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 § 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.
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.
Claims 1-3 and 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Losco (US 10,589,919) in view of Sichak (US 3,850,113).
Regarding claim 1, Losco (figs. 1-4) discloses a container 1 suitable for use in a shipment of a cargo by air, the container 1 comprising:
a container body having a top wall, a bottom wall, a front wall 5, a rear wall and oppositely disposed side walls, wherein the container body defines a cargo space within the container, and
a passive temperature control system located within the cargo space, the passive temperature control system comprising:
a plurality of insulation panels 4, wherein each of the plurality of insulation panels is connected to an inner surface of a corresponding wall of the container body, wherein the plurality of insulation panels 4 are exposed to the cargo space within the container,
a rack 3b having a top rack disposed proximate the top wall, a first side rack disposed proximate a first one of the oppositely disposed side walls, and a second side rack disposed proximate a second one of the oppositely disposed side walls, wherein the top rack, the first side rack and the second side rack are connected to each other at joined edge 32 to form a unitary structure that is inserted into the cargo space within the container (col. 3, lines 21-25);
wherein the top rack, the first side rack and the second side rack each include a plurality of tracks 71 that are parallel to each other with each pair of adjacent tracks defining a slot therebetween; and
a plurality of refrigerant bottles 7 filled with a thermal medium, wherein the plurality of refrigerant bottles 7 and the thermal medium are one of cooled and heated to a predetermined temperature for the cargo being shipped in the container and inserted into the slot of the rack 3b to passively maintain a cargo space temperature in the cargo space during the shipment of the cargo.
Losco fails to disclose a plurality of slats connecting the tracks 71 to maintain a spacing between the adjacent tracks 71.
However, Sichak teaches rails 6 mounted on a plurality of upright posts 4 provided on a side wall 2 (fig. 1 and col. 1, lines 64-66)
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to have mounted the tracks 71 of Losco, on a plurality of upright posts, as taught by Sichak to provide reinforcement.
Regarding claim 2, Losco further discloses the container body being fabricated as a structure that is a compliant unit load device (ULD) container meeting specified aviation authority structural requirements (col. 1, lines 15-20).
Regarding claim 3, Losco further discloses the container body comprising:
a pallet forming the bottom wall;
an outer enclosure 1a forming the top wall, the rear wall and the oppositely disposed side walls, wherein the outer enclosure 1a is mounted on the pallet; and
a door 5 forming the front wall, wherein the door is connected to one of the oppositely disposed side walls and rotatable between an open position and a closed position (figs. 1-2).
Regarding claim 11, the modified Losco further discloses for each of the top rack, the first side rack and the second side rack, a portion of the plurality of slats is disposed on and connected to each side of the plurality of tracks, and wherein, for each of the top rack, the first side rack and the second side rack, the plurality of tracks comprises:
a plurality of first tracks that are perpendicular to and connected to the plurality of
a plurality of second tracks that are perpendicular to and connected to the plurality of slats and are oriented with second track channels opening in a second direction , wherein the plurality of first tracks and the plurality of second tracks separate the plurality of slats on either side of the rack and are alternated so that each corresponding pair of a first track and a second track and corresponding portions of the plurality of slats define one of the plurality of slots of the rack (fig. 1 of Losco and fig. 1 of Sichak).
Regarding claim 12, Losco further discloses each of the plurality of insulation panels comprises: a vacuum insulated panel (VIP); and an outer covering (col. 1, lines 41-53). However, the modified Losco fails to disclose the outer covering being made of expanded polypropylene (EPP) foam.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed, to have made the outer covering of Losco of EPP foam, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 13, Losco (figs. 1-4) discloses a container suitable for use in a shipment of a cargo by air, the container comprising:
a container body 1 having a top wall, a bottom wall, a front wall, a rear wall and oppositely disposed side walls, wherein the container body defines a cargo space within the container, and wherein the container body is fabricated as a structure that is a compliant unit load device (ULD) container meeting specified aviation authority structural requirements; and
a passive temperature control system located within the cargo space, the passive temperature control system comprising a plurality of insulation panels 4 each connected to an inner surface of a corresponding wall of the container body wherein the plurality of insulation panels 4 are exposed to the cargo space within the container, rack 1b having a top rack disposed proximate the top wall, a first side rack disposed proximate a first one of the oppositely disposed side walls, and a second side rack disposed proximate a second one of the oppositely disposed side walls, wherein the top rack, the first side rack and the second side rack are connected to each other to form a unitary structure that is inserted into the cargo space within the container, wherein the top rack, the first side rack and the second side rack each include a plurality of tracks 71 that are parallel to each other with each pair of adjacent tracks defining a slot therebetween; and
a plurality of refrigerant bottles 7 filled with a thermal medium and received by slots of the top rack, the first side rack and the second side rack to passively maintain a cargo space temperature in the cargo space during the shipment of the cargo.
Losco fails to disclose the rack 1b comprising a plurality of slats connecting the tracks 71 to maintain a spacing between the adjacent tracks 71.
However, Sichak teaches rails 6 mounted on a plurality of upright posts 4 provided on a side wall 2 (fig. 1 and col. 1, lines 64-66)
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to have mounted the tracks 71 of Losco, on a plurality of upright posts, as taught by Sichak to provide reinforcement.
Regarding claim 14, Losco further discloses the container body comprising:
a pallet forming the bottom wall;
an outer enclosure 1a forming the top wall, the rear wall and the oppositely disposed side walls, wherein the outer enclosure 1a is mounted on the pallet; and
a door 5 forming the front wall, wherein the door is connected to one of the oppositely disposed side walls and rotatable between an open position and a closed position (figs. 1-2).
Claims 4 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Losco (US 10,589,919) in view of Sichak (US 3,850,113) as applied to claim 1 above, further in view of Hall (US 7,038,585).
Regarding claims 4 and 15, Losco further discloses a communication means (col.3, lines 49-67) but the modified Losco fails to disclose a telemetry system for transmitting data in real time to a remote processor.
However, Hall teaches a container having a monitoring unit 70 for a remote command center to monitor the GPS telemetry data (col. 11, lines 25-37).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to have provided the modified device of Losco, a telemetry system, for providing enhanced communications capability between a remote call center and the container as taught by Hall in col. 11, lines 21-37.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Losco (US 10,589,919) in view of Sichak (US 3,850,113) as applied to claim 1 above, further in view of Meyer (US 7,263,855).
Regarding claims 5-6, the modified Losco discloses all elements of the claimed invention except for:
baseplate having an upper metal sheet, a lower metal sheet and an internal core fabricated from a thermoplastic polymer and disposed between the upper metal sheet and the lower metal sheet, wherein the baseplate is disposed on top of a bottom insulation panel; and
wherein the thermoplastic polymer of the internal core is high density polyethylene (HDPE).
However, Meyer teaches a cargo container having the claimed baseplate 135 (fig. 5).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to have provided the modified device of Losco, a baseplate, as taught by Meyer, to provide more insulation.
Allowable Subject Matter
Claims 7- 9 and 21 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.
Response to Arguments
Applicant's arguments filed 12/30/25 have been fully considered but they are not persuasive.
Applicant argues that the rejections offer no evidence that the plates 3b require reinforcement for the rails 71 or that the side posts 4 are better suited than the plates 3b to support rails 71. This is not persuasive because a motivation to combine need not be explicitly disclosed in the cited references, but may be based on the knowledge of one of ordinary skill in the art. It is sufficient that the combination yields a predictable result using known elements of their known purpose. Vertical posts are well known structural supports used to increase rigidity in rail systems, and incorporating them into Losco would have been an obvious design choice to enhance support and provide reinforcement.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BLAINE GIRMA NEWAY whose telephone number is (571)270-5275. The examiner can normally be reached Monday - Friday 9:00 AM- 5:00PM.
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/BLAINE G NEWAY/Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735
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