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 .
Drawings
The drawings were received on 02/05/2026. These drawings are acceptable.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “an electronic device” in claim 1 is understood to be one of a controller, data-loggers, a GPS unit, wireless transmitters or transceivers, or computer processors (see ¶ 0049 of the publication).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
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.
Claim(s) 1, 3, 5, 8-10, 12, 13, 15 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over McCormick (US 2019/0063688) in view of Kimoto et al. (US 6,610,439) and further in view of Iarocci et al. (US 2005/0005614 A1).
In regard to claims 1 and 21, McCormick teaches a system for recalibrating a temperature reading of a dewar (18), comprising:
a vapor plug (10) (see fig. 1, 2), comprising:
a vapor plug cover (14) comprising a circular lid of the vapor plug (10) (see fig. 1 and 2 wherein the vapor plug cover 14 is a circular lid) having a first recess defined into a center of the vapor plug cover (14) (the entire inside part of the vapor plug cover 14 wherein the shell 66 positioned, which also includes a center of the vapor plug cover 14), the first recess (the inside of 14) having a first shape (circular) (see ¶ 0041; fig. 1, 2);
a neck (12) extending from the vapor plug cover (14), and away from the first recess (see that the neck (12) is away from the first recess, which is the inside of the vapor plug cover 14), the neck configured to be inserted into an opening (22) of the dewar (18) (see fig. 1, 2); and
a sensor (74) positioned on the neck (12) at an end of the neck (12) opposite the vapor plug cover (14), the sensor (74) configured to detect at least one parameter associated with the dewar (see ¶ 0044-0045); and
a padding (66) disposed in the first recess (inside of 14) and having a shape (circular) corresponding to the first shape (see fig. 2; ¶ 0041), wherein the padding has a second recess (70) defined into the padding (66) and the second recess (70) has a second shape (rectangular, see fig. 2) that has a smaller volume than has the first shape (circular shape of the padding (66) (see fig. 2; ¶ 0041-0042);
the padding (66) further include a padding channel (the channel wherein the wire passes through) extending from the second recess (70) to receive a wire (76) (see fig. 2); In this case, the electronic device (60) inside the second recess (70) is connected with the wire (76), which implies a padding channel extending from the second recess;
an electronic device (electronic device 60) having a third shape (it is implicitly obvious that the electronic device 60 has its own shape) corresponding to the second shape (the shape of recess 70) and disposed in the second recess (70) of the padding (66), the electronic device (60) being in communication with the sensor (74) by the wire (76) connecting the electronic device (60) to the sensor (74), the electronic device configured to receive, and transmit the at least one parameter from the sensor (74) (see ¶ 0044-0047; fig. 2),
McCormick further teaches the vapor plug (10) comprises a channel (the channel 44 wherein the wire 76 passes through, ¶ 0045) disposed through the vapor plug (10), the channel (44) extends through the vapor plug cover (14) and the neck (12) (see ¶ 0045; fig. 2), and wherein the channel (44) comprises a passageway to receive the wire (76) from the padding channel (the channel wherein the wire connects with electronic device) and the electronic device (60) in the second recess (70) of the padding (66) (see McCormick ¶ 0045, fig. 2), but does not explicitly teach the channel comprises a wire storage cavity defined into the neck adjacent to the vapor plug cover and having a larger cross section than the passageway, and the wire storage cavity configured to receive excess of the wire.
McCormick teaches the vapor plug comprises a channel disposed through the vapor plug the neck, but does not explicitly teach the channel comprises a wire storage cavity defined into the neck adjacent to the vapor plug cover and having a larger cross section than the passageway, and the wire storage cavity configured to receive excess of the wire.
However, Kimoto teaches a battery case comprising a case bodies (4), of which upper open ends are closed integrally by a lid member (5), wherein the lid (5) comprises a channel (16) disposed and extending through Lid body (5), and wherein the channel (16) comprises a passageway (16) to receive a wire (19 and 20), and a wire storage cavity (see 16 tapered via 16c into a larger cross section) defined into the lid body and having a larger cross section than the passageway (bottom section of 16) (see fig. 3), the wire (19 and 20) coupled to a sensor (17), and the wire storage cavity (the larger cross section of 16) configured to receive excess of the wire (20) (see fig. 3-7; col. 4, line 61 to col. 5, line 13).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the passageway of the channel of McCormick to comprise a wire storage cavity that has a larger cross section than the passageway, in view of the teachings of Kimoto, for the purpose of keeping the sensor wire in a fixed position for consistent readings, preventing bending or breaking of the sensor wires ensuring long term reliability.
The modified McCormick in view of Kimoto teaches an electronic device (60) configured to receive and transmit a parameter from the sensor (74) (¶¶ 0039–0047), but does not explicitly teach: (a) the electronic device configured to recalibrate the sensor parameter, or (b) a payload area configured to maintain a temperature of an environment surrounding the payload.
Iarocci teaches a cryogenic dewar storage system comprising a vessel or Dewar (130) defining a second space (144-the payload area) configured to receive biological payloads (¶¶ 0003, 0021) and configured to maintain a temperature of the environment surrounding the payload: "An object of the present disclosure is to use a cryogen or refrigerant to maintain an isothermal volume at a stable temperature" (¶ 0007), achieved by a temperature control assembly (170) operating to maintain a selected temperature in the second space (144) (¶¶ 0036, 0040; Fig. 7). Iarocci further teaches the temperature control assembly (170) expressly comprises a temperature sensor (174) and a thermostatic controller (178) (¶ 0029; Fig. 7), and the thermostatic controller (178) compares a temperature value from the temperature sensor (174) to a reference value stored therein and energizes or de-energizes heater (176) to correct the temperature in second space (144) to the desired value (¶ 0025, 0031-0032, 0035). This is precisely recalibration: the controller uses the sensor reading and a stored reference value to bring the actual payload area temperature to its target, thereby correlating the sensor reading with the actual temperature of the environment surrounding the payload.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to configure the electronic device of McCormick to perform recalibration as taught by Iarocci, in order to accurately correlate the sensor reading with the actual temperature of the payload area and maintain the surrounding environment at the target temperature, because both McCormick and Iarocci are directed to cryogenic dewar systems for biological sample storage and Iarocci teaches that correlating a sensor reading against an actual payload area temperature to actively maintain the surrounding thermal environment is the standard approach for accurate temperature management in such systems. See Iarocci ¶¶ 0005–0009, 0031.
In regard to claim 3, McCormick teaches the system of claim 1, wherein the at least one parameter being at least one of humidity and temperature within a payload area of the dewar (see McCormick ¶ 0008, 0016, 0040, 0044).
In regard to claim 5, McCormick teaches the system of claim 1, wherein the electronic device is a data logger configured to receive, store, and transmit data from the sensor (see McCormick ¶ 0039, 0040, 0044). McCormick teaches the electronic device 60, which comprises more than one type of electronic device include electronic sensors, data-loggers, a GPS unit, wireless transmitters or transceivers, and computer processors.
In regard to claim 8, McCormick teaches the system of claim 1, wherein the wire (76) secured in the channel is configured to electronically couple the electronic device (60) and at least one of (i) a sensor controller connected to the sensor or (ii) the sensor (74) (see McCormick ¶ 0045, fig. 2; see also the rejection of claim 1 in view of Iarocci).
In regard to claim 9, McCormick teaches the system of claim 1, further comprising a display coupled to the electronic device, the display configured to receive the recalibrated parameter (in this case temperature reading) from the electronic device and to display the recalibrated parameter (see ¶ 0044, 0047; see also the rejection of claim 1 in view of Iarocci). McCormick teaches a temperature sensor can be used to monitor the temperature of the storage cavity 20 of the container 18 over time for real-time or intermittent transmission to a cloud-based database, for example, or for recordation and later retrieval of a temperature-time profile of the storage cavity during shipment or storage.
In regard to claims 10, McCormick teaches a vapor plug system, comprising:
a vapor plug (10) configured to at least partially seal a dewar (18) (see fig. 1, 2), the vapor plug (10) comprising a vapor plug cover (14) and neck (12), the vapor plug cover (14) comprising a lid of the vapor plug having a first recess (the inside of 14) defined into the vapor plug cover (14), the first recess having a first shape (circular) (see ¶ 0041; fig. 1, 2; the first recess is the entire inside part of the vapor plug cover 14 wherein the shell 66 positioned, which also includes a center of the vapor plug cover 14); and the neck (12) comprising a member extending from the vapor plug cover (14) and away from the first recess (the inside of 14) (see fig. 1, 2), the neck (12) configured to be inserted into an opening (24) of the dewar (18) (see ¶ 0023) and the vapor plug cover (14) being disposed outside of the dewar (18) and adjacent to the opening (24) (see fig. 2);
a sensor (74) coupled to the vapor plug (10) on the neck (12) of the vapor plug (10); the sensor (74) configured to detect a temperature within the dewar (18) (see fig. 2; ¶ 0044-0045);
an electronic device (electronic device 60) comprising a processor (¶ 0040) operatively coupled to the sensor (74) (see ¶ 0039, 0040, 0044-0045), the processor configured to:
receive, from the sensor (74), a temperature reading of the dewar (18) (see ¶ 0044);
a padding (66) disposed in the first recess (inside of 14) and having a shape (circular) corresponding to the first shape (see fig. 2; ¶ 0041), wherein the padding defines a second recess (70), wherein the electronic device (60) is disposed in the second recess (70) (see fig. 2; ¶ 0041-0042);
wherein the vapor plug (10) comprises a channel (the channel 44 wherein the wire 76 passes through, ¶ 0045) disposed through the vapor plug (10), the channel (44) extends from the first recess (inside of 14 where padding 66 disposed) and through the vapor plug cover (14) and the neck (12) (see ¶ 0045; fig. 2), wherein the channel (44) comprises a passageway (44 is a passage for wire 76, see fig. 2; ¶ 0045) to receive a wire (76), the wire (76) passing from the sensor (74) then into the passageway and into the first recess (inside of 14) and into the second recess (70) in that order, and connected to the electronic device (60) (see McCormick ¶ 0045, fig. 2);
McCormick teaches the vapor plug comprises a channel disposed through the vapor plug the neck, wherein the vapor plug comprises a channel (44) disposed through the vapor plug the neck, wherein the channel is configured to receive a wire (76), the wire coupled to the sensor (74) but does not explicitly teach the channel comprises a wire storage cavity defined into the neck adjacent to the vapor plug cover and having a larger cross section than the passageway, and the wire storage cavity configured to receive excess of the wire.
However, Kimoto teaches a battery case comprising a case bodies (4), of which upper open ends are closed integrally by a lid member (5), wherein the lid (5) comprises a channel (16) disposed and extending through Lid body (5), and wherein the channel (16) comprises a passageway (16) to receive a wire (19 and 20), and a wire storage cavity (see 16 tapered via 16c into a larger cross section) defined into the lid body and having a larger cross section than the passageway (bottom section of 16) (see fig. 3), the wire (19 and 20) coupled to a sensor (17), and the wire storage cavity (the larger cross section of 16) configured to receive excess of the wire (20) (see fig. 3-7; col. 4, line 61 to col. 5, line 13).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the passageway of the channel of McCormick to comprise a wire storage cavity that has a larger cross section than the passageway, in view of the teachings of Kimoto, for the purpose of keeping the sensor wire in a fixed position for consistent readings, preventing bending or breaking of the sensor wires ensuring long term reliability.
an electronic device (electronic device 60) comprising a processor (¶ 0040) operatively coupled to the sensor (74) (see ¶ 0039, 0040, 0044-0045), but does not explicitly teach that the processor is configured to recalibrate the temperature reading based on a preprogrammed data set indicative of an expected temperature deviation.
However, Iarocci directly teaches thermostatic controller 178 stores a reference value representing the desired payload area temperature: "the desired temperature of the second space (144) is stored in the thermostatic controller (178) as a reference value" (¶ 0031). This stored reference value is precisely a preprogrammed data set indicative of an expected temperature deviation — it encodes the correct payload area temperature against which the sensor reading is compared to determine the deviation and recalibrate accordingly. Iarocci further teaches the thermostatic controller (178) then uses this preprogrammed reference to correct heater (176) output and bring second space (144) to the desired temperature value (See ¶ 0031; Fig. 7).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to configure McCormick's processor/electronic device (60) to store and apply a preprogrammed reference data set for recalibration as taught by Iarocci, in order to provide accurate and repeatable temperature correction based on known expected deviations, because Iarocci establishes that storing a reference temperature value in the controller and using it to correct sensor-based deviations is the well-known standard approach for accurate temperature management in cryogenic biological storage systems.
In regard to claim 12, McCormick teaches the vapor plug system of claim 11, further comprising: a memory (data-logger 60) configured to store the preprogrammed data set indicative of the expected temperature deviation (see McCormick ¶ 0044; see also the rejection of claim 10 above in view of Iarocci, ¶ 0031). Data loggers comprises a microprocessor, an internal memory for data storage, and a sensor to collect data.
In regard to claim 13, McCormick teaches the vapor plug system of claim 10, wherein the electronic device (60) is a data logger configured to receive, store, and transmit data from the sensor (see McCormick ¶ 0044). Data loggers comprises a microprocessor, an internal memory for data storage, and a sensor to collect data.
In regard to claim 15, McCormick teaches the vapor plug system of claim 14, wherein McCormick teaches the channel (44) is disposed through the periphery of both the vapor plug cover (14, since the wire 76 extends into the recess 70) and (ii) the neck (12) (see fig. 2), but does not explicitly teach the channel is disposed through a center. However, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the location of the channel of McCormick from the periphery to the center of the vapor plug cover and the neck, as claimed. The particular placement of the channel on a circular cover (periphery versus center) is considered to be a matter of obvious engineering expedient absent a showing of criticality or unexpected results. Both locations provide a passage for the sensor wire to extend through the vapor plug cover and the neck, and relocating the channel would have been a predictable variation within the skill of the art. See KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398 (2007) (predictable variation).
In regard to claim 21, please the rejection of the claim 1 above, wherein all the structural limitations and wire storage cavity are taught by McCormick and Kimoto as set forth above.
The modified McCormick in view of Kimoto teaches an electronic device (60) configured to receive and transmit a parameter from the sensor (74) (¶¶ 0039–0047), but does not explicitly teach (i) the temperature detected by the sensor includes a deviation from an actual payload area temperature, and (ii) the electronic device is configured to recalibrate the temperature detected by the sensor to reflect the deviation.
However, Iarocci directly and explicitly teaches both sub-elements. Regarding the inherent sensor deviation, Iarocci acknowledges that the sensor reading will deviate from the actual desired payload area temperature: "the target temperature in the second space 144 will be slightly lower than the desired temperature" due to heat balance design (¶ 0032). This is an express teaching that the temperature detected by the sensor includes a known deviation from the actual payload area temperature. Regarding recalibration to reflect the deviation, Iarocci teaches that the thermostatic controller (178) compares the temperature sensor (174) reading to the stored reference value and energizes heater 176 to correct the second space (144) temperature to the desired value (¶ 0031). The combination of temperature sensor (174), heater (176), and thermostatic controller (178) "will balance the second space 144 at the desired temperature" by accounting for and correcting that known deviation (¶ 0032; Fig. 7). This is precisely recalibrating the detected temperature to reflect the deviation between the sensor reading and the actual payload area temperature.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to configure McCormick's electronic device (60) to recalibrate the sensor reading to reflect its deviation from the actual payload area temperature as taught by Iarocci, in order to provide an accurate corrected temperature reading corresponding to the actual environment surrounding the payload, because Iarocci expressly identifies this deviation as an inherent characteristic of cryogenic dewar temperature sensing systems and teaches that correcting for it via a controller working with the sensor is the standard solution for reliable temperature management. See Iarocci ¶¶ 0029–0032; Fig. 7.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over McCormick, Kimoto and Iarocci as applied to claim 1 above, and further in view of Bollinger (US 2020/0003367).
In regard to claim 4, McCormick teaches the system of claim 1, wherein McCormick teaches a temperature sensor (74) used to monitor the temperature of the storage cavity (20) of the dewar (18) (see ¶ 0044), but does not explicitly teach the temperature sensor is a thermocouple.
However, Bollinger teaches a vapor plug (100) comprising a thermocouple channel (114) that allows a lead wire of a thermocouple to exit the dewar (202), wherein a thermocouple that measures and/or monitors the temperature within the dewar (202) and provide the temperature to another electronic device, such as a smart data logger (see ¶ 0039).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the temperature sensor of McCormick with a thermocouple sensor as an obvious substitution of one well known temperature sensing device with a thermocouple, in view of the teachings of Bollinger, to obtain a predictable results of providing a wide range of temperature reading, and to respond quickly to temperature changes to provide real time monitoring.
Response to Arguments
Applicant’s arguments with respect to the amended claims have been considered but are moot in view of the new ground(s) of rejection (in view of Iarocci et al. US 2005/0005614 A1).
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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/W.M/Examiner, Art Unit 3763
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763
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