Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 28 October 2025 has been entered.
Election/Restrictions
Claims 1, 2, and 4-8 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 12 May 2023. The limitation of Claim 1 that “the six identical panels are arranged to form the inner enclosure as an enclosed six-sided trapezoidal with each side being one of the identical panels of the six identical panels” is not drawn to the elected Species 1.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the six phase-change material inserts that are each received within each of the plurality of panels of claim 49 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 49-50 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The limitation of claim 49 of “six phase-change material inserts that are each received within each of the plurality of panels” fails to comply with the written description requirement. Nowhere does the original disclosure provide that a phase-change material insert can be received within all of the plurality of panels, let alone that six phase-change material insert can be received within all of the plurality of panels. The original disclosure only provides that a phase-change material insert can be received within a single panel, not within six panels at once.
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 43 and 49-50 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.
The limitation of claim 43 of “an outer enclosure comprising a rectangular cube” is led to be indefinite. It is unclear what the metes and bounds of a “rectangular cube” are. By definition a cube is a regular solid of six equal square sides. As such, the only rectangles permitted in a cube are squares. However, it is unclear why applicant would have preceded “cube” with “rectangular” if only square rectangles were covered as this would be redundant. In order to apply art the limitation will be interpreted as if it read “rectangular cuboid”, however further clarification and/or correction are required.
Claim 43 recites the limitation "the interior space" in lines 15, 17, and 18. There is insufficient antecedent basis for this limitation in the claim.
Claim 43 is led to be indefinite as it is unclear if the interior space is a newly recited structure or refers back to the interior of line 11. In light of the original disclosure and in order to apply art the limitations will be interpreted as the latter.
The limitation of claim 49 of “six phase-change material inserts that are each received within each of the plurality of panels” is led to be indefinite. It is unclear if every one of the six phase-change material inserts are received and therefore within every one of the plurality of panels or if each panel receives a respective one of the six phase-change material inserts. In light of the original disclosure and in order to apply art the limitation will be interpreted as the latter.
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.
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.
Claim(s) 43 and 49-50 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mayer (US 20130255306) further in view of Gano (US 20040025528).
Claim 43: Mayer discloses a shipping container 10 comprising: an outer shell 20 (outer enclosure) comprising a rectangular cube having side walls and a base, wherein the side walls and the base define a retention chamber (cavity) [P. 0013] in the outer shell 20 (outer enclosure); and a lid hingedly attached to at least one of the side walls of the outer shell 20 (outer enclosure) opposite the base, to cover the retention chamber (cavity) in the outer shell 20 (outer enclosure); 6 PCM panels 40 forming an inner enclosure disposed inside the retention chamber (cavity) and configured to provide a payload area for a payload within the inner enclosure, wherein the inner enclosure comprises six panels, the six panels defining the payload area, wherein each panel of the six panels is a same shape, and wherein the same shape is a single pyramidal frustum having defined therein an interior, wherein each panel of the six panels has four edges and two parallel sides joined together by the four sides, the interior space bounded by the two parallel sides and the four edges to provide the interior space of the panel, wherein a phase-change material is received into the single interior space of the panel (see annotated fig. 1 and 2A below).
Mayer does not disclose wherein one of the four edges defines a single opening that forms a channel with constant communication into the interior space of the panel, wherein the channel is configured to receive a phase-change material into the interior space of the panel via the single opening.
Gano teaches a cooler 100 having sidewalls 330, 332, 334, and 336 extending upwardly from base 340 and together defining an interior storage chamber 342 that can be enclosed when a lid 344 is used to engage the sidewalls 330, 332, 334, and 336, wherein the sidewalls 330, 332, 334, and 336, base 340, and lid 344 are shaped to interlock with each other, each have four edges, and each have a chamber e.g. 352, 354, 356, 358 that retains temperature-maintaining material 350, wherein one of the edges defines an opening 376 that forms a channel with constant communication into an interior of the respective sidewall 330, 332, 334, and 336, base 340, or lid 344, and wherein the channel is configured to slidably receive a temperature-maintaining material 350 (see fig. 12-13 and P. 0063 & 0066).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified one of the edges of each panel to define an opening that forms a channel with constant communication into the interior space of that panel and to have modified the plurality of phase-change material inserts to be slidably received through the openings, as taught by Gano, in order to permit a user to utilize different phase-change material inserts as appropriate for the contents to be held and to be able to swap out different phase-change material inserts with differing melting points as needed.
The combination results in the channel being configured to receive some phase-change material into the single interior space of the panel via the single opening.
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Claim 49: Mayer discloses a shipping container 10, comprising: a layer of thermal insulation 30 (outer enclosure) having a cavity; and six identical PCM panels 40 forming an inner enclosure positioned within the cavity of the layer of thermal insulation 30 (outer enclosure) and having a plurality of panels comprising six identical panels and a plurality of phase-change material inserts comprising six phase-change material inserts that are each received within each of the plurality of panels, in as much as the claimed invention, the plurality of panels defining a payload area that is configured to hold a payload, wherein each panel of the six identical panels is a same shape, wherein each panel of the six identical panels has four edges to nest adjacently to four other panels of the six identical panels and two parallel sides joined in spaced-apart parallel relation by the edges, and wherein the six identical panels together form a box shaped enclosure when each of the four edges of the each panel is nested adjacently to the four other panels of the six identical panels, wherein each panel has an only interior cavity of an interior, wherein the only interior cavity is bounded on edges on edges by the four edges and on sides by the two parallel sides, wherein the only interior cavity is occupied by the phase-change material insert, wherein the phase-change material insert contacts both of the two parallel sides joined in spaced-apart parallel relation by the edges to conduct thermal energy therethrough (see annotated fig. 1 & 2A above).
Mayer does not disclose wherein one of the edges of each panel of the six panels defines an opening that forms a single channel with constant communication into an only interior cavity of an interior of the panel, wherein the channel is configured to slidably receive a phase-change material insert of the plurality of phase-change material inserts into the interior of the panel.
Gano teaches a cooler 100 having sidewalls 330, 332, 334, and 336 extending upwardly from base 340 and together defining an interior storage chamber 342 that can be enclosed when a lid 344 is used to engage the sidewalls 330, 332, 334, and 336, wherein the sidewalls 330, 332, 334, and 336, base 340, and lid 344 are shaped to interlock with each other, each have four edges, and each have a chamber e.g. 352, 354, 356, 358 that retains temperature-maintaining material 350, wherein one of the edges defines an opening 376 that forms a channel with constant communication into an interior of the respective sidewall 330, 332, 334, and 336, base 340, or lid 344, and wherein the channel is configured to slidably receive a temperature-maintaining material 350 (see fig. 12-13 and P. 0063 & 0066).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified one of the edges of each panel of the six identical panels to define an opening that forms a channel with constant communication into the only interior cavity of the interior of that panel and to have modified the plurality of phase-change material inserts to be slidably received through the openings, as taught by Gano, in order to permit a user to utilize different phase-change material inserts as appropriate for the contents to be held and to be able to swap out different phase-change material inserts with differing melting points as needed.
Claim 50: The combination discloses wherein the same shape is a single pyramidal frustum (see annotated fig. 1 & 2A above).
Response to Arguments
The 35 U.S.C. § 112 rejections in paragraphs 4-12 of office action dated 16 May 2025 are withdrawn in light of the amended claims filed 28 October 2025.
Applicant should submit an argument under the heading “Remarks” pointing out disagreements with the examiner’s contentions. Applicant must also discuss the references applied against the claims, explaining how the claims avoid the references or distinguish from them.
Applicant's arguments filed 28 October 2025 have been fully considered but they are not persuasive.
In response to applicant’s argument directed to claim 34, the Examiner notes that claim 34 is currently withdrawn.
In response to applicant’s assumed argument that the prior art combination does not disclose an outer enclosure comprising an outer enclosure comprising a rectangular cube having side walls and a base, wherein the side walls and the base define a cavity in the outer enclosure of claim 43, the Examiner replies that Mayer discloses an outer shell 20 (outer enclosure) comprising a rectangular cube having side walls and a base, wherein the side walls and the base define a retention chamber (cavity) [P. 0013] in the outer shell 20 (outer enclosure) and a lid hingedly attached to at least one of the side walls of the outer shell 20 (outer enclosure) opposite the base, to cover the retention chamber (cavity) in the outer shell 20 (outer enclosure) (see annotated fig. 1 & 2A above).
In response to applicant’s assumed argument that the prior art combination does not disclose wherein the channel is configured to slidably receive a phase-change material insert of the of the plurality of phase-change material inserts into the interior of the panel, wherein the only interior cavity is bounded on edges by the four edges and on sides by the two parallel sides, wherein the only interior cavity is occupied by the phase-change material insert, wherein the phase-change material insert contacts both of the two parallel sides joined in spaced-apart parallel relation by the edges to conduct thermal energy therethrough of claim 49, the Examiner responds that the combination discloses each panel having an opening defining a single channel which is configured to slidably receive a phase-change material insert of the of the plurality of phase-change material inserts into the interior of the panel, wherein the only interior cavity is bounded on edges by the four edges and on sides by the two parallel sides, wherein the only interior cavity is occupied by the phase-change material insert, wherein the phase-change material insert contacts both of the two parallel sides joined in spaced-apart parallel relation by the edges to conduct thermal energy therethrough (see annotated fig. 2A above and fig. 12-13 ‘528). Examiner notes that the dual immiscible phase change materials 51 & 52 together form a phase-change material insert in light of the teaching of Gano which was relied upon to modify the phase-change material inserts to be slidably received.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLAN D STEVENS whose telephone number is (571)270-7798. The examiner can normally be reached Monday-Friday 12-8 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles can be reached at (571)270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALLAN D STEVENS/Primary Examiner, Art Unit 3736