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 .
Election/Restrictions
Applicant’s election of Group I and Species 1 in the reply filed on 19 May 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 20-32 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 19 May 2025.
Drawings
The drawings are objected to for failing to comply with 37 C.F.R. 1.84 (p)(3) because numbers, letters, and reference characters must measure at least .32 cm (1/8 inch) in height. MPEP 608.02 V.
Claim Objections
Claim 5 is objected to under 37 CFR 1.75 as being a substantial duplicate of claim 4 as no frame of reference has been defined. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim 14 is objected to under 37 CFR 1.75 as being a substantial duplicate of claim 10. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-19 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.
The term “substantially” in claim 1is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The term close is led to be indefinite by usage of the term substantially.
Claim 16 recites the limitation "the data logger holder" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation "the data logger holder" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the data logger holder" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 10 and 14 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claims 10 and 14 fail to further limit claim 9 from which they depend. An opening is already required by claim 9 and naming this opening as a handle opening or a data logger opening does not further limit the structure of the already claimed opening. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-7, 9, 10, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Melchor (US 20220343270).
Claim 1: Melchor discloses a shipping system 211 for temperature-sensitive materials, the shipping system 211 comprising:(a) an outer box 213 (insulated container), the outer box 213 (insulated container) having a cavity 214 (payload space) dimensioned to accommodate a payload and further having closure flaps 219-1, 219-2, 219-3 (door) leading to the cavity 214 (payload space); and(b) a top pad 381 (door plug assembly), the top pad 381 (door plug assembly) being positioned within the cavity 214 (payload space) just inside the 219-1, 219-2, 219-3 (door), the top pad 381 (door plug assembly) comprising a bottom layer 385 (plug) and a top layer 383 (first backing sheet), the bottom layer 385 (plug) being thermally insulating [P. 0150] and dimensioned to substantially close the cavity 214 (payload space) when the closure flaps 219-1, 219-2, 219-3 (door) are open, the top layer 383 (first backing sheet) coupled to the bottom layer 385 (plug) to provide stiffening support thereto (see fig. 19B and 31B-31C).
Claim 2: Melchor discloses wherein the shipping system 211 is a passively-controlled shipping system (see P. 0041).
Claim 3: Melchor discloses wherein the top pad 381 (door plug assembly) is removable from the outer box 213 (insulated container) (see P. 0150).
Claim 4: Melchor discloses wherein the top layer 383 (first backing sheet) is secured to a front surface of the bottom layer 385 (plug) (see fig. 31C).
Claim 5: Melchor discloses wherein the top layer 383 (first backing sheet) is secured to a rear surface of the bottom layer 385 (plug) (see fig. 31C).
Claim 7: Melchor discloses wherein the top pad 181 (door plug assembly) is made of polyethylene foam and therefore the bottom layer 385 (plug) comprises one or more pieces of polyethylene foam (flexible foam insulation) (see P. 0150).
Claim 9: Melchor discloses wherein the bottom layer 385 (plug) comprises a first cutout 387 and third cutout 391 (at least one transverse opening) (see fig. 31B and 31C).
Claim 10: Melchor discloses wherein the first cutout 387 and third cutout 391 (at least one transverse opening) comprises a third cutout 391 (handle opening) which may be used as a handle (see P. 0150 and fig. 31B and 31C).
Claim 14: Melchor discloses wherein the first cutout 387 and third cutout 391 (at least one transverse opening) comprises a first cutout 387 (data logger opening) which may be used to receive a data logger 388 (see P. 0150 and fig. 31B and 31C).
Claim 1: Under a second interpretation Melchor discloses a shipping system 211 for temperature-sensitive materials, the shipping system 211 comprising:(a) an outer box 213 (insulated container), the outer box 213 (insulated container) having a cavity 214 (payload space) dimensioned to accommodate a payload and further having closure flaps 219-1, 219-2, 219-3 (door) leading to the cavity 214 (payload space); and(b) a lid assembly 360 (door plug assembly), the lid assembly 360 (door plug assembly) being positioned within the cavity 214 (payload space) just inside the 219-1, 219-2, 219-3 (door), the lid assembly 360 (door plug assembly) comprising a bottom layer 385 (plug) and a top layer 383 (first backing sheet), the bottom layer 385 (plug) being thermally insulating [P. 0150] and dimensioned to substantially close the cavity 214 (payload space) when the closure flaps 219-1, 219-2, 219-3 (door) are open, the top layer 383 (first backing sheet) coupled to the bottom layer 385 (plug) to provide stiffening support thereto (see fig. 19B and 31B-31C).
Claim 6: Melchor discloses wherein lid assembly 360 (door plug assembly) discloses further comprises an insulated cover 361 (second backing sheet), wherein the top layer 383 (first backing sheet) is secured to a front surface of the bottom layer 385 (plug), and wherein the insulated cover 361 (second backing sheet) is secured to a rear surface of the bottom layer 385 (plug) (see fig. 31B and 31C).
Claim Rejections - 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Melchor (US 20220343270) further in view of Austerberry (US 20180208388).
Claim 1: Under a third interpretation Melchor discloses a shipping system 211 for temperature-sensitive materials, the shipping system 211 comprising:(a) an outer box 213 (insulated container), the outer box 213 (insulated container) having a cavity 214 (payload space) dimensioned to accommodate a payload and further having closure flaps 219-1, 219-2, 219-3 (door) leading to the cavity 214 (payload space); and(b) a top pad 381 (door plug assembly) which is a one-piece structure [P. 0150], the top pad 381 (door plug assembly) being positioned within the cavity 214 (payload space) just inside the 219-1, 219-2, 219-3 (door), the top pad 381 (door plug assembly) comprising a top layer 383 and bottom layer 385 (plug) and a top layer 383 (first backing sheet), the top layer 383 and bottom layer 385 (plug) being thermally insulating [P. 0150] and dimensioned to substantially close the cavity 214 (payload space) when the closure flaps 219-1, 219-2, 219-3 (door) are open, the top layer 383 (first backing sheet) coupled to the top layer 383 and bottom layer 385 (plug) to provide stiffening support thereto (see fig. 19B and 31B-31C).
Melchor does not disclose the door plug assembly comprising a first backing sheet or the first backing sheet being coupled to the plug to provide stiffening support thereto.
Austerberry teaches a wear-protected frangible thermal insulation panel 100 having a frangible thermal insulation panel 110 and a first 161 (first backing sheet) and second 162 wear-protective cover sheets made of polypropylene (see P. 0015 and 0021).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the top layer 383 and bottom layer 385 (plug) to have been sandwiched by first 161 (first backing sheet) and second 162 wear-protective cover sheets made of polypropylene, as taught by Austerberry, in order to protect the top layer 383 and bottom layer 385 (plug) from damage.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Melchor (US 20220343270) and Austerberry (US 20180208388) as applied to claim 1 above, and further in view of Hase (US 20070271947).
Claim 8: The combination discloses wherein the first 161 (first backing sheet) and second 162 wear-protective cover sheets comprise polypropylene (see P. 0015 ‘388).
The combination does not disclose wherein the first backing sheet comprises corrugated polypropylene.
Hase teaches a gel-sleeve 300 made from corrugated polypropylene (see P. 0031 and fig. 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the first 161 (first backing sheet) and second 162 wear-protective cover sheets to be made from corrugated polypropylene, as taught by Hase, in order to provide additional strength and protection to the top layer 383 and bottom layer 385 (plug).
Allowable Subject Matter
Claims 11-13 and 15-19 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. KR 102145989, KR 960024180, and US 20200158359 are considered pertinent to a plug with opening, US 20180328644 and US 20250263221 are considered pertinent to openings for data loggers, DE 19504927, EP 3635306, GB 2522726, US 20100072211, and WO 2018197049 are considered pertinent to plugs, US 10661969 fig. 21 is considered pertinent to a kickstand, WO 2014023911 is considered pertinent to straps.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLAN D STEVENS whose telephone number is (571)270-7798. The examiner can normally be reached Monday-Friday 12-8 ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles can be reached at (571)270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALLAN D STEVENS/Primary Examiner, Art Unit 3736