include various devices for rearing insects.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIA E GRABER whose telephone number is (571)272-4640. The examiner can normally be reached M-F 7:30-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy D Collins can be reached on 571-272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MARIA E GRABER/Examiner, Art Unit 3644
Prosecution Insights