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 .
Drawings
The drawings are objected to because the block shaded drawings are not acceptable and do not adequately show the invention. Figures 10-17 include writing and text that are not legible. Black and white LINE DRAWINGS must be submitted. Please see MPEP 608.02 Section VII. “To be acceptable, Black and White photographs must be of sufficient quality so that all details in the photographs are reproducible in the printed patent. If several photographs are used to make one sheet of drawings, the photographs must be contained on a single sheet.” Please note the reproduction of Figures 10-13 in Published Application US 2024/0262562.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the features canceled from the claims. No new matter should be entered.
Claim 11 recites “one or more lugs molded into a side of the tote liner”. This is not shown in the drawings nor assigned a reference number.
Claim 12 recites “two or more sides comprise a length that is adjustable.” This is not shown in the drawings, as there are no sidewalls with adjustable length demonstrated or shown. It is unclear what part of the structure of Figure 14 is adjustable.
Claim 13 recites “a temperature sensor cover”. While text reciting a “temperature sensor cover” is shown in Figure 15, it is unclear what part of the liner is being indicated in the drawings. Paragraph 0046 recites “[the liner] must allow the temperature sensor access to the inside of the liner for temperature monitoring of the actively cooled tote.” It is now shown how a cover may further allow access to the inside of the liner and more details must be shown to enable such a sensor cover, especially as the temperature sensor is not shown in relation to the liner. Please note that while Figure 4 shows a temperature control sensor (420), this reference number is absent in the written description and Figure 4 makes no reference to a liner.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference characters not mentioned in the description: Figure 4 shows multiple elements with reference numbers, none of which appear in the written description.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 11-14 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Regarding Claim 11, the claim recites “one or more lugs molded into a side of the tote liner.” This is not enabled.
Paragraph 0048 of Published Application US 2024/0262562 describes the addition of molded lugs which allow for the liner to be nestable or stackable if the lug pattern is rotated 180 degrees relative to the liner below it. Firstly it is not understood how a one hundred and eighty degree rotation would enable this as the molded lug structure is not clearly shown. Figure 11 appears to show two insets on one side of the liner and three insets on an opposite side of the liner. It is unclear if such insets are “lugs” as claimed or if such lugs recited in the claim relate to the stacking lugs.
Regarding Claim 12, the claim recites “two or more sides comprise a length that is adjustable”. This is not enabled.
Paragraph 0051 identifies an adjustable liner with separators in Figure 14 (Paragraph 0030). However, the inclusion of sidewall dividers and separators is distinct from sidewalls with adjustable lengths. Please see Earley (US 3887102) which discloses a ventilated container with adjustable sidewall lengths. It is also not understood if the adjustment refers to the compressibility of the liner or the inclusion of separators to adjust the length of the liner. It is also not enabled or understood if the adjustability comes from the corrugated portions shown in Figure 14.
Regarding Claim 13, this claim recites “a temperature sensor cover”. This is not enabled.
A temperature sensor cover is recited only in Paragraph 0014 of the written description. There is no depiction or placement of a temperature sensor anywhere in the liner or actively cooled tote. Paragraph 0046 states that the liner must allow the temperature sensor access to the inside of the liner for temperature monitoring of the actively cooled tote. Therefore, it is unclear how a cover would allow access inside the liner for temperature monitoring. While Figure 15 shows the text of a “Temperature sensor cover”, it is unclear how such a cover is constructed or functions in relation to a temperature sensor. Therefore, this limitation is not enabled or properly described.
Claim 14 recites “a notch for interfacing with a condensation tray of a tote”. This is not enabled. While Figure 16 shows a clearance for a condensation tray, it is not set forth where this provides “an interface” for a tray. Also please note that no “condensation tray” is depicted anywhere as part of the tote. Therefore, how a notch for interfacing with the condensation tray is provided on the liner is not enabled.
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 11-14 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.
Regarding Claim 11, the lugs molded into a side of the tote liner is not enabled, as the structure is not adequately described or shown, nor is it clear that such lugs enable the stacking feature described in Paragraph 0048. Therefore, this lack of enablement also renders the claim indefinite. For the purposes of examination, any known lug structure will be assumed to meet the limitations of the claim.
Regarding Claim 12, sides with a length that is adjustable is not enabled. For the purposes of examination, it will be assumed that this claim refers to the liner as capable of being compressible to fit within the tote.
Regarding Claim 13, as discussed above, what comprises a temperature sensor cover on the liner is not enabled. For the purposes of examination, it will be assumed that any possible structure which may interface with a temperature sensor will meet the limitations of the claim.
Regarding Claim 14, the claim recites “a notch for interfacing with a condensation tray of a tote.” However, no notch is recited in the written description, nor is a condensation tray mentioned anywhere except for Paragraph 0015. There is also no enablement for how such interfacing occurs. For example, does the liner rest on the tray? Does the liner mate with a corresponding section of the tray? Figure 16 shows “Clearance for Condensation Tray”. For the purposes of examination, it will be assumed that Claim 14 refers to the notch as a clearance section where the liner does not interface or interfere with a tray.
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.
Claims 1-3 and 10-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fosnight (US 11332311).
Regarding Claim 1, Fosnight discloses a tote liner (414-Figure 8C – Col. 10 Lines 44 - 47) used in actively cooled totes (400, 410), comprising a bottom, two or more sides, and two or more openings (430, 432) for increased airflow.
Regarding Claim 2, Fosnight discloses at least one opening of the two or more openings enables air exhaust (428) from heat exchange (Col. 11 Lines 1-4).
Regarding Claim 3, Fosnight discloses at least one opening of the two or more openings enables air inlet (430) for heat exchange.
Regarding Claim 10, Fosnight discloses the liner is rectangular and therefore is stackable when rotated approximately ninety degrees.
Regarding Claim 11, Fosnight discloses one or more lugs (422, 424) molded into a side of the tote liner.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Fosnight (US 11332311).
Regarding Claim 13, Fosnight does not disclose any structure that interface with a temperature sensor as part of the liner. Fosnight does disclose that monitoring devices such as temperature and/or humidity may be provided with an exhaust duct or in an insulated door to monitor the environmental state of the tote (Col. 11 Lines 22-25). A person having ordinary skill in the art before the effective filing date of the claimed invention would recognize and find obvious that other structures may be incorporated into the liner of Fosnight such as a temperature sensor and cover in order to more effectively monitor the temperature conditions within the liner.
Regarding Claim 14, while Fosnight does not disclose a notch or clearance for a condensation tray, a person having ordinary skill in the art would recognize and find obvious that the shape and structure of the liner may be modified to properly fit the liner within a particular tote having design features such as a condensation tray. Therefore, to include such a notch or clearance is an obvious variation in order to have proper fitment of the liner within the tote.
Claims 4-9 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Fosnight (US 11332311) as applied to claim 1 above, and further in view of Santoro (US 2022/0113083).
Regarding Claim 4, Fosnight discloses the limitations of Claim 1 as set forth above. Fosnight does not disclose one or more handles comprising a flexible material attached to the tote liner.
Santoro discloses a similar liner (100) for a chest (200), the liner having ventilation or drainage holes (110) and sidewalls (120) and further comprising handles (140) that may be made of rope, bar or any other handle typically used to carry a basket or caddy (Paragraph 0044). Fosnight and Santoro are analogous inventions in the art of liners for cold storage coolers.
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify the liner of Fosnight with the flexible handles of Santoro in order to allow easy and simple removal of the liner from an outer container (Paragraph 0044). Please also note that Santoro discloses that the handles may be folded down internally when not in use so that the handles do not interfere with the cover of the outer chest (Paragraph 0044).
Regarding Claim 5, while Santoro discloses rope, a person having ordinary skill in the art would recognize and find obvious that the claimed strong fabric would be a simple substitution for the rope specified and such a substitution would produce no unexpected results in the functioning of the liner handles.
Regarding Claim 6, Santoro discloses the ice chest liner is made from a flexible and water-resistant material such as plastic, silicone, rubber, elastic or a combination thereof (Paragraph 0037). Such materials are known to retain flexibility at low temperature.
Regarding Claim 7, while Santoro does not disclose the liner is built from a folded corrugated plastic material, a person having ordinary skill in the art would recognize and find obvious that corrugated plastic materials may be used as the flexibly stiff panel materials specified in Santoro.
Regarding Claim 8, as discussed above, Santoro discloses the handles may fold within the volume of the liner. A person having ordinary skill in the art would recognize and find obvious that this may be within the corrugated plastic material claimed.
Regarding Claim 9, while Santoro does not disclose the liner is built from a flexible foam material, a person having ordinary skill in the art would recognize and find obvious that foam may be used as the flexibly stiff panel materials specified in Santoro as a known flexibly stiff material suitable for use in a cold transport container liner.
Regarding Claim 12, the flexible material of Santoro would provide a compressible structure that can adjust in length and may adjust to fit a wide variety of coolers or cooled totes (Paragraph 0037).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GIDEON R. WEINERTH whose telephone number is (571)270-5121. The examiner can normally be reached Monday-Friday 10AM-6PM EST.
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 Aviles can be reached on (571) 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/GIDEON R WEINERTH/Examiner, Art Unit 3736