DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 August 13, 2026 has been entered.
Response to Amendment
Due to applicant’s amendment filed on August 13, 2026, the claim objections and the 112(b) rejections in the previous office action (dated 05/13/2026) are hereby withdrawn.
The status of the claim(s) is as follows:
Claims 1 and 13-15 have been amended,
Claims 2-12, 16-17 and 20 were previously presented,
Claims 18-19 have been cancelled.
Therefore, claims 1-17 and 20 are currently pending.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-17 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Taka et al. (US 20170158411 A1; hereinafter Taka) in view of Krzak et al. (US 20110290792 A1; hereinafter Krzak).
Regarding claim 1, Taka teaches a composite container (10) comprising:
a thermally insulated inner container (30) disposed within a thermally insulated outer container (20),
the thermally insulated inner and outer containers are made of different materials (see Taka [0027,0029,0032]),
the thermally insulated inner container configured to receive a plurality of phase change material (PCM) elements, and the plurality of PCM elements being configured to define a payload enclosure surrounded by the plurality of PCM elements (Taka [0026-0038] and Figs. 1-5).
Examiner’s note: Taka teaches the following, “…the payload is first placed inside of the inner container 30 along with cooling means (e.g., ice pack, crushed ice, dry ice, PCM (phase change material), etc.)…” (see Taka [0035-0036]). Examiner construes the above disclosure to mean that the inner container (30 – which examiner equates to the claimed thermally insulated container) is provided with one or more PCM panel(s) or element(s) which defines a payload enclosure; emphasis added.
However, Taka does not explicitly teach each of the plurality of PCM elements comprising a rigid container containing a cooling material, the rigid containers arranged separately from each other along surfaces of the thermally insulated inner container, a number of the rigid containers arranged on a top surface of the thermally insulated container is different from a number of the rigid containers arranged on a side surface of the thermally insulated inner container, the rigid containers being made of a different material from the materials of the thermally insulated inner and outer containers.
Krzak is in the same field of endeavor as the claimed invention and Taka, which is a thermally insulated transport container. Krzak teaches a composite container embodiment (20; as shown in Figs. 1-5) comprising:
a thermally insulated inner container (i.e. in the form of an insulated inner liner (34)) disposed within a thermally insulated outer container (i.e. casing (30) with an outer shell (32)),
the thermally insulated inner and outer containers are made of different materials (see Krzak [0057]),
the thermally insulated inner container configured to receive a plurality of phase change material (PCM) elements (specifically six large PCMPs (39), four large PCMPs (41), and six small PCMPs (43); see Krzak [0058]), each of the plurality of PCM elements comprising a rigid container (i.e. hollow container (35)) containing a cooling material, the rigid containers arranged separately from each other along surfaces of the thermally insulated inner container, a number of the rigid containers arranged on a top surface of the thermally insulated inner container (i.e. 6 PCM elements are stacked on top of each other; as shown in annotated Krzak Fig. 1 below) IS DIFFERENT from a number of the rigid containers arranged on a side surface of the thermally insulated inner container (i.e. one or two small PCM elements (43); as shown in annotated Krzak Fig. 1 below), the rigid containers being made of a different material (i.e. polyethylene; see Krzak [0058]) from the materials of the thermally insulated inner and outer containers (Krzak [0055-0070]).
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With this in mind, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the thermally insulated inner container (of Taka) with similar plurality of PCM elements THAT ARE SEPARATE FROM EACH OTHER AND ARRANGED (as taught by Krzak) to minimize the temperature variance of the payload enclosure within the thermally insulated inner container.
Examiner’s note: Since, modified Taka teaches a substantially identical structure as claimed, which includes a thermally insulated inner container configured to the receive a plurality of phase change material (PCM) elements (i.e. a respective rigid container containing a cooling material), and the thermally insulated inner container disposed within a thermally insulated outer container, then the plurality of PCM elements will maintain a payload disposed in the payload enclosure between -20°C and 8°C and -25°C for a period of at least 48 hours in an ambient temperature of up to 35°C when the overall composite container, the plurality of PCM elements and the payload disposed in the payload enclosure are tested together; emphasis added. See MPEP §2112.01(I) or MPEP §2112.01(II)
Regarding claim 2, modified Taka as above further teaches wherein one or both of the thermally insulated inner container and the thermally insulated outer container are made from a foam material (see Taka [0027,0029,0032]).
Regarding claim 3, modified Taka as above further teaches wherein the foam material is selected from the group consisting of expanded polypropylene (EPP), expanded polystyrene (EPS), expanded polyethylene (EPE), porous EPP and a combination of expanded polystyrene and polyethylene (see Taka [0027,0029,0032]).
Regarding claim 4, modified Taka as above further teaches wherein the thermally insulated inner container is made from EPS and the thermally insulated outer container is made from a different foam (i.e. either EPP, EPS, EPE, PEPP and PS/PE, more preferably EPP; see Taka [0027,0029,0032]).
Regarding claim 5, modified Taka as above further teaches wherein the thermally insulated inner container is made from EPS and the thermally insulated outer container is made from EPP (see Taka [0027,0029,0032]).
Regarding claim 6, modified Taka as above further teaches wherein the foam material; however, Taka does not explicitly teach the foam material having a density of at least 1.5 pcf.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a foam material that has a density of at least 1.5 pcf to make the overall composite container lightweight and easy to handle.
Further, it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. See MPEP §2144.05(II)(A)
Regarding claim 7, modified Taka as above further teaches wherein the thermally insulated inner container is separable from the thermally insulated outer container (Taka [0035]).
Regarding claim 8, modified Taka as above further teaches wherein at least one of the thermally insulated inner container and the thermally insulated outer container is integral (Taka [0034]).
Regarding claim 9, modified Taka as above further teaches wherein the thermally insulated inner container comprises an inner container lid element (38) removably coupled to an inner container receptacle element (Taka [0030] and Fig. 2).
Regarding claim 10, modified Taka as above further teaches wherein the thermally insulated inner container is shaped as a cube or rectangular cuboid (Taka [0030]).
Regarding claim 11, modified Taka as above further teaches wherein the thermally insulated outer container comprises an outer container lid element (28) removably coupled to an outer container receptacle element (Taka [0028] and Fig. 2).
Regarding claim 12, modified Taka as above further teaches wherein the thermally insulated outer container is shaped as a cube or rectangular cuboid (Taka [0028]).
Regarding claim 13, modified Taka as above further teaches wherein the plurality of phase change material (PCM) elements are capable of being be pre-conditioned to a temperature of at least -25°C.
Regarding claim 14, modified Taka as above further teaches wherein the plurality of phase change material (PCM) elements are capable of being pre-conditioned to a temperature of at least -30°C.
Regarding claim 15, modified Taka as above further teaches wherein the plurality of phase change material (PCM) elements are configured to maintain a payload disposed in the payload enclosure between 2°C and 8°C for a period of at least 48 hours in an ambient temperature of up to 35°C when the composite container, the plurality of PCM elements, and the payload disposed in the payload enclosure are tested together.
Examiner’s note: Since modified Taka teaches a substantially identical structure as claimed, which includes a thermally insulated inner container configured to the receive plurality of phase change material (PCM) elements (i.e. a respective rigid container containing a cooling material), and the thermally insulated inner container disposed within a thermally insulated outer container, then the plurality of PCM elements will maintain a payload disposed in the payload enclosure between 2°C and 8°C for a period of at least 48 hours in an ambient temperature of up to 35°C when the overall composite container, the plurality of PCM elements and the payload disposed in the payload enclosure are tested together; emphasis added. See MPEP §2112.01(I) or MPEP §2112.01(II)
Regarding claim 16, modified Taka as above further teaches wherein a first phase change material (PCM) element (i.e. the lower most PCM panel (41) of the top stack) is configured to be in abutting relationship with a second phase change material (PCM) element (any one of the side PCM panels (43); see annotated Krzak Fig. 1 above).
Regarding claim 17, modified Taka as above further teaches wherein a first phase change material (PCM) element is configured to be in a detachably coupled relationship (i.e. abutting or touching) with a second phase change material (PCM) element (see annotated Krzak Fig. 1 above).
Regarding claim 20, modified Taka as above further teaches wherein the composite container is used to transport payload disposed in the payload enclosure from a shipping location to a destination location.
Response to Arguments
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Applicant’s arguments with respect to the pending claims have been considered but are moot because the arguments do not apply to the combination of references being used in the current rejection(s).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited documents are listed on the attached PTO-892 form.
Examiner has cited particular paragraphs and/or columns and line numbers in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested of the applicant, in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or prior art(s) disclosed by the Examiner (in the attached PTO-892 form).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIJESH V. PATEL whose telephone number is (571)270-1878. The examiner can normally be reached on Monday - Thursday 6:00 am - 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Avilés can be reached on 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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/B. V. P./
Examiner, Art Unit 3736
/ALLAN D STEVENS/Primary Examiner, Art Unit 3736
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