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 .
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 1-7 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 1 is construed to be indefinite because the recitation “the parameter” lacks a positive antecedent basis. Since claims 2-7 depend directly or indirectly upon an indefinite claim, those claims are construed to be indefinite by dependency.
Claim Rejections - 35 USC § 102
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.
Claims 1-7 and 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jiang (US 11,287,185). The claims are reasonably and broadly construed, in light of the accompanying specification, as being disclosed by Jiang as teaching:
an apparatus (see title and abstract), comprising:
a freeze dry shelf 116 having a body 118 comprising a planar rectangular geometry (inherently shown in figure 1);
a surface layer applied to a portion of the body (column 3 lines 13-24 wherein the claimed layer is met by the disclosed water because both are applied to a portion of a body); and
a component 122 disposed on the body of the freeze dry shelf to:
detect a measurement of a condition proximate the body (column 3 lines 36-47);
communicate a signal indicative of the parameter via a contact disposed on an edge of the body (column 3 lines 48-67); or alternatively:
a method (see title and abstract), comprising:
forming a freeze dry shelf 116 having a body 118 comprising a planar rectangular geometry (shown in figure 1);
applying a surface layer to a portion of the body (column 3 lines 13-24 wherein the claimed layer is met by the disclosed water because both are applied to a portion of a body);
disposing at least one contact 122 on an edge of the body;
coupling a first component to the at least one contact to detect a measurement of a condition proximate the body (column 3 lines 36-47); and
coupling a second component to the at least one contact to apply heat to the body (column 3 lines 48-67). Jiang also discloses the claim 2 feature wherein the component forms a portion of a component array disposed on the body (column 3 lines 36-47 and shown in figure 1), the claim 3 feature wherein the component array further comprises a coupling 102 extending between the component and at least one of another component or the contact (wherein the disclosed chamber meets the claimed coupling because both extend between a component and at least one other component or contact), the claim 4 feature wherein the component array comprises at least one heater and at least one sensor (column 3 lines 13-24), the claim 5 feature wherein the component array is distributed with the component disposed at a distance from the contact (shown in figure 1), the claim 6 feature wherein the component comprises at least one of a sensor and a heating element (column 3 lines 48-67), and the claim 7 feature wherein the component is disposed along a middle of the body (shown in figure 1).
Claims 8-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Anger (US 5,822,882). The claims are reasonably and broadly construed, in light of the accompanying specification, as being disclosed by Anger as teaching:
an system (see title and abstract), comprising:
a freeze dry shelf 140, 142, or 144 having a body 134, 136, or 138 forming a sheet (shown in figures 4A, 4B);
a surface layer 112 applied to a portion of the body;
at least one contact disposed on an edge of the body (shown in figures 4A, 4B);
a first component 212 or 214 coupled to the at least one contact and configured to detect a measurement of a condition proximate the body (figure 8 and column 7 lines 43-49); and
a second component 308 coupled to the at least one contact and configured to apply heat to the body (column 9 lines 4-35 and shown in figured 10A). Anger also discloses the claim 9 feature wherein the first component and the second component form a portion of a component array (column 7 lines 73-49), the claim 10 feature wherein the component array further comprises a coupling in electrical communication with at least one of the first component and the second component (column 9 lines 4-35), the claim 11 feature wherein the component array is distributed with one or more of the first component and the second component at a distance from the at least one contact (figures 4A, 10A), the claim 12 feature wherein the component array comprises at least one of a plurality of sensors or a plurality of heating elements (column 7 lines 43-49), the claim 13 feature wherein the first component corresponds to a first contact and the at least one contract and the second component corresponds to a second contact and the at least one contract (figures 4A, 10A), and the claim 14 feature wherein at least one of the first component or the second component is disposed along a middle of the body (in figures 4B, 10B).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 8, and 15 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1, 8, and 15 of copending Application No. 18/317,808 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because it would have been an obvious matter of design choice to recite a current application claimed surface layer applied instead of the copending claimed treatment application, since both have the same result with the same structure and function. Furthermore, it would have been an obvious matter of design choice to omit the current claimed features of component detection and component heating which are absent from the copending claimed invention. Applicants have not claimed or specified the criticality of the current claimed invention over the copending claimed invention such that a patent can be granted.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Other prior art references cited with this application may teach one or more claim features, but do not rise to a level of anticipation, obviousness, and/or double patenting such that a rejection would be proper or reasonable under current Office practice and procedure. References A, B, cited with this action, are patent publications from the same inventive entity as the current application. References C, D, E, F, G, H, I, J, K, N, O, P, Q, cited with this action teach apparatus and method of freeze drying.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN MICHAEL GRAVINI whose telephone number is (571)272-4875. The examiner can normally be reached M-Th 5:30 am to 5:00 (mid day flex) first F 6:00 am t0 11:00 am.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig Schneider can be reached at 571 272 3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Tuesday, December 30, 2025
/STEPHEN M GRAVINI/Primary Examiner, Art Unit 3753