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 .
Examiner Request
The applicant is requested to provide line numbers to each claim in all future claim submissions to aide in examination and communication with the applicant about claim recitations. The applicant is thanked for aiding examination.
Drawings
The drawings were received on 9/16/2025 and are an improvement but are not entered as they introduce new matter. The new matter not supported by the disclosure is the presence of a top portion of 126AL as depicted in fig. 22a. Further it does not appear that the second portion 210L2 is supported to be exterior of 126AL as shown, rather the original disclosure only appears to support that the second portion is interior of 126AL.
The introduction of this subject matter, while not claimed, still represents an entry of new matter into the application and is not permitted.
Therefore the former drawing objections remain:
The drawings dated 4/19/2021 are objected to because the claimed bridge portion is not labeled or identified in the drawings. 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.
The drawings dated 4/19/2021 are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “210L” in fig. 22B are directed at separate and different structures. Likewise, the applicant is requested to ensure that every reference number is unambiguously identifying each structure correctly. Other immediate problems appear to exist for 126BL which appears to point at 120L.
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 drawings dated 9/16/2025 are not presently accepted due to the inability to accept the drawings. But otherwise do not appear to introduce other issues.
Claim Interpretation
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, 7, 17, 18, 21, 30, 31 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).
In regard to independent claim 1, 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 an 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 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. 4a) a lid (100; column 7, line 44) operable to access a chamber (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 and 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 increased portability with the container mounted batteries and providing automatic temperature control for improved temperature operation.
Lastly, it is noted that while 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. See 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 therefor the amount of cooling that would be able to be provided to the object being cooled.
In regard to claim 7, Minamiyama, as modified, teaches that the first portion (near 23) and the second portion (21) of the heat sink (portion near 23, 21, and 36) 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 (portion near 23, 21, and 36).
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 17, 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 an 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 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. 4a) a lid (100; column 7, line 44) operable to access a chamber (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 and 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 increased portability with the container mounted batteries and providing automatic temperature control for improved temperature operation to control temperatures sensed.
Lastly, it is noted that while 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. See 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 therefor the amount of cooling that would be able to be provided to the object being cooled.
In regard to claim 18, Minamiyama, as modified, teaches most of the claim limitations, including that the first portion (near 23) of the heat sink (21, near 23, 36) 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).
In regard to claim 21, Minamiyama, as modified, teaches that the first portion (near 23) and the second portion (21) of the heat sink (portion near 23, 21, and 36) 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 (portion near 23, 21, and 36).
In regard to claim 31, Minamiyama, as modified, teaches that the container body (holder 5) is cylindrical (see fig. 4).
Claims 2, 6, 23, 24, 28, 29, 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 Komai (JP H07329548).
In regard to claim 2, Minamiyama, as modified, teaches most of the claim limitations, including that the first portion (near 23) of the heat sink (21, near 23, 36) 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 does not explicitly teach one or more fans as claimed. However, fans are routine and ordinary to provide higher heat exchange at a heat sink. Komai explicitly teaches a fan (22, 21) operable to draw air (into 13) through one or more air intake vents (see arrows) of a container body (10), to flow said air over a second heat sink (20) in thermal communication with one or more thermoelectric elements (18) to dissipate heat from the second heat sink (20), and to then flow said air through one or more exhaust vents (see arrows out) of the container body (10). Further, while Minamiyama taught that a fan was merely un-necessary in a beverage container cooling application, those of ordinary skill in the art would immediately recognize that in providing cooling where the containers need to be cooled to lower temperatures or otherwise require greater heat removal from the cooling chamber, 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 while maintaining a compact and portable unit.
In regard to claim 6, Minamiyama, as modified, teaches the one or more fans (21, 22 from Komai) in the channel (inside 42) are operable to draw air through one or more air intake vents (see 42a, arrows in) 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 (42a top).
In regard to independent claim 23, 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 an 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 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. 4a) a lid (100; column 7, line 44) operable to access a chamber (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 and 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 increased portability with the container mounted batteries and providing automatic temperature control for improved temperature operation to control temperatures sensed.
Minamiyama, as modified, teaches most of the claim limitations, including one or more air intake vents (42a bottom) of the container body (holder 5) to flow air over a second heat sink (22, 26) in thermal communication with the one or more thermoelectric elements (23) to dissipate heat from the second heat sink (22, 26), and to then flow said air through one or more exhaust vents (42a top) of the container body (holder 5), but does not explicitly teach one or more fans as claimed. However, fans are routine and ordinary to provide higher heat exchange at a heat sink. Komai explicitly teaches a fan (22, 21) operable to draw air (into 13) through one or more air intake vents (see arrows) of a container body (10), to flow said air over a second heat sink (20) in thermal communication with one or more thermoelectric elements (18) to dissipate heat from the second heat sink (20), and to then flow said air through one or more exhaust vents (see arrows out) of the container body (10). Further, while Minamiyama taught that a fan was merely un-necessary in a beverage container cooling application, those of ordinary skill in the art would immediately recognize that in providing cooling where the containers need to be cooled to lower temperatures or otherwise require greater heat removal from the cooling chamber, 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 while maintaining a compact and portable unit.
Lastly, it is noted that while 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. See 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 therefor the amount of cooling that would be able to be provided to the object being cooled.
In regard to claim 24, Minamiyama, as modified, teaches that the one or more fans (22, 21 from Komai), the heat sink (portion near 23, 21, and 36), 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 (portion near 23, 21, and 36) 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 (portion near 23, 21, and 36).
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 9/16/2025 have been fully considered but they are not persuasive in view of the rejection above and the remarks below.
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 extension fee 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 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
JFPIII
December 22, 2025