Status of Claims
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This action is a non-final, first office action in response to the Applicant's Request for Continued Prosecution filed 5 September 2025.
Claims 1, 11, 23, and 29 have been amended.
Claim 11 was previously withdrawn.
Claims 1, 3-5, and 21-35 are currently pending and have been examined.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5 September 2025 has been entered.
Response to Arguments
Applicant's arguments filed 5 September 2025 with regards to McCormick teaching an insert have been fully considered but they are not persuasive.
With respect to the claims, the Applicant argues on pages 7 and 8 of their response:
The office action notes at page 7 that “Were the Applicant to further specifically define the insert in more specific terms, this rejection would require further consideration.” Applicant agrees that the references fail to provide an insert consistent with Applicant’s disclosure. Applicant amends independent claims 1, 23, and 29, and withdrawn independent claim 11 to further define the insert. Specifically, Applicant amends the claims to recite:
...an insert comprising a circular member with unitary structure and positioned in the recess, the recess conforming in shape to the insert,
wherein the insert defines a cavity shaped to receive an electronic device in the cavity,
wherein the electronic device is received into the cavity and is housed in the cavity...
(Claim 1, similarly claims 11, 23, and 29)
Thus, Applicant submits that the references fail to teach the aforementioned aspect of claims 1, 11, 23, and 29. Applicant requests that the rejection be withdrawn and the claims be allowed.”
The Examiner respectfully disagrees with the Applicant’s interpretation of the cited prior art of record and the broadest reasonable interpretation of the claimed invention. First, Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. In this case, the Applicant has merely referred to the claim amendments, however they have failed to explain how this differentiates from the cited prior art. Second, with regards to the cited prior art, McCormick shows in figure 1:
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McCormick additionally shows in figure 2:
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In this case, it is noted that McCormick has disclosed a lid (head 14) that goes over the insert (body 12), which is inserted into the dewar (container 18). With regards to the insert, it is noted that it fits into the cavity of the dewar (22), and is covered by the lid (14) as shown in figure 2. It is also noted that said insert has a cavity (cavity 70) for receiving electronic devices (60). Additionally, as shown here, the insert is circular, and unitary in form. It is noted that paragraph 28 additionally states, “The illustrated body 12 includes a bottom or first wall 38, a top or second wall 40, and one or more side walls 42 extending therebetween. A hollow portion 44 of the body 12 is defined between the first and second walls 38, 40 and within a perimeter formed by the one or more side walls 42, which is a single cylindrical side wall in this example. The body 12, including any or all of the walls 38-42, may be formed from a thermoplastic material.” As shown here, McCormick has shown here and in the included figures, the insert has been shown to be a circular body that has a single structure, and that is positioned in the recess of the lid, and that also stores an electronic device in a cavity of the insert which records information inside the dewar. Therefore, the Examiner maintains that this rejection is proper.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 3-5, and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Donlan et al. (US 2012/0235791 A1) (hereinafter Donlan), in view of Berger et al. (US 2009/0322510 A1) (hereinafter Berger), in view of Mullens (US 2002/0084277 A1) (hereinafter Mullens), and further in view of McCormick (US 2019/0063688 A1) (hereinafter McCormick).
With respect to claim 1, Donlan teaches:
One or more sensors positioned within the shipping container, the one or more sensors configured to measure or detect at least one parameter associated with the shipping container (See at least paragraphs 10, 13, 33, and 34 which describe attaching sensors internally and externally to a shipping container, where the sensors measure parameters associated with the shipping container).
An electronic device in communication with the one or more sensors, the electronic device configured to receive, store, and transmit the at least one parameter from the one or more sensors (See at least paragraphs 10, 29-33, and 53 which describe a monitoring device that communicates with the sensors, wherein the monitoring device stores status information and behavior profiles)
A web portal in communication with the electronic device, the web portal configured to receive the at least one parameter from the electronic device (See at least paragraphs 10, 29, 31, 33, and 38 which describe the monitoring device communicating with a remote operations center using wireless signals, wherein the device communicates and receives parameter information and behavior profiles).
The electronic device connected to the one or more sensors (See at least paragraphs 10, 29-33, and 53 which describe a monitoring device that communicates with the sensors, wherein the monitoring device stores status information and behavior profiles)
Donlan discloses all of the limitations of claim 1 as stated above. Donlan does not explicitly disclose the following, however Berger teaches:
A web portal in communication with the electronic device, the web portal configured to receive the at least one parameter from the electronic device and display the at least one parameter on a user interface (See at least paragraphs 246, 257, 390, 529-540 which describe a monitoring device attached to a shipping container, wherein the device receives measured parameter from sensors, communicates the measured parameters to a remote server using a wireless communications gateway, and wherein the information is presented on a remote user interface for a user).
It would have been obvious to one of ordinary skill in the art at the time of filing the claimed invention to combine the system and method of using sensors and a monitoring device to track parameters of a shipment during shipping, and storing and reporting the status information of Donlan, with the system and method of a monitoring device attached to a shipping container, wherein the device receives measured parameter from sensors, communicates the measured parameters to a remote server using a wireless communications gateway, and wherein the information is presented on a remote user interface for a user of Berger. By uploading measured information to a web portal and making it accessible to a remote user on a user interface, interested parties would be able to track shipments and its conditions, thus predictably ensuring shipments are shipped in accordance with agreements.
The combination of Donlan and Berger discloses all of the limitations of claim 1 as stated above. Donlan and Berger do not explicitly disclose the following, however Mullens teaches:
The shipping container having a dewar with a lid (See at least paragraphs 14, 110-112, and 114 which describe a shipping container that a dewar is placed in when shipping, wherein the dewar includes a cap to seal its interior cavity).
It would have been obvious to one of ordinary skill in the art at the time of filing the claimed invention to combine the system and method of using sensors and a monitoring device to track parameters of a shipment during shipping, and storing and reporting the status information of Donlan, with the system and method of a monitoring device attached to a shipping container, wherein the device receives measured parameter from sensors, communicates the measured parameters to a remote server using a wireless communications gateway, and wherein the information is presented on a remote user interface for a user of Berger, with the system and method of a shipping container that a dewar is placed in when shipping, wherein the dewar includes a cap to seal its interior cavity of Mullens. By including a dewar inside of a shipping container, wherein the dewar is sealed and monitored, a shipper will predictably be able to ship temperature sensitive materials, while also maintain security via an outer shipping container.
The combination of Donlan, Berger, and Mullens discloses all of the limitations of claim 1 as stated above. Donlan, Berger, and Mullens do not explicitly disclose the following, however McCormick teaches:
A dewar with a lid, the lid defining a recess in the lid, an insert comprising a circular member with unitary structure and positioned in the recess, the recess conforming in shape to the insert; Wherein the insert defines a cavity shaped to receive an electronic device in the cavity (See at least paragraphs 23, 28, 39, 40, 41, 47, and figures 1 and 2 which describe a dewar with a removable lid that covers an insert, wherein the insert fits under the lid and into the opening of the dewar, and wherein the insert is a circular shape and whole member).
Wherein the electronic device is received into the cavity and is housed in the cavity (See at least paragraphs 23, 28, 39, 40, 41, 47, and figures 1 and 2 which describe a dewar with a removable lid that includes an insert, wherein sensors and power sources are placed in the recesses of the insert, and wherein the recesses are shaped to fit the power devices and sensors).
It would have been obvious to one of ordinary skill in the art at the time of filing the claimed invention to combine the system and method of using sensors and a monitoring device to track parameters of a shipment during shipping, and storing and reporting the status information of Donlan, with the system and method of a monitoring device attached to a shipping container, wherein the device receives measured parameter from sensors, communicates the measured parameters to a remote server using a wireless communications gateway, and wherein the information is presented on a remote user interface for a user of Berger, with the system and method of a shipping container that a dewar is placed in when shipping, wherein the dewar includes a cap to seal its interior cavity of Mullens, with the system and method of a dewar with a removable lid that covers an insert, wherein the insert fits under the lid and into the opening of the dewar, wherein the insert is a circular shape and whole member, and wherein sensors and power sources are placed in the recesses of the insert, and wherein the recesses are shaped to fit the power devices and sensors of McCormick. By including the sensor equipment and power sources in the lid of a dewar, a shipper would predictably be able to monitor the interior of the dewar, while also having the sensor equipment outside of the sensitive area of the dewar interior.
With respect to claim 3, Donlan/Berger/Mullens/McCormick discloses all of the limitations of claim 1 as stated above. In addition, Donlan teaches:
Wherein the at least one parameter is at least one of shock endured by the shipping container or an orientation of the shipping container (See at least paragraph 13 which describe parameters measured using sensors, and wherein these include shock the container experiences during shipping).
With respect to claim 4, Donlan/Berger/Mullens/McCormick discloses all of the limitations of claim 1 as stated above. In addition, Donlan teaches:
Wherein the electronic device and the web portal communicate via a cellular connection (See at least paragraph 31 and 38 which describe the monitoring device and remote operations center communicating using cellular service).
With respect to claim 5, Donlan/Berger/Mullens/McCormick discloses all of the limitations of claim 1 as stated above. In addition, Donlan teaches:
Wherein the electronic device is a remote device configured to be removably attached to the shipping container (See at least paragraphs 30, 35, and 45 which describe the monitoring device and sensors as being removably attached to the shipping container).
With respect to claim 21, Donlan/Berger/Mullens/McCormick discloses all of the limitations of claim 1 as stated above. In addition, Donlan teaches:
Wherein the one or more sensors are positioned within a payload area of the shipping container, the payload area configured to receive a payload and maintain a temperature of an environment surrounding the payload, the at least one parameter being at least one of humidity and temperature within the payload area (See at least paragraphs 10, 13, 33, and 34 which describe the sensors as being both internal and external to a refrigerated shipping container, and wherein the sensors track the temperature and humidity of the interior).
Donlan discloses all of the limitations of claim 21 as stated above. Donlan does not explicitly disclose the following, however Mullens teaches:
Wherein the payload area configured to receive a payload and a cryogenic material and maintain a temperature of an environment surrounding the payload (See at least paragraphs 14, 15, 110, 114, and 115 which describe including cryogenic material into the payload area of the shipping container in order to maintain temperature of an environment surrounding the payload).
It would have been obvious to one of ordinary skill in the art at the time of filing the claimed invention to combine the system and method of using sensors and a monitoring device to track parameters of a shipment during shipping, and storing and reporting the status information of Donlan, with the system and method of a monitoring device attached to a shipping container, wherein the device receives measured parameter from sensors, communicates the measured parameters to a remote server using a wireless communications gateway, and wherein the information is presented on a remote user interface for a user of Berger, with the system and method of a shipping container that a dewar is placed in when shipping, wherein the dewar includes a cap to seal its interior cavity, and wherein cryogenic material is included in the cavity of Mullens, with the system and method of a dewar with a removable lid that covers an insert, wherein the insert fits under the lid and into the opening of the dewar, wherein the insert is a circular shape and whole member, and wherein sensors and power sources are placed in the recesses of the insert, and wherein the recesses are shaped to fit the power devices and sensors of McCormick. By allowing cryogenic material to be placed inside the shipping container in order to maintain a temperature window, a carrier can predictably ship temperature sensitive contents without damaging them, and thus increasing their capabilities as a carrier.
With respect to claim 22, Donlan/Berger/Mullens/McCormick discloses all of the limitations of claim 1 as stated above. In addition, McCormick teaches:
Wherein the insert attaches to the electronic device by snap-fitting (See at least paragraphs 40, 41, and 41 which describes the electronic device and lid as snap fitting).
It would have been obvious to one of ordinary skill in the art at the time of filing the claimed invention to combine the system and method of using sensors and a monitoring device to track parameters of a shipment during shipping, and storing and reporting the status information of Donlan, with the system and method of a monitoring device attached to a shipping container, wherein the device receives measured parameter from sensors, communicates the measured parameters to a remote server using a wireless communications gateway, and wherein the information is presented on a remote user interface for a user of Berger, with the system and method of a shipping container that a dewar is placed in when shipping, wherein the dewar includes a cap to seal its interior cavity of Mullens, with the system and method of a dewar with a removable lid that covers an insert, wherein the insert fits under the lid and into the opening of the dewar, wherein the insert is a circular shape and whole member, and wherein sensors and power sources are placed in the recesses of the insert, and wherein the recesses are shaped to fit the power devices and sensors of McCormick. By including snap fitting attaching, a shipper would predictably be able to quickly attach and remove components, thus allowing more flexibility when shipping items.
Claims 23-34 are rejected under 35 U.S.C. 103 as being unpatentable over Donlan, in view of Berger, and further in view of McCormick.
With respect to claim 23, the Donlan teaches:
One or more sensors positioned within the shipping container, the one or more sensors configured to measure or detect at least one parameter associated with the shipping container (See at least paragraphs 10, 13, 33, and 34 which describe attaching sensors internally and externally to a shipping container, where the sensors measure parameters associated with the shipping container).
An electronic device in communication with the one or more sensors, the electronic device configured to receive, store, and transmit the at least one parameter from the one or more sensors (See at least paragraphs 10, 29-33, and 53 which describe a monitoring device that communicates with the sensors, wherein the monitoring device stores status information and behavior profiles)
A web portal in communication with the electronic device, the web portal configured to receive the at least one parameter from the electronic device (See at least paragraphs 10, 29, 31, 33, and 38 which describe the monitoring device communicating with a remote operations center using wireless signals, wherein the device communicates and receives parameter information and behavior profiles).
The electronic device connected to the one or more sensors (See at least paragraphs 10, 29-33, and 53 which describe a monitoring device that communicates with the sensors, wherein the monitoring device stores status information and behavior profiles)
Donlan discloses all of the limitations of claim 23 as stated above. Donlan does not explicitly disclose the following, however Berger teaches:
A web portal in communication with the electronic device, the web portal configured to receive the at least one parameter from the electronic device and display the at least one parameter on a user interface (See at least paragraphs 246, 257, 390, 529-540 which describe a monitoring device attached to a shipping container, wherein the device receives measured parameter from sensors, communicates the measured parameters to a remote server using a wireless communications gateway, and wherein the information is presented on a remote user interface for a user).
It would have been obvious to one of ordinary skill in the art at the time of filing the claimed invention to combine the system and method of using sensors and a monitoring device to track parameters of a shipment during shipping, and storing and reporting the status information of Donlan, with the system and method of a monitoring device attached to a shipping container, wherein the device receives measured parameter from sensors, communicates the measured parameters to a remote server using a wireless communications gateway, and wherein the information is presented on a remote user interface for a user of Berger. By uploading measured information to a web portal and making it accessible to a remote user on a user interface, interested parties would be able to track shipments and its conditions, thus predictably ensuring shipments are shipped in accordance with agreements.
The combination of Donlan and Berger discloses all of the limitations of claim 23 as stated above. Donlan and Berger do not explicitly disclose the following, however McCormick teaches:
A dewar with a lid, the lid defining a recess in the lid, an insert comprising a circular member with unitary structure and positioned in the recess, the recess conforming in shape to the insert; Wherein the insert defines a cavity shaped to receive an electronic device in the cavity (See at least paragraphs 23, 28, 39, 40, 41, 47, and figures 1 and 2 which describe a dewar with a removable lid that covers an insert, wherein the insert fits under the lid and into the opening of the dewar, and wherein the insert is a circular shape and whole member).
Wherein the electronic device is received into the cavity and is housed in the cavity (See at least paragraphs 23, 28, 39, 40, 41, 47, and figures 1 and 2 which describe a dewar with a removable lid that includes an insert, wherein sensors and power sources are placed in the recesses of the insert, and wherein the recesses are shaped to fit the power devices and sensors).
It would have been obvious to one of ordinary skill in the art at the time of filing the claimed invention to combine the system and method of using sensors and a monitoring device to track parameters of a shipment during shipping, and storing and reporting the status information of Donlan, with the system and method of a monitoring device attached to a shipping container, wherein the device receives measured parameter from sensors, communicates the measured parameters to a remote server using a wireless communications gateway, and wherein the information is presented on a remote user interface for a user of Berger, with the system and method of a dewar with a removable lid that covers an insert, wherein the insert fits under the lid and into the opening of the dewar, wherein the insert is a circular shape and whole member, and wherein sensors and power sources are placed in the recesses of the insert, and wherein the recesses are shaped to fit the power devices and sensors of McCormick. By including the sensor equipment and power sources in the lid of a dewar, a shipper would predictably be able to monitor the interior of the dewar, while also having the sensor equipment outside of the sensitive area of the dewar interior.
With respect to claim 24, Donlan/Berger/McCormick discloses all of the limitations of claim 23 as stated above. In addition, Donlan teaches:
Wherein the at least one parameter is at least one of shock endured by the shipping container or an orientation of the shipping container (See at least paragraph 13 which describe parameters measured using sensors, and wherein these include shock the container experiences during shipping).
With respect to claim 25, Donlan/Berger/McCormick discloses all of the limitations of claim 23 as stated above. In addition, Donlan teaches:
Wherein the electronic device and the web portal communicate via a cellular connection (See at least paragraph 31 and 38 which describe the monitoring device and remote operations center communicating using cellular service).
With respect to claim 26, Donlan/Berger/McCormick discloses all of the limitations of claim 23 as stated above. In addition, Donlan teaches:
Wherein the electronic device is a remote device configured to be removably attached to the shipping container (See at least paragraphs 30, 35, and 45 which describe the monitoring device and sensors as being removably attached to the shipping container).
With respect to claim 27, Donlan/Berger/McCormick discloses all of the limitations of claim 23 as stated above. In addition, McCormick teaches:
Wherein the insert attaches to the electronic device by snap-fitting (See at least paragraphs 40, 41, and 41 which describes the electronic device and lid as snap fitting).
It would have been obvious to one of ordinary skill in the art at the time of filing the claimed invention to combine the system and method of using sensors and a monitoring device to track parameters of a shipment during shipping, and storing and reporting the status information of Donlan, with the system and method of a monitoring device attached to a shipping container, wherein the device receives measured parameter from sensors, communicates the measured parameters to a remote server using a wireless communications gateway, and wherein the information is presented on a remote user interface for a user of Berger, with the system and method of a dewar with a removable lid that covers an insert, wherein the insert fits under the lid and into the opening of the dewar, wherein the insert is a circular shape and whole member, and wherein sensors and power sources are placed in the recesses of the insert, and wherein the recesses are shaped to fit the power devices and sensors of McCormick. By including snap fitting attaching, a shipper would predictably be able to quickly attach and remove components, thus allowing more flexibility when shipping items.
With respect to claim 28, Donlan/Berger/McCormick discloses all of the limitations of claim 23 as stated above. In addition, Donlan teaches:
Wherein the one or more sensors are positioned within a payload area of the shipping container, the payload area configured to receive a payload and maintain a temperature of an environment surrounding the payload, the at least one parameter being at least one of humidity and temperature within the payload area (See at least paragraphs 10, 13, 33, and 34 which describe the sensors as being both internal and external to a refrigerated shipping container, and wherein the sensors track the temperature and humidity of the interior).
Donlan discloses all of the limitations of claim 28 as stated above. Donlan does not explicitly disclose the following, however McCormick teaches:
Wherein the payload area configured to receive a payload and a cryogenic material and maintain a temperature of an environment surrounding the payload (See at least paragraphs 15, 22, 24, 31, and 41 which describe including cryogenic material into the payload area of the dewar in order to maintain temperature of an environment surrounding the payload).
It would have been obvious to one of ordinary skill in the art at the time of filing the claimed invention to combine the system and method of using sensors and a monitoring device to track parameters of a shipment during shipping, and storing and reporting the status information of Donlan, with the system and method of a monitoring device attached to a shipping container, wherein the device receives measured parameter from sensors, communicates the measured parameters to a remote server using a wireless communications gateway, and wherein the information is presented on a remote user interface for a user of Berger, with the system and method of a dewar with a removable lid that covers an insert, wherein the insert fits under the lid and into the opening of the dewar, wherein the insert is a circular shape and whole member, and wherein sensors and power sources are placed in the recesses of the insert, wherein the recesses are shaped to fit the power devices and sensors, and wherein cryogenic material is provided into the payload are of McCormick. By allowing cryogenic material to be placed inside the shipping container in order to maintain a temperature window, a carrier can predictably ship temperature sensitive contents without damaging them, and thus increasing their capabilities as a carrier.
With respect to claim 29, the Donlan teaches:
One or more sensors positioned within the shipping container, the one or more sensors configured to measure or detect at least one parameter associated with a shipping container (See at least paragraphs 10, 13, 33, and 34 which describe attaching sensors internally and externally to a shipping container, where the sensors measure parameters associated with the shipping container).
An electronic device in communication with the one or more sensors, the electronic device configured to receive, store, and transmit the at least one parameter from the one or more sensors (See at least paragraphs 10, 29-33, and 53 which describe a monitoring device that communicates with the sensors, wherein the monitoring device stores status information and behavior profiles)
A web portal in communication with the electronic device, the web portal configured to receive the at least one parameter from the electronic device (See at least paragraphs 10, 29, 31, 33, and 38 which describe the monitoring device communicating with a remote operations center using wireless signals, wherein the device communicates and receives parameter information and behavior profiles).
The electronic device connected to the one or more sensors (See at least paragraphs 10, 29-33, and 53 which describe a monitoring device that communicates with the sensors, wherein the monitoring device stores status information and behavior profiles)
Donlan discloses all of the limitations of claim 29 as stated above. Donlan does not explicitly disclose the following, however Berger teaches:
A web portal in communication with the electronic device, the web portal configured to receive the at least one parameter from the electronic device and display the at least one parameter on a user interface (See at least paragraphs 246, 257, 390, 529-540 which describe a monitoring device attached to a shipping container, wherein the device receives measured parameter from sensors, communicates the measured parameters to a remote server using a wireless communications gateway, and wherein the information is presented on a remote user interface for a user).
It would have been obvious to one of ordinary skill in the art at the time of filing the claimed invention to combine the system and method of using sensors and a monitoring device to track parameters of a shipment during shipping, and storing and reporting the status information of Donlan, with the system and method of a monitoring device attached to a shipping container, wherein the device receives measured parameter from sensors, communicates the measured parameters to a remote server using a wireless communications gateway, and wherein the information is presented on a remote user interface for a user of Berger. By uploading measured information to a web portal and making it accessible to a remote user on a user interface, interested parties would be able to track shipments and its conditions, thus predictably ensuring shipments are shipped in accordance with agreements.
The combination of Donlan and Berger discloses all of the limitations of claim 29 as stated above. Donlan and Berger do not explicitly disclose the following, however McCormick teaches:
A dewar with a lid, the lid defining a recess in the lid, an insert comprising a circular member with unitary structure and positioned in the recess, the recess conforming in shape to the insert; Wherein the insert defines a cavity shaped to receive an electronic device in the cavity (See at least paragraphs 23, 28, 39, 40, 41, 47, and figures 1 and 2 which describe a dewar with a removable lid that covers an insert, wherein the insert fits under the lid and into the opening of the dewar, and wherein the insert is a circular shape and whole member).
Wherein the electronic device is received into the cavity and is housed in the cavity (See at least paragraphs 23, 28, 39, 40, 41, 47, and figures 1 and 2 which describe a dewar with a removable lid that includes an insert, wherein sensors and power sources are placed in the recesses of the insert, and wherein the recesses are shaped to fit the power devices and sensors).
It would have been obvious to one of ordinary skill in the art at the time of filing the claimed invention to combine the system and method of using sensors and a monitoring device to track parameters of a shipment during shipping, and storing and reporting the status information of Donlan, with the system and method of a monitoring device attached to a shipping container, wherein the device receives measured parameter from sensors, communicates the measured parameters to a remote server using a wireless communications gateway, and wherein the information is presented on a remote user interface for a user of Berger, with the system and method of a dewar with a removable lid that covers an insert, wherein the insert fits under the lid and into the opening of the dewar, wherein the insert is a circular shape and whole member, and wherein sensors and power sources are placed in the recesses of the insert, and wherein the recesses are shaped to fit the power devices and sensors of McCormick. By including the sensor equipment and power sources in the lid of a dewar, a shipper would predictably be able to monitor the interior of the dewar, while also having the sensor equipment outside of the sensitive area of the dewar interior.
With respect to claim 30, Donlan/Berger/McCormick discloses all of the limitations of claim 29 as stated above. In addition, Donlan teaches:
Wherein the at least one parameter is at least one of shock endured by the shipping container or an orientation of the shipping container (See at least paragraph 13 which describe parameters measured using sensors, and wherein these include shock the container experiences during shipping).
With respect to claim 31, Donlan/Berger/McCormick discloses all of the limitations of claim 29 as stated above. In addition, Donlan teaches:
Wherein the electronic device and the web portal communicate via a cellular connection (See at least paragraph 31 and 38 which describe the monitoring device and remote operations center communicating using cellular service).
With respect to claim 32, Donlan/Berger/McCormick discloses all of the limitations of claim 29 as stated above. In addition, Donlan teaches:
Wherein the electronic device is a remote device configured to be removably attached to the shipping container (See at least paragraphs 30, 35, and 45 which describe the monitoring device and sensors as being removably attached to the shipping container).
With respect to claim 34, Donlan/Berger/McCormick discloses all of the limitations of claim 29 as stated above. In addition, McCormick teaches:
Wherein the insert attaches to the electronic device by snap-fitting (See at least paragraphs 40, 41, and 41 which describes the electronic device and lid as snap fitting).
It would have been obvious to one of ordinary skill in the art at the time of filing the claimed invention to combine the system and method of using sensors and a monitoring device to track parameters of a shipment during shipping, and storing and reporting the status information of Donlan, with the system and method of a monitoring device attached to a shipping container, wherein the device receives measured parameter from sensors, communicates the measured parameters to a remote server using a wireless communications gateway, and wherein the information is presented on a remote user interface for a user of Berger, with the system and method of a dewar with a removable lid that covers an insert, wherein the insert fits under the lid and into the opening of the dewar, wherein the insert is a circular shape and whole member, and wherein sensors and power sources are placed in the recesses of the insert, and wherein the recesses are shaped to fit the power devices and sensors, and wherein the insert attaches to sensors via snap fitting of McCormick. By including snap fitting attaching, a shipper would predictably be able to quickly attach and remove components, thus allowing more flexibility when shipping items.
With respect to claim 33, Donlan/Berger/McCormick discloses all of the limitations of claim 23 as stated above. In addition, Donlan teaches:
Wherein the one or more sensors are positioned within a payload area of the shipping container, the payload area configured to receive a payload and maintain a temperature of an environment surrounding the payload, the at least one parameter being at least one of humidity and temperature within the payload area (See at least paragraphs 10, 13, 33, and 34 which describe the sensors as being both internal and external to a refrigerated shipping container, and wherein the sensors track the temperature and humidity of the interior).
Donlan discloses all of the limitations of claim 33 as stated above. Donlan does not explicitly disclose the following, however McCormick teaches:
Wherein the payload area configured to receive a payload and a cryogenic material and maintain a temperature of an environment surrounding the payload (See at least paragraphs 15, 22, 24, 31, and 41 which describe including cryogenic material into the payload area of the dewarr in order to maintain temperature of an environment surrounding the payload).
It would have been obvious to one of ordinary skill in the art at the time of filing the claimed invention to combine the system and method of using sensors and a monitoring device to track parameters of a shipment during shipping, and storing and reporting the status information of Donlan, with the system and method of a monitoring device attached to a shipping container, wherein the device receives measured parameter from sensors, communicates the measured parameters to a remote server using a wireless communications gateway, and wherein the information is presented on a remote user interface for a user of Berger, with the system and method of a dewar with a removable lid that covers an insert, wherein the insert fits under the lid and into the opening of the dewar, wherein the insert is a circular shape and whole member, and wherein sensors and power sources are placed in the recesses of the insert, wherein the recesses are shaped to fit the power devices and sensors, and wherein cryogenic material is provided into the payload are of McCormick. By allowing cryogenic material to be placed inside the shipping container in order to maintain a temperature window, a carrier can predictably ship temperature sensitive contents without damaging them, and thus increasing their capabilities as a carrier.
Claim 35 is rejected under 35 U.S.C. 103 as being unpatentable over Donlan, Berger, and McCormick as applied to claim 29 as stated above, and further in view of Mullens.
With respect to claim 35, Donlan/Berger/McCormick discloses all of the limitations of claim 23 as stated above. Donlan, Berger, and McCormick do not explicitly disclose the following, however Mullens teaches:
Further comprising a shipping container supporting the dewar inside the shipping container (See at least paragraphs 14, 110-112, and 114 which describe a shipping container that a dewar is placed in when shipping, wherein the dewar includes a cap to seal its interior cavity).
It would have been obvious to one of ordinary skill in the art at the time of filing the claimed invention to combine the system and method of using sensors and a monitoring device to track parameters of a shipment during shipping, and storing and reporting the status information of Donlan, with the system and method of a monitoring device attached to a shipping container, wherein the device receives measured parameter from sensors, communicates the measured parameters to a remote server using a wireless communications gateway, and wherein the information is presented on a remote user interface for a user of Berger, with the system and method of a dewar with a removable lid that covers an insert, wherein the insert fits under the lid and into the opening of the dewar, wherein the insert is a circular shape and whole member, and wherein sensors and power sources are placed in the recesses of the insert, and wherein the recesses are shaped to fit the power devices and sensors of McCormick, with the system and method of a shipping container that a dewar is placed in when shipping, wherein the dewar includes a cap to seal its interior cavity of Mullens. By including a dewar inside of a shipping container, wherein the dewar is sealed and monitored, a shipper will predictably be able to ship temperature sensitive materials, while also maintain security via an outer shipping container.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Mangelsen et al (US 2022/0089353 A1) (hereinafter Mangelsen) – Mangelsen discloses a dewar used for shipment, wherein the dewar includes an insert that is placed in the top of the dewar and has a cavity in the insert for placing electronic devices that are used for monitoring conditions inside the dewar, wherein the insert is circular and a whole piece, and wherein the insert is covered with a cap (See paragraphs 57, 106, and figure 7).
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Michael Harrington
Primary Patent Examiner
12 December 2025
Art Unit 3628
/MICHAEL P HARRINGTON/Primary Examiner, Art Unit 3628