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 .
Status
This Office Action is in response to the remarks and amendments filed on 02/02/2026.
Claims 1-20 remain pending for consideration on the merits.
Election/Restrictions
Claim 20 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 04/29/2025. Further, it is unclear to the Examiner which species claim 20 belongs to as it does not appear to be sufficient description in the published application which would correspond to the elected species.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Voute et al (WO 2007103917 A2) in view of Wei (CN 110769689 A).
Regarding claim 1, Voute teaches a cold pack (container 10) for maintaining the temperature of goods (container 10 may be adapted to receive and contain frozen and/or liquid biopharmaceutical materials, paragraph 0044) within a range of temperatures during transport (container 10 and holder 15 may also be adapted to be received in a temperature control unit 20, paragraph 0042), the cold pack (container 10) comprising: a main body (as shown on figure 5) defining an inner chamber (an interior volume, paragraph 0043).
Voute teaches the invention as described above but fail to teach a phase changeable medium disposed in the inner chamber, the phase changeable medium comprising a polymer and a peptide disposed in the polymer.
However, Wei teaches a phase changeable medium (peptide monomers, such as peptide-like polymers formulated in the freezing protective liquid contact, abstract) disposed in the inner chamber (corresponding to container 10 of Voute, as modified), the phase changeable medium comprising a polymer and a peptide disposed in the polymer (peptide monomers, such as peptide-like polymers formulated in the freezing protective liquid contact, abstract).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the cold pack in the teachings of Voute to include a phase changeable medium disposed in the inner chamber, the phase changeable medium comprising a polymer and a peptide disposed in the polymer in view of the teachings of Wei in order to yield the predictable results providing controlled cooling for improved cell temperature survival.
Claims 2-4 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Voute as modified by Wei as applied to claim 1 above, and further in view of Thompson et al (US 11046735 B2).
Regarding claims 2 and 17, the combined teachings teach the invention as described above but fail to teach wherein the peptide comprises a lateral root hair promoting peptide.
However, Thompson teaches wherein the peptide comprises a lateral root hair promoting peptide (root hair promoting polypeptide, col 5 line 59, corresponding to the peptide of Sun).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the cold pack in the combined teachings to include wherein the peptide comprises a lateral root hair promoting peptide in view of the teachings of Lee in order to yield the predictable results of increasing growth, yield, health and longevity.
Regarding claims 3 and 18, the combined teachings teach wherein the peptide has the amino acid sequence set forth in SEQ ID NO. 1 (amino acid sequence of the flagellin or flagellin-associated polypeptide can comprise any one of SEQ ID NOs: 1, col 14 lines 23-25 of Thompson).
Regarding claim 4, the combined teachings teach wherein the peptide (root hair promoting polypeptide, col 5 line 59 of Thompson, corresponding to the peptide of Sun) is a component of a peptide-containing composition (root hair promoting polypeptide (RHPP) is a 12 amino acid fragment, col 5 lines 59-60 of Thompson).
Claims 5-6 and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Voute as modified by Wei and Thompson as applied to claim 4 above, and further in view of Li et al (US 20200131096 A1).
Regarding claims 5 and 15, the combined teachings teach the invention as described above but fail to teach wherein the peptide-containing composition comprises a plant-derived protein hydrolysate.
However, Li teaches wherein the peptide-containing composition (peptide, paragraph 0089) comprises a plant-derived protein hydrolysate (plant-derived protein hydrolysate, paragraph 0089).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the cold pack in the combined teachings to include wherein the peptide-containing composition comprises a plant-derived protein hydrolysate in view of the teachings of Li in order to yield the predictable results of providing a nitrogen source.
Regarding claims 6 and 16, the combined teachings teach wherein the peptide-containing composition (peptide, paragraph 0089 of Li) comprises a legume-derived protein hydrolysate (legume seed protein hydrolysate, paragraph 0089 of Li).
Claims 7-8 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Voute as modified by Wei as applied to claim 1 above, and further in view of Bitis et al (CN 102245218 A).
Regarding claim 7, the combined teachings teach the invention as described above but fail to teach wherein the polymer comprises an organic polymer.
However, Bitis teaches wherein the polymer comprises an organic polymer (superabsorbent polymer composite can include an organic crosslinking agent, paragraph 0019).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the cold pack in the combined teachings to include wherein the polymer comprises an organic polymer in view of the teachings of Bitis in order to yield the predictable results of using the polymer as super-absorbent material.
Regarding claims 8 and 19, the combined teachings teach wherein the polymer (polymer, paragraph 0042 of Bitis) comprises an organic superabsorbent polymer (organic superabsorbent polymer, paragraph 0042 of Bitis).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Voute as modified by Wei and Bitis as applied to claim 1 above, and further in view of Fan et al (US 20190269548 A1).
Regarding claim 9, the combined teachings teach the invention as described above but fail to teach wherein the polymer comprises potassium polyacrylate.
However, Fan teaches wherein the polymer (polymer, paragraph 0020) comprises potassium polyacrylate (potassium polyacrylate, paragraph 0020).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the cold pack in the combined teachings to include wherein the polymer comprises potassium polyacrylate in view of the teachings of Fan in order to yield the predictable results of using it as part of a temperature therapy pack.
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Voute as modified by Wei as applied to claim 1 above, and further in view of Eom (KR 200386926 Y1).
Regarding claim 10, the combined teachings teach the invention as described above but fail to teach wherein the main body has a first outer surface, a second outer surface, a first edge, a second edge, a third edge, a fourth edge, and an intermediate seam, and the first outer surface is connected to the second outer surface by the first edge, the second edge, the third edge, the fourth edge, and the intermediate seam.
However, Eom teaches wherein the main body (cold pack, figures 1-5) has a first outer surface (front surface of cold pack, figure 2), a second outer surface (rear surface of cold pack, figure 2), a first edge (left edge of cold pack, figure 2), a second edge (right edge of cold pack, figure 2), a third edge (lower edge of cold pack 2, figure 2), a fourth edge (top edge of cold pack, figure 2), and an intermediate seam (zipper 70, figures 1-5), and the first outer surface (front surface of cold pack, figure 2) is connected to the second outer surface (rear surface of cold pack, figure 2) by the first edge (left edge of cold pack, figure 2), the second edge (right edge of cold pack, figure 2), the third edge (lower edge of cold pack 2, figure 2), the fourth edge (top edge of cold pack, figure 2), and the intermediate seam (as shown on figure 5).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the cold pack in the combined teachings to include wherein the main body has a first outer surface, a second outer surface, a first edge, a second edge, a third edge, a fourth edge, and an intermediate seam, and the first outer surface is connected to the second outer surface by the first edge, the second edge, the third edge, the fourth edge, and the intermediate seam in view of the teachings of Eom in order to yield the predictable results of providing a completely enclosed and sealed cold pack.
Regarding claim 11, the combined teachings teach wherein the first outer surface (front surface of cold pack, figure 2 of Eom), the second outer surface (rear surface of cold pack, figure 2 of Eom), the first edge (left edge of cold pack, figure 2 of Eom), the second edge (right edge of cold pack, figure 2 of Eom), the third edge (lower edge of cold pack 2, figure 2 of Eom), the fourth edge (top edge of cold pack, figure 2 of Eom), and the intermediate seam (zipper 70, figures 1-5 of Eom) define a boundary of the inner chamber (boundary of the inner chamber of cold pack, as shown on figure 4 of Eom).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Voute et al (WO 2007103917 A2) in view of Wei (CN 110769689 A).
Regarding claim 14, Voute teaches a cold pack (container 10) for maintaining the temperature of goods (container 10 may be adapted to receive and contain frozen and/or liquid biopharmaceutical materials, paragraph 0044) within a range of temperatures during transport (container 10 and holder 15 may also be adapted to be received in a temperature control unit 20, paragraph 0042), the cold pack (container 10), comprising: a main body (as shown on figure 5) defining an inner chamber (an interior volume, paragraph 0043).
Voute teaches the invention as described above but fail to teach a phase changeable medium disposed in the inner chamber, the phase changeable medium comprising an organic polymer and a peptide containing composition disposed in the organic polymer.
However, Wei teaches a phase changeable medium (peptide monomers, such as peptide-like polymers formulated in the freezing protective liquid contact, abstract) disposed in the inner chamber (corresponding to container 10 of Voute, as modified), the phase changeable medium comprising an organic polymer and a peptide containing composition disposed in the organic polymer (peptide monomers, such as peptide-like polymers formulated in the freezing protective liquid contact, abstract).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the cold pack in the teachings of Voute to include a phase changeable medium disposed in the inner chamber, the phase changeable medium comprising an organic polymer and a peptide containing composition disposed in the organic polymer in view of the teachings of Wei in order to yield the predictable results providing controlled cooling for improved cell temperature survival.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/DARIO ANTONIO DELEON/Examiner, Art Unit 3763
/JERRY-DARYL FLETCHER/Supervisory Patent Examiner, Art Unit 3763