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 .
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on 1/13/2025 and 8/28/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112(b)
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 7, 14 and 18 are 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.
Claims 7, 14 and 18 recite “the front region” and “the rear region”. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3-5, 7-8, 25-27 and 30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 2,284,187 to Crosby.
Regarding claim 1, Crosby discloses an urn carrier for a funeral vehicle having a casket compartment (the carrier in Crosby is capable of being used to carry an urn), the urn carrier comprising: an urn support (casket) configured to receive at least one urn (casket is capable of receiving an urn); and a movement element (17) configured to removably receive the urn support, the movement element being configured to move the urn support along a length of the casket compartment (Fig. 1).
Regarding claim 2, Crosby discloses wherein the urn support is movable between at least a stowed position (Fig. 1 – position of 17 in solid lines) and a ceremonial position (Fig. 1 – position of 17 in dotted lines, partially deployed out of door 14).
Regarding claim 3, Crosby discloses wherein the urn support is moveable between the stowed position (Fig. 1 – position of 17 in solid lines), a transport position (Fig. 1, with 17 moved slightly forward from solid lines (with door 14 closed)), a ceremonial position (Fig. 1 – position of 17 in dotted lines, partially deployed out of door 14), and an extended position (Fig. 1 – position of 17 in dashed lines, fully deployed out of door 14).
Regarding claim 4, Crosby discloses wherein when the urn carrier is in the transport position, the urn support is located in a front region of the funeral vehicle (Fig. 1 – with 17 moved slightly forward, 17 can be considered to be in a front region of the vehicle (the front region starts at the rear surface of 17 and extends to the front of the vehicle)).
Regarding claim 5, Crosby discloses wherein when the urn support is in the extended position, a portion of the urn support extends from a load door opening of the funeral vehicle (Fig. 1 – position of 17 in dashed lines, fully deployed out of door 14).
Regarding claim 7, Crosby discloses wherein when the urn support is in the stowed position, the urn support is located in the front region of the casket compartment and wherein when the urn support is in the ceremonial position, the urn support is located in the rear region of the casket compartment (for this claim only, the ceremonial position is Fig. 1, with 17 in solid lines (for example, the ceremony of driving to the gravesite),and the stowed position is in Fig. 1, with 17 slightly forward of the position shown in sold lines, with door 14 closed (17 is stowed within the vehicle); in this configuration, the urn support is in a front region for the stowed position and a rear region for the ceremonial position).
Regarding claim 8, Crosby discloses wherein when the urn carrier is in the ceremonial position, the urn support is located adjacent a load door of the funeral vehicle (Fig. 1 – position of 17 in dotted lines is adjacent to door 14; alternatively, 17 is adjacent to door 13 also in this position).
Regarding claim 25, Crosby discloses a method of handling an urn in a funeral vehicle having a casket compartment, comprising: providing an urn carrier, comprising: an urn support (casket) configured to receive at least one urn (casket is capable of receiving an urn); and a movement element (17) configured to removably receive the urn support, the movement element being configured to move the urn support along a length of the casket compartment (Fig. 1); and moving the urn support from a first position within the casket compartment (Fig. 1 – with 17 turned toward door 14, but not yet entering the doorway) to a second position (Fig. 1 – with 17 in position of solid lines) within the casket compartment.
Regarding claim 26, Crosby discloses wherein moving the urn carrier from the first position to the second position includes driving the movement of the urn carrier with at least one drive mechanism (35).
Regarding claim 27, Crosby discloses rotating the urn support in the movement between the first position and the second position (Figs. 1, 3; page 1, lines 1-6).
Regarding claim 30, Crosby discloses wherein the first position is a stowed position, or a transport position and the second position is a ceremonial position (the first position can be used for transport, and the second position can be used during the ceremony (for example when presenting the casket)).
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(s) 25-27 and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Crosby in view of US Patent 8,689,412 to Grover.
Regarding claim 25, Crosby discloses a method of handling an urn in a funeral vehicle having a casket compartment, comprising: providing an urn carrier, comprising: an urn support (casket) configured to receive at least one urn (casket is capable of receiving an urn); and a movement element (17) configured to removably receive the urn support, the movement element being configured to move the urn support along a length of the casket compartment (Fig. 1); and moving the urn support from a first position within the casket compartment (Fig. 1 – with 17 turned toward door 14, but not yet entering the doorway) to a second position (Fig. 1 – with 17 in position of solid lines) within the casket compartment. Although Crosby is capable of handling an urn, in the spirit of forming a rejection based not only on the claimed invention, but also based on the disclosed invention, Grover discloses a support (10) designed for an urn that is configured to receive at least one urn (28). It would have been obvious to one of ordinary skill to have used Grover’s urn carrier in Crosby’s hearse because it would allow the user to transport urns and small coffins securely, as taught by Grover (Col. 1, lines 21-28). In the combination, the urn carrier would be moved using the movement element from Crosby, as removing the urn and/or carrier from the vehicle would be easier from a deployed position.
Regarding claim 26, the combination from claim 25 discloses wherein moving the urn carrier from the first position to the second position includes driving the movement of the urn carrier with at least one drive mechanism (35 – Crosby).
Regarding claim 27, the combination from claim 25 discloses rotating the urn support in the movement between the first position and the second position (Crosby – Figs. 1, 3; page 1, lines 1-6).
Regarding claim 30, the combination from claim 25 discloses wherein the first position is a stowed position, or a transport position and the second position is a ceremonial position (the first position can be used for transport, and the second position can be used during the ceremony (for example when presenting the urn carrier)).
REJECTION BASED ON ALTERNATIVE INTERPRETATION OF CROSBY
Claim(s) 1-2, 6 and 9-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Crosby.
Regarding claim 1, Crosby discloses an urn carrier for a funeral vehicle having a casket compartment (the carrier in Crosby is capable of being used to carry an urn), the urn carrier comprising: an urn support (17) configured to receive at least one urn (17 is capable of receiving an urn); and a movement element (Fig. 3) configured to receive the urn support, the movement element being configured to move the urn support along a length of the casket compartment (Fig. 1). Crosby fails to disclose whether the urn support is removable from the movement element. However, elsewhere, Crosby discloses using bolts to secure two parts together (page 5, right column, lines 60-62). It would have been obvious to one of ordinary skill to have used bolts to secure 17 and 20 together in Fig. 4 because the modification only involves a simple substitution of one known, equivalent fastening element for another to obtain predictable results. In the combination, the urn support is removable from the movement element (by removing the bolts).
Regarding claim 2, Crosby discloses wherein the urn support is movable between at least a stowed position (Fig. 1 – position of 17 in solid lines) and a ceremonial position (Fig. 1 – position of 17 in dotted lines, partially deployed out of door 14).
Regarding claim 6, Crosby discloses wherein when the urn support is in the stowed position, the funeral vehicle is configured to receive a casket within the casket compartment of the funeral vehicle (the vehicle is capable of receiving a casket as claimed).
Regarding claim 9, Crosby discloses wherein the urn carrier further comprises a sled operatively attached to the movement element, the sled being configured to removably receive the urn support (for this claim only, the sled is 17, and the movement element is everything else below 17 in Fig. 4).
Regarding claim 10, Crosby discloses wherein the movement element comprises at least one drive mechanism (Fig. 3).
Regarding claim 11, Crosby discloses wherein the at least one drive mechanism includes a linear drive (35) having a drive member (20), the urn support being attachable to the drive member (Fig. 4).
Regarding claim 12, Crosby discloses wherein the linear drive is located beneath a floor of the casket compartment of the funeral vehicle (page 2, left column, lines 4-8).
Regarding claim 13, Crosby discloses wherein the floor of the casket compartment includes a track slot (21) through which the drive member is configured to extend and along which the drive member is configured to travel.
Regarding claim 14, Crosby discloses wherein the track slot extends from the front region of the casket compartment to the rear region of the casket compartment (Fig. 1).
Regarding claim 15, Crosby discloses wherein the at least one drive mechanism is configured to rotate the urn support as the urn support is moved between at least the stowed position and the ceremonial position (Figs. 1, 3; page 1, lines 1-6). Regarding claim 16, Crosby discloses A funeral vehicle including the urn carrier of claim 1.
REJECTION BASED ON HOUSER
Claim(s) 1 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 3,389,815 to Houser.
Regarding claim 1, Houser discloses an urn carrier for a funeral vehicle having a casket compartment (the carrier in Houser is capable of being used to carry an urn), the urn carrier comprising: an urn support (casket) configured to receive at least one urn (casket is capable of receiving an urn); and a movement element (48, 52, 10) configured to removably receive the urn support, the movement element being configured to move the urn support along a length of the casket compartment (via 36 moving screw shaft 30).
Regarding claim 16, Houser discloses a funeral vehicle including the urn carrier of claim 1.
Claim(s) 17-18 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Houser in view of DE 202012101577 (“DE ‘577”).
Regarding claim 17, Houser fails to disclose a partition. However, DE ‘577 discloses a movable partition movable between a retracted position (when stowed – English translation, page 2, lines 4-5) and a deployed position (when installed in the vehicle – Fig. 9). It would have been obvious to one of ordinary skill to have included a partition in the assembly because it would allow for both coffin and urn burials, as taught by DE ‘577 (English translation, page 2, line 3).
Regarding claim 18, the combination from claim 17 discloses wherein the movable partition separates the front region of the casket compartment from the rear region of the casket compartment when in the deployed position (DE ‘577, Fig. 9).
Regarding claim 22, the combination from claim 17 discloses wherein the movable partition comprises a plurality of panels (DE ‘577 Fig. 1 – 2, 3, 4) that are movable between a folded configuration (DE ‘577 Fig. 4) and an unfolded configuration (DE ‘577 Fig. 1), and wherein the plurality of panels is in the folded configuration when the movable partition is in the retracted position (when stowed in the case) and the plurality of panels is in the unfolded configuration when the movable partition is in the deployed position (Fig. 9).
REJECTION BASED ON HOUSER IN VIEW OF GROVER
Claim(s) 1 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Houser in view of Grover.
Regarding claim 1, Houser discloses an urn carrier for a funeral vehicle having a casket compartment, the urn carrier comprising: an urn support (casket) configured to receive at least one urn (casket is capable of receiving an urn); and a movement element (48, 52, 10) configured to removably receive the urn support, the movement element being configured to move the urn support along a length of the casket compartment (via 36 moving screw shaft 30). In the spirit of forming a rejection based not only on the claimed invention, but also based on the disclosed invention, Grover discloses a support (10) designed for an urn that is configured to receive at least one urn (28). It would have been obvious to one of ordinary skill to have used Grover’s urn carrier in Grover’s hearse because it would allow the user to transport urns and small coffins securely, as taught by Grover (Col. 1, lines 21-28). In the combination, the urn carrier would be moved using the movement element from Grover, as removing the urn and/or carrier from the vehicle would be easier from a deployed position. Modifications to secure a smaller casket/carrier would also be made.
Regarding claim 16, Houser discloses a funeral vehicle including the urn carrier of claim 1.
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Houser and Grover, further in view of US Patent 7,249,795 to Kellerman.
Regarding claim 24, the combination from claim 1 fails to disclose a storage compartment. However, Kellerman discloses a hearse that includes a storage compartment located in a cargo space of the funeral vehicle for storing items when they are not in use (Fig. 1). It would have been obvious to one of ordinary skill to have included a storage area for the urn carrier because it would provide a location to store the carrier when it is not in use where it will be readily accessible, as taught by Kellerman (Col. 1, lines 20-23).
Allowable Subject Matter
Claims 19-21, 23 and 28-29 are 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited references disclose configurations similar to that disclosed by applicant.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT T MCNURLEN whose telephone number is (313)446-4898. The examiner can normally be reached M-F 8am-5pm.
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/SCOTT T MCNURLEN/Primary Examiner, Art Unit 3734
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