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 .
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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by McCoy et al. (US#5956825).
Regarding claim 1, McCoy discloses a funeral service container 10 comprising: a casket 20, the casket having a lid 40 hingedly connected thereto via at least one hinge located along one side 30 thereof (col. 7, lines 31-33), and the lid being hingedly movable to open and to close the casket; a box 25 residing in the casket, the box having top edges 68 thereof at “about the same” vertical height as top edges of the casket defining the top of the opening 50; and a frame 27 residing over and spanning the top edges of the casket and the box via portion 29 of the frame, thereby to cover the top edges thereof completely therearound the box and the casket (col. 7, lines 57-63), and wherein the lid retains the ability to open and to close while the frame remains in place.
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over McCoy et al. (US#5956825) in view of Bovard et al. (US#2005/0268440).
Regarding claim 3, although McCoy discloses the frame is decorative in appearance (col. 8, lines 17-31), McCoy fails to disclose a decorative cover on the frame. However, as evidenced by Bovard, such a configuration is known in the analogous art, see casket 10 wherein the frame 34a,36a thereof (upper edges of the casket defining a flange) includes a removable decorative cover 32 thereon (Figs 1-5). Therefore, as evidenced by Bovard, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify McCoy to include a removable decorative cover on the frame. The rational for supporting this conclusion of obviousness is the proposed combination is based upon combining prior art elements according to known methods to yield predictable results. Moreover, all the claimed elements are known in the prior art and one skilled in the art could combine the elements as claimed by known methods with no change in their respective functions, and the combination yield nothing more than predictable results to one of ordinary skill in the art (MPEP 2143 and KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007)). The inclusion of the removable decorative cover on the frame would enhance the aesthetic appeal of the container and allow for customization thereof.
Allowable Subject Matter
Claims 2 and 4 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 2, McCoy fails to disclose or suggest wherein the frame includes at least one cutout region that corresponds to the at least one hinge of the lid, to accommodate the opening and closing of the lid with the frame in place. McCoy teaches away from any such modification via its required T-shape (Fig. 4A).
Regarding claim 4, McCoy fails to disclose or suggest wherein the frame, in cross-section, has an inverted U-shape. McCoy teaches away from any such modification via its required T-shape (Fig. 4A).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
It is noted Hobstetter (US#2012/0084952) discloses a funeral service container 100 comprising: an outer skirt 108; and inner box 102; a lid 106’; and a frame 104 having an inverted U-shape (Fig. 5).
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.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (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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