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 “pot is provided with an engaging means for engaging with the chimney” in claim 6, and “wherein the chimney is provided with engaging means which engage with the engaging means on the pot” in claim 7, 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
Claim 3 is objected to because of the following informalities:
Claim 3 recites “wherein the chimney forms a generally cylindrical volume and generally cylindrical volume extends upwardly above the lid of the pot” and should be amended as follows: “wherein the chimney forms a generally cylindrical volume and the generally cylindrical volume extends upwardly above the lid of the pot”.
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 6-7, and 10 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.
Claim 6 recites “wherein the pot is provided with an engaging means for engaging with the chimney” which is indefinite, because it is unclear from the specification and drawings how the chimney is engaging with the pot, it appears to only be engaging with the lid.
Claim 7 recites “wherein the chimney is provided with engaging means which engage with the engaging means on the pot” which is indefinite, because it is unclear from the specification and drawings how the chimney is engaging with the pot, it appears to only be engaging with the lid.
Claim 10 recites “wherein the chimney and the lid are formed as a 1-piece arrangement” which is indefinite because claim 1 recites “wherein the chimney is received by the aperture” and it is unclear how the chimney is received by the aperture in the lid when the chimney and lid are a 1-piece arrangement.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3-6, 8-10, and 19, and 21-23 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Behling et al. (US 2021/0244015 A1), hereinafter Behling.
Regarding claim 1, Behling discloses a pot comprising a volume for rearing an insect (embodiment of fig. 5), comprising;
a body having walls (container 214, fig. 5) which define the volume for accommodating diet for the insect (the container provides the equivalent function),
a lid (lid 202, fig. 5), and
a chimney (cylindrical divider 230, fig. 5),
wherein the lid is provided with an aperture (insect port 206, fig. 5) and wherein the chimney is received by the aperture (as shown in fig. 5).
Regarding claim 3, Behling discloses the invention in claim 1, and further discloses wherein the chimney forms a generally cylindrical volume (see cylindrical divider 230 in fig. 5) and generally cylindrical volume extends upwardly above the lid of the pot (as shown in fig. 5, the cylindrical divider 230 extends upwardly above the lid 202 of the container 214).
Regarding claim 4, Behling discloses the invention in claim 1, and further discloses wherein the chimney has an elongate hollow body, but does not appear to specifically disclose wherein the chimney has a chimney volume between 200 μL and 700 μL.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the chimney volume of Behling to be between 200 μL and 700 μL, since it has been held that where routine testing and general experimental conditions are present, discovering the optimum or workable ranges until the desired effect is achieved involves only routine skill in the art. In re Aller, 105 USPQ 233. Such a modification would result in an apparatus which efficiently uses space, while also providing enough surface area/sustenance to support the contained insects.
Regarding claim 5, Behling discloses the invention in claim 1, and further discloses wherein the chimney is located centrally in the lid (as shown in fig. 5, the cylindrical divider 230 is located centrally in the lid 202).
Regarding claim 6, as best understood in light of the 112b rejection above, Behling discloses the invention in claim 1, and further discloses wherein the pot is provided with an engaging means for engaging with the chimney (as shown in fig. 5, there is a frictional engagement provided between the cylindrical divider 230 and the container 214).
Regarding claim 8, Behling discloses the invention in claim 1, and further discloses wherein the chimney is removably engageable with the pot (Para. [0043], “[a] cylindrical divider 230 slidably interfaces with the insect port 206 to move in an out of the lid 202”).
Regarding claim 9, Behling discloses the invention in claim 1, and further discloses wherein a portion of the lid, the chimney, or the pot is transparent (see cylindrical divider 230 in fig. 5).
Regarding claim 10, Behling discloses a pot comprising a volume for rearing an insect (embodiment of fig. 1), comprising;
a body having walls (container 114, fig. 2) which define the volume for accommodating diet for the insect (the container provides the equivalent function),
a lid (lid 102, fig. 2), and
a chimney (vertically extending portion of lid 102, fig. 2),
wherein the lid is provided with an aperture (single port 106, fig. 2) and wherein the chimney is received by the aperture (as shown in fig. 2); and further discloses wherein the chimney and the lid are formed as a 1-piece arrangement (as shown in fig. 2).
Regarding claim 19, Behling discloses a pot comprising a volume for rearing an insect, comprising (fig. 5);
a body having walls (see walls of container 214, fig. 5) which define the volume for accommodating diet for the insect (the container provides the equivalent function),
a lid (lid 202, fig. 5), and
a receiving member (cylindrical divider 230, fig. 5),
wherein the lid is provided with an aperture (insect port 206, fig. 5) and wherein the receiving member is received by the aperture (as shown in fig. 5).
Regarding claim 21, Behling discloses the invention in claim 19, and further discloses wherein the receiving member is removably engageable with the pot (Para. [0043], “[a] cylindrical divider 230 slidably interfaces with the insect port 206 to move in an out of the lid 202”).
Regarding claim 22, Behling discloses the invention in claim 19, and further discloses wherein a portion of the lid, the receiving member, or the pot is transparent (as shown in fig. 5, a portion of the cylindrical divider 230 is transparent).
Regarding claim 23, Behling discloses a pot comprising a volume for rearing an insect, comprising (embodiment of figs. 1 & 2);
a body having walls (see walls of container 114, fig. 2) which define the volume for accommodating diet for the insect (the container provides the equivalent function),
a lid (lid 102, fig. 2), and
a receiving member (vertically extending portion of lid 102, fig. 2),
wherein the lid is provided with an aperture (single port 106, fig. 2) and wherein the receiving member is received by the aperture (as shown in fig. 2); and further discloses wherein the receiving member and the lid are formed as a 1- piece arrangement (as shown in fig. 2).
Claim(s) 1, 6, and 7 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Schneidmiller (US 2009/0151228 A1).
Regarding claim 1, Schneidmiller discloses a pot comprising a volume for rearing an insect, comprising (chamber 110, fig. 2);
a body having walls (see walls of chamber 110, fig. 2) which define the volume for accommodating diet for the insect (the chamber provides the equivalent function),
a lid (lid 122, fig. 2), and
a chimney (upper cap portion 136, fig. 2),
wherein the lid is provided with an aperture and wherein the chimney is received by the aperture (as shown in fig. 2, the lid 122 is provided with a central aperture 124 and the upper cap portion 136 is received by the aperture).
Regarding claim 6, as best understood in light of the 112b rejection above, Schneidmiller discloses the invention in claim 1, and further discloses wherein the pot is provided with an engaging means for engaging with the chimney (Para. [0022], “[t]he lid 122 attaches to the top end 112 of the entrapment chamber 110, for example by threadable attachment or friction fit”).
Regarding claim 7, as best understood in light of the 112b rejection above, Schneidmiller discloses the invention in claim 6, and further discloses wherein the chimney is provided with engaging means which engage with the engaging means on the pot (Para. [0022], “[t]he attachment fixture 132 includes a plurality of vertical panels 134 (three in this embodiment) that extend through slots 125 in the lid 122 and lockingly engage the tapered guide 126 through attachment apertures 127, to hold the tapered guide 126 against the lid 122; as shown in fig. 2).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Behling et al. (US 2021/0244015 A1), hereinafter Behling.
Regarding claim 2, Behling discloses the invention in claim 1, but does not appear to specifically disclose wherein the volume of the pot is between 60 μL and 2 mL.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify volume of the pot of Behling to be between 60 μL and 2 mL, since it has been held that where routine testing and general experimental conditions are present, discovering the optimum or workable ranges until the desired effect is achieved involves only routine skill in the art. In re Aller, 105 USPQ 233. Such a modification would result in an apparatus which efficiently uses space, while also providing enough surface area/sustenance to support the contained insects.
Regarding claim 20, Behling discloses the invention in claim 19, but does not appear to specifically disclose wherein the volume of the pot is between 60 μL and 2 mL.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify volume of the pot of Behling to be between 60 μL and 2 mL, since it has been held that where routine testing and general experimental conditions are present, discovering the optimum or workable ranges until the desired effect is achieved involves only routine skill in the art. In re Aller, 105 USPQ 233. Such a modification would result in an apparatus which efficiently uses space, while also providing enough surface area/sustenance to support the contained insects.
Allowable Subject Matter
Claims 11-18 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 invention: see PTO 892.
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/N.A./Examiner, Art Unit 3647
/Christopher D Hutchens/Primary Examiner, Art Unit 3647
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