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 .
Claim Objections
Claim 86 is objected to because of the following informalities: Line 2 of claim 86, recites “a reservoir region-receiving portion” and line 3 of claim 86 recites “a needle-containing region-receiving portion”. Claim 86 depends on claim 85, which already recites “a reservoir region-receiving portion” and “a needle-containing region-receiving portion”. It is suggested to change claim 86 to recite “the reservoir region-receiving portion” and “the needle-containing region-receiving portion” since it appears to refer to the same elements in claim 85 already presented. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 80 is 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 80 recites the limitation "the at least one lateral projection" in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 80 depends on claim 78, which depends on claim 72, where claims 72 and 78 do not recite “at least one lateral projection”. Appropriate correction is required.
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.
Claims 72, 74, 76, 77, 78, 82-91 are rejected under 35 U.S.C. 103 as being unpatentable over Nagar, US 2018/0333330 A1 (Nagar '330) in view of Nagar, US 2018/0207368 A1 (Nagar ‘368).
Regarding claim 72, Nagar '330 discloses a substance storage apparatus (100; figure 1) for storing a substance-container (104) configured with an outer surface formed of a first material and for containing a substance (substance container 104 having an outer surface as shown and stores a substance, inherently formed of a first material and is commonly known to be hard plastic or glass; figure 1; paragraph [0044]), the apparatus comprising: a housing (102; figure 1; paragraph [0051]) formed of a base at a distal end of the storage apparatus (left base portion of enclosure 102) and a lateral wall longitudinally extending therefrom (cylindrical side wall of enclosure 102) to a top portion at a proximal end (right top portion of enclosure 102), the top portion comprising: an aperture configured for receiving an end of the substance-container therethrough (the right top portion of enclosure 102 forms an aperture receiving substance container 102 as shown; figure 1; paragraph [0046]); a thermal insulation element (170) disposed within the housing (as shown) and configured to provide a thermal shield to the substance (thermal insulation 170 prevents uncontrolled changes in temperature to the substance in container 104; figure 1; paragraph [0054]); a receptacle (218) having a size and shape configured for receiving the substance container therein (as shown); and a phase change material "PCM" element (180) configured to thermally regulate the temperature of the substance (PCM 180 absorbs heat flux before it reaches the substance in container 104; figure 1; paragraph [0057]), wherein the PCM element is disposed within a PCM volume formed intermediate at least a section of the receptacle and at least a section of the thermal insulation element (as shown).
Nagar '330 fails to disclose a top portion comprising: a cover at least a portion of which is formed of a second material including a greater degree of resilience than the first material; and an aperture at least partially surrounded by the cover and configured for receiving an end of the substance-container therethrough.
Nagar '368 discloses a top portion (194, 216, collectively; figure 1A) comprising: a cover (portion 194 with brush 216 as shown) at least a portion of which is formed of a second material including a greater degree of resilience than the first material (portion 194 has a brush 216 of flexible material, which is more resilient than a material such as glass since a glass container is capable of being inserted therein; figure 1A; paragraph [0121]); and an aperture at least partially surrounded by the cover and configured for receiving an end of the substance-container therethrough (an aperture defined within brush 216 of portion 194 through which a container 104 is inserted; figure 1A; paragraph [0121]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Nagar '330's apparatus to include a top portion comprising a cover at least a portion of which is formed of a second material including a greater degree of resilience than the first material; and an aperture at least partially surrounded by the cover and configured for receiving an end of the substance-container therethrough as taught by Nagar '368 because, as Nagar '368 discloses, the brush prevents exposure to humidity and prevents air pockets for better thermal control (Nagar '368; paragraph [0121]). Additionally, Nagar '368's separate cover would allow the components within Nagar '330's housing to be installed, removed, or replaced as needed. Without a separable member the insulation phase change materials in the housing would be difficult or impossible to install, remove, or replace. Additionally, the flexible material of the cover would provide a soft interface with the substance container, which would typically be made of a hard plastic or glass and could break easily if it was in contact with another hard material during transport or shipping.
Regarding claim 74, Nagar '330 and Nagar '368, in combination, disclose the apparatus of claim 72. Modified Nagar '330, in particular Nagar ‘368 further discloses wherein top portion (194, 216, collectively; figure 1A) further comprises at least one recess extending from the aperture (recess disposed below the opening at 216, which 104 is inserted through, see Fig. 1B).
Regarding claim 76, Nagar '330 and Nagar '368, in combination, disclose the apparatus of claim 72. Modified Nagar '330 further discloses wherein: the receptacle is formed with a peripheral wall defining therein a lumen (wall 218 has a sidewall and a lumen as shown; figure 1), the lumen configured with a predetermined diameter dimensioned to receive a reservoir region of the substance-container containing the substance therein (as shown, since the wall 218 is cylindrical; figure 1; paragraphs [0051], [0055]), and the aperture is configured with a diameter either equal to or less than the predetermined lumen diameter (the aperture in the right portion of enclosure 102 is the same as the diameter formed by wall 218 as shown).
Regarding claim 77, Nagar '330 and Nagar '368, in combination, disclose the apparatus of claim 72. The claimed phrase “wherein the PCM element is inserted into the PCM volume in an at least partially liquid state” is being treated as a product by process limitation; that is, that the PCM element can be in an at least partially liquid state upon positioning in the PCM volume. As set forth in MPEP 2113, product by process claims are NOT limited to the manipulations of the recited steps, only to the structure implied by the steps. Once a product appearing to be substantially the same or similar is found, a 35 USC 102/103 rejection may be made and the burden is shifted to applicant to show an unobvious difference. See MPEP 2113.Thus, even though Nagar ‘330 is silent as to the process used to insert the PCM, it appears that the product in Nagar ‘330 would be the same or similar as that claimed; especially since both applicant’s product and the prior art product is made of an at least partially liquid, liquid or solid PCM (see instant spec at para [00112], Nagar ‘330 at para [0065]).
Regarding claim 78, Nagar '330 and Nagar '368, in combination, disclose the apparatus of claim 72. Modified Nagar '330 further discloses wherein the PCM element is contiguous with at least a portion of an external wall of the receptacle (Nagar ‘330, PCM 180 abuts and so is contiguous with outer surface of wall of 218; figure 1; paragraph [0057]).
Regarding claim 82, Nagar '330 and Nagar '368, in combination, disclose the apparatus of claim 72. Modified Nagar '330 further discloses wherein the lateral wall of the housing is formed with at least one flat surface configured to prevent rolling of the substance storage apparatus on a substantially flat surface (140 has flat walls shown at 102 that would prevent rolling, see Fig. 1, para [0051]).
Regarding claim 83, Nagar '330 and Nagar '368, in combination, disclose the apparatus of claim 72. Modified Nagar '330 further discloses wherein the receptacle is sized and shaped so as to fully enclose the substance-container (see para [0051], enclosure with cap), and wherein the apparatus comprises a lid (removable second portion 188, paras [0068]-[0069]) disposed at the proximal end of the housing (Fig. 2A).
Regarding claim 84, Nagar '330 and Nagar '368, in combination, disclose the apparatus of claim 72. Modified Nagar '330 further discloses wherein the receptacle (218; figure 1) is configured with a length along its longitudinal axis dimensioned to receive a needle-containing region (112, as shown) and a substance reservoir region (106, as shown) of a substance-injection device (108) of the substance-container which constitutes the substance-injection device configured with the substance reservoir region disposed along a longitudinal axis thereof, intermediate to a plunger region (182) positioned at a first end thereof (a portion of the region of container 104 having plunger 182 is shown to protrude from the right top portion of enclosure 102), and the needle-containing region (112) positioned at a second end thereof (Fig. 1A, 3), and wherein at least a portion of the plunger region protrudes from the top portion of the housing (see Fig. 1A, 3).
Regarding claim 85, Nagar '330 and Nagar '368, in combination, disclose the apparatus of claim 84. Modified Nagar '330 further discloses wherein the receptacle is shaped complementary to the shape of the substance-injection device (para [0051]), and comprises a reservoir region-receiving portion configured with a first receptacle-portion having a first diameter and being dimensioned to receive the reservoir region (portion of wall 218 receiving the portion of pen 108 with chamber 106, and so is capable of receiving a reservoir region of an appropriately sized and shaped injection pen - note that the substance container as recited in claim 1 is not explicitly claimed); and a needle-containing region-receiving portion configured with a second receptacle portion including a second diameter and being dimensioned to receive the needle-containing region of the substance-injection device (portion of wall 218 receiving the portion of pen 108 with needle 112, and so is capable of receiving a needle containing region of an appropriately sized and shaped injection pen - note that the substance container as recited in claim 72 is not explicitly claimed), thereby the receptacle is shaped to complementary to the shape of the substance-injection device (enclosure 102 is shaped complementary to the shape of the injection pen 108) which is formed with:
a first container portion substantially perpendicular to the longitudinal axis and disposed at the reservoir region, the first container portion configured with a first diameter (enclosure 102 is capable of receiving an appropriately sized injection device with a first container portion in the reservoir region with a first diameter; figure 1 note that the substance container as recited in claim 1 is not explicitly claimed); and
a second container portion substantially parallel to the first container portion and disposed at the needle-containing region, the second container portion configured with a second diameter smaller than the first diameter (enclosure 102 is capable of receiving an appropriately sized injection device with a second container portion parallel to the first container portion in the needle-containing region with a second diameter smaller than the first diameter; figure 1 note that the substance container as recited in claim 72 is not explicitly claimed).
Nagar ‘330 does not expressly teach that wherein the second diameter of the second receptacle portion is smaller than the first diameter of the first receptacle portion. However, Nagar ‘368 teaches wherein the second diameter of the second receptacle portion is smaller than the first diameter of the first receptacle portion (see Figs. 4-6 of ‘Nagar ‘368, para [0159]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to make the second diameter smaller than the first diameter in the receptacle region of Nagar ‘330 as taught by Nagar ‘368 in order to provide the advantages of holding the drug containing syringe in position and securely held in place to prevent breakage.
Regarding claim 86, Modified Nagar '330 further discloses wherein the receptacle (218; figure 1) comprises: a reservoir region-receiving portion dimensioned to snugly receive the reservoir region (portion of wall 218 receiving the portion of pen 108 with chamber 106, and so is capable of snugly receiving a reservoir region of an appropriately sized and shaped injection pen - note that the substance container as recited in claim 1 is not explicitly claimed); and a needle-containing region-receiving portion dimensioned to snugly receive the needle-containing region (portion of wall 218 receiving the portion of pen 108 with needle 112, and so is capable of snugly receiving a needle containing region of an appropriately sized and shaped injection pen - note that the substance container as recited in claim 1 is not explicitly claimed).
Regarding claim 87, Nagar '330 fails to disclose wherein the receptacle is formed with a protuberance protruding from an internal surface of the receptacle at the reservoir receiving-portion, the protuberance being configured for housing a temperature sensor and positioning the temperature sensor to face the substance reservoir region. Nagar '368 discloses wherein the receptacle (insulating enclosure 284 defines a receptacle receiving container 104; figure 6; paragraph [0161]) is formed with a protuberance (170) protruding from an internal surface of the receptacle at the reservoir receiving-portion (base 172 of transmitter 170 protrudes from an internal surface of enclosure 284 as shown), the protuberance being configured for housing a temperature sensor (transmitter 170 has a protruding portion 174 that houses temperature sensor 184; figure 6; paragraphs [0104], [0106]) and positioning the temperature sensor facing the substance reservoir region (temperature sensor 184 faces the region of container 104 containing chamber 106 as shown; figure 6). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Nagar '330's apparatus to include a receptacle formed with a protuberance protruding from an internal surface of the receptacle at the reservoir receiving-portion, the protuberance being configured for housing the temperature sensor and positioning the temperature sensor facing the substance reservoir region as taught by Nagar '368 because, as Nagar '368 discloses, this [0104]). feature provides thermal conduction and mechanically engages the chamber region of the substance container (Nagar '368; paragraph [0104]).
Regarding claim 88, Nagar '330 fails to disclose wherein the housing is formed with at least one retainer for preventing the receptacle from being axially displaced in response to expansion of the PCM element within the PCM volume when in an at least partial liquid state. Nagar '368 discloses wherein the housing (300; figure 6) is formed with at least one retainer (the housing of ECM 162) for preventing the receptacle (170) from being axially displaced in response to expansion of the PCM element within the PCM volume when in an at least partial liquid state (the location of the housing of ECM 162 is such that expansion of phase change material 324 or 326 it will prevent transmitter 170 from axially displacing to the left in response to expansion of the phase change material 324 or 326 in a liquid state; figure 6; paragraphs [0122], [0171]-[0172]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Nagar '330's apparatus to include a housing which is formed with at least one retainer for preventing the receptacle from being axially displaced in response to expansion of the PCM element within the PCM volume when in an at least partial liquid state as taught by Nagar '368 because, as Nagar '368 discloses, this feature provides thermal conduction and mechanically engages the chamber region of the substance container (Nagar '368; paragraph [0104]), and due to the corresponding locations of the housing of the electronic control module and the transmitter, there are no large gaps which would allow shifting of the components within the apparatus that could cause components to break during transport or shipping.
Regarding claim 89, Nagar '330 discloses a substance storage apparatus (100; figure 1) for storing a substance-container (104) with a peripheral wall and for containing a substance (substance container 104 having a peripheral wall as shown and stores a substance, inherently formed of a first material and is commonly known to be hard plastic or glass; figure 1; paragraph [0044]), the apparatus comprising: a housing (102; figure 1; paragraph [0051]) formed of a base at a distal end of the storage apparatus (left base portion of enclosure 102) and a lateral wall longitudinally extending therefrom (cylindrical side wall of enclosure 102) to a top portion at a proximal end (right top portion of enclosure 102); a thermal insulation element (170) disposed within the housing (as shown) and configured to provide a thermal shield to the substance (thermal insulation 170 prevents uncontrolled changes in temperature to the substance in container 104; figure 1; paragraph [0054]); a receptacle (218) having a size and shape configured for receiving the substance container therein (as shown); and a phase change material "PCM" element (180) configured to thermally regulate the temperature of the substance (PCM 180 absorbs heat flux before it reaches the substance in container 104; figure 1; paragraph [0057]), wherein the PCM element is disposed within a PCM volume formed intermediate at least a section of the receptacle and at least a section of the thermal insulation element (as shown). Nagar ‘330 teaches a lid (removable second portion 188, paras [0068]-[0069]) disposed at the proximal end of the housing (Fig. 2A), but not does not expressly teach the lid comprising a second PCM element.
Nagar '368 discloses a lid (top portion at 150/202 in Fig. 5 at 284) disposed at least partially over the top portion of the housing and comprising a second PCM element (additional PCM at 260, see Fig. 5, para [0165]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Nagar '330's apparatus to include a lid disposed at least partially over the top portion of the housing and comprising a second PCM element as taught by Nagar '368 because Nagar '368's lid and additional PCM material provide the stated advantages of aiding in control of the environmental conditions of the substance in the container (see para [0157]).
Regarding claim 90, Nagar '330 and Nagar '368, in combination, discloses the apparatus of claim 89, and Nagar ‘368 teaches wherein the lid comprises a first portion (proximal end of 150/202) configured for overlaying the top portion and a second portion extending into the housing when the lid encloses the housing (distal end of 202/150, see Fig. 5).
Regarding claim 91, Nagar '330 and Nagar '368, in combination, discloses the apparatus of claim 89, and Nagar ‘368 teaches wherein the thermal insulation element of the housing terminates at a lip region thereof (portion at 288, Fig. 5, edge of 288 is lip since it is the equivalent to edge/lip of a cup), and the second PCM element (260) contained in the second portion is configured to axially extend into the housing towards the distal end, at least beyond the lip region (see Fig. 5, para [0157]).
Claims 77 and 81 are rejected under 35 U.S.C. 103 as being unpatentable over Nagar '330 in view of Nagar '368 and Wengreen, US 2018/0036202 A1 (“Wengreen”).
Regarding claim 77, In the alternative that Nagar '330 fails to disclose wherein the PCM element is inserted into the PCM volume in an at least partially liquid state, Wengreen discloses wherein the PCM element is inserted into the PCM volume in an at least partially liquid state (the phase change liquid is poured into a container which is placed in the storage system 700a; figure 5; paragraphs [0264]-[0265]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Nagar '330's apparatus such that the PCM element is inserted into the PCM volume in an at least partially liquid state as taught by Wengreen because the separate containers can be used to hold the liquid phase change material in a sealed manner to prevent leakage (Wengreen; paragraph [0265]).
Regarding claim 81, Nagar '330 and Nagar '368, in combination, disclose the apparatus of claim 72. Nagar '330 fails to disclose wherein the thermal insulation element comprises: an external cylinder formed with an external base portion and an external peripheral wall extending longitudinally from the external base portion to a first lip thereof; an internal cylinder formed with an internal base portion and an internal peripheral wall extending longitudinally from the internal base portion to a second lip; and a rim connecting the first lip to the second lip. Wengreen discloses wherein the thermal insulation element (inner wall 710 coupled to outer wall 712 with a vacuum chamber 708 defined therebetween; figure 3; paragraph [0247]) comprises: an external cylinder (712) formed with an external base portion (lower base of outer wall 712) and an external peripheral wall (cylindrical outer wall of wall 712) extending longitudinally from the external base portion to a first lip thereof (extending to a top lip of outer wall 712); an internal cylinder (710) formed with an internal base portion (lower base of inner wall 710) and an internal peripheral wall (cylindrical outer wall of wall 710) extending longitudinally from the internal base portion to a second lip (extending to a top lip of inner wall 710); and a rim connecting the first lip to the second lip (a rim connects the top lips of walls 710 and 712 as shown - see figure 6B of the Instant Application, where the lips and rim are integral parts of the external cylinder and internal cylinder). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Nagar '330's apparatus such that the thermal insulation element comprises: an external cylinder formed with an external base portion and an external peripheral wall extending longitudinally from the external base portion to a first lip thereof; an internal cylinder formed with an internal base portion and an internal peripheral wall extending longitudinally from the internal base portion to a second lip; and a rim connecting the first lip to the second lip as taught by Wengreen because, as Wengreen discloses, the use of a vacuum chamber can greatly improve the insulation properties and reduce heat transfer rats such that the PCMs can release or absorb heat faster enough to maintain a suitable temperature to protect the medicine (Wengreen; paragraph [0409]).
Claims 79-80 are rejected under 35 U.S.C. 103 as being unpatentable over Nagar '330, Nagar '368, and/or Wengreen, and further in view of Booska, US 2014/0263368 A1 (“Booska”).
Regarding Claim 79, Nagar '330 and Nagar '368 and Wengreen, in combination, disclose the apparatus of claim 77. Nagar '330 fails to disclose wherein the receptacle comprises at least one lateral projection protruding from an external wall of the receptacle, the at least one lateral projection configured for positioning the receptacle within the PCM volume. Booska discloses wherein the receptacle (60; figure 4) comprises at least one lateral projection (66) protruding from an external wall of the receptacle (as shown), the at least one lateral projection configured for positioning the receptacle within the PCM volume (indentations 66 protrude into the chamber 64 containing the phase change material, and so are capable of helping to position the phase change material; figure 4; paragraphs [0041]-[0043]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Nagar '330's apparatus such that the receptacle comprises at least one lateral projection protruding from an external wall of the receptacle, the at least one lateral projection configured for positioning the receptacle within the PCM volume as taught by Booska because, as Booska discloses, these indentations enhance the thermal performance by providing more effective surface area for thermal conduction (Booska; paragraphs [0009], [0043]).
Regarding claim 80, Nagar '330, Nagar '368, Wengreen, and Booska, in combination, disclose the apparatus of claim 79. Nagar '330 fails to disclose wherein the at least one lateral projection is formed of a material with a degree of thermal conductivity equal to or greater than the degree of thermal conductivity of the PCM element. Booska discloses wherein the at least one lateral projection is formed of a material with a degree of thermal conductivity equal to or greater than the degree of thermal conductivity of the PCM element (the projections 66 on the wall 60 are highly conductive relative to the poor thermal conductivity of the phase change material; paragraphs [0041], [0043]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Nagar '330's apparatus such that the receptacle comprises at least one lateral projection formed of a material with a degree of thermal conductivity equal to or greater than the degree of thermal conductivity of the PCM element as taught by Booska because, as Booska discloses, these indentations enhance the thermal performance by providing more effective surface area for thermal conduction (Booska; paragraphs [0009], [0043]).
Claims 72-74 are rejected under 35 U.S.C. 103 as being unpatentable over Nagar '330 in view of Kyowa, WO 2014/163120 A1 (“Kyowa”).
Regarding claim 72, Nagar '330 discloses a substance storage apparatus (100; figure 1) for storing a substance-container (104) configured with an outer surface formed of a first material and for containing a substance (apparatus 100 receives a substance container 104 having an outer surface as shown, and so is capable of receiving a similar glass container; figure 1; paragraph [0044]), the apparatus comprising: a housing (102; figure 1; paragraph [0051]) formed of a base at a distal end of the storage apparatus (left base of enclosure 102) and a lateral wall longitudinally extending therefrom (cylindrical side wall of enclosure 102) to a top portion at a proximal end (right top portion of enclosure 102), the top portion comprising: an aperture configured for receiving an end of the substance-container therethrough (the right top portion of enclosure 102 forms an aperture receiving substance container 102 as shown; figure 1; paragraph [0046]); a thermal insulation element (170) disposed within the housing (as shown) and configured to provide a thermal shield to the substance (thermal insulation 170 prevents uncontrolled changes in temperature to the substance in container 104; figure 1; paragraph [0054]); a receptacle (218) having a size and shape configured for receiving the substance container therein (as shown); and a phase change material "PCM" element (180) configured to thermally regulate the temperature of the substance (PCM 180 absorbs heat flux before it reaches the substance in container 104; figure 1; paragraph [0057]), wherein the PCM element is disposed within a PCM volume formed intermediate at least a section of the receptacle and at least a section of the thermal insulation element (as shown). Nagar '330 fails to disclose a top portion comprising: a cover at least a portion of which is formed of a second material including a greater degree of resilience than the first material; and an aperture at least partially surrounded by the cover and configured for receiving an end of the substance-container therethrough. Kyowa discloses a top portion (30; figures 1-3) comprising: a cover (inner lid 30 is a cover as shown) at least a portion of which is formed of a second material including a greater degree of resilience than the first material (inner lid 30 is formed of elastomer (second material) which has a greater degree of resilience than glass; abstract; figures 1-3; page 3, lines 30-35); and an aperture at least partially surrounded by the cover and configured for receiving an end of the substance-container therethrough (a central aperture formed within the inner lid 30 for receiving the extraction member, and so is capable of receiving an elongated substance container; abstract; figures 1-3, 5A-5C). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Nagar '330's apparatus to include a top portion comprising a cover at least a portion of which is formed of a second material including a greater degree of resilience than the first material; and an aperture at least partially surrounded by the cover and configured for receiving an end of the substance-container therethrough as taught by Kyowa because, as Kyowa discloses, the elastomer material of the cover is sealed closed unless the extraction member is inserted, which opens the cover as needed (Kyowa; abstract; page 3, lines 55-60). Additionally, Kyowa's separable cover would allow the components within Nagar '330's housing to be installed, removed, or replaced as needed. Without a separable member the insulation phase change materials in the housing would be difficult or impossible to install, remove, or replace. Additionally, the elastomer material of the cover would provide a soft interface with the substance container, which would typically be made of a hard plastic or glass and could break easily if it was in contact with another hard material during transport or shipping.
Regarding claim 73, Nagar '330 and Kyowa, in combination, disclose the apparatus of claim 72. Nagar '330 fails to disclose wherein the cover comprises a plurality of flaps or leaflets. Kyowa discloses wherein the cover comprises a plurality of flaps or leaflets (inner lid 30 includes shutter portions 36 which form flaps or leaflets as shown; figures 1-3, 5A-5C). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Nagar '330's apparatus to include a top portion comprising a plurality of flaps or leaflets as taught by Kyowa because, as Kyowa discloses, the elastomer material of the cover is sealed closed unless the extraction member is inserted, which opens the cover as needed (Kyowa; abstract; page 3, lines 55-60). Additionally, the elastomer material of the cover defining a plurality of flaps or leaflets would provide a soft interface with the substance container, which would typically be made of a hard plastic or glass and could break easily if it was in contact with another hard material during transport or shipping.
Regarding claim 74, Nagar '330 and Kyowa, in combination, disclose the apparatus of claim 72. Kyowa discloses wherein the top portion further comprises at least one recess extending from the aperture (a central aperture formed within the inner lid 30 from which radial slits 34 (recesses) extend as shown; abstract; figures 1-3, 5A-5C). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Nagar '330's apparatus to include a top portion comprising at least one recess extending from the aperture as taught by Kyowa because, as Kyowa discloses, the elastomer material of the cover is sealed closed unless the extraction member is inserted, which opens the cover as needed (Kyowa; abstract; page 3, lines 55-60). Additionally, the elastomer material of the cover defining the at least one recess would provide a soft interface with the substance container, which would typically be made of a hard plastic or glass and could break easily if it was in contact with another hard material during transport or shipping.
Claim 75 is rejected as being obvious over Nagar '330 and Kyowa, further in view of Rideg, US 2016/0311585 A1 (“Rideg”).
Regarding claim 75, Nagar '330 and Kyowa, in combination, disclose the apparatus of claim 74. Nagar '330 fails to disclose wherein the flaps or leaflets are arranged so as to form a tricuspid valve-like shape. Kyowa discloses the flaps or leaflets are arranged so as to form a valve-like shape (inner lid 30 includes shutter portions 36 which form flaps or leaflets as shown, defining a slit like valve; figures 1-3, 5A-5C). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Nagar '330's apparatus to include a top portion comprising a plurality of flaps or leaflets as taught by Kyowa because, as Kyowa discloses, the elastomer material of the cover is sealed closed unless the extraction member is inserted, which opens the cover as needed (Kyowa; abstract; page 3, lines 55-60). Additionally, the elastomer material of the cover defining a plurality of flaps or leaflets would provide a soft interface with the substance container, which would typically be made of a hard plastic or glass and could break easily if it was in contact with another hard material during transport or shipping. Rideg discloses wherein the flaps or leaflets (15; figure 1) are arranged so as to form a tricuspid valve-like shape (as shown, the three flaps 15 with the three slits 14 generally form a tricuspid valve like shape). Subject to the obvious combination of Nagar '330 and Kyowa, since Kyowa discloses that the shutter portions are divided into six parts but various division numbers such as four or eight may be used (Kyowa; page 4, lines 35-40), it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Nagar '330 and Kyowa's number of flaps or leaflets to be three so as to form a tricuspid valve-like shape as taught by Rideg because modifying the number of flaps or slits so as to form a different shape is generally obvious, especially since Kyowa suggest modifying the number of flaps or slits.
Conclusion
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/KATRINA M STRANSKY/Primary Examiner, Art Unit 3700