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
The amendment filed March 6, 2026 has been entered.
Claims 1-13 and 15 remain pending in the application, with claims 1-11 being examined, and claims 12-13 and 15 deemed withdrawn. Claim 14 is canceled.
Applicant’s amendments to the Claims have overcome each and every objection and 112(b) rejection previously set forth in the Non-Final Office Action mailed November 3, 2025. However, new 112(b) rejections are outstanding, as detailed below in the Claim Rejections-35 USC 112 section of this instant Office Action.
Based on Applicant’s amendments and remarks, the previous prior art rejection has been modified to address the claim amendments.
Claim Objections
Claim 8 is objected to because of the following informalities:
Regarding claim 8, Ln. 5 recites, “mult-slot”, which is a typo of “multi-slot”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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 1-11 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.
Regarding claim 1, Ln. 6 recites, “the heat source”. There is insufficient antecedent basis for this limitation in the claim. For purposes of compact prosecution, the above limitation has been examined as, “a heat source”.
Similarly, claim 1, Ln. 11 recites, “a heat source”. It is unclear if this heat source is the same or different from the previously recited “heat source” in claim 1. Further clarification is needed. For purposes of compact prosecution, the above limitation has been examined as the same as the previously recited “heat source”, and has been examined as, “the heat source”.
Claims 2-11 are rejected at least for depending on a rejected claim.
Claim Rejections - 35 USC § 103
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 and 3-10 are rejected under 35 U.S.C. 103 as being unpatentable over Holmes et al. (US Pat. No. 10,244,973; hereinafter Holmes; already of record) in view of Baker et al. (US Pub. No. 2018/0252466; hereinafter Baker; already of record).
Regarding claim 1, Holmes discloses a transport incubator for uniform incubation of sample specimens during transport (Col. 1 Lns. 41-63, Col. 25 Lns. 24-64, Col. 29 Lns. 42-60, see Figs. 2A-2B, 7). The transport incubator comprises:
a multi-slot contact-thermal-transfer divider having a plurality of sample specimen incubation slots or compartments, each slot or compartment having one or more internal surfaces in uniform thermal communication with a heat source, and configured, in operation of the transport incubator, to provide direct contact between the one or more internal surfaces of the slot or compartment and a surface or surfaces of a sample specimen container insertable therein to provide for uniform heat transfer and distribution to the sample specimen during transport in the transport incubator (Col. 1 Lns. 41-63, Col. 25 Lns. 24-64, the gaps in the tray may be filled with PCM, Col. 29 Lns. 42-60, see Figs. 2A-2B, 7 at trays 230a, 230b).
The heat source, configured in a plurality of portions or panels in uniform thermal communication with the multi-slot contact-thermal-transfer divider on multiple, or all sides thereof (Col. 1 Lns. 41-63, Col. 25 Lns. 24-64, the gaps in the tray may be filled with PCM, Col. 29 Lns. 42-60, see Figs. 2A-2B, 7 at trays 230a, 230b. When the PCM is in the housing and within gaps in the tray, the PCM will be in uniform thermal communication with the trays on multiple or all sides).
A sealable housing configured to seal and house the heat source and the multi-slot divider within the housing during transport, wherein the sealable housing comprises a reversibly sealable lid with an inner lid surface, and wherein the plurality of portions or panels are configured, upon sealing of the lid, to be in thermal contact with the multi-slot contact-thermal- transfer divider on multiple, or all sides thereof (Col. 1 Lns. 41-63, Col. 25 Lns. 24-64, the gaps in the tray may be filled with PCM, Col. 29 Lns. 42-60, see Figs. 2A-2B, 7 at trays 230a, 230b. When the PCM is in the housing and within gaps in the tray, the PCM will be in uniform thermal communication with the trays on multiple or all sides. Further, see Figs. 2A-2B at top cover 210, which can be removed and placed to reversibly seal the housing).
Holmes fails to explicitly disclose that the inner lid surface has one or more of the plurality of heat source portions or panels attached thereto.
Baker is in the analogous field of incubators (Baker [0002]). Baker teaches an inner lid surface that has one or more of a plurality of heat source portions or panels attached thereto, wherein a plurality of heat source portions or panels are configured, upon sealing of the lid, to be in thermal contact with the contents of a chamber interior on multiple, or all sides thereof (Baker; [0039]-[0040], see Fig. 5 at PCM layer 72F of door 5A, which, when door is closed, seals chamber along with PCM 58 to form a perimeter of phase change material. See also [0032], which states that PCM is used to heat or cool a chamber interior when power is not available to maintain an interior temperature). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the transport incubator of Holmes with the teaching of Baker so that the inner lid surface has one or more of the plurality of heat source portions or panels attached thereto, wherein the plurality of portions or panels are configured, upon sealing of the lid, to be in thermal contact with the multi-slot contact-thermal- transfer divider on multiple, or all sides thereof. The motivation would have been to strategically place the phase change material to thermally contact the samples within the transport incubator, in order to regulate the contents of the transport incubator to a desired temperature (Baker; [0032], [0039]-[0040], see Fig. 5).
Regarding claim 3, modified Holmes discloses the transport incubator of claim 1. Modified Holmes further discloses that the multi-slot contact-thermal-transfer divider is configured to have two or more multi-slot tiers or layers, each tier comprising a multi-slot contact-thermal-transfer divider in uniform thermal communication with the heat source (Holmes; Col. 1 Lns. 41-63, Col. 25 Lns. 24-64, the gaps in the tray may be filled with PCM, Col. 29 Lns. 42-60, see Figs. 2A-2B, 7 at trays 230a, 230b).
Regarding claim 4, modified Holmes discloses the transport incubator of claim 1. Modified Holmes further discloses that the multi-slot contact-thermal-transfer divider is housed within a frame (Holmes; Col. 1 Lns. 41-63, Col. 25 Lns. 24-64, Col. 29 Lns. 42-60, see Figs. 2A-2B, 7 at trays 230a, 230b, where the outer walls of the trays act as a frame).
Regarding claim 5, modified Holmes discloses the transport incubator of claim 4. Modified Holmes further discloses that the multi-slot contact-thermal-transfer divider and/or the frame is reversibly removable from the transport incubator (Holmes; Col. 2 Ln. 60-Col. 3 Ln. 8).
Regarding claim 6, modified Holmes discloses the transport incubator of claim 1. Modified Holmes further discloses that the heat source comprises a phase change material (PCM) in uniform thermal communication with the multi-slot contact-thermal-transfer divider (Holmes; Col. 1 Lns. 41-63, Col. 25 Lns. 24-64, the gaps in the tray may be filled with PCM, Col. 29 Lns. 42-60, see Figs. 2A-2B, 7 at trays 230a, 230b).
Regarding claim 7, modified Holmes discloses the transport incubator of claim 6. Modified Holmes further discloses that the phase change material (PCM) is configured in a plurality PCM portions or panels, each in thermal contact with the multi-slot contact-thermal-transfer divider (Holmes; Col. 1 Lns. 41-63, Col. 25 Lns. 24-64, the gaps in the tray may be filled with PCM, Col. 29 Lns. 42-60, see Figs. 2A-2B, 7 at trays 230a, 230b).
Regarding claim 8, modified Holmes discloses the transport incubator of claim 7. Modified Holmes further discloses that the sealable housing comprises the reversibly sealable lid with the inner lid surface, and wherein the plurality of PCM portions or panels are configured, upon sealing of the lid, to be in thermal contact with the multi-slot contact-thermal-transfer divider on multiple, or all sides thereof (Holmes; Col. 1 Lns. 41-63, Col. 25 Lns. 24-64, the gaps in the tray may be filled with PCM, Col. 29 Lns. 42-60, see Figs. 2A-2B, 7 at trays 230a, 230b. When the PCM is in the housing and within gaps in the tray, the PCM will be in uniform thermal communication with the trays on multiple or all sides. Further, see Figs. 2A-2B at top cover 210, which can be removed and placed to reversibly seal the housing).
Modified Holmes fails to explicitly disclose that the inner lid surface has one or more of the plurality of PCM portions or panels attached thereto.
Baker further teaches an inner lid surface that has one or more of a plurality of PCM portions or panels attached thereto, wherein a plurality of PCM portions or panels are configured, upon sealing of the lid, to be in thermal contact with the contents of a chamber interior on multiple, or all sides thereof (Baker; [0039]-[0040], see Fig. 5 at PCM layer 72F of door 5A, which, when door is closed, seals chamber along with PCM 58 to form a perimeter of phase change material. See also [0032], which states that PCM is used to heat or cool a chamber interior when power is not available to maintain an interior temperature). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the transport incubator of modified Holmes with the further teachings of Baker so that the inner lid surface has one or more of the plurality of PCM portions or panels attached thereto, and wherein the plurality of PCM portions or panels are configured, upon sealing of the lid, to be in thermal contact with the multi-slot contact-thermal-transfer divider on multiple, or all sides thereof. The motivation would have been to strategically place the phase change material to thermally contact the samples within the transport incubator, in order to regulate the contents of the transport incubator to a desired temperature (Baker; [0032], [0039]-[0040], see Fig. 5).
Regarding claim 9, modified Holmes discloses the transport incubator of claim 4. Modified Holmes further discloses that the multi-slot contact-thermal-transfer divider and/or a frame housing the multi-slot contact-thermal-transfer divider comprises, or is formed of, a highly thermally conductive material (Holmes; Col. 7 Lns. 19-21).
Modified Holmes fails to explicitly disclose that the highly thermally conductive material is metal.
Baker further teaches a metal such as aluminum as a highly thermally conductive material (Baker [0041]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the transport incubator of modified Holmes with the further teachings of Baker so that the highly thermally conductive material is a metal such as aluminum, as Baker teaches that aluminum is a highly thermally conductive material (Baker [0041]), and would therefore be suitable for use in the tray of Holmes, which requires a highly thermally conductive material (Holmes Col. 7 Lns. 19-21).
Regarding claim 10, modified Holmes discloses the transport incubator of claim 4. Modified Holmes further discloses that the multi-slot contact-thermal-transfer divider and/or a frame housing the multi-slot contact-thermal-transfer divider comprises, or is formed of, a highly thermally conductive material (Holmes; Col. 7 Lns. 19-21).
Holmes fails to explicitly disclose that the highly thermally conductive material is metal.
Baker further teaches aluminum as a highly thermally conductive material (Baker [0041]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the transport incubator of modified Holmes with the further teachings of Baker so that the highly thermally conductive material is aluminum, as Baker teaches that aluminum is a highly thermally conductive material (Baker [0041]), and would therefore be suitable for use in the tray of Holmes, which requires a highly thermally conductive material (Holmes Col. 7 Lns. 19-21).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Holmes in view of Baker as applied to claims 1 and 3-10 above, and further in view of Zander et al. (US Pub. No. 2017/0073628; hereinafter Zander; already of record).
Regarding claim 2, modified Holmes discloses the transport incubator of claim 1, and all limitations recited therein.
Modified Holmes fails to explicitly disclose a temperature and/or time recording and/or verification device in communication with the multi-slot contact-thermal-transfer divider, and configured for recording and/or verifying a thermal incubation history during transport and/or residence time of a sample specimen insertable within the multi-slot contact-thermal-transfer divider of the transport incubator.
Zander is in the analogous field of modular incubator systems (Zander [0001]), and teaches a temperature and/or time recording and/or verification device in communication with a system, configured for recording and/or verifying a thermal incubation history during transport and/or residence time of a sample specimen insertable within the system (Zander; [0036], [0051], [0059]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the transport incubator of Holmes with the teachings of Zanders to include a temperature and/or time recording and/or verification device in communication with the multi-slot contact-thermal-transfer divider, and configured for recording and/or verifying a thermal incubation history during transport and/or residence time of a sample specimen insertable within the multi-slot contact-thermal-transfer divider of the transport incubator, in order to ensure that the sample within the incubator remains at an optimum temperature for incubation (Zander [0059]), as well as to determine if a sample is exposed to undesirable temperatures, as well as to ensure that the sample is not exposed to an undesirably high transport time, which may affect the integrity of the sample.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Holmes in view of Baker as applied to claims 1 and 3-10 above, and further in view of Limbach et al. (US Pub. No. 2021/0156879; hereinafter Limbach; already of record).
Regarding claim 11, modified Holmes discloses the transport incubator of claim 1, and all limitations recited therein.
Modified Holmes fails to explicitly disclose that each slot or compartment of the multi-slot contact-thermal-transfer divider comprises at least two opposed internal surfaces configured to sandwich, by direct surface contact, surfaces of a sample specimen container insertable therebetween.
Limbach is in the analogous field of cuvette holders for controlling the temperature of liquid media (Limbach [0149]). Limbach further teaches a slot that comprises at least two opposed internal surfaces configured to sandwich, by direct surface contact, surfaces of a sample specimen container insertable therebetween (Limbach; [0371], see Figs. 15a-15c at walls of receptacles 823). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the transport incubator of modified Holmes with the teachings of Limbach so that each slot or compartment of the multi-slot contact-thermal-transfer divider comprises at least two opposed internal surfaces configured to sandwich, by direct surface contact, surfaces of a sample specimen container insertable therebetween, in order to ensure optimal heat transfer (Limbach; [0371], see Figs. 15a-15c).
Response to Arguments
Applicant's arguments filed March 6, 2026 have been fully considered but they are not persuasive.
Applicant argues on Pgs. 9-10 of their Remarks that neither Baker nor Holmes teach an inner lid surface having one or more of the plurality of heat source portions or panels attached thereto. The Applicant argues that rather than being attached, the PCM layer of Baker is permanently disposed within the door chamber 76. However, the Examiner respectfully disagrees that the PCM layer of Baker is not attached to the door, just because it permanently disposed within the door chamber. Under broadest reasonable interpretation, “attached” means joined, fastened, or connected to something. In this case, the PCM layer of Baker is connected to the door by being permanently disposed within the door chamber, i.e., the PCM layer is attached to the door.
Applicant further argues on Pg. 10-11 of their Remarks that neither Baker nor Holmes teach that the plurality of PCM portions or panels are configured, upon sealing of the lid, to be in thermal communication with the divider on multiple, or all sides thereof. The Applicant argues that the PCM material of Baker is spaced far apart from the storage items, and is therefore not in thermal communication with the storage items. The Examiner respectfully disagrees. First, the primary reference Holmes teaches in Col. 1 Lns. 41-63, Col. 25 Lns. 24-64, , Col. 29 Lns. 42-60, and Figs. 2A, 2B, and 7 that upon sealing of a lid, PCM portions are in thermal communication with the divider on multiple or all sides thereof. Second, Applicant’s argument that because the PCM material of Baker is physically far apart from the storage items, that the PCM material is not in thermal contact with the storage items, is unpersuasive. At least [0032] of Baker shows that the PCM material helps to heat or cool the chamber interior to a desired temperature, i.e. the PCM material is in thermal contact with the storage items.
Finally, regarding Applicant’s arguments on Pg. 10-11 of their Remarks that one having ordinary skill in the art before the effective filing date of the invention would not have been motivated to combine the teachings of Baker with Holmes to arrive at the claimed invention, the Examiner respectfully disagrees. At least [0032] of Baker, which states that the PCM material helps to heat or cool the chamber interior to a desired temperature, can be used as the rational underpinning to support the legal conclusion of obviousness.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to John McGuirk whose telephone number is (571)272-1949. The examiner can normally be reached M-F 8am-530pm.
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/JOHN MCGUIRK/Examiner, Art Unit 1798
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