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 .
Response to Amendment/Arguments
The Amendment filed 2/13/2026 has been entered. Claims 1-3, and 5-20 remain pending on the application. Claims 15-20 are withdrawn from further consideration pursuant to Applicant’s election without traverse filed 4/28/2025.
Applicant argues:
As shown in this annotated FIG. 5 of Inaba, and as explained by the foregoing Abstract, the "heat insulating layers 4" of Inaba include "a honeycomb-like plate member 41, a vacuum heat insulation panel 42, and a foamed resin 43," which are adjacent and "bonded together", thereby preventing a "metal sheet" from being arranged between any two of the "heat insulating layers 4", as recited by the Applicant's amended Claims 1 and 7.
Therefore, amended Claims 1 and 7 would not have been derived from Yang and Inaba, even if the references had been combined and modified in the manner proposed by the Examiner.
Moreover, a person of ordinary skill in the art would not have had any reason or motivation to sever or otherwise modify the "bond[ing]" between the three "heat insulating layers 4" of Inaba, because the reference explicitly teaches that this feature imparts the device with "an excellent heat insulation effect", as explained at the following paragraph from a mechanical translation of Inaba:
The heat insulating container has a heat insulating layer formed in a hollow portion (a gap between the outer box and the inner box) of a box having a double structure, and the heat insulating layer is formed by laminatinga honeycomb plate, a vacuum heat insulating panel, and a foamed resin. Because it has a three-layer structure, it has an excellent heat insulation effect, and the ozone generator or ozone ice package that contains ozone ice containing ozone in ice is stored in the heat insulation container.
Thus, according to the above invention (invention 1), the freshness of the contents can be maintained and corrosion can be prevented.
For at least these reasons, a person of ordinary skill in the art would not have derived the apparatuses recited by the Applicant's amended claims from the cited art, and, as a result, the Examiner has not established a proper prima facie case of obviousness.
Examiner respectfully disagrees. The three layer structure of Inaba does not need to be modified in order for Yang modified by Inaba to read on the new claim limitation of wherein each of the one or more barriers is arranged between two insulating segments of the plurality of insulating segments, such that the insulating segments and the barriers are provided in alternate layers.
As explained in the rejections to claims 1 and 7, the claim limitation does not necessarily teach that the barriers and the insulating layers have to be in direct contact with each other within the same wall.
Thus, the Inaba modification would place several of the reflecting barriers between two insulating segments. For example, the reflective barrier at the bottom surface of the container would be between an insulating segment that is located within the wall that forms the bottom of the container, and the insulating plate 3e of Yang and/or the insulating segments located in the lid. The reflective barrier located on a side wall surface would be located between in insulating segment located within the side wall, and the insulating plate 3e and/or the insulating segment located in the opposite side wall.
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 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 1-2 and 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Yang (CN 109132220 A) in view of Inaba (JP 2007246097 A).
Regarding claim 1, Yang teaches Apparatus for sterilising a container, the apparatus comprising:
a container for retaining cryopreserved samples (abstract: The invention claims a stem cell preparation storage field, especially relates to a stem cell preparation for refrigeration-type storage device… a storage component of the base top part);
at least one ultra-violet light source arranged to irradiate at least a portion of the interior of the container with ultra-violet light (Fig. 1: one of the ultraviolet lamps 3h);
and a device for closing an open end of the container, wherein the ultra-violet light source is located in the device (Fig. 1: lid/cover that the ultraviolet lamp 3h is located on) but does not teach
wherein the device comprises— a plurality of insulating segments; and one or more barriers for reflecting infrared radiation,
wherein each of the one or more barriers is arranged between two insulating segments of the plurality of insulating segments, such that the insulating segments and the barriers are provided in alternate layers.
Yang only teaches a single insulating segment located in its container, rather than a plurality of insulating segments located in its lid, but Yang already has a motivation to have more insulating segments at other places for multiplied effect because Yang teaches a refrigeration unit (which has a cover/device for closing and a container), wherein it would be desirable to keep heat from entering the device. Similarly, it would be advantageous to have one or more barriers for reflecting UV radiation since Yang teaches using UV sterilization, barriers which would also reflect infrared radiation.
Inaba teaches an ultraviolet sterilization container for preserving the freshness of its contents (abstract: To provide a storage container which retains the freshness of contents and prevents rot of them; pg. 3 par. 1: ultraviolet lamp). Inaba teaches a plurality of insulating layers formed in the body of the container as well as the cover of the container (abstract: The heat insulation layers 4 include a heat insulation container 5 having a three-layer structure formed of, in order from the inner box 21 side, a honeycomb-like plate member 41, a vacuum heat insulation panel 42, and a foamed resin 43, which are bonded together; Fig. 2: see insulating segments/layers between 31 and 32) which are interpreted to be insulating segments. In addition, Inaba teaches a metal sheet disposed on the interior of the container for reflecting ultraviolet radiation in order to increase energy efficiency (pg. 3 2nd last par.: According to the above invention (invention 11), the metal sheet capable of reflecting ultraviolet rays is attached to the inner wall surface of the ultraviolet lamp storage chamber, so that the ultraviolet rays emitted from the ultraviolet lamp are efficiently used; NOTE: an inner wall surface of the chamber is interpreted to include the inner wall surface of the lid since the lid helps form the chamber). The metal sheet would also be capable of reflecting infrared radiation.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the lid of Yang to have several insulating layers and panels as well as a reflective metal sheet formed on the inner wall surfaces of the cover/lid/closing device, as taught by Inaba, in order to further preserve the low temperatures within the refrigeration unit and increase the ultraviolet radiation efficiency. The metal sheet would also be capable of reflecting infrared radiation. This modification would place several of the reflecting barriers between two insulating segments. For example, the reflective barrier at the bottom surface of the container would be between an insulating segment that is located within the wall that forms the bottom of the container, and the insulating plate 3e of Yang and/or the insulating segments located in the lid. The reflective barrier located on a side wall surface would be located between in insulating segment located within the side wall, and the insulating plate 3e and/or the insulating segment located in the opposite side wall. Therefore, Yang modified by Inaba would read on wherein each of the one or more barriers is arranged between two insulating segments of the plurality of insulating segments, such that the insulating segments and the barriers are provided in alternate layers.
Regarding claim 2, Yang modified by Inaba teaches the apparatus according to claim 1, as set forth above, and teaches wherein the device comprises: a first portion arranged to fit within an open end of the container when the device is attached to the container, wherein the at least one ultra-violet light source is located in the first portion (Fig. 1: parts on the side of the UV lamp 3h attaching it to the lid; Fig. 3 shows that said parts protrude past the lip of the lid such that they would be within the open end of the container when the lid is closed); and a second portion arranged to contact the ends of the walls of the container at the open end of the container when the device is fitted to the container (Fig. 1: lip/side walls of the lid).
Regarding claim 5, Yang modified by Inaba teaches the apparatus according to claim 1, as set forth above, and teaches further comprising a heat engine (NOTE: according to Applicant’s Specification pg. 2 lines 20-22, a heat exchanger attached to a cooler for removing heat is the heat engine of the instant invention; therefore, the “heat engine” is interpreted to be any device that exchanges heat; Yang pg. 3 par. 4: a refrigerating machine) but does not teach wherein the heat engine is attached to the device.
Instead, Yang teaches wherein the refrigerating machine/heat engine is attached to the bottom of the container (pg. 3 par. 4: the refrigerating machine is fixed on the inner side bottom of the box body).
However, in the absence of any teaching to the contrary, the location of the refrigerating machine does not affect operation since it would still be capable of cooling the interior of the chamber so long as it is located in the interior of the chamber and is connected to the other electronic components. Absent a showing of significance or unexpected results, the claimed locations of the components are prima facie obvious and do not modify the operation of the invention and further, do not add patentable significance. The Manual of Patent Examining Procedures discloses that In re Japikse, 181 F.2d 1019, 86 USPQ 70(CCPA 1950), a mere rearrangement of parts for a design change has no patentable significance unless a new and unexpected result is produced. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the refrigerating machine of Yang modified by Inaba to be attached to the lid/cover with a reasonable expectation that it would still be capable of regulating the temperature of the interior of the container.
Regarding claim 6, Yang modified by Inaba teaches the apparatus according to claim 1, as set forth above, and teaches further comprising a locking mechanism arranged to lock the device to the container (Fig. 9: locking 3b).
Regarding claim 7, Yang teaches the apparatus for sterilising a container, the apparatus comprising: a container for retaining cryopreserved samples, the container comprising walls and a base (Fig.1: the entire box and the lid are interpreted to be a container);
and at least one ultra-violet light source arranged to irradiate at least a portion of the interior of the container with ultra-violet light; wherein the ultra-violet light source is provided on or within the walls or the base of the container (Fig. 1: the other of the UV lamps 3h is located on the lid and when the lid is closed and/or interpreted to be within the walls of the container when the lid is closed; see Fig. 3 which shows the UV lamps at least protrude partially from the interior of the lid and thus would be within the walls of the container when the lid is closed)
but does not teach
and wherein the device comprises a plurality of insulating segments, and one or more barriers for reflecting infrared radiation.
Yang only teaches a single insulating segment located in its container, rather than a plurality of insulating segments located in its lid, but Yang already has a motivation to have more insulating segments at other places for multiplied effect because Yang teaches a refrigeration unit (which has a cover/device for closing and a container), wherein it would be desirable to keep heat from entering the device. Similarly, it would be advantageous to have one or more barriers for reflecting UV radiation since Yang teaches using UV sterilization, barriers which would also reflect infrared radiation.
Inaba teaches a plurality of insulating layers formed in the body of the container as well as the cover of the container (abstract: The heat insulation layers 4 include a heat insulation container 5 having a three-layer structure formed of, in order from the inner box 21 side, a honeycomb-like plate member 41, a vacuum heat insulation panel 42, and a foamed resin 43, which are bonded together; Fig. 2: see insulating segments/layers between 31 and 32) which are interpreted to be insulating segments. In addition, Inaba teaches a metal sheet disposed on the interior of the container for reflecting ultraviolet radiation in order to increase energy efficiency (pg. 3 2nd last par.: According to the above invention (invention 11), the metal sheet capable of reflecting ultraviolet rays is attached to the inner wall surface of the ultraviolet lamp storage chamber, so that the ultraviolet rays emitted from the ultraviolet lamp are efficiently used; NOTE: an inner wall surface of the chamber is interpreted to include the inner wall surface of the lid since the lid helps form the chamber). The metal sheet would also be capable of reflecting infrared radiation.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the lid of Yang to have several insulating layers and panels as well as a reflective metal sheet formed on the inner wall surfaces of the cover/lid/closing device, as taught by Inaba, in order to further preserve the low temperatures within the refrigeration unit and increase the ultraviolet radiation efficiency. The metal sheet would also be capable of reflecting infrared radiation.
Regarding claim 8, Yang modified by Inaba teaches the apparatus according to claim 1, as set forth above, and teaches, wherein the interior of the container is reflective to the ultra-violet light from the at least one ultra-violet light source (see Inaba modification in claim 1 rejection).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Yang modified by Inaba in view of McCormick (US 20190063688 A1).
Regarding claim 3, Yang modified by Inaba teaches the apparatus according to claim 1, as set forth above, but does not teach wherein the device comprises at least fourteen insulating segments.
McCormick teaches a cryogenic container (abstract: A closure is configured for use with a portable cryogenic container or dewar, such as a dry vapor shipper (DVS)). McCormick teaches at least fourteen insulating segments (Fig. 2: insulating panels 36), which is effective for optimizing preservation time (abstract: The closure has advanced insulating properties which enhances cryogen residence time and also minimizes negative effects on residence time when the dewar is placed on its side, such as during shipping).
As cited in the rejection to claim 1, Yang already teaches an insulating feature, so there would be motivation to have more insulating segments in order to increase the insulation effectiveness.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the lid of Yang modified by Inaba to have at least fourteen insulating segments, as taught by McCormick, in order to yield an optimal cryogen residence time.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Yang modified by Inaba in view of La Porte (US 20130063922 A1)
Regarding claim 9, Yang modified by Inaba teaches the apparatus according to claim 1, as set forth above, and teaches further comprising a receptacle for receiving a cryopreserved sample (Fig. 5: second storage plate 3j), but does not teach wherein the receptacle is opaque to ultra-violet light.
La Porte teaches a UV sterilization enclosure (abstract: A personal electronic device (PED) sanitization device comprises a compartment configured to receive a PED and a sanitization module configured to emit electro-optical (EO) radiation into the interior of the compartment; par. 15: Certain wavelengths of Ultraviolet (UV) radiation may be used to sanitize a PED). La Porte teaches wherein any and all surfaces of the interior of the enclosure may be covered in UV reflective material so that the sterilization target is better exposed to UV light (par. 31: Accordingly, in some embodiments, portions of the interior surface of the enclosure 160 may comprise reflective material configured to reflect emitted EO radiation to the PED 101 such that the entire surface of the PED 101 is exposed thereto. In some embodiments, substantially all of the surface of the enclosure 160 is configured to reflect EO radiation). The enclosure 160 of La Porte is analogous to the second storage plate 3j of Yang. Furthermore, a UV reflective material would be opaque to UV light because light is getting reflected rather than transmitted.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the second storage plate 3j of Yang modified by Inaba to be covered in UV reflective material (which is thereby opaque), as taught by La Porte, in order to increase the exposure of the sterilization target to UV light.
Claims 10, 11, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Yang modified by Inaba in view of Deshays (US 9364573 B2).
Regarding claim 10, Yang modified by Inaba teaches the apparatus according to claim 1, as set forth above, and teaches further comprising a controller (Fig. 9: controller 3q) but does not teach arranged to control the operation of the at least one ultra-violet light source.
Yang would already have motivation to have the controller control the operation of its UV lamps, if even to turn them on and off.
Deshays teaches a UV sterilization chamber (abstract: A disinfection device includes a disinfection chamber into which a radiation source emits ultraviolet-C (UV-C) radiation). Deshays teaches wherein the controller controls the amount of time that the UV lamps are in operation in order to administer the desired dosage of UV radiation for sterilization (abstract: A processing unit generates accumulated UV-C radiation values and verifies that the accumulated UV-C radiation value in the disinfection chamber reaches a first radiation threshold while also verifying that the temperature in the disinfection chamber stays below a first temperature threshold. The UV-C radiation may be emitted into the disinfection chamber over one or more fixed periods of time while the total time for the disinfection process is limited to a primary time interval. The process may terminate successfully if the first radiation threshold is exceeded before the primary time interval expires; C7L59-C8L3: A processing unit generates accumulated UV-C radiation values and verifies that the accumulated UV-C radiation value in the disinfection chamber reaches a first radiation threshold while also verifying that the temperature in the disinfection chamber stays below a first temperature threshold. The UV-C radiation may be emitted into the disinfection chamber over one or more fixed periods of time while the total time for the disinfection process is limited to a primary time interval. The process may terminate successfully if the first radiation threshold is exceeded before the primary time interval expires… executing a disinfecting algorithm configured to perform the acts of: directing the radiation source to emit UV-C radiation into an interior volume of the disinfection chamber over a fixed period of time).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the controller of Yang modified by Inaba to be capable of controlling the irradiation time of its UV lamps, as taught by Deshays, in order to deliver a desired radiation dosage to the sterilization target.
Regarding claim 11, Yang modified by Inaba and Deshays teaches the apparatus according to claim 1, as set forth above, and teaches wherein the controller is arranged to adjust at least one of: the electrical power supplied to the at least one ultra-violet light source; the irradiation time of the at least one ultra-violet light source (see Deshays modification in claim 10 rejection); and the wavelength of ultra-violet light emitted by the at least one ultra-violet light source.
Regarding claim 13, Yang modified by Inaba and Deshays teaches the apparatus according to claim 1, as set forth above, but does not teach further comprising a detector arranged to detect ultra-violet light from the at least one ultra-violet light source.
Deshays teaches UV radiation sensors to determine whether or not a radiation threshold has been met (abstract: A radiation sensor detects the amount of UV-C radiation within the disinfection chamber… A processing unit generates accumulated UV-C radiation values and verifies that the accumulated UV-C radiation value in the disinfection chamber reaches a first radiation threshold).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Yang modified by Inaba and Deshays to have UV radiation sensors, as taught by Deshays, to determine whether or not the desired radiation threshold has been reached.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Yang modified by Inaba and Deshays in view of Lepine (US 20200268921 A1).
Regarding claim 12, Yang modified by Inaba and Deshays teaches the apparatus according to claim 10, as set forth above, but does not teach further comprising a transceiver arranged to receive instructions for the controller.
Lepine teaches a UV sterilization chamber (abstract: A system includes a disinfection chamber having an interior volume, a radiation source to emit radiation into the interior volume, a radiation sensor circuit to detect radiation in the interior volume, an independent monitoring circuit to detect radiation in the interior volume, and a computing device that has a memory and a processor; par. 14: the UV dose). Lepine teaches wherein the controller has a transceiver enabling it to receive input commands remotely concerning the sterilization process (par. 123: The user interface 182 hardware cooperates with the user interface logic module 176 to permit human or programmatic interaction with disinfection system 100. The interaction may be arranged to accept input such as target device identification information, timed-dose information (e.g., a manually entered time that directs how long a target device in the disinfection chamber will be exposed to radiation), and other selectable information. The interaction may be further or alternatively arranged to communicate success or failure information, history information identifying operations of the disinfection system 100, system parameters, system results, and the like. The user interface 182 and user interface control logic module 176 may include or otherwise control input/output (I/O) circuitry and user interface (UI) circuitry that includes, without limitation, serial ports, parallel ports, universal serial bus (USB) ports, IEEE 802.11 transceivers and other transceivers; par. 127: The determined period of time may be selected by a medical practitioner (e.g., via user interface 182 and user interface logic module 176), selected programmatically by a remote computing device). This would improve the convenience of operating the device of Yang.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the controller of Yang modified by Inaba and Deshays to have a transceiver for receiving instructions regarding the sterilization procedure, as taught by Lepine, in order to make it more convenient to operate the sterilization device.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Yang modified by Inaba in view of Wu (CN 209136313 U).
Regarding claim 14, Yang modified by Inaba teaches the apparatus according to claim 1, as set forth above, and teaches wherein the at least one ultra-violet light source comprises a plurality of ultra-violet light sources (Fig.9: UV lamps 3s), but does not teach wherein the plurality of ultra-violet light sources are located in a circumferential pattern.
However, in the absence of any teaching to the contrary, the arrangement of the UV lights does not affect operation since they would still be capable of delivering the desired dose of UV radiation. Absent a showing of significance or unexpected results, the claimed locations of the components are prima facie obvious and do not modify the operation of the invention and further, do not add patentable significance. The Manual of Patent Examining Procedures discloses that in In re Japikse, 181 F.2d 1019, 86 USPQ 70(CCPA 1950), a mere rearrangement of parts for a design change has no patentable significance unless a new and unexpected result is produced.
It would still not be possible to arrange two UV lamps in a circumferential pattern, as at least three are needed.
Still, absent a showing of significant or unexpected results, the duplication of the UV lamps is prima facie obviousness and does not further modify the operation of the invention, and further does not add patentable significance. The Manual of Patent Examining Procedures discloses that in In re Harza, 274, F.2d 669, 124 USPQ 378 (CCPA 1960), a mere duplication of parts for a multiplied effect has no patentable significance unless a new and unexpected result is produced. As such, the duplication of the UV lamps does not create a patentable distinction over the reference of Yang.
Furthermore, there is prior art with the claimed arrangement of UV lamps.
Wu teaches a UV sterilization bottle (abstract: The utility model claims a vacuum bottle of ultraviolet sterilization function). Wu teaches wherein three UV lamps are sized to be capable of being arranged circumferentially in the lid of the bottle, wherein the lid of the bottle is analogous to the lid of Yang (Fig. 1: UV LED’s 5).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Yang modified by Inaba to have three UV lamps of appropriate size such that they are arranged circumferentially on the lid, as taught by Wu, with a reasonable expectation that they would be equally capable of delivering the desired dose of UV radiation.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
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/C.C./Examiner, Art Unit 1796
/KEVIN JOYNER/Primary Examiner, Art Unit 1799