DETAILED ACTION
I. This office action is in response to the correspondence filed on November 01, 2022. Claims 1-20 are pending and being examined.
Notice of Pre-AIA or AIA Status
II. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
III. The information disclosure statement filed January 27, 2025 fails to comply with the provisions of 37 CFR 1.98(a)(4) because it lacks the appropriate size fee assertion. It has been placed in the application file, but the information referred to therein has not been considered as to the merits.
Allowable Subject Matter
IV. The following is a statement of reasons for the indication of subject matter allowable over the prior art:
The closest prior art found is Woolf et al. (US 2020/0072538 A1); Tsubone (US 2010/0107635 A1); and Gravelle et al. (US 2023/0028034 A1).
Woolf teaches a cold storage facility comprising a cold storage enclosure; a plurality of temperature sensors for sensing temperature levels at a plurality of locations within the cold storage enclosure; and a control system for determining a thermal model of the enclosed space based on temperature levels sensed by the temperature sensors and controlling the temperature in the cold storage enclosure (see paragraphs [0034] – [0035] and claim 1).
Tsubone teaches determining an amount of thermal energy in a thermal storage device and predicting a change in the amount of thermal energy using a temperature sensor (see paragraphs [0010] & [0039]).
Gravelle teaches a multi-zone storage and retrieval system and method for controlling a robotic store/retrieval vehicles (RSRVs) including a three-dimensional (3D) storage structure (see abstract and paragraphs [0090] & [0175] – [0176]).
Claim 1 contains subject matter allowable over the prior art because the prior art does not teach
(a) generating a three dimensional representation of features within a specified area within a cold storage structure, wherein the features comprise one or more of storage locations, aisles, walls and monitoring equipment;
(b) communicating wirelessly between a transceiver collocated with the item in the specified area and one or more reference point transceivers;
(c) generating a set of positional coordinates and an orientation for the item within the specified area within the cold storage structure based upon results from step (b);
(d) quantifying amounts of thermal energy at disparate positions included in the specified area within the cold storage structure with a thermal energy detection apparatus;
(e) receiving a query from a smart device of an agent externally located at the cold storage structure; and
(f) generating, in response to the query, a user interface comprising a 3D temperature profile surrounding at least the item within the specified area within the cold storage structure, the user interface comprising at least portions of the three dimensional representation of the features within the specified area and the quantified amounts of thermal energy at the disparate positions included in the specified area, the set of positional coordinates, and the orientation of the item.
Claims 2-20 contain subject matter allowable over the prior art based on their dependence on independent claim 1.
Claims 7-20 are objected to as being dependent upon a base claim rejected for double patenting, but may be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
V. Claims 1-6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 and 19-20 of U.S. Patent No. 10,902,160 B2 in view of U.S. Patent No. 10,831,332 B2 to Ullrich et al. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the 10,902,160 patent in view of Ullrich teach similar limitations on monitoring a cold chain.
Claim Mapping:
Claim 1 of the instant application and claim 1 of U.S. Patent 10,902,160 is mapped below.
Instant Application
Patent No. 10,902,160
A method of remotely monitoring an item in a cold chain comprising:
(a) generating a three dimensional representation of features within a specified area within a cold storage structure,
wherein the features comprise one or more of storage locations, aisles, walls and monitoring equipment;
(b) communicating wirelessly between a transceiver collocated with the item in the specified area and one or more reference point transceivers;
(c) generating a set of positional coordinates and an orientation for the item within the specified area within the cold storage structure based upon results from step (b);
(d) quantifying amounts of thermal energy at disparate positions included in the specified area within the cold storage structure with a thermal energy detection apparatus;
(e) receiving a query from a smart device of an agent externally located at the cold storage structure; and
(f) generating, in response to the query,
a user interface comprising a 3D temperature profile surrounding at least the item within the specified area within the cold storage structure, the user interface comprising at least portions of the three dimensional representation of the features within the specified area and the quantified amounts of thermal energy at the disparate positions included in the specified area, the set of positional coordinates, and the orientation of the item.
A method of monitoring a cold storage structure comprising:
(a) generating a representation of a surface topography within a specified area within a structure;
(b) wirelessly communicating between a transceiver collocated with an item in the specified area and one or more reference point transceivers;
(c) based upon the wirelessly communicating between a transceiver collocated with an item in the specified area and one or more reference point transceivers, generating positional coordinates for the items with the specified area with the structure;
(d) with a thermal energy detection apparatus, quantifying amounts of thermal energy at disparate positions included in the specified area within the structure;
(e) generating a user interface comprising a 3D temperature profile of the items within a specified area within the structure, the user interface comprising at least portions of the representation of the surface topography and the quantified amounts of thermal energy at disparate positions included in the specified area within the structure;
(f) at selected time intervals repeat the step of quantifying amounts of thermal energy at disparate positions included in the specified area within the structure;
(g) with a controller monitoring the thermal energy at disparate positions included in the specified area within the structure for an increase or a decrease in thermal energy outside a predetermined temperature range; and
(h) if an amount of thermal energy at the disparate positions included in the specified area within the structure fall outside the predetermined temperature range, with a controller initiate one or both of: an influx of air to a predetermined position in the structure or initiate an extraction of air from a predetermined position in the structure.
The claims of the 10,902,160 patent do not teach generating a three dimensional representation of features, wherein the features comprise one or more of storage locations, aisles, walls and monitoring equipment; generating a set of positional coordinates and an orientation for the item; and
portions of the three dimensional representation of the features within the specified area and the set of positional coordinates, and the orientation of the item.
Ullrich teaches generating a three dimensional representation of features, wherein the features comprise one or more of storage locations, aisles, walls and monitoring equipment; generating a set of positional coordinates and an orientation for the item; and portions of the three dimensional representation of the features within the specified area and the set of positional coordinates, and the orientation of the item (see col. 1, lines 36-39; claim 14 and Figure 5C; 8B; 17B, The user interface defines a structure using a plurality of elements being in three dimensional shape. The elements may be a roof, wall, entrance, walkways (aisles), and may be manipulated using a touch screen user interface (monitoring device). User and element position may be displayed on the user interface including orientation which may be changed using the user interface. This reads on generating a three dimensional representation of features, wherein the features comprise one or more of storage locations, aisles, walls and monitoring equipment; generating a set of positional coordinates and an orientation for the item; and portions of the three dimensional representation of the features within the specified area and the set of positional coordinates, and the orientation of the item).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the claims of the 10,902,160 patent adapt to include generating a three dimensional representation of features, wherein the features comprise one or more of storage locations, aisles, walls and monitoring equipment; generating a set of positional coordinates and an orientation for the item; and portions of the three dimensional representation of the features within the specified area and the set of positional coordinates, and the orientation of the item because features such as storage locations, aisles, walls and monitoring equipment are well-known to be included in the cold storage structure in the claims of the 10,902,160 patent. Generating three dimensional modeling of the features can be incorporated into the claims of the 10,902,160 patent using known techniques and would allow for an improved user experience by providing 3D object modeling and monitoring.
Claim 2 is also rejected under obviousness-type double patenting by claim 1 of the 10,902,160 patent in view of Ullrich.
Claim 3 is also rejected under obviousness-type double patenting by claim 2 of the 10,902,160 patent in view of Ullrich.
Claim 4 is also rejected under obviousness-type double patenting by claim 2 of the 10,902,160 patent in view of Ullrich.
Claim 5 is also rejected under obviousness-type double patenting by claim 19 of the 10,902,160 patent in view of Ullrich.
Claim 6 is also rejected under obviousness-type double patenting by claim 20 of the 10,902,160 patent in view of Ullrich.
Conclusion
VI. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Childs et al. Pub. No.: US 2020/0383356 A1 discloses system and method for infrared dehydrofreezing and dehydrofreeze-drying including agricultural pharmaceuticals, vaccines, drugs, various food and seafood products (see paragraphs [0024]; [0027]; [0032]; [0035]).
Deutsch et al. Pub. No.: US 2021/0040472 A1 discloses methods and apparatuses for manufacturing for removing material from a therapeutic composition including storing and transferring while stored cold an mRNA vaccine (see paragraph [0054]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDON J MILLER whose telephone number is (571)272-7869. The examiner can normally be reached M-F.
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/BRANDON J MILLER/ Primary Examiner, Art Unit 2647
July 30, 2026
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