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 .
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 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.
Claim Rejections - 35 USC § 103
1. 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 of this title, 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.
Claims 1, 5-9, 11 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Haberkorn et al (U.S. Patent No.: 5,609,265), hereinafter referred to as Haberkorn et al ‘265, in view of Rankin, Sr (U.S. Patent No.: 5,564,568), hereinafter referred to as Rankin, Sr. ‘568.
Regarding claim 1, Haberkorn et al. ‘265 disclose an ice barrel cover (10), comprising: a top cover (18) {as shown in Fig. 1: Col 1, Background of the invention, Col 2, Detailed Description of the Preferred Embodiment; wherein temperature sensitive material constitutes an ice}; and a body wrap (12) {as shown in Fig. 1: Col 2, Detailed Description of the Preferred Embodiment}; wherein said body wrap comprises one or more body wrap layers (52, 54 and 56) {as shown in Fig. 6: Col 3, ¶6; and Col 5, ¶3}; wherein said top cover comprises one or more top cover layers {as shown in Fig. 6: Col 3, ¶4}; wherein at least one of said one or more body wrap layers is a body wrap reflective outer layer {see Col 6, ¶4}; wherein at least one of said one or more top cover layers is a top cover reflective outer layer {see Col 6, ¶4, wherein the outer layer of 18 can include reflective layer}; wherein said body wrap is configured to be wrapped around an ice barrel (38) {as shown in Figs. 1, 2 and 5: Col 2, Detailed Description of the Preferred Embodiment}, such that the sides of said ice barrel are substantially covered by said body wrap {as shown in Figs. 1, 2 and 5}; wherein said top cover is configured to substantially cover a top of said ice barrel {as shown in Figs. 1-4}; and wherein when said top cover and said body wrap are donned on to said ice barrel, a rate of temperature increase in said ice barrel is lowered due to said reflective outer top cover layer and said body wrap reflective outer layer {see Col 1, Background of Invention, Col 5, ¶3 and Col 6, 4}.
However, Haberkorn et al. ‘265 fail to disclose the limitations of wherein said top cover and said body wrap are not permanently affixed to one another; wherein said top cover is configured, when donned on to said ice barrel, to removeably engage with said body wrap when said body wrap is donned on to said ice barrel by a binding device; and wherein said top cover at least partially covers an upper portion of said body wrap.
Rankin, Sr. ‘568 teaches: the concept of the top cover (18) and said body wrap (16) are not permanently affixed to one another {as shown in Figs. 1-2}; wherein said top cover is configured, when donned on to said ice barrel (12), to removeably engage with said body wrap when said body wrap is donned on to said ice barrel by a binding device (36) {as shown in Figs. 1-2}; and wherein said top cover at least partially covers an upper portion of said body wrap{as shown in Figs. 1-2}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Haberkorn et al. ‘265 in view of Rankin, Sr. ‘568 to include the use of the ice barrel cover with the top cover and said body wrap are not permanently affixed to one another; wherein said top cover is configured, when donned on to said ice barrel, to removeably engage with said body wrap when said body wrap is donned on to said ice barrel by a binding device; and wherein said top cover at least partially covers an upper portion of said body wrap, in order to facilitate easy/quick release of the barrel cover.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the Haberkorn et al. ‘265 in view of Vogt ‘476 to obtain the invention as specified in claim 1.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the Haberkorn et al. ‘265 in view of Rankin, Sr. ‘568 to obtain the invention as specified in claim 1.
Regarding claim 5, the combination of Haberkorn et al. ‘265 and Rankin, Sr. ‘568 disclose and teach the ice barrel cover of claim 1, Haberkorn et al. ‘265 disclose wherein said one or more body wrap layers further comprises a body wrap insulation layer (56) {as shown in Fig. 6: Col 3, ¶6}; wherein said one or more top cover layers further comprises a top cover insulation layer {as shown in Fig. 6: Col 3, ¶6}; wherein said body wrap insulation layer and said top cover insulation layer are configured to insulate said ice barrel when said body wrap and said top cover are donned on to said ice barrel, such that said rate of temperature increase of said ice barrel is further lowered {see Col 1, Background of Invention, and Col 5, ¶3}.
Regarding claim 6, the combination of Haberkorn et al. ‘265 and Rankin, Sr. ‘568 disclose and teach the ice barrel cover of claim 1, Haberkorn et al. ‘265 as modified by Rankin, Sr. ‘568 teaches further comprising one or more front handles (50) {as shown in Fig. 1: Col 5, ¶2}.
Regarding claim 7, the combination of Haberkorn et al. ‘265 and Rankin, Sr. ‘568 disclose and teach the ice barrel cover of claim 1, Haberkorn et al. ‘265 disclose further comprising one or more side handles (114) {as shown in Fig. 2}.
Regarding claim 8, the combination of Haberkorn et al. ‘265 and Rankin, Sr. ‘568 disclose and teach the ice barrel cover of claim 1, Haberkorn et al. ‘265 disclose wherein said body wrap further comprises a body wrap flap (32) that is configured to substantially cover said binding device {as shown in Figs. 2 and 7: Col 3, ¶2 and ¶5}.
Regarding claim 9, the combination of Haberkorn et al. ‘265 and Rankin, Sr. ‘568 disclose and teach the ice barrel cover of claim 1, Haberkorn et al. ‘265 disclose wherein said one or more body wrap layers further comprises a body wrap inner layer (52) {as shown in Figs. 5 and 6: Col 3, ¶6}.
Regarding claim 11, the combination of Haberkorn et al. ‘265 and Rankin, Sr. ‘568 disclose and teach the ice barrel cover of claim 9, Haberkorn et al. ‘265 disclose wherein, when said body wrap is donned on to said ice barrel, said body wrap inner layer matingly engages with an outer surface of said ice barrel {as shown in Fig. 6: Col 3, ¶2 and ¶4}.
Regarding claim 14, the combination of Haberkorn et al. ‘265 and Rankin, Sr. ‘568 disclose and teach the ice barrel cover of claim 1, Haberkorn et al. ‘265 disclose wherein said binding device is selected from the group of binding devices consisting of: zipper, hook and loop, magnets, and combinations thereof {see Fig. 2: Col 3, ¶2 and ¶5; wherein 36 and (48 or 50) constitutes a hook}.
Claims 13, 15 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Haberkorn et al ‘265 and Rankin, Sr. ‘568, further in view of Warman (U.S. Patent No.: 9,555,946 B1), hereinafter referred to as Warman ‘946.
Regarding claim 13, the combination of Haberkorn et al. ‘265 and Rankin, Sr. ‘568 disclose and teach the ice barrel cover of claim 1, EXCEPT for the limitations of wherein said body wrap reflective layer and said top cover reflective layer are smooth and have an albedo in the range of approximately 0.80 to approximately 1.00.
Warman ‘946 teaches: the concept of the body wrap reflective layer and said top cover reflective layer are smooth and have an albedo in the range of approximately 0.80 to approximately 1.00 {see Col 1, Background of the Invention, Field of Invention, and Col 3, ¶3; wherein a high albedo polished metallic or vitreous material constitute an albedo in the range of approximately 0.80 to approximately 1.00}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Haberkorn et al. ‘265 in view of Warman ‘946 so as to include the use of the body wrap reflective layer and said top cover reflective layer that are smooth and have an albedo in the range of approximately 0.80 to approximately 1.00, in order to facilitate reflection and radiation of heat away from the cooler {Warman ‘946 - see Col 1, Background of the Invention, Field of Invention, and Col 3, ¶3}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the Haberkorn et al. ‘265 in view of Warman ‘946 to obtain the invention as specified in claim 13.
Regarding claim 15, Haberkorn et al. ‘265 disclose an ice barrel cover (10), comprising: a top cover (18) {as shown in Fig. 1: Col 1, Background of the invention, Col 2, Detailed Description of the Preferred Embodiment; wherein temperature sensitive material constitutes an ice}; a body wrap (12) {as shown in Fig. 1: Col 2, Detailed Description of the Preferred Embodiment}; and a binding device (30, 36) {as shown in Figs. 2, 7 and 8: Col 3, ¶2} wherein said body wrap comprises one or more body wrap layers (52, 54 and 56) {as shown in Fig. 6: Col 3, ¶6; and Col 5, ¶3}; wherein said top cover comprises one or more top cover layers {as shown in Fig. 6: Col 3, ¶4}; wherein at least one of said one or more body wrap layers is a body wrap reflective outer layer {see Col 6, ¶4}; wherein at least one of said one or more top cover layers is a top cover reflective outer layer{see Col 6, ¶4, wherein the outer layer of 18 can include reflective layer}; wherein at least one of said one or more body wrap layers is a body wrap insulation layer (56) {as shown in Fig. 6: Col 3, ¶6}; wherein at least one of said one or more top cover layers is a top cover insulation layer {as shown in Fig. 6: Col 3, ¶6}; wherein said body wrap insulation layer and said top cover insulation layer are configured to insulate said ice barrel when said body wrap and said top cover are donned on to said ice barrel {see Col 1, Background of Invention, and Col 5, ¶3}; wherein said body wrap is configured to be wrapped around an ice barrel, such that the sides of said ice barrel are substantially covered by said body wrap {as shown in Figs. 1, 2 and 5}; wherein said top cover is configured to substantially cover a top of said ice barrel {as shown in Figs. 1-4}; and wherein when said top cover and said body wrap are donned on to said ice barrel, a rate of temperature increase in said ice barrel is lowered due to said top cover reflective outer layer, said body wrap reflective outer layer, said body wrap insulation layer, and said top cover insulation layer {see Col 1, Background of Invention, Col 5, ¶3 and Col 6, 4}.
However, Haberkorn et al. ‘265 fails to disclose the limitations of wherein said body wrap reflective layer and said top cover reflective layer are smooth and have an albedo in the range of approximately 0.80 to approximately 1.00; wherein said top cover and said body wrap are not permanently affixed to one another; wherein said top cover is configured, when donned on to said ice barrel, to removeably engage with said body wrap when said body wrap is donned on to said ice barrel by a binding device; and wherein said top cover at least partially covers an upper portion of said body wrap.
Warman ‘946 teaches: the concept of the body wrap reflective layer and said top cover reflective layer are smooth and have an albedo in the range of approximately 0.80 to approximately 1.00 {see Col 1, Background of the Invention, Field of Invention, and Col 3, ¶3; wherein a high albedo polished metallic or vitreous material constitute an albedo in the range of approximately 0.80 to approximately 1.00}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Haberkorn et al. ‘265 in view of Warman ‘946 so as to include the use of the body wrap reflective layer and said top cover reflective layer that are smooth and have an albedo in the range of approximately 0.80 to approximately 1.00, in order to facilitate reflection and radiation of heat away from the cooler {Warman ‘946 - see Col 1, Background of the Invention, Field of Invention, and Col 3, ¶3}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the Haberkorn et al. ‘265 in view of Warman ‘946 to obtain the invention as specified in claim 15.
Rankin, Sr. ‘568 teaches: the concept of the top cover (18) and said body wrap (16) are not permanently affixed to one another {as shown in Figs. 1-2}; wherein said top cover is configured, when donned on to said ice barrel (12), to removeably engage with said body wrap when said body wrap is donned on to said ice barrel by a binding device (36) {as shown in Figs. 1-2}; and wherein said top cover at least partially covers an upper portion of said body wrap{as shown in Figs. 1-2}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Haberkorn et al. ‘265 in view of Rankin, Sr. ‘568 to include the use of the ice barrel cover with the top cover and said body wrap are not permanently affixed to one another; wherein said top cover is configured, when donned on to said ice barrel, to removeably engage with said body wrap when said body wrap is donned on to said ice barrel by a binding device; and wherein said top cover at least partially covers an upper portion of said body wrap, in order to facilitate easy/quick release of the barrel cover.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the Haberkorn et al. ‘265 in view of Rankin, Sr. ‘568 to obtain the invention as specified in claim 15.
Regarding claim 17, the combination of Haberkorn et al. ‘265, Warman ‘946 and Rankin, Sr. ‘568 disclose and teach the ice barrel cover of claim 15, Haberkorn et al. ‘265 disclose further comprising at least one of: one or more side handles (114) {as shown in Fig. 2}, and a body wrap flap (32) configured to substantially cover said binding device {as shown in Figs. 2 and 7: Col 3, ¶2 and ¶5}; and Rankin, Sr. ‘568 teaches: the concept of the ice barrel cover comprising one or more front handles (50) {as shown in Fig. 1: Col 5, ¶2}.
Regarding claim 18, the combination of Haberkorn et al. ‘265, Warman ‘946 and Rankin, Sr. ‘568 disclose and teach the ice barrel cover of claim 15, Haberkorn et al. ‘265 disclose wherein said one or more body wrap layers further comprises a body wrap inner layer (52) {as shown in Figs. 5 and 6: Col 3, ¶6}.
Regarding claim 19, Haberkorn et al. ‘265 disclose an ice barrel cover (10), comprising: a top cover (18) {as shown in Fig. 1: Col 1, Background of the invention, Col 2, Detailed Description of the Preferred Embodiment; wherein temperature sensitive material constitutes an ice}; a body wrap (12) {as shown in Fig. 1: Col 2, Detailed Description of the Preferred Embodiment}; and a binding device (30, 36) {as shown in Figs. 2, 7 and 8: Col 3, ¶2} wherein said body wrap comprises a reflective outer body wrap layer {see Col 6, ¶4}, at least one body wrap insulation layer (56) {as shown in Fig. 6: Col 3, ¶6}, and a body wrap inner layer (52) {as shown in Figs. 5 and 6: Col 3, ¶6}; wherein said top cover comprises a reflective outer top cover layer {see Col 6, ¶4, wherein the outer layer of 18 can include reflective layer}, at least one top cover insulation layer {as shown in Fig. 6: Col 3, ¶6}; wherein said body wrap insulation layer and said top cover insulation layer are configured to insulate said ice barrel when said body wrap and said top cover are donned on to said ice barrel {as shown in Fig. 1}; wherein said body wrap is configured to be wrapped around an ice barrel (38) {as shown in Figs. 1, 2 and 5: Col 2, Detailed Description of the Preferred Embodiment}, such that the sides of said ice barrel are substantially covered by said body wrap {as shown in Figs. 1, 2 and 5}; wherein said top cover is configured to substantially cover a top of said ice barrel {as shown in Figs. 1-4}; wherein when said top cover and said body wrap are donned on to said ice barrel, a rate of temperature increase in said ice barrel is lowered due to said reflective outer top cover layer, said reflective outer body wrap layer, said body wrap insulation layer, and said top cover insulation layer {see Col 1, Background of Invention, Col 5, ¶3 and Col 6, 4}; wherein said body wrap further comprises a first side (32) and a second side edge (30) {as shown in Fig. 2}; wherein said binding device is configured to removeably connect said first side edge to said second side edge, such that said body wrap substantially encircles said ice barrel {as shown in Figs. 2 and 5}.
However, Haberkorn et al. ‘265 fails to disclose the limitations of wherein said body wrap reflective layer and said top cover reflective layer are smooth and have an albedo in the range of approximately 0.80 to approximately 1.00; wherein said top cover and said body wrap are not permanently affixed to one another; wherein said top cover is configured, when donned on to said ice barrel, to removeably engage with said body wrap when said body wrap is donned on to said ice barrel by a binding device; and wherein said top cover at least partially covers an upper portion of said body wrap.
Warman ‘946 teaches: the concept of the body wrap reflective layer and said top cover reflective layer are smooth and have an albedo in the range of approximately 0.80 to approximately 1.00 {see Col 1, Background of the Invention, Field of Invention, and Col 3, ¶3; wherein a high albedo polished metallic or vitreous material constitute an albedo in the range of approximately 0.80 to approximately 1.00}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Haberkorn et al. ‘265 in view of Warman ‘946 so as to include the use of the body wrap reflective layer and said top cover reflective layer that are smooth and have an albedo in the range of approximately 0.80 to approximately 1.00, in order to facilitate reflection and radiation of heat away from the cooler {Warman ‘946 - see Col 1, Background of the Invention, Field of Invention, and Col 3, ¶3}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the Haberkorn et al. ‘265 in view of Warman ‘946 to obtain the invention as specified in claim 19.
Rankin, Sr. ‘568 teaches: the concept of the top cover (18) and said body wrap (16) are not permanently affixed to one another {as shown in Figs. 1-2}; wherein said top cover is configured, when donned on to said ice barrel (12), to removeably engage with said body wrap when said body wrap is donned on to said ice barrel by a binding device (36) {as shown in Figs. 1-2}; and wherein said top cover at least partially covers an upper portion of said body wrap{as shown in Figs. 1-2}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Haberkorn et al. ‘265 in view of Rankin, Sr. ‘568 to include the use of the ice barrel cover with the top cover and said body wrap are not permanently affixed to one another; wherein said top cover is configured, when donned on to said ice barrel, to removeably engage with said body wrap when said body wrap is donned on to said ice barrel by a binding device; and wherein said top cover at least partially covers an upper portion of said body wrap, in order to facilitate easy/quick release of the barrel cover.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the Haberkorn et al. ‘265 in view of Rankin, Sr. ‘568 to obtain the invention as specified in claim 19.
Regarding claim 20, the combination of Haberkorn et al. ‘265, Warman ‘946 and Rankin, Sr. ‘568 disclose and teach the ice barrel cover of claim 19, Haberkorn et al. ‘265 disclose further comprising at least one of: one or more side handles (114) {as shown in Fig. 2}, and a body wrap flap (32) configured to substantially cover said binding device {as shown in Figs. 2 and 7: Col 3, ¶2 and ¶5}; and Rankin, Sr. ‘568 teaches: the concept of the ice barrel cover comprising one or more front handles (50) {as shown in Fig. 1: Col 5, ¶2}.
Conclusion
2. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-20180327171-A1 to Waltermire; Jamie
US-6029847-A to Mahoney, Jr.; Richard M.
US-2001476-A to VOGT CLARENCE W.
CA-2738913-A1 to WANG DAO YUN.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMANUEL E DUKE whose telephone number is (571)270-5290. The examiner can normally be reached on Monday thru Friday; 6:00 AM to 2:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FRANTZ JULES can be reached on (571)272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMMANUEL E DUKE/
Primary Examiner, Art Unit 3763
09/22/2025