DETAILED ACTION
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 received on 4/19/2021 are entered as an improvement to the drawings.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "120L” and “126CL” have both been used to designate the intermediate wall and the container. 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. 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.
Specification
The specification amendment dated 12/29/2025 is entered.
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(s) 1, 2, 6, 7, 17, 18, 21, 31, 23, 24, 28, 30-32 is/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.
In regard to claim 1, 17, 23, the recitation “and hold one or more medicine injector pens” is indefinite for improperly reintroducing the already introduced medicine injector pens.
In regard to claim 6, the recitation is entirely redundant to the recitations of claim 1 and unclear what further structure is required thereby.
In regard to claims 30-32, the recitation, “the container body is cylindrical” is indefinite for being redundant to the recitation of the independent claim that already limits the container body with a circumferential outer wall and it is entirely unclear how claims 30-32 provide any further limitation not already present in the independent claims.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
All of the claims have been evaluated under the three-prong test set forth in MPEP § 2181, subsection I, and it is considered that none of the claim recitations should be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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, 2, 6, 7, 17, 18, 21, 23, 24, 28-30-32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Minamiyama (JP 2003-106728) (see translation included with action) in view of Merritt (US 5970719), and any one of Fritsch (US 5319937), Alexander (US 2016/0242598) hereafter Alexander (598), or Alexander (US 2020/0345180) hereafter Alexander (180).
In regard to independent claim(s) 1, 2, Minamiyama teaches a portable cooler (see whole document, including Fig. 4) container with active temperature control (page 4, para. 2) for one or more medicine injector pens (fully capable of cooling pens), comprising: a container body (holder 5) having a circumferential outer wall (outer cylindrical wall of 5) that extends between a proximal end (top) and a distal end (bottom end) having a base (7; page 4), the container body (5) including a vacuum insulated vessel (“vacuum heat insulating structure”, page 4; formed by 5a, 5b, Fig. 4) with a chamber (inside of holder, 17) configured to receive and hold the one or more medicine injector pens (see can hold bottle shaped container 2; page 4), the chamber (17) defined at least in part by an inner peripheral wall (5a) of the vacuum insulated vessel (vacuum heat insulating structure); and a temperature control system (see identifications below) disposed inside the container body (holder 5) comprising; one or more thermoelectric elements (23) disposed inside the container body (holder 5) in a channel (inside 42) laterally spaced from the vacuum insulated vessel (vacuum heat insulating structure), the one or more thermoelectric elements (23) being in thermal communication with at least a portion (at least part) of the chamber (17) via a heat sink (see portion near 23, 21, and bridge portion 36 in Fig. 4; hereafter “21, 36, and portion near 23”) disposed inside the container body (holder 5), the heat sink (21, 36, and portion near 23) having a first portion (portion near 23) disposed in the channel (inside 42) and in thermal communication with the one or more thermoelectric elements (23), a second portion (21) inside the vacuum insulated vessel (vacuum heat insulating structure) and in contact with the inner peripheral wall (5a), and a bridge portion (36) that interconnects the first portion (portion near 23) and the second portion (21) of the heat sink (21, 36, and portion near 23).
Minamiyama does not explicitly teach a lid operable to access the chamber (17). However, providing lids is routine and ordinary as taught by Merritt. Merritt teaches (see Fig. 2, 4a) a lid (23, column 6, line 15; 100, column 7, line 44) operable to access a chamber (31, 101) and it is plainly evident that providing a lid would increase the isolation of the items being cooled in the chamber and Merritt further teaches cooling containers including medicines (column 6, line 15-20). Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to modify Minamiyama with the lid of Merritt for the purpose of providing greater isolation from the environment and lower temperature refrigeration within the chamber to expand the applicability of the device of Minamiyama to provide temperature control to more situations including medicine pens.
Minamiyama teaches powering the TEC with a one or more power storage elements (page 5, “battery”), but does not explicitly teach circuitry configured to control the one or more thermoelectric elements to heat or cool at least the portion of the chamber to a predetermined temperature or temperature range.
However, providing circuitry, as claimed, is routine and ordinary as taught by Merritt. Merritt teaches providing one or more power storage elements (53) inside a housing (see figures), and circuitry (Fig. 7-8) configured to control one or more thermoelectric elements (3, 130, 157) to heat or cool (column 9) at least the portion of a chamber (101) to a predetermined temperature or temperature range (user selectable temperature settings, column 9, line 5-10). Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to modify Minamiyama with batteries in the container body for the purpose of providing increased portability with the container body mounted batteries to provide convenient power to the thermoelectric elements and to provide the circuitry configured to control one or more thermoelectric elements to heat or cool at least the portion of the chamber to a predetermined temperature or temperature range for the purpose of providing automatic temperature control for improved temperature operation.
Minamiyama does not explicitly teach that the second portion (21) of the heat sink (21, 36, and portion near 23) is longer than the first portion (near 23) of the heat sink (21, 36, and portion near 23) in a longitudinal direction of the vessel (vacuum heat insulating structure). However, official notice is taken that it is thermophysical fact that heat sinks transfer heat proportionally to the area of heat transfer and such basic facts are extremely well known. Further in viewing Figure 4 of Minamiyama, it is immediately apparent that extending the second portion (21) would increase the area of the second heat sink portion and therefor the amount of cooling that would be able to be provided to the object being cooled. Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to lengthen the second portion (21) of Minamiyama to be longer and extend over more of the area of the object being cooled so as to provide a greater area for heat transfer with the object being cooled.
Lastly, Minamiyama teaches that the first portion (near 23) of the heat sink (21, 36, and portion near 23) is in thermal communication with one side (left side) of the one or more thermoelectric elements (23) and a second heat sink (22, 26) in thermal communication with an opposite side (right side) of the one or more thermoelectric elements (23), and the heat sink (21, near 23, 36) and the second heat sink (22, 26) are at least partially housed in the channel (inside 42), but Minamiyama does not explicitly teach one or more air intake vents having one or more openings formed in a distal portion of the circumferential outer wall of the container body and one or more exhaust vents having one or more opening formed in a proximal portion of the circumferential outer wall of the container body, the air intake vents allowing air flow into the channel in a direction transverse to a length of the container body, and the exhaust vents allowing airflow out of the channel in a direction transverse to the length of the container body and one or more fans, as claimed in claims 1 and 2.
However, it is well known to lower traverse inlets and upper traverse outlets. For example, Fritsch teaches a thermoelectric cooler that has one or more air intake vents (46; Fig. 10) having one or more openings (column 4, line 48-49 “series of vent openings”, see plurality in Fig. 10) formed in a distal portion (lower portion) of an outer wall (outer wall of “back” column 4, line 51) of a container body (10) and one or more exhaust vents (column 4, line 52 “apertures”) having one or more opening (apertures) formed in a proximal portion (near the top) of the outer wall (outer wall of “back”) of the container body (10), the air intake vents (46) allowing air flow into a channel (vertical air path between 46 and 48) in a direction transverse (in and out of figure 10) to a length of the container body (10), and the exhaust vents (48) allowing airflow out of the channel (vertical air path between 46 and 48) in a direction transverse (in and out of figure 10) to the length of the container body (10) and one or more fans (column 4, line 56 “fan”).
Alternatively, Alexander (598) teaches (Fig. 10) one or more air intake vents (33a) having one or more openings (para. 76) formed in a distal portion (bottom portion) of a circumferential outer wall (301) of the container body (100I) and one or more exhaust vents (33b) having one or more opening (33b) formed in a proximal portion (top portion) of the circumferential outer wall (301) of the container body (100I), the air intake vents (33a) allowing air flow into a channel (at least 34I) in a direction transverse (perpendicular to vertical length of 34I) to a length (vertical length of 34I) of the container body (100I), and the exhaust vents (33b) allowing airflow out of the channel (34I) in a direction transverse (perpendicular to the vertical length of 34I) to the length (vertical length of 34I) of the container body (100I). Additionally, official notice is taken that providing at least one fan to a channel is routine and ordinary for providing increased cooling airflow.
Alternatively, Alexander (180) teaches (Fig. 8-9) one or more air intake vents (lower inlet) having one or more openings (see figs) formed in a distal portion (bottom portion) of an outer wall (see lateral wall in Figs.) of the container body (100D) and one or more exhaust vents (top outlet) having one or more opening (see figs) formed in a proximal portion (top portion) of the circumferential outer wall (lateral wall) of the container body (100D), the air intake vents (lower inlet) allowing air flow into a channel (see air flow path) in a direction transverse (perpendicular to vertical airflow path) to a length (vertical length of 50D) of the container body (100D), and the exhaust vents (top outlet) allowing airflow out of the channel (airflow path) in a direction transverse (perpendicular to the vertical airflow path) to the length (vertical length of 34I) of the container body (100D); and at least one fan (“cooling fan” 56, para. 25) in the channel (path for air of 50D). Additionally, official notice is taken that providing at least one fan to a channel is routine and ordinary for providing increased cooling airflow.
Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to modify the channel (inside 42) of the container body (holder 5) of Minamiyama with a fan for the purpose of providing greater heat rejection than can be provided by simple natural convection and to further modify the airflow channel of Minamiyama with the transverse intake vents and exhaust vents of either Fritsch, Alexander (598), and/or Alexander (180) for the purpose of redirecting the airflow sideways away from a user.
In regard to claim 6, Minamiyama, as modified, teaches that the one or more fans (of Fritsch, Alexander (598), Alexander (180) above) in the channel (inside 42) are operable to drawn the air through the one or more air intake vents (of Fritcsch, Alexander (598), Alexander (180) above), to flow said air over the second heat sink (22, 26) to dissipate heat from the second heat sink (22, 26), and to then flow said air through the one or more exhaust vents
In regard to claim 7, Minamiyama, as modified, teaches that the first portion (near 23) and the second portion (21) of the heat sink (21, 36, and portion near 23) extend substantially parallel (up and down in fig. 4) to each other, and wherein the bridge portion (36) extends substantially perpendicular (substantially left to right) to the first portion (near 23) and the second portion (21) of the heat sink (21, 36, and portion near 23).
In regard to claim 30, Minamiyama, as modified, teaches that the container body (holder 5) is cylindrical (see fig. 4).
In regard to independent claim(s) 17, 18, Minamiyama teaches a portable cooler (see whole document, including Fig. 4) container with active temperature control (page 4, para. 2) for one or more medicine injector pens (fully capable of cooling pens), comprising: a container body (holder 5) having a circumferential outer wall (outer cylindrical wall of 5) that extends between a proximal end (top) and a distal end (bottom end) having a base (7; page 4), the container body (5) including a vacuum insulated vessel (“vacuum heat insulating structure”, page 4; formed by 5a, 5b, Fig. 4) with a chamber (inside of holder, 17) configured to receive and hold the one or more medicine injector pens (see can hold bottle shaped container 2; page 4), the chamber (17) defined at least in part by an inner peripheral wall (5a) of the vacuum insulated vessel (vacuum heat insulating structure); and a temperature control system (see identifications below) disposed inside the container body (holder 5) comprising; one or more thermoelectric elements (23) disposed inside the container body (holder 5) in a channel (inside 42) laterally spaced from the vacuum insulated vessel (vacuum heat insulating structure), the one or more thermoelectric elements (23) being in thermal communication with at least a portion (at least part) of the chamber (17) via a heat sink (see portion near 23, 21, and bridge portion 36 in Fig. 4; hereafter “21, 36, and portion near 23”) disposed inside the container body (holder 5), the heat sink (21, 36, and portion near 23) having a first portion (portion near 23) disposed in the channel (inside 42) and in thermal communication with the one or more thermoelectric elements (23), a second portion (21) inside the vacuum insulated vessel (vacuum heat insulating structure) and in contact with the inner peripheral wall (5a), and a bridge portion (36) that interconnects the first portion (portion near 23) and the second portion (21) of the heat sink (21, 36, and portion near 23).
Minamiyama does not explicitly teach a lid operable to access the chamber (17). However, providing lids is routine and ordinary as taught by Merritt. Merritt teaches (see Fig. 2, 4a) a lid (23, column 6, line 15; 100, column 7, line 44) operable to access a chamber (31, 101) and teaches that such housing features permits cooling and heating containers including medicines (column 6, line 15-20). Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to modify Minamiyama with the lid of Merritt for the purpose of providing greater isolation from the environment and lower temperature refrigeration within the chamber to expand the applicability of the device of Minamiyama to provide temperature control to more situations including medicine pens.
Minamiyama teaches powering the TEC with a one or more power storage elements (page 5, “battery”), but does not explicitly teach circuitry configured to control the one or more thermoelectric elements to heat or cool at least the portion of the chamber to a predetermined temperature or temperature range; and one or more sensors configured to sense one or more parameters of the chamber and to communicate the sensed parameters to the circuitry.
However, providing circuitry and sensors, as claimed, is routine and ordinary as taught by Merritt. Merritt teaches providing one or more power storage elements (53) inside a housing (see figures), and circuitry (Fig. 7-8) configured to control one or more thermoelectric elements (3, 130, 157) to heat or cool (column 9) at least the portion of a chamber (101) to a predetermined temperature or temperature range (user selectable temperature settings, column 9, line 5-10); and one or more sensors (temperature sensor 143) configured to sense one or more parameters of the chamber (101, 161) and to communicate the sensed parameters (temperature sensed) to the circuitry (Fig. 7). Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to modify Minamiyama with batteries in the container body for the purpose of providing increased portability with the container body mounted batteries to provide convenient power to the thermoelectric elements and to provide the circuitry configured to control one or more thermoelectric elements to heat or cool at least the portion of the chamber to a predetermined temperature or temperature range and one or more sensors configured to sense one or more parameters of the chamber and to communicate the sensed parameters to the circuitry for the purpose of providing automatic temperature control for improved temperature operation to control temperatures sensed.
Minamiyama does not explicitly teach that the second portion (21) of the heat sink (21, 36, and portion near 23) is longer than the first portion (near 23) of the heat sink (21, 36, and portion near 23) in a longitudinal direction of the vessel (vacuum heat insulating structure). However, official notice is taken that it is extremely well known that heat sinks transfer heat proportionally to the area of heat transfer. Further in viewing Figure 4 of Minamiyama, it is immediately apparent that extending the second portion (21) would increase the area of the second heat sink portion and therefor the amount of cooling that would be able to be provided to the object being cooled. Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to lengthen the second portion (21) of Minamiyama to be longer and extend over more of the area of the object being cooled so as to provide a greater area for heat transfer with the object being cooled.
Lastly, Minamiyama teaches that the first portion (near 23) of the heat sink (21, 36, and portion near 23) is in thermal communication with one side (left side) of the one or more thermoelectric elements (23) and a second heat sink (22, 26) in thermal communication with an opposite side (right side) of the one or more thermoelectric elements (23), and the heat sink (21, near 23, 36) and the second heat sink (22, 26) are at least partially housed in the channel (inside 42), but Minamiyama does not explicitly teach one or more air intake vents having one or more openings formed in a distal portion of the circumferential outer wall of the container body and one or more exhaust vents having one or more opening formed in a proximal portion of the circumferential outer wall of the container body, the air intake vents allowing air flow into the channel in a direction transverse to a length of the container body, and the exhaust vents allowing airflow out of the channel in a direction transverse to the length of the container body and one or more fans, as claimed in claims 17 and 18.
However, it is well known to lower traverse inlets and upper traverse outlets. For example, Fritsch teaches a thermoelectric cooler that has one or more air intake vents (46; Fig. 10) having one or more openings (column 4, line 48-49 “series of vent openings”, see plurality in Fig. 10) formed in a distal portion (lower portion) of an outer wall (outer wall of “back” column 4, line 51) of a container body (10) and one or more exhaust vents (column 4, line 52 “apertures”) having one or more opening (apertures) formed in a proximal portion (near the top) of the outer wall (outer wall of “back”) of the container body (10), the air intake vents (46) allowing air flow into a channel (vertical air path between 46 and 48) in a direction transverse (in and out of figure 10) to a length of the container body (10), and the exhaust vents (48) allowing airflow out of the channel (vertical air path between 46 and 48) in a direction transverse (in and out of figure 10) to the length of the container body (10) and one or more fans (column 4, line 56 “fan”).
Alternatively, Alexander (598) teaches (Fig. 10) one or more air intake vents (33a) having one or more openings (para. 76) formed in a distal portion (bottom portion) of a circumferential outer wall (301) of the container body (100I) and one or more exhaust vents (33b) having one or more opening (33b) formed in a proximal portion (top portion) of the circumferential outer wall (301) of the container body (100I), the air intake vents (33a) allowing air flow into a channel (at least 34I) in a direction transverse (perpendicular to vertical length of 34I) to a length (vertical length of 34I) of the container body (100I), and the exhaust vents (33b) allowing airflow out of the channel (34I) in a direction transverse (perpendicular to the vertical length of 34I) to the length (vertical length of 34I) of the container body (100I). Additionally, official notice is taken that providing at least one fan to a channel is routine and ordinary for providing increased cooling airflow.
Alternatively, Alexander (180) teaches (Fig. 8-9) one or more air intake vents (lower inlet) having one or more openings (see figs) formed in a distal portion (bottom portion) of an outer wall (see lateral wall in Figs.) of the container body (100D) and one or more exhaust vents (top outlet) having one or more opening (see figs) formed in a proximal portion (top portion) of the circumferential outer wall (lateral wall) of the container body (100D), the air intake vents (lower inlet) allowing air flow into a channel (see air flow path) in a direction transverse (perpendicular to vertical airflow path) to a length (vertical length of 50D) of the container body (100D), and the exhaust vents (top outlet) allowing airflow out of the channel (airflow path) in a direction transverse (perpendicular to the vertical airflow path) to the length (vertical length of 34I) of the container body (100D); and at least one fan (“cooling fan” 56, para. 25) in the channel (path for air of 50D). Additionally, official notice is taken that providing at least one fan to a channel is routine and ordinary for providing increased cooling airflow.
Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to modify the channel (inside 42) of the container body (holder 5) of Minamiyama with a fan for the purpose of providing greater heat rejection than can be provided by simple natural convection and to further modify the airflow channel of Minamiyama with the transverse intake vents and exhaust vents of either Fritsch, Alexander (598), and/or Alexander (180) for the purpose of redirecting the airflow sideways away from a user.
In regard to claim 21, Minamiyama, as modified, teaches that the first portion (near 23) and the second portion (21) of the heat sink (21, 36, and portion near 23) extend substantially parallel (up and down in fig. 4) to each other, and wherein the bridge portion (36) extends substantially perpendicular (substantially left to right) to the first portion (near 23) and the second portion (21) of the heat sink (21, 36, and portion near 23).
In regard to claim 31, Minamiyama, as modified, teaches that the container body (holder 5) is cylindrical (see fig. 4).
In regard to independent claim(s) 23, 24, Minamiyama teaches a portable cooler (see whole document, including Fig. 4) container with active temperature control (page 4, para. 2) for one or more medicine injector pens (fully capable of cooling pens), comprising: a container body (holder 5) having a circumferential outer wall (outer cylindrical wall of 5) that extends between a proximal end (top) and a distal end (bottom end) having a base (7; page 4), the container body (5) including a vacuum insulated vessel (“vacuum heat insulating structure”, page 4; formed by 5a, 5b, Fig. 4) with a chamber (inside of holder, 17) configured to receive and hold the one or more medicine injector pens (see can hold bottle shaped container 2; page 4), the chamber (17) defined at least in part by an inner peripheral wall (5a) of the vacuum insulated vessel (vacuum heat insulating structure); and a temperature control system (see identifications below) disposed inside the container body (holder 5) comprising; one or more thermoelectric elements (23) disposed inside the container body (holder 5) in a channel (inside 42) laterally spaced from the vacuum insulated vessel (vacuum heat insulating structure), the one or more thermoelectric elements (23) being in thermal communication with at least a portion (at least part) of the chamber (17) via a heat sink (see portion near 23, 21, and bridge portion 36 in Fig. 4; hereafter “portion near 23, 21, and 36”) disposed inside the container body (holder 5), the heat sink (portion near 23, 21, and 36) having a first portion (portion near 23) disposed in the channel (inside 42) and in thermal communication with the one or more thermoelectric elements (23), a second portion (21) inside the vacuum insulated vessel (vacuum heat insulating structure) and in contact with the inner peripheral wall (5a), and a bridge portion (36) that interconnects the first portion (portion near 23) and the second portion (21) of the heat sink (portion near 23, 21, and 36).
Minamiyama does not explicitly teach a lid operable to access the chamber (17). However, providing lids is routine and ordinary as taught by Merritt. Merritt teaches (see Fig. 2, 4a) a lid (23, column 6, line 15; 100, column 7, line 44) operable to access a chamber (31, 101) and teaches that such housing features permits cooling and heating containers including medicines (column 6, line 15-20). Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to modify Minamiyama with the lid of Merritt for the purpose of providing greater isolation from the environment and lower temperature refrigeration within the chamber to expand the applicability of the device of Minamiyama to provide temperature control to more situations including medicine pens.
Minamiyama teaches powering the TEC with a one or more power storage elements (page 5, “battery”), but does not explicitly teach circuitry configured to control the one or more thermoelectric elements to heat or cool at least the portion of the chamber to a predetermined temperature or temperature range; and one or more sensors configured to sense one or more parameters of the chamber and to communicate the sensed parameters to the circuitry.
However, providing circuitry and sensors as claimed is routine and ordinary as taught by Merritt. Merritt teaches providing one or more power storage elements (53) inside a housing (see figures), and circuitry (Fig. 7-8) configured to control one or more thermoelectric elements (3, 130, 157) to heat or cool (column 9) at least the portion of a chamber (101) to a predetermined temperature or temperature range (user selectable temperature settings, column 9, line 5-10); and one or more sensors (temperature sensor 143) configured to sense one or more parameters of the chamber (101, 161) and to communicate the sensed parameters (temperature sensed) to the circuitry (Fig. 7). Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to modify Minamiyama with batteries in the container body for the purpose of providing increased portability with the container body mounted batteries to provide convenient power to the thermoelectric elements and to provide and the circuitry configured to control one or more thermoelectric elements to heat or cool at least the portion of the chamber to a predetermined temperature or temperature range and one or more sensors configured to sense one or more parameters of the chamber and to communicate the sensed parameters to the circuitry for the purpose of providing automatic temperature control for improved temperature operation to control temperatures sensed.
Minamiyama does not explicitly teach that the second portion (21) of the heat sink (portion near 23, 21, and 36) is longer than the first portion (near 23) of the heat sink (portion near 23, 21, and 36) in a longitudinal direction of the vessel (vacuum heat insulating structure). However, official notice is taken that it is extremely well known that heat sinks transfer heat proportionally to the area of heat transfer. Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to lengthen the second portion (21) of Minamiyama to be longer and extend over more of the area of the object being cooled so as to provide a greater area for heat transfer with the object being cooled. Further in viewing Figure 4 of Minamiyama and it is immediately apparent that extending the second portion would increase the area of the second heat sink portion and therefore the amount of cooling that would be able to be provided to the object being cooled.
Lastly, Minamiyama teaches that the first portion (near 23) of the heat sink (21, 36, and portion near 23) is in thermal communication with one side (left side) of the one or more thermoelectric elements (23) and a second heat sink (22, 26) in thermal communication with an opposite side (right side) of the one or more thermoelectric elements (23), and the heat sink (21, near 23, 36) and the second heat sink (22, 26) are at least partially housed in the channel (inside 42), but Minamiyama does not explicitly teach one or more air intake vents having one or more openings formed in a distal portion of the circumferential outer wall of the container body and one or more exhaust vents having one or more opening formed in a proximal portion of the circumferential outer wall of the container body, the air intake vents allowing air flow into the channel in a direction transverse to a length of the container body, and the exhaust vents allowing airflow out of the channel in a direction transverse to the length of the container body and one or more fans, as claimed in claims 1 and 2.
However, it is well known to lower traverse inlets and upper traverse outlets. For example, Fritsch teaches a thermoelectric cooler that has one or more air intake vents (46; Fig. 10) having one or more openings (column 4, line 48-49 “series of vent openings”, see plurality in Fig. 10) formed in a distal portion (lower portion) of an outer wall (outer wall of “back” column 4, line 51) of a container body (10) and one or more exhaust vents (column 4, line 52 “apertures”) having one or more opening (apertures) formed in a proximal portion (near the top) of the outer wall (outer wall of “back”) of the container body (10), the air intake vents (46) allowing air flow into a channel (vertical air path between 46 and 48) in a direction transverse (in and out of figure 10) to a length of the container body (10), and the exhaust vents (48) allowing airflow out of the channel (vertical air path between 46 and 48) in a direction transverse (in and out of figure 10) to the length of the container body (10) and one or more fans (column 4, line 56 “fan”).
Alternatively, Alexander (598) teaches (Fig. 10) one or more air intake vents (33a) having one or more openings (para. 76) formed in a distal portion (bottom portion) of a circumferential outer wall (301) of the container body (100I) and one or more exhaust vents (33b) having one or more opening (33b) formed in a proximal portion (top portion) of the circumferential outer wall (301) of the container body (100I), the air intake vents (33a) allowing air flow into a channel (at least 34I) in a direction transverse (perpendicular to vertical length of 34I) to a length (vertical length of 34I) of the container body (100I), and the exhaust vents (33b) allowing airflow out of the channel (34I) in a direction transverse (perpendicular to the vertical length of 34I) to the length (vertical length of 34I) of the container body (100I). Additionally, official notice is taken that providing at least one fan to a channel is routine and ordinary for providing increased cooling airflow.
Alternatively, Alexander (180) teaches (Fig. 8-9) one or more air intake vents (lower inlet) having one or more openings (see figs) formed in a distal portion (bottom portion) of an outer wall (see lateral wall in Figs.) of the container body (100D) and one or more exhaust vents (top outlet) having one or more opening (see figs) formed in a proximal portion (top portion) of the circumferential outer wall (lateral wall) of the container body (100D), the air intake vents (lower inlet) allowing air flow into a channel (see air flow path) in a direction transverse (perpendicular to vertical airflow path) to a length (vertical length of 50D) of the container body (100D), and the exhaust vents (top outlet) allowing airflow out of the channel (airflow path) in a direction transverse (perpendicular to the vertical airflow path) to the length (vertical length of 34I) of the container body (100D); and at least one fan (“cooling fan” 56, para. 25) in the channel (path for air of 50D). Additionally, official notice is taken that providing at least one fan to a channel is routine and ordinary for providing increased cooling airflow.
Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to modify the channel (inside 42) of the container body (holder 5) of Minamiyama with a fan for the purpose of providing greater heat rejection than can be provided by simple natural convection and to further modify the airflow channel of Minamiyama with the transverse intake vents and exhaust vents of either Fritsch, Alexander (598), and/or Alexander (180) for the purpose of redirecting the airflow sideways away from a user.
In rehearsed regard to claim 24, Minamiyama, as modified, teaches that the one or more fans (of Fritsch, Alexander (598), Alexander (180) above), the heat sink (21, 36, and portion near 23), the second heat sink (22, 26) are at least partially housed in the channel (inside 42) (see modification above where fan is provided in the channel of Minamiyama).
In regard to claim 28, Minamiyama, as modified, teaches that the first portion (21) and the second portion (21) of the heat sink (21, 36, and portion near 23) extend substantially parallel (up and down in fig. 4) to each other, and wherein the bridge portion (36) extends substantially perpendicular (substantially left to right) to the first portion (near 23) and the second portion (21) of the heat sink (21, 36, and portion near 23).
In regard to claim 32, Minamiyama, as modified, teaches that the container body (holder 5) is cylindrical (see fig. 4).
Response to Arguments
Applicant's arguments filed 4/29/2026 have been fully considered but they are not persuasive in view of the rejections above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN F PETTITT whose telephone number is (571)272-0771. The examiner can normally be reached on M-F, 9-5p. 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): http://www.uspto.gov/interviewpractice. The examiner’s supervisor, Frantz Jules can be reached on 571-272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOHN F PETTITT, III/Primary Examiner, Art Unit 3763
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