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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the ozone generator (claims 9 and 19) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1, 7, 11, and 17 are objected to because of the following informalities:
Claim 1, line 1, before “body” insert --deceased--;
Claim 1, line 3, before both recitations of “body” insert --deceased--;
Claim 1, line 12, before both recitations of “body” insert --deceased--;
Claim 7, line 3, before “body” insert --deceased--;
Claim 7, line 4, before “body” insert --deceased--;
Claim 11, line 1, before “body” insert --deceased--;
Claim 11, line 2, before both recitations of “body” insert --deceased--;
Claim 11, line 10, before both recitations of “body” insert –deceased--;
Claim 17, line 3, before “body” insert --deceased--; and
Claim 17, line 4, before “body” insert --deceased--.
Appropriate correction is required.
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 1-20 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 1 and 11 are incomplete for failing to recite sufficient structure of the vessel, and/or sufficient structural cooperation between the box assembly and vessel, to enable the claimed function of the insect larvae exiting the vessel and entering the box assembly. It appears at least the orifice in the vessel must be claimed. See claims 2-4 and 12-14 for sufficient structure and/or structural cooperation.
Claims 2-10 and 12-20 are also rejected under 35 U.S.C. 112(b) as they depend from a rejected claim.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-8, 10, 11, 12, 13, 14, 15-18, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8, 9, 10, 11, 12, 13, 14-17, and 18, respectively, of U.S. Patent No. 12,311,419. Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 1 of the instant application and claim 1, lines 1-18, of the patent each disclose: a system for cremating a body, the system being situated in an environment whose conditions are controllable, the system comprising: a box assembly for storing the body or a portion of the body, the box assembly including: a box defining a box cavity within the box, a bottom end, a top end defining a box opening connected to the box cavity, and at least one side wall extending from the bottom end to the top end, and an air conditioner disposed in the box cavity and configured to control a temperature level or a humidity level in the box cavity when the air conditioner is in operation; and a vessel coupled to the at least one side wall of the box of the box assembly, wherein the vessel includes insect larvae that self-harvest, exit the vessel, and enter the box assembly to decompose the body or the portion of the body stored in the box assembly.
Claim 2 of the instant application reads on claim 2 of the patent, second orifice.
Claim 3 of the instant application reads on claim 3 of the patent, see claim 1, lines 19-20 of the patent, orifice.
Claim 4 of the instant application reads on claim 4 of the patent, see claim 1, lines 19-20, of the patent, orifice.
Claims 5-8 and 10 of the instant application are substantially identical and/or identical to claims 5-8 and 9, respectively, of the patent.
Claim 11 of the instant application and claim 10, lines 1-17 and 20-24, of the patent each disclose a system for cremating a body, the system comprising: a box assembly for storing the body or a portion of the body, the box assembly including: a box defining a box cavity within the box, a bottom end, a top end defining a box opening connected to the box cavity, and at least one side wall extending from the bottom end to the top end, and an air conditioner disposed within the box cavity and configured to control a temperature level or a humidity level in the box cavity when the air conditioner is in operation; a vessel coupled to the at least one side wall of the box of the box assembly, wherein the vessel includes insect larvae that self-harvest, exit the vessel, and enter the box assembly to decompose the body or the portion of the body stored in the box assembly; and a cover hingedly connected to or removably disposed onto the top end of the box of the box assembly, wherein the system is in an open state when the cover uncovers the box cavity of the box, and in a closed state when the cover covers the box cavity of the box.
Claim 12 of the instant application reads on claim 11 of the patent, second orifice.
Claim 13 of the instant application reads on claim 12 of the patent, see claim 10, lines 18-19 of the patent, orifice.
Claim 14 of the instant application reads on claim 13 of the patent, see claim 10, lines 18-19, of the patent, orifice.
Claims 15-18 and 20 of the instant application are substantially identical and/or identical to claims 14-17 and 18, respectively, of the patent.
Allowable Subject Matter
Upon filing an approved terminal disclaimer, 1-8, 10-18, and 20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 9 and 19 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1, Liu (US#2014/0298848) is representative of the related prior art and discloses a box assembly for storing the deceased body or a portion of the deceased body, the box assembly including: a box 11 defining a box cavity 21 within the box, a bottom end, a top end defining a box opening 20 connected to the box cavity, and at least one side wall extending from the bottom end to the top end, and an air conditioner 15 disposed in the box cavity and configured to control a temperature level or a humidity level in the box cavity via temperature and humidity controllers 122-123 when the air conditioner is in operation. However, Liu and the remaining prior art of record fails to disclose or suggest the collective following: a vessel coupled to the at least one side wall of the box of the box assembly, wherein the vessel includes insect larvae that self-harvest, exit the vessel, and enter the box assembly to decompose the deceased body or the portion of the deceased body stored in the box assembly. It would not have been obvious to one of ordinary skill in the art to modify Liu to cure this deficiency.
Claim 11 includes the allowable subject matter discussed above with respect to claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
It is noted Garrett (US#4773230) discloses a system for a deceased body, the system comprising: a box assembly for storing the body or a portion of the body, the box assembly including: a box 10 defining a box cavity 12 within the box, a bottom end 26, a top end 38, and at least one side wall 28,30,42,50 extending from the bottom end to the top end, and an air conditioner 18,20 disposed in the box cavity and configured to control a temperature level or a humidity level in the box cavity when the air conditioner is in operation; and an orifice 52 coupled to the at least one side wall of the box of the box assembly in communication with the box cavity and the body or the portion of the body stored in the box assembly.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM L MILLER whose telephone number is (571)272-7068. The examiner can normally be reached 9:30 - 6:00 PM.
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, Jason San can be reached on (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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WILLIAM L. MILLER
Primary Examiner
Art Unit 3677
/WILLIAM L MILLER/Primary Examiner, Art Unit 3677
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