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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 March 23rd, 2026 has been entered.
Response to Arguments
Applicant's arguments filed March 23rd, 2026 have been fully considered but they are not persuasive.
Applicant argues on Pg. 8 (as numbered by the Applicant) of the Remarks “As noted in prior responses, a claim that does not recite the term "means" or "step" triggers the rebuttable presumption that Section 112(f) does not apply (see MPEP § 2181), which is the case here. Applicant submits that the Examiner has failed to rebut the presumption, and our arguments supporting that conclusion are fully stated in a prior response and incorporated herein by reference. Applicant restates its belief that adequate structure is described, and applicant does not acquiesce in the Examiner's interpretation.” However, this argument is not persuasive as the definite structure cited by the applicant are mere recitations of placement for the items and not recitations of the structure that defines the items interpreted under 112(f) herein. The Examiner maintains the 112(f) interpretations as described herein.
Applicant’s arguments, see Pg. 8-10 (as numbered by the Applicant) of the Remarks, filed March 23rd, 2026, with respect to the rejections of claims 1 and 11 under 35 U.S.C 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, new grounds of rejection are made in view of Li et al. (CN 106091018) and Reed et al. (US Patent No. 4,326,383).
Applicant’s arguments, see Pg. 10 (as numbered by the Applicant) of the Remarks, filed March 23rd, 2026, with respect to the 35 U.S.C 103 rejection of claim 18 have been fully considered and are persuasive. The 35 U.S.C 103 rejection of claim 18 has been withdrawn.
Claim Objections
Claims 1-7, 9, and 18 are objected to because of the following informalities:
Claim 1, line 5: “a shipping container” should read “the shipping container”
Claim 18, line 16: “a single plane” should read “the single plane”
Claims 2-5 are also objected to by virtue of their dependency on claim 1.
Claims 6-7 and 9 are also objected to by virtue of their dependency on claim 3.
Appropriate correction is required.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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:
Claim 3, line 2: “geo-tracking device” draws corresponding structure to the following recitation of the specification, “a geo-tracking device coupled to the control PCB 230, e.g., a global positioning system device having an integrated accelerometer (not shown) (Pg. 7, paragraph 37)”, or equivalents.
Claim 4 line 2: “accelerometer device” draws corresponding structure to the following recitation of the specification, “a geo-tracking device coupled to the control PCB 230, e.g., a global positioning system device having an integrated accelerometer (not shown) (Pg. 7, paragraph 37)”, or equivalents.
Claim 5, line 2: “hygrometer device” draws corresponding structure to the following recitation of the specification, “a hygrometer for measuring humidity within the container (Pg. 7, paragraph 37)” , or equivalents.
Claim 11, line 2: “closure mechanism” draws corresponding structure to the following recitation of the specification, “latch mechanism 30 (such as Southco No., K2-3005-89) (Pg. 3, paragraph 24)”, or equivalents.
Claim 13, line 2: “geo-tracking device” draws corresponding structure to the following recitation of the specification, “a geo-tracking device coupled to the control PCB 230, e.g., a global positioning system device having an integrated accelerometer (not shown) (Pg. 7, paragraph 37)”, or equivalents.
Claim 14 line 2: “accelerometer device” draws corresponding structure to the following recitation of the specification, “a geo-tracking device coupled to the control PCB 230, e.g., a global positioning system device having an integrated accelerometer (not shown) (Pg. 7, paragraph 37)”, or equivalents.
Claim 15, line 2: “hygrometer device” draws corresponding structure to the following recitation of the specification, “a hygrometer for measuring humidity within the container (Pg. 7, paragraph 37)” , or equivalents.
Claim 18, line 2: “closure mechanism” draws corresponding structure to the following recitation of the specification, “latch mechanism 30 (such as Southco No., K2-3005-89) (Pg. 3, paragraph 24)”, or equivalents.
Claim 18, line 7: “thermal element” draws corresponding structure to the following recitation of the specification, “The thermal element is a conventional device, such as a Peltier thermoelectric cooling unit ("TEC"), e.g., CUI Devices No. CP20151, that transfers heat from one side to the other when a DC voltage is applied (Pg. 5, paragraph 32)”, or equivalents.
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 § 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 11-17 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.
Claim 11 recites the limitation "the support bracket" in line 7. There is insufficient antecedent basis for this limitation in the claim. The Examiner recommends changing “the support bracket" in line 7 of claim 11 to “the bracket” which is given proper antecedent basis in line 4 of claim 11.
Claims 12-15 are also rejected by virtue of their dependency on claim 11.
Claims 16-17 are also rejected by virtue of their dependency on claim 13.
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.
Claims 1-2 and 11-12 rejected under 35 U.S.C. 103 as being unpatentable over Tsuno (US Patent No. 11,143,448), hereinafter Tsuno in view of Li et al. (CN 106091018), hereinafter Li and Reed et al. (US Patent No. 4,326,383), hereinafter Reed.
Regarding claim 1, Tsuno discloses an apparatus for temperature control (Fig. 1; Abstract, Provided is a transport device which can perform easily thermal storage temperature controlling treatment of the thermal storage material even at a cell transport destination) of a sample package (Fig. 1, transported object 90, 91, 92, 93) in a shipping container (Fig. 1, transport device 10), comprising:
a thermal sleeve (Fig. 1, heat transferring body 161) sized to hold the sample package (Fig. 1, transported object 90, 91, 92, 93; Fig. 2 of Tsuno depicts storage space 170 of the heat transferring body being sized to hold the transported objects 91, 93, 93);
a support bracket supporting the thermal sleeve (Fig. 1, box body 164, engaged portion 165) and configured for affixation within a shipping container (Fig. 1 of Tsuno depicts box body 164, engaged portion 165 affixed within the transport device 10 and supporting the heat transferring body 161);
a thermoelectric cooling unit affixed between the support bracket and the thermal sleeve (Fig. 1, cooling element 163; Fig. 1 of Tsuno depicts the cooling element 13 to be affixed between the box body 164 and the heat transferring body 161);
a heat sink having fins, a back plate, and configured to be held immediately adjacent a vented opening (Fig. 1, radiator 166; See annotated Fig. 1 of Tsuno below, radiator 166 is depicted to have a back plate C and fins D extending from the back plate C away from the heat transferring body 161, the box body 164 and engaged portion 165, and the cooling element 163; Col. 10, lines 7-10, The radiator 166 is, for example, a heat sink and emits the heat in the cooling element 163. A fan 167 discharges the heat emitted from the radiator 166 to the outside of the temperature controlling device 160; Further, the teachings of discharging heat from the radiator 166 via the fan 167 at least imply a vented opening in the shipping container since it has been held in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom (MPEP 2144.01));
at least one temperature sensor (Fig. 1, temperature sensor 171, 140) disposed proximate the thermal sleeve (Fig. 1 of Tsuno depicts the temperature sensor 171, 140 disposed proximate the heat transferring body 161); and
a circuit (Fig. 1, controller 168) coupled to the temperature sensor, to the thermoelectric cooling unit, and to a power source (Col. 9, lines 9-12, Note that the temperature controlling device 160 may include a built-in power source such as a battery or a power cord for supplying power from an external power source; Col. 9, lines 58-60, The cooling element 163 is, for example, a Peltier element, and cools or heats the heat transferring body 162 on the basis of an order from the controller 168; Col. 10, lines 11-17, The controller 168 manages the heat storage temperature controlling treatment on the basis of the temperature information output from the temperature sensor 171 of the double wall container 110 and the temperature sensor 140 of the transport device 10. The heat storage temperature controlling treatment by the controller 168 will be described later with reference to FIG. 7; Col. 12, lines 27-31, In the state where a power can be secured, the controller 168 may perform temperature holding treatment after storing and transporting the transported object 90. As a result, the transported object 90 can be transported in a good state, and the time for transporting can be prolonged), the circuit configured to (i) obtain temperature data from the temperature sensor (Col. 9, lines 46-50, The temperature of the temperature controlling heat transferring body 161 may be measured by the temperature sensor 171. The measurement result of the temperature sensor 171 is used for temperature control management as will be described later with reference to FIG. 7), and (ii) provide power from the power source to the thermoelectric cooling unit as needed to maintain the temperature data within a specified temperature range (Col. 10, lines 11-17, The controller 168 manages the heat storage temperature controlling treatment on the basis of the temperature information output from the temperature sensor 171 of the double wall container 110 and the temperature sensor 140 of the transport device 10. The heat storage temperature controlling treatment by the controller 168 will be described later with reference to FIG. 7; Col. 9, lines 58-60, The cooling element 163 is, for example, a Peltier element, and cools or heats the heat transferring body 162 on the basis of an order from the controller 168; Col. 12, lines 27-31, In the state where a power can be secured, the controller 168 may perform temperature holding treatment after storing and transporting the transported object 90. As a result, the transported object 90 can be transported in a good state, and the time for transporting can be prolonged).
However, Tsuno as modified does not disclose a pair of heat pipes affixed to the support bracket adjacent the thermoelectric cooling unit then extending laterally in a single plane, each one of the pair of heat pipes extending in opposite directions and each one of the pair of heat pipes affixed to a respective back plate of one of a pair of heat sinks.
Li teaches a pair of heat pipes affixed to the support bracket adjacent the thermoelectric cooling unit then extending laterally in a single plane, each one of the pair of heat pipes extending in opposite directions and each one of the pair of heat pipes affixed to a respective back plate of one of a pair of heat sinks (Fig. 8, dustproof sleeve 23, heat conducting body 16, heat conducting rods 17, heat transfer plates 4, radiating plate 10; Pg. 7, as shown in FIGS. 7 and 8, in this embodiment, heating element 3 comprises a heat conducting body 16, and several heat conduction body distribution of the 17, one end of each heat conducting rod 17 passes through the hole 8 and matched with the corresponding heat transfer plate 4, the heat conducting body 16 has a dust cover 23, dust blocking sleeve is provided at a peripheral edge of the heat-conducting body, the base 21 and the heat-conducting piece, the base is sleeve. can be effectively reduced by setting the dust blocking sleeve enters the pedestal matched with the heat conducting piece surface dust).
Tsuno fails to teach a pair of heat pipes affixed to the support bracket adjacent the thermoelectric cooling unit then extending laterally in a single plane, each one of the pair of heat pipes extending in opposite directions and each one of the pair of heat pipes affixed to a respective back plate of one of a pair of heat sinks, however Li teaches that it is a known method in the art of temperature control to include a pair of heat pipes affixed to the support bracket adjacent the thermoelectric cooling unit then extending laterally in a single plane, each one of the pair of heat pipes extending in opposite directions and each one of the pair of heat pipes affixed to a respective back plate of one of a pair of heat sinks. This is strong evidence that modifying Tsuno as claimed would produce predictable results (i.e. increasing overall heat transfer capabilities of the system to improve overall system efficiencies). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Tsuno by Li and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of increasing overall heat transfer capabilities of the system to improve overall system efficiencies.
Further, Tsuno as modified does not disclose the shipping container having at least a pair of opposing sides and a corresponding pair of vented openings in the pair of opposing sides, and
the pair of heat sinks configured to be held immediately adjacent a respective one of the vented openings in opposing sides of the shipping container with the fins extending outward.
Reed teaches the shipping container having at least a pair of opposing sides and a vented opening in a side of the shipping container, and
a heat sink configured to be held immediately adjacent the vented opening in the shipping container with the fins extending outward (Fig. 1, thermoelectric refrigerator 1 is depicted as a rectangular cube, removable end panel 7, lower grill openings 9; Fig. 7, external heat exchanger 39, fins 91; Col. 5, lines 1-30, The configuration of external heat exchanger 39 is best described with reference to FIG. 7. In the presently preferred embodiment of the invention, the dimensions of base 89 are approximately 5 inches by 3.5 inches by 0.2 inches. Base 89 is composed of extruded high thermal conductivity aluminum. Each of fins 91, 91' and 91" extend into a corresponding groove such as 93 in the outer surface of base 89. (Grooves 93 are formed during extrusion of base plate 89.) A pair of holes 64 extend through base plate 89 for accommodating bolts 54 (FIG. 3). The gaps between the three groups of fins 91, 91' and 91" are provided solely for the purpose of accommodating the heads of bolts 54. Each of fins 91, 91' and 91" is composed of high conductivity grade 1100 aluminum. Each of the fins is approximately 40 mils in thickness and has a dimension of approximately 1 inch by 3.5 inches. The fins are spaced only 2 millimeters apart. It should be noted that each of fins 91, 91' and 91" is attached within the corresponding grooves 93 of base plate 89 by means of thermal epoxy which contains ninety percent aluminum, and is sold under the trademark "DEVCON". Air drawn in through grill 15 (as indicated by reference arrow 53 in FIG. 2) by centrifugal fan 51 is forced through the high density fins 91, 91', etc., and out of 25 lower grill openings 9, as indicated by arrow 43. The diameter of centrifugal fan 51 is approximately 3.5 inches, and the depth of each of vanes 51B is approximately 0.8 inches and the length of each vane is approximately 1 inch).
Tsuno as modified fails to teach the shipping container having at least a pair of opposing sides and a corresponding pair of vented openings in the pair of opposing sides, and the pair of heat sinks configured to be held immediately adjacent a respective one of the vented openings in opposing sides of the shipping container with the fins extending outward, however Reed teaches that it is a known method in the art of thermoelectric shipping containers to include the shipping container having at least a pair of opposing sides and a vented opening in a side of the shipping container, and a heat sink configured to be held immediately adjacent the vented opening in the shipping container with the fins extending outward. This is strong evidence that modifying Tsuno as modified as claimed would produce predictable results (i.e. providing sufficient removal of undesired heat to improve overall system efficiencies). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Tsuno as modified by Reed and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of providing sufficient removal of undesired heat to improve overall system efficiencies.
Further, regarding “a corresponding pair of vented openings in the pair of opposing sides and the pair of heat sinks configured to be held immediately adjacent a respective one of the vented openings in opposing sides of the shipping contained”, “the courts have held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960): (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.)” MPEP § 2144.04-VI-B.
Regarding claim 2, Tsuno as modified discloses the apparatus of claim 1 (see the combination of references used in the rejection of claim 1 above), further comprising:
the circuit further configured to provide power of a first polarity to the thermoelectric cooling unit to raise the ambient temperature and provide power of a second polarity to the thermoelectric cooling unit to lower the ambient temperature (Tsuno, Col. 9, lines 58-60, The cooling element 163 is, for example, a Peltier element, and cools or heats the heat transferring body 162 on the basis of an order from the controller 168).
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Annotated Fig. 1 of Tsuno
Regarding claim 11, Tsuno discloses a shipping container (Fig. 1, transport device 10), comprising:
a housing (Fig. 1, double wall container 110, temperature controlling device 160) having a lid (Fig. 5A-5B, lid 180), a closure mechanism for latching the lid to the housing (Col. 5, lines 32-37, Therefore, a fixing means such as a latch is provided on the outer peripheral surface of the double wall container 110 and the double wall container 110 is fixed to the temperature controlling device 160 via the fixing means, so that the sealing state of the inside of the double wall container 110 may be secured), a bottom (See annotated Fig. 1 of Tsuno below, bottom A), and sides (See annotated Fig. 1 of Tsuno below, sides B), at least one of the sides having a vented opening (Col. 10, lines 7-10, The radiator 166 is, for example, a heat sink and emits the heat in the cooling element 163. A fan 167 discharges the heat emitted from the radiator 166 to the outside of the temperature controlling device 160; Further, the teachings of discharging heat from the radiator 166 via the fan 167 at least imply a vented opening in the shipping container since it has been held in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom (MPEP 2144.01));
a thermal sleeve assembly having (Fig. 1, box body 164, engaged portion 165, heat transferring body 161, cooling element 163)
a bracket (Fig. 1, box body 164, engaged portion 165) affixed to the housing (Fig. 1 of Tsuno depicts box body 164, engaged portion 165 affixed to the double wall container 110, temperature controlling device 160),
a metal sleeve (Fig. 1, heat transferring body 161; Col. 9, lines 27-29, The temperature controlling heat transferring body 161 is made of, for example, a metal material having a high thermal conductivity like aluminum) sized to hold a sample package (Fig. 1, transported object 90, 91, 92, 93) and affixed to the bracket (Fig. 2 of Tsuno depicts storage space 170 of the heat transferring body being sized to hold the transported objects 91, 93, 93 and the heat transferring body 161 affixed to box body 164, engaged portion 165), and
a thermoelectric cooling unit (Fig. 1, cooling element 163) adjected the metal sleeve (Fig. 1 of Tsuno depicts cooling element 163 affixed between the box body 164, engaged portion 165 and the heat transferring body 161); and insulation surrounding the metal sleeve (Fig. 1, heat storage material 120);
a heat sink having fins, a back plate, and configured to be held immediately adjacent the vented opening (Fig. 1, radiator 166; See annotated Fig. 1 of Tsuno below, radiator 166 is depicted to have a back plate C and fins D extending from the back plate C away from the heat transferring body 161, the box body 164 and engaged portion 165, and the cooling element 163; Col. 10, lines 7-10, The radiator 166 is, for example, a heat sink and emits the heat in the cooling element 163. A fan 167 discharges the heat emitted from the radiator 166 to the outside of the temperature controlling device 160);
a plurality of temperature sensors (Fig. 1, temperature sensor 171, 140) disposed at different locations within the housing (Fig. 1 of Tsuno depicts temperature sensor 171, 140 disposed at different locations within the double wall container 110, temperature controlling device 160); and
a circuit (Fig. 1, controller 168) coupled to the plurality of temperature sensors, to the thermoelectric cooling unit, and to a power source (Col. 9, lines 9-12, Note that the temperature controlling device 160 may include a built-in power source such as a battery or a power cord for supplying power from an external power source; Col. 9, lines 58-60, The cooling element 163 is, for example, a Peltier element, and cools or heats the heat transferring body 162 on the basis of an order from the controller 168; Col. 10, lines 11-17, The controller 168 manages the heat storage temperature controlling treatment on the basis of the temperature information output from the temperature sensor 171 of the double wall container 110 and the temperature sensor 140 of the transport device 10. The heat storage temperature controlling treatment by the controller 168 will be described later with reference to FIG. 7; Col. 12, lines 27-31, In the state where a power can be secured, the controller 168 may perform temperature holding treatment after storing and transporting the transported object 90. As a result, the transported object 90 can be transported in a good state, and the time for transporting can be prolonged), the circuit configured to (i) obtain temperature data from the respective plurality of temperature sensors (Col. 9, lines 46-50, The temperature of the temperature controlling heat transferring body 161 may be measured by the temperature sensor 171. The measurement result of the temperature sensor 171 is used for temperature control management as will be described later with reference to FIG. 7), (ii) determine an ambient temperature within the housing based on the temperature data (Col. 10, lines 11-17, The controller 168 manages the heat storage temperature controlling treatment on the basis of the temperature information output from the temperature sensor 171 of the double wall container 110 and the temperature sensor 140 of the transport device 10. The heat storage temperature controlling treatment by the controller 168 will be described later with reference to FIG. 7), and (iii) provide power from the power source to the thermoelectric cooling unit as needed to maintain the ambient temperature within a specified temperature range (Col. 10, lines 11-17, The controller 168 manages the heat storage temperature controlling treatment on the basis of the temperature information output from the temperature sensor 171 of the double wall container 110 and the temperature sensor 140 of the transport device 10. The heat storage temperature controlling treatment by the controller 168 will be described later with reference to FIG. 7; Col. 9, lines 58-60, The cooling element 163 is, for example, a Peltier element, and cools or heats the heat transferring body 162 on the basis of an order from the controller 168; Col. 12, lines 27-31, In the state where a power can be secured, the controller 168 may perform temperature holding treatment after storing and transporting the transported object 90. As a result, the transported object 90 can be transported in a good state, and the time for transporting can be prolonged).
However, Tsuno as modified does not disclose a pair of heat pipes affixed to the support bracket adjacent the thermoelectric cooling unit then extending laterally in a single plane, each one of the pair of heat pipes extending in opposite directions and each one of the pair of heat pipes affixed to a respective back plate of one of a pair of heat sinks.
Li teaches a pair of heat pipes affixed to the support bracket adjacent the thermoelectric cooling unit then extending laterally in a single plane, each one of the pair of heat pipes extending in opposite directions and each one of the pair of heat pipes affixed to a respective back plate of one of a pair of heat sinks (Fig. 8, dustproof sleeve 23, heat conducting body 16, heat conducting rods 17, heat transfer plates 4, radiating plate 10; Pg. 7, as shown in FIGS. 7 and 8, in this embodiment, heating element 3 comprises a heat conducting body 16, and several heat conduction body distribution of the 17, one end of each heat conducting rod 17 passes through the hole 8 and matched with the corresponding heat transfer plate 4, the heat conducting body 16 has a dust cover 23, dust blocking sleeve is provided at a peripheral edge of the heat-conducting body, the base 21 and the heat-conducting piece, the base is sleeve. can be effectively reduced by setting the dust blocking sleeve enters the pedestal matched with the heat conducting piece surface dust).
Tsuno fails to teach a pair of heat pipes affixed to the support bracket adjacent the thermoelectric cooling unit then extending laterally in a single plane, each one of the pair of heat pipes extending in opposite directions and each one of the pair of heat pipes affixed to a respective back plate of one of a pair of heat sinks, however Li teaches that it is a known method in the art of temperature control to include a pair of heat pipes affixed to the support bracket adjacent the thermoelectric cooling unit then extending laterally in a single plane, each one of the pair of heat pipes extending in opposite directions and each one of the pair of heat pipes affixed to a respective back plate of one of a pair of heat sinks. This is strong evidence that modifying Tsuno as claimed would produce predictable results (i.e. increasing overall heat transfer capabilities of the system to improve overall system efficiencies). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Tsuno by Li and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of increasing overall heat transfer capabilities of the system to improve overall system efficiencies.
Further, Tsuno as modified does not disclose the shipping container having four sides, at least two opposing sides of the four sides pair of opposing sides, and
the pair of heat sinks configured to be held immediately adjacent a respective one of the vented openings in opposing sides of the shipping container with the fins extending outward.
Reed teaches the shipping container having four sides and at least a pair of opposing sides and a vented opening in a side of the shipping container, and
a heat sink configured to be held immediately adjacent the vented opening in the shipping container with the fins extending outward (Fig. 1, thermoelectric refrigerator 1 is depicted as a rectangular cube, removable end panel 7, lower grill openings 9; Fig. 7, external heat exchanger 39, fins 91; Col. 5, lines 1-30, The configuration of external heat exchanger 39 is best described with reference to FIG. 7. In the presently preferred embodiment of the invention, the dimensions of base 89 are approximately 5 inches by 3.5 inches by 0.2 inches. Base 89 is composed of extruded high thermal conductivity aluminum. Each of fins 91, 91' and 91" extend into a corresponding groove such as 93 in the outer surface of base 89. (Grooves 93 are formed during extrusion of base plate 89.) A pair of holes 64 extend through base plate 89 for accommodating bolts 54 (FIG. 3). The gaps between the three groups of fins 91, 91' and 91" are provided solely for the purpose of accommodating the heads of bolts 54. Each of fins 91, 91' and 91" is composed of high conductivity grade 1100 aluminum. Each of the fins is approximately 40 mils in thickness and has a dimension of approximately 1 inch by 3.5 inches. The fins are spaced only 2 millimeters apart. It should be noted that each of fins 91, 91' and 91" is attached within the corresponding grooves 93 of base plate 89 by means of thermal epoxy which contains ninety percent aluminum, and is sold under the trademark "DEVCON". Air drawn in through grill 15 (as indicated by reference arrow 53 in FIG. 2) by centrifugal fan 51 is forced through the high density fins 91, 91', etc., and out of 25 lower grill openings 9, as indicated by arrow 43. The diameter of centrifugal fan 51 is approximately 3.5 inches, and the depth of each of vanes 51B is approximately 0.8 inches and the length of each vane is approximately 1 inch).
Tsuno as modified fails to teach the shipping container having four sides, at least two opposing sides of the four sides pair of opposing sides and a corresponding pair of vented openings in the pair of opposing sides, and the pair of heat sinks configured to be held immediately adjacent a respective one of the vented openings in opposing sides of the shipping container with the fins extending outward, however Reed teaches that it is a known method in the art of thermoelectric shipping containers to include the shipping container having at least a pair of opposing sides and a vented opening in a side of the shipping container, and a heat sink configured to be held immediately adjacent the vented opening in the shipping container with the fins extending outward. This is strong evidence that modifying Tsuno as modified as claimed would produce predictable results (i.e. providing sufficient removal of undesired heat to improve overall system efficiencies). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Tsuno as modified by Reed and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of providing sufficient removal of undesired heat to improve overall system efficiencies.
Further, regarding “at least two opposing sides of the four sides having a vented opening and the pair of heat sinks configured to be held immediately adjacent a respective one of the vented openings in opposing sides of the shipping contained”, “the courts have held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960): (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.)” MPEP § 2144.04-VI-B.
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Annotated Fig. 1 of Tsuno
Claims 3-7, 9, and 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over Tsuno as modified by Li, and Reed as applied to claim 1 above, and further in view of Alexander et al. (US Patent No. 11,668,508), hereinafter Alexander.
Regarding claim 3, Tsuno as modified discloses the apparatus of claim 1 (see the combination of references used in the rejection of claim 1 above).
However, Tsuno as modified does not disclose further comprising:
a geo-tracking device affixed with the shipping container and enabled for communicating geo-tracking data to the circuit; and
the circuit further configured to wirelessly transmit the geo-tracking data.
Alexander teaches further comprising:
a geo-tracking device affixed with the shipping container and enabled for communicating geo-tracking data to the circuit (Col. 12, lines 32-42, FIG. 22 shows a block diagram of a control system for (e.g., incorporated into) the devices described herein (e.g., the cooler container assembly 1000, 1000', 1000", 1000'). In the illustrated embodiment, circuitry EM (e.g., control circuitry, microcontroller unit MCU, computer processor(s), etc.) can receive sensed information from one or more sensors S1-Sn (e.g., level sensors, volume sensors, temperature sensors, pressure sensors, orientation sensors such as gyroscopes, accelerometers, battery charge sensors, biometric sensors, load sensors, Global Positioning System or GPS sensors, radiofrequency identification or RFID reader, etc.)); and
the circuit further configured to wirelessly transmit the geo-tracking data (Col. 13, lines 50-61, Optionally, the circuitry EM can include a wireless transmitter, receiver and/or transceiver to communicate with (e.g., transmit information, such as sensed temperature and/or position data, to and receive information, such as user instructions from) one or more of: a) a user interface Ul1 on the unit (e.g., on the body of the container vessel 100 or frame 300), b) an electronic device ED (e.g., a mobile electronic device such as a mobile phone, PDA, tablet computer, laptop computer, electronic watch, a desktop computer, remote server, cloud server), c) via the cloud CL, or d) via a wireless communication system such as WiFi, broadband network and/or Bluetooth BT).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the apparatus of Tsuno as modified to include a geo-tracking device and to reprogram the controller of Tsuno as modified to wirelessly transmit the geo-tracking data as taught by Alexander. One of ordinary skill in the art would have been motivated to make this modification to allow for precise control of the cooling system while in transit (Alexander, Col 12-14).
Regarding claim 4, Tsuno as modified discloses the apparatus of claim 1 (see the combination of references used in the rejection of claim 1 above).
However, Tsuno as modified does not disclose further comprising:
an accelerometer device affixed with the shipping container and enabled for communicating accelerometer data to the circuit; and
the circuit further configured to wirelessly transmit the accelerometer data.
Alexander teaches further comprising:
an accelerometer device affixed with the shipping container and enabled for communicating accelerometer data to the circuit (Col. 12, lines 32-42, FIG. 22 shows a block diagram of a control system for (e.g., incorporated into) the devices described herein (e.g., the cooler container assembly 1000, 1000', 1000", 1000'). In the illustrated embodiment, circuitry EM (e.g., control circuitry, microcontroller unit MCU, computer processor(s), etc.) can receive sensed information from one or more sensors S1-Sn (e.g., level sensors, volume sensors, temperature sensors, pressure sensors, orientation sensors such as gyroscopes, accelerometers, battery charge sensors, biometric sensors, load sensors, Global Positioning System or GPS sensors, radiofrequency identification or RFID reader, etc.)); and
the circuit further configured to wirelessly transmit the accelerometer data (Col. 13, lines 50-61, Optionally, the circuitry EM can include a wireless transmitter, receiver and/or transceiver to communicate with (e.g., transmit information, such as sensed temperature and/or position data, to and receive information, such as user instructions from) one or more of: a) a user interface Ul1 on the unit (e.g., on the body of the container vessel 100 or frame 300), b) an electronic device ED (e.g., a mobile electronic device such as a mobile phone, PDA, tablet computer, laptop computer, electronic watch, a desktop computer, remote server, cloud server), c) via the cloud CL, or d) via a wireless communication system such as WiFi, broadband network and/or Bluetooth BT).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the apparatus of Tsuno as modified to include an accelerometer device and to reprogram the controller of Tsuno as modified to wirelessly transmit the accelerometer data as taught by Alexander. One of ordinary skill in the art would have been motivated to make this modification to allow for precise control of the cooling system while in transit (Alexander, Col 12-14).
Regarding claim 5, Tsuno as modified discloses the apparatus of claim 1 (see the combination of references used in the rejection of claim 1 above).
However, Tsuno as modified does not disclose further comprising:
a hygrometer device affixed with the shipping container and enabled for communicating hygrometer data to the circuit; and
the circuit further configured to wirelessly transmit the hygrometer data.
Alexander teaches further comprising:
a hygrometer device affixed with the shipping container and enabled for communicating hygrometer data to the circuit (Col. 12, lines 32-42, FIG. 22 shows a block diagram of a control system for (e.g., incorporated into) the devices described herein (e.g., the cooler container assembly 1000, 1000', 1000", 1000'). In the illustrated embodiment, circuitry EM (e.g., control circuitry, microcontroller unit MCU, computer processor(s), etc.) can receive sensed information from one or more sensors S1-Sn (e.g., level sensors, volume sensors, temperature sensors, pressure sensors, orientation sensors such as gyroscopes, accelerometers, battery charge sensors, biometric sensors, load sensors, Global Positioning System or GPS sensors, radiofrequency identification or RFID reader, etc.); Col. 22, lines 46-52, In another implementation, one or more of the sensors S1-Sn can be one or more humidity sensors that sense a humidity in the chamber 126, 126" and/or a humidity outside the chamber 126, 126" (e.g., outside the cooler container 1000, 1000', 1000", 1000"') and communicates information indicative of said sensed humidity to the circuitry EM); and
the circuit further configured to wirelessly transmit the hygrometer data (Col. 13, lines 50-61, Optionally, the circuitry EM can include a wireless transmitter, receiver and/or transceiver to communicate with (e.g., transmit information, such as sensed temperature and/or position data, to and receive information, such as user instructions from) one or more of: a) a user interface Ul1 on the unit (e.g., on the body of the container vessel 100 or frame 300), b) an electronic device ED (e.g., a mobile electronic device such as a mobile phone, PDA, tablet computer, laptop computer, electronic watch, a desktop computer, remote server, cloud server), c) via the cloud CL, or d) via a wireless communication system such as WiFi, broadband network and/or Bluetooth BT).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the apparatus of Tsuno as modified to include a hygrometer device and to reprogram the controller of Tsuno as modified to wirelessly transmit the hygrometer data as taught by Alexander. One of ordinary skill in the art would have been motivated to make this modification to allow for precise control of the cooling system while in transit (Alexander, Col 12-14).
Regarding claim 6, Tsuno as modified discloses the apparatus of claim 3 (see the combination of references used in the rejection of claim 3 above), further comprising:
the circuit further configured to obtain and log the geo-tracking data (Alexander, Col. 12, lines 32-42, FIG. 22 shows a block diagram of a control system for (e.g., incorporated into) the devices described herein (e.g., the cooler container assembly 1000, 1000', 1000", 1000'). In the illustrated embodiment, circuitry EM (e.g., control circuitry, microcontroller unit MCU, computer processor(s), etc.) can receive sensed information from one or more sensors S1-Sn (e.g., level sensors, volume sensors, temperature sensors, pressure sensors, orientation sensors such as gyroscopes, accelerometers, battery charge sensors, biometric sensors, load sensors, Global Positioning System or GPS sensors, radiofrequency identification or RFID reader, etc.)). Further, the limitations of claim 6 are a result of the modification of references used in the rejection of claim 3 above.
Regarding claim 7, Tsuno as modified discloses the apparatus of claim 3 (see the combination of references used in the rejection of claim 3 above), further comprising:
the circuit further configured to obtain and log the accelerator data (Alexander, Col. 12, lines 32-42, FIG. 22 shows a block diagram of a control system for (e.g., incorporated into) the devices described herein (e.g., the cooler container assembly 1000, 1000', 1000", 1000'). In the illustrated embodiment, circuitry EM (e.g., control circuitry, microcontroller unit MCU, computer processor(s), etc.) can receive sensed information from one or more sensors S1-Sn (e.g., level sensors, volume sensors, temperature sensors, pressure sensors, orientation sensors such as gyroscopes, accelerometers, battery charge sensors, biometric sensors, load sensors, Global Positioning System or GPS sensors, radiofrequency identification or RFID reader, etc.)). Further, the limitations of claim 6 are a result of the modification of references used in the rejection of claim 3 above.
Regarding claim 9, Tsuno as modified discloses the apparatus of claim 3 (see the combination of references used in the rejection of claim 3 above), further comprising:
insulation encasing at least the thermal sleeve (Tsuno, Fig. 1, heat storage material 120).
Regarding claim 13, Tsuno as modified discloses the shipping container of claim 11 (see the combination of references used in the rejection of claim 11 above).
However, Tsuno as modified does not disclose further comprising:
a geo-tracking device affixed with the housing and enabled for communicating geo-tracking data to the circuit; and
the circuit further configured to wirelessly transmit the geo-tracking data.
Alexander teaches further comprising:
a geo-tracking device affixed with the housing and enabled for communicating geo-tracking data to the circuit (Col. 12, lines 32-42, FIG. 22 shows a block diagram of a control system for (e.g., incorporated into) the devices described herein (e.g., the cooler container assembly 1000, 1000', 1000", 1000'). In the illustrated embodiment, circuitry EM (e.g., control circuitry, microcontroller unit MCU, computer processor(s), etc.) can receive sensed information from one or more sensors S1-Sn (e.g., level sensors, volume sensors, temperature sensors, pressure sensors, orientation sensors such as gyroscopes, accelerometers, battery charge sensors, biometric sensors, load sensors, Global Positioning System or GPS sensors, radiofrequency identification or RFID reader, etc.)); and
the circuit further configured to wirelessly transmit the geo-tracking data (Col. 13, lines 50-61, Optionally, the circuitry EM can include a wireless transmitter, receiver and/or transceiver to communicate with (e.g., transmit information, such as sensed temperature and/or position data, to and receive information, such as user instructions from) one or more of: a) a user interface Ul1 on the unit (e.g., on the body of the container vessel 100 or frame 300), b) an electronic device ED (e.g., a mobile electronic device such as a mobile phone, PDA, tablet computer, laptop computer, electronic watch, a desktop computer, remote server, cloud server), c) via the cloud CL, or d) via a wireless communication system such as WiFi, broadband network and/or Bluetooth BT).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the shipping container of Tsuno as modified to include a geo-tracking device and to reprogram the controller of Tsuno as modified to wirelessly transmit the geo-tracking data as taught by Alexander. One of ordinary skill in the art would have been motivated to make this modification to allow for precise control of the cooling system while in transit (Alexander, Col 12-14).
Regarding claim 14, Tsuno as modified discloses the shipping container of claim 11 (see the combination of references used in the rejection of claim 11 above).
However, Tsuno as modified does not disclose further comprising:
an accelerometer device affixed with the housing and enabled for communicating accelerometer data to the circuit; and
the circuit further configured to wirelessly transmit the accelerometer data.
Alexander teaches further comprising:
an accelerometer device affixed with the housing and enabled for communicating accelerometer data to the circuit (Col. 12, lines 32-42, FIG. 22 shows a block diagram of a control system for (e.g., incorporated into) the devices described herein (e.g., the cooler container assembly 1000, 1000', 1000", 1000'). In the illustrated embodiment, circuitry EM (e.g., control circuitry, microcontroller unit MCU, computer processor(s), etc.) can receive sensed information from one or more sensors S1-Sn (e.g., level sensors, volume sensors, temperature sensors, pressure sensors, orientation sensors such as gyroscopes, accelerometers, battery charge sensors, biometric sensors, load sensors, Global Positioning System or GPS sensors, radiofrequency identification or RFID reader, etc.)); and
the circuit further configured to wirelessly transmit the accelerometer data (Col. 13, lines 50-61, Optionally, the circuitry EM can include a wireless transmitter, receiver and/or transceiver to communicate with (e.g., transmit information, such as sensed temperature and/or position data, to and receive information, such as user instructions from) one or more of: a) a user interface Ul1 on the unit (e.g., on the body of the container vessel 100 or frame 300), b) an electronic device ED (e.g., a mobile electronic device such as a mobile phone, PDA, tablet computer, laptop computer, electronic watch, a desktop computer, remote server, cloud server), c) via the cloud CL, or d) via a wireless communication system such as WiFi, broadband network and/or Bluetooth BT).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the shipping container of Tsuno as modified to include an accelerometer device and to reprogram the controller of Tsuno as modified to wirelessly transmit the accelerometer data as taught by Alexander. One of ordinary skill in the art would have been motivated to make this modification to allow for precise control of the cooling system while in transit (Alexander, Col 12-14).
Regarding claim 15, Tsuno as modified discloses the apparatus of claim 11 (see the combination of references used in the rejection of claim 11 above).
However, Tsuno as modified does not disclose further comprising:
a hygrometer device affixed with the housing and enabled for communicating hygrometer data to the circuit; and
the circuit further configured to wirelessly transmit the hygrometer data.
Alexander teaches further comprising:
a hygrometer device affixed with the housing and enabled for communicating hygrometer data to the circuit (Col. 12, lines 32-42, FIG. 22 shows a block diagram of a control system for (e.g., incorporated into) the devices described herein (e.g., the cooler container assembly 1000, 1000', 1000", 1000'). In the illustrated embodiment, circuitry EM (e.g., control circuitry, microcontroller unit MCU, computer processor(s), etc.) can receive sensed information from one or more sensors S1-Sn (e.g., level sensors, volume sensors, temperature sensors, pressure sensors, orientation sensors such as gyroscopes, accelerometers, battery charge sensors, biometric sensors, load sensors, Global Positioning System or GPS sensors, radiofrequency identification or RFID reader, etc.); Col. 22, lines 46-52, In another implementation, one or more of the sensors S1-Sn can be one or more humidity sensors that sense a humidity in the chamber 126, 126" and/or a humidity outside the chamber 126, 126" (e.g., outside the cooler container 1000, 1000', 1000", 1000"') and communicates information indicative of said sensed humidity to the circuitry EM); and
the circuit further configured to wirelessly transmit the hygrometer data (Col. 13, lines 50-61, Optionally, the circuitry EM can include a wireless transmitter, receiver and/or transceiver to communicate with (e.g., transmit information, such as sensed temperature and/or position data, to and receive information, such as user instructions from) one or more of: a) a user interface Ul1 on the unit (e.g., on the body of the container vessel 100 or frame 300), b) an electronic device ED (e.g., a mobile electronic device such as a mobile phone, PDA, tablet computer, laptop computer, electronic watch, a desktop computer, remote server, cloud server), c) via the cloud CL, or d) via a wireless communication system such as WiFi, broadband network and/or Bluetooth BT).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the shipping container of Tsuno as modified to include a hygrometer device and to reprogram the controller of Tsuno as modified to wirelessly transmit the hygrometer data as taught by Alexander. One of ordinary skill in the art would have been motivated to make this modification to allow for precise control of the cooling system while in transit (Alexander, Col 12-14).
Regarding claim 16, Tsuno as modified discloses the shipping container of claim 13 (see the combination of references used in the rejection of claim 13 above), further comprising:
the circuit further configured to obtain and log the geo-tracking data (Alexander, Col. 12, lines 32-42, FIG. 22 shows a block diagram of a control system for (e.g., incorporated into) the devices described herein (e.g., the cooler container assembly 1000, 1000', 1000", 1000'). In the illustrated embodiment, circuitry EM (e.g., control circuitry, microcontroller unit MCU, computer processor(s), etc.) can receive sensed information from one or more sensors S1-Sn (e.g., level sensors, volume sensors, temperature sensors, pressure sensors, orientation sensors such as gyroscopes, accelerometers, battery charge sensors, biometric sensors, load sensors, Global Positioning System or GPS sensors, radiofrequency identification or RFID reader, etc.)). Further, the limitations of claim 16 are a result of the modification of references used in the rejection of claim 13 above.
Regarding claim 17, Tsuno as modified discloses the shipping container of claim 13 (see the combination of references used in the rejection of claim 13 above), further comprising:
the circuit further configured to obtain and log the accelerator data (Alexander, Col. 12, lines 32-42, FIG. 22 shows a block diagram of a control system for (e.g., incorporated into) the devices described herein (e.g., the cooler container assembly 1000, 1000', 1000", 1000'). In the illustrated embodiment, circuitry EM (e.g., control circuitry, microcontroller unit MCU, computer processor(s), etc.) can receive sensed information from one or more sensors S1-Sn (e.g., level sensors, volume sensors, temperature sensors, pressure sensors, orientation sensors such as gyroscopes, accelerometers, battery charge sensors, biometric sensors, load sensors, Global Positioning System or GPS sensors, radiofrequency identification or RFID reader, etc.)). Further, the limitations of claim 16 are a result of the modification of references used in the rejection of claim 13 above.
Allowable Subject Matter
Claim 18 is allowed.
Regarding claim 18, the following is an examiner’s statement of reasons for allowance:
The prior at does not anticipate nor render obvious the combination set forth in the independent claims, and specifically does not disclose the following: the pair of heat pipes affixed through a respective one of the inside openings along the backside of a respective one of the heat sinks.
Although the closest prior art of record, Tsuno (US Patent No. 11,143,448), hereinafter Tsuno in view of Li et al. (CN 106091018), hereinafter Li and Reed et al. (US Patent No. 4,326,383), hereinafter Reed disclose a temperature controller shipping container (Fig. 1, transport device 10), comprising:
a housing (Fig. 1, double wall container 110, temperature controlling device 160) having a lid (Fig. 5A-5B, lid 180), a closure mechanism for latching the lid to the housing (Col. 5, lines 32-37, Therefore, a fixing means such as a latch is provided on the outer peripheral surface of the double wall container 110 and the double wall container 110 is fixed to the temperature controlling device 160 via the fixing means, so that the sealing state of the inside of the double wall container 110 may be secured), a bottom (See annotated Fig. 1 of Tsuno below, bottom A), and sides (See annotated Fig. 1 of Tsuno below, sides B), at least one of the sides having a vented opening (Col. 10, lines 7-10, The radiator 166 is, for example, a heat sink and emits the heat in the cooling element 163. A fan 167 discharges the heat emitted from the radiator 166 to the outside of the temperature controlling device 160; Further, the teachings of discharging heat from the radiator 166 via the fan 167 at least imply a vented opening in the shipping container since it has been held in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom (MPEP 2144.01));
a sleeve assembly affixed within the housing (Tsuno, Fig. 1, box body 164, engaged portion 165, heat transferring body 161, cooling element 163) including:
a bracket (Tsuno, Fig. 1, box body 164, engaged portion 165) affixed to the housing (Tsuno, Fig. 1 of Tsuno depicts box body 164, engaged portion 165 affixed to the double wall container 110, temperature controlling device 160);
a metal sleeve (Tsuno, Fig. 1, heat transferring body 161; Col. 9, lines 27-29, The temperature controlling heat transferring body 161 is made of, for example, a metal material having a high thermal conductivity like aluminum) sized to hold a sample package (Tsuno, Fig. 1, transported object 90, 91, 92, 93) and affixed to the bracket (Fig. 2 of Tsuno depicts storage space 170 of the heat transferring body being sized to hold the transported objects 91, 93, 93 and the heat transferring body 161 affixed to box body 164, engaged portion 165);
a thermal element Tsuno, (Fig. 1, cooling element 163) affixed between the bracket and the metal sleeve (Fig. 1 of Tsuno depicts cooling element 163 affixed between the box body 164, engaged portion 165 and the heat transferring body 161); and insulation surrounding the metal sleeve (Tsuno, Fig. 1, heat storage material 120);
a heat sink having fins, a back plate, and configured to be held immediately adjacent the vented opening (Fig. 1, radiator 166; See annotated Fig. 1 of Tsuno below, radiator 166 is depicted to have a back plate C and fins D extending from the back plate C away from the heat transferring body 161, the box body 164 and engaged portion 165, and the cooling element 163; Col. 10, lines 7-10, The radiator 166 is, for example, a heat sink and emits the heat in the cooling element 163. A fan 167 discharges the heat emitted from the radiator 166 to the outside of the temperature controlling device 160);
a plurality of temperature sensors (Fig. 1, temperature sensor 171, 140) disposed at different locations within the housing (Fig. 1 of Tsuno depicts temperature sensor 171, 140 disposed at different locations within the double wall container 110, temperature controlling device 160); and
a circuit (Fig. 1, controller 168) coupled to the plurality of temperature sensors, to the thermoelectric cooling unit, and to a power source (Col. 9, lines 9-12, Note that the temperature controlling device 160 may include a built-in power source such as a battery or a power cord for supplying power from an external power source; Col. 9, lines 58-60, The cooling element 163 is, for example, a Peltier element, and cools or heats the heat transferring body 162 on the basis of an order from the controller 168; Col. 10, lines 11-17, The controller 168 manages the heat storage temperature controlling treatment on the basis of the temperature information output from the temperature sensor 171 of the double wall container 110 and the temperature sensor 140 of the transport device 10. The heat storage temperature controlling treatment by the controller 168 will be described later with reference to FIG. 7; Col. 12, lines 27-31, In the state where a power can be secured, the controller 168 may perform temperature holding treatment after storing and transporting the transported object 90. As a result, the transported object 90 can be transported in a good state, and the time for transporting can be prolonged), the circuit configured to (i) obtain temperature data from the respective plurality of temperature sensors (Col. 9, lines 46-50, The temperature of the temperature controlling heat transferring body 161 may be measured by the temperature sensor 171. The measurement result of the temperature sensor 171 is used for temperature control management as will be described later with reference to FIG. 7), (ii) determine an ambient temperature within the housing based on the temperature data (Col. 10, lines 11-17, The controller 168 manages the heat storage temperature controlling treatment on the basis of the temperature information output from the temperature sensor 171 of the double wall container 110 and the temperature sensor 140 of the transport device 10. The heat storage temperature controlling treatment by the controller 168 will be described later with reference to FIG. 7), and (iii) provide power from the power source to the thermoelectric cooling unit as needed to maintain the ambient temperature within a specified temperature range (Col. 10, lines 11-17, The controller 168 manages the heat storage temperature controlling treatment on the basis of the temperature information output from the temperature sensor 171 of the double wall container 110 and the temperature sensor 140 of the transport device 10. The heat storage temperature controlling treatment by the controller 168 will be described later with reference to FIG. 7; Col. 9, lines 58-60, The cooling element 163 is, for example, a Peltier element, and cools or heats the heat transferring body 162 on the basis of an order from the controller 168; Col. 12, lines 27-31, In the state where a power can be secured, the controller 168 may perform temperature holding treatment after storing and transporting the transported object 90. As a result, the transported object 90 can be transported in a good state, and the time for transporting can be prolonged).
However, Tsuno as modified does not disclose a pair of heat pipes, each heat pipe has a first end shaped and affixed along a backside of a respective one of the heat sinks and then extending in a single plane to the bracket and coupled adjacent the thermal element, both of the pair of heat pipes extending in a single plane and each of the pair of heat sinks oriented orthogonally to the single plane adjacent.
Li teaches a pair of heat pipes, each heat pipe has a first end shaped and affixed along a backside of a respective one of the heat sinks and then extending in a single plane to the bracket and coupled adjacent the thermal element, both of the pair of heat pipes extending in a single plane and each of the pair of heat sinks oriented orthogonally to the single plane adjacent (Fig. 8, dustproof sleeve 23, heat conducting body 16, heat conducting rods 17, heat transfer plates 4, radiating plate 10; Pg. 7, as shown in FIGS. 7 and 8, in this embodiment, heating element 3 comprises a heat conducting body 16, and several heat conduction body distribution of the 17, one end of each heat conducting rod 17 passes through the hole 8 and matched with the corresponding heat transfer plate 4, the heat conducting body 16 has a dust cover 23, dust blocking sleeve is provided at a peripheral edge of the heat-conducting body, the base 21 and the heat-conducting piece, the base is sleeve. can be effectively reduced by setting the dust blocking sleeve enters the pedestal matched with the heat conducting piece surface dust).
Tsuno fails to teach a pair of heat pipes, each heat pipe has a first end shaped and affixed along a backside of a respective one of the heat sinks and then extending in a single plane to the bracket and coupled adjacent the thermal element, both of the pair of heat pipes extending in a single plane and each of the pair of heat sinks oriented orthogonally to the single plane adjacent, however Li teaches that it is a known method in the art of temperature control to include a pair of heat pipes, each heat pipe has a first end shaped and along a backside of a respective one of the heat sinks and then extending in a single plane to the bracket and coupled adjacent the thermal element, both of the pair of heat pipes extending in a single plane and each of the pair of heat sinks oriented orthogonally to the single plane adjacent. This is strong evidence that modifying Tsuno as claimed would produce predictable results (i.e. increasing overall heat transfer capabilities of the system to improve overall system efficiencies). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Tsuno by Li and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of increasing overall heat transfer capabilities of the system to improve overall system efficiencies.
Further, Tsuno as modified does not disclose the shipping container having four sides, two of the four sides are opposing sides each having a side opening with a recessed inner wall having an inside opening, the inside opening is smaller than the side opening and a vent plate covering the side opening; and
the pair of heat sinks each positioned outside and against a respective one of the recessed inner walls and held in place by a respective one of the vent plates.
Reed teaches the shipping container having four sides and at least a pair of opposing sides and a side opening in a side of the shipping container side with a recessed inner wall having an inside opening, the inside opening is smaller than the side opening and a vent plate covering the side opening (Fig. 1, thermoelectric refrigerator 1 is depicted as a rectangular cube; Fig. 3, space 63; Further, see annotated Fig. 3 of Reed below, inside opening E in the recessed wall 63a is depicted to be smaller than space 63), and
a heat sink positioned outside and against the recessed inner wall and held in place by the vent plate (Fig. 1, thermoelectric refrigerator 1 is depicted as a rectangular cube, removable end panel 7, lower grill openings 9; Fig. 7, external heat exchanger 39, fins 91; Col. 5, lines 1-30, The configuration of external heat exchanger 39 is best described with reference to FIG. 7. In the presently preferred embodiment of the invention, the dimensions of base 89 are approximately 5 inches by 3.5 inches by 0.2 inches. Base 89 is composed of extruded high thermal conductivity aluminum. Each of fins 91, 91' and 91" extend into a corresponding groove such as 93 in the outer surface of base 89. (Grooves 93 are formed during extrusion of base plate 89.) A pair of holes 64 extend through base plate 89 for accommodating bolts 54 (FIG. 3). The gaps between the three groups of fins 91, 91' and 91" are provided solely for the purpose of accommodating the heads of bolts 54. Each of fins 91, 91' and 91" is composed of high conductivity grade 1100 aluminum. Each of the fins is approximately 40 mils in thickness and has a dimension of approximately 1 inch by 3.5 inches. The fins are spaced only 2 millimeters apart. It should be noted that each of fins 91, 91' and 91" is attached within the corresponding grooves 93 of base plate 89 by means of thermal epoxy which contains ninety percent aluminum, and is sold under the trademark "DEVCON". Air drawn in through grill 15 (as indicated by reference arrow 53 in FIG. 2) by centrifugal fan 51 is forced through the high density fins 91, 91', etc., and out of 25 lower grill openings 9, as indicated by arrow 43. The diameter of centrifugal fan 51 is approximately 3.5 inches, and the depth of each of vanes 51B is approximately 0.8 inches and the length of each vane is approximately 1 inch).
Tsuno as modified fails to teach the shipping container having four sides, two of the four sides are opposing sides each having a side opening with a recessed inner wall having an inside opening, the inside opening is smaller than the side opening and a vent plate covering the side opening; and the pair of heat sinks each positioned outside and against a respective one of the recessed inner walls and held in place by a respective one of the vent plates, however Reed teaches that it is a known method in the art of thermoelectric shipping containers to include the shipping container having four sides and at least a pair of opposing sides and a side opening in a side of the shipping container side with a recessed inner wall having an inside opening, the inside opening is smaller than the side opening and a vent plate covering the side opening, and a heat sink positioned outside and against the recessed inner wall and held in place by the vent plate. This is strong evidence that modifying Tsuno as modified as claimed would produce predictable results (i.e. providing sufficient removal of undesired heat to improve overall system efficiencies). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Tsuno as modified by Reed and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of providing sufficient removal of undesired heat to improve overall system efficiencies.
Further, regarding “at least two opposing sides of the four sides having a vented opening and the pair of heat sinks configured to be held immediately adjacent a respective one of the vented openings in opposing sides of the shipping contained”, “the courts have held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960): (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.)” MPEP § 2144.04-VI-B.
However, there is no teaching in the prior art of record that would, reasonably and absent impermissible hindsight, motivate one of ordinary skill in the art to modify the teachings of the prior art to provide the pair of heat pipes affixed through a respective one of the inside openings along the backside of a respective one of the heat sinks, in combination with all other claimed features.
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Annotated Fig. 1 of Tsuno
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Annotated Fig. 3 of Reed
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
P. Lefferts (US Patent No. 3,314,242) discloses a similar container for thermoelectric temperature control with a support bracket that is connected to heat pipe that extends in a single plane between two heat sinks via a thermoelectric cooling unit.
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/DEVON MOORE/Examiner, Art Unit 3763 May 11th, 2026
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