DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/09/2026 has been entered.
Response to Arguments
Applicant's arguments filed 02/23/2026 have been fully considered but they are not persuasive.
Applicant has argued that the combination of McCormick in view of Kotake would arrive at a configuration wherein either the porous spacer layer or the heat reflective layer would be "adjacent" to the cryogenic fluid, which would cause undesirable effects such as unwanted evaporation or heat conduction (see p. 6 of Remarks). As discussed in the prior Advisory Actions dated 01/07/2026 and 02/10/2026, the Examiner asserts that the prior art combination would not yield a configuration where any of the porous spacer layer, the insulating layer, or the heat reflective layer would be adjacent to the cryogenic fluid, as the walls of the housing (12) disclosed by McCormick (primary reference) would separate the aforementioned components from the cryogenic fluid. Specifically, McCormick discloses that the housing (12) houses and surrounds the plurality of insulating segments (see para. 23, 28 and Figs. 1-2). Thus, the combination of McCormick in view of Kotake would necessarily arrive at a configuration with the alternating heat reflective layers, spacer layers, and insulating layers likewise being contained within the housing disclosed by McCormick, such that the elements housed within the housing are not in direct contact with any cryogenic fluid contained outside of the housing (12). Therefore, the Examiner asserts that the skilled artisan would not expect the modification of providing additional heat reflecting and/or spacer layers as taught by Kotake within the bung housing disclosed by McCormick to yield any unacceptable effects. Moreover the skilled artisan would have been motivated to make such a modification for the reasons discussed in the Final Rejection dated 10/23/2025.
Applicant has argued that the prior Office Action “improperly relies on the non-claimed features of the housing surrounding the barrier and the insulating materials to support the proposed combination of McCormick and Kotake” (p. 6 of Remarks). The Examiner opines that there is nothing improper in relying upon non-claimed features to establish a rejection under 35 U.S.C. 103. In fact, it is well established that a rationale different from Applicant’s is permissible when modifying a reference (MPEP 2144). Therefore, this argument is not found persuasive.
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.
Claims 1, 3-4, and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over McCormick (US Patent Application Publication 2019/0063688) (already of record) in view of Kotake et al. (US Patent Application Publication 2018/0250913) (already of record).
Regarding claim 1, McCormick discloses a bung (called closure, wherein the closure has the form of a plug extending into a container, see Fig. 2, sheet 2 of 2, and therefore reads on a bung) for insulating a container interior from an ambient environment (Abstract), the bung comprising:
a plurality of insulating segments (e.g., segments formed from an aerogel material) (para. 27) (Fig. 2, sheet 2 of 2); and
wherein the bung further comprises a vent channel (46) passing through the plurality of insulating segments (para. 31) (Fig. 2, sheet 2 of 2).
McCormick is silent as to the bung comprising one or more barriers for reflecting infrared radiation, wherein at least one of the one or more barriers is arranged between adjacent insulating segments and the vent channel passes through the one or more barriers.
Kotake et al. discloses a material for insulating a container from an ambient environment (Abstract, para. 7-8, 181), the material comprising spacer layers (1), aerogel layers (2), and heat reflecting layers (3) laminated in the aforementioned order (para. 27, 29) (Fig. 2, sheet 2 of 5). Each heat reflecting layer (3) is arranged between adjacent aerogel layers (2) (Fig. 2, sheet 2 of 5). Kotake et al. discloses that providing the heat reflecting layers in such a manner blocks external heat and improves the insulating properties of the material (para. 27). Specifically, Kotake et al. discloses wherein each heat reflecting layer reflects infrared radiation (para. 107).
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed invention to modify the bung disclosed by McCormick such that one or more barriers for reflecting radiation are arranged between adjacent insulating segments, as Kotake et al. discloses that it was known in the art to provide heat reflecting layers in such a manner to block external heat and thereby improve insulation, and the skilled artisan would have been motivated to adopt a known configuration to improve the insulating ability of the bung. Furthermore, it would have been obvious to one of ordinary skill in the art to configure the vent channel already disclosed by McCormick to pass through the one or more barriers as well as through the insulating segments, in order to allow venting of gases to an external environment as envisioned by McCormick.
Regarding claim 3, McCormick discloses wherein the bung comprises a first portion (called body) and a second portion (called head) (para. 23), wherein the first portion is arranged to be inserted into the container when the bung is fitted to the container (para. 23) (Fig. 2, sheet 2 of 2).
Regarding claim 4, McCormick discloses a seal (28) arranged to be compressed between the second portion and an interior of one or more walls of the container when the bung is fitted to the container (para. 26) (Fig. 2, sheet 2 of 2).
Regarding claim 7, McCormick discloses wherein the bung comprises a chamber (defined by body 12) housing the plurality of insulating segments (para. 26) (Figs. 1-2, sheets 1-2 of 2). McCormick in view of Kotake et al. teaches at least one of one or more barriers for reflecting infrared radiation arranged between adjacent insulating segments, as set forth above, and thus the prior art combination arrives at the limitation of at least one of the one or more barriers also being housed within the chamber.
Regarding claim 8, McCormick discloses wherein the chamber includes a bottom (38) and a side wall (42) creating a cavity (para. 28) (Figs. 1-2, sheets 1-2 of 2), wherein at least two of the plurality of insulating segments are located within the cavity (para. 26-28) (Figs. 1-2, sheets 1-2 of 2). McCormick in view of Kotake et al. teaches at least one of one or more barriers for reflecting infrared radiation arranged between adjacent insulating segments, as set forth above, and thus the prior art combination arrives at the limitation of at least one of the one or more barriers also being located within the cavity.
Regarding claim 9, McCormick in view of Kotake et al. teaches a plurality of insulating segments and at least one barrier for reflecting infrared radiation arranged between adjacent insulating segments, wherein each of the aforementioned elements is located within a cavity, as set forth above.
McCormick is silent as to at least one spacer as claimed.
However, Kotake et al. discloses a configuration, discussed in the rejection of claim 1, above, comprising a plurality of spacer layers (1), aerogel layers (2), and heat reflecting layers (3) laminated in the aforementioned order (para. 27, 29) (Fig. 2, sheet 2 of 5), such that each heat reflecting layer (3) is located on a bottom surface of at least one of the aerogel (insulating) layers (para. 27, 29) (Fig. 2, sheet 2 of 5). Kotake et al. further discloses that providing the spacer layers in this configuration results in “high thermal insulation properties” (para. 27).
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed invention to further modify the bung taught by McCormick in view of Kotake et al. to comprise at least one spacer wherein each spacer is located between adjacent insulating segments in the cavity and wherein the one or more barriers for reflecting infrared radiation are located on a bottom surface of at least one of the plurality of insulating segments, as Kotake et al. discloses that it was known in the art to provide such a configuration to achieve high thermal insulation properties, and the skilled artisan would have been motivated to adopt a known configuration to improve the insulating ability of the bung.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over McCormick (US Patent Application Publication 2019/0063688) (already of record) in view of Kotake et al. (US Patent Application Publication 2018/0250913) (already of record) as applied to claim 3, above, and in further view of Rampersad (US Patent Application Publication 2006/0260328) (already of record).
Regarding claim 5, McCormick discloses the bung comprising first and second portions, as set forth above, wherein the first portion is arranged externally to the container when the bung is fitted to the container (para. 26) (Fig. 2, sheet 2 of 2). McCormick discloses that the bung is configured to be fitted to the container in a fluid-tight manner (para. 15) and that the container is a cryogenic container (Abstract).
McCormick is silent as to a clamp arranged to attach the second portion to the walls of the container.
Rampersad discloses a lid for a container configured to store materials at cold temperatures (Abstract), the lid comprising a first portion (lower portion) and a second portion (upper portion) wherein the first portion extends into the container and the second portion remains external to the container when the lid is fitted to the container (para. 31) (Figs. 1-2, sheets 1-2 of 2). Rampersad further discloses using a clamp to improve sealing of the lid to walls of the container (para. 31).
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed invention to modify the bung disclosed by McCormick to comprise a clamp arranged to attach the second portion to the walls of the container, as Rampersad discloses that it was known in the art to do so in order to improve sealing, and the skilled artisan would have been motivated to improve sealing to ensure a fluid-tight connection between the bung and the container.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over McCormick (US Patent Application Publication 2019/0063688) (already of record) in view of Kotake et al. (US Patent Application Publication 2018/0250913) (already of record) as applied to claim 1, above, and in further view of Creasey et al. (WO 2018115833 A1) (already of record).
Regarding claim 10, McCormick discloses a bung for insulating a container interior, as set forth above. McCormick further discloses wherein the container is configured to store a biological specimen at cryogenic temperatures (para. 1-2).
McCormick is silent as to the bung further comprising an ultra-violet light source of a power sufficient to provide sterilization inside the container in use.
Creasey et al. discloses that it is desirable to sterilize the interior of cryogenic storage vessels between each use to prevent biological contamination (p. 2 last para.) and to this end, Creasey et al. discloses providing a cryogenic container with an ultra-violet light source of a power sufficient to provide sterilization within the container in use (p. 75 last para.-p. 76 first para.)
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed invention to modify the bung disclosed by McCormick to further comprise an ultra-violet light source of a power sufficient to provide sterilization inside the container in use, based on the teachings of Creasey et al., in order to provide a mechanism for preventing contamination of specimens stored within the container.
Allowable Subject Matter
Claim 6 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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/HOLLY KIPOUROS/Primary Examiner, Art Unit 1799