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 40-45 and 47 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.
The recitation of “…(f) wherein at least one of the first, second, and third body portions comprises a phase change material the first, second, and third configured to maintain a temperature within the interior volume within a temperature range during product transport by the first, second, and third transitioning between a solid phase and a mesophase.” (claim 40) is unclear. The recitation renders the claim indefinite because the way the claim is redacted, it appears as if in order to maintain the temperature within the interior volume, each of the first, second, and third comprises the phase change material, however, the limitation (f) starts by stating that at least one of the body portions includes the phase change material; the recitation is confusing. For examination purposes, the recitation has been examined as --…(f) wherein at least one of the first, second, and third body portions comprises a phase change material configured to maintain a temperature within the interior volume within a temperature range during product transport by transitioning between a solid phase and a mesophase.--.
Allowable Subject Matter
Claims 40-45 and 47 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 60-72 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The prior art, when taken as a whole, neither anticipates nor renders prima facie obvious the claimed invention as currently recited in at least claims 40, 60 and 67. The closest prior art reference of record is Conforti (US 2008/0164265), which at best teaches some of the claimed features, as follows. Conforti discloses a product transport container comprising a container body defined by a plurality of body portions that are foldable with respect to each other (refer to portions 18, 20 and 24 capable of being folded as in fig. 31), wherein at least one of the plurality of body portions comprises a phase change material (refer to temperature regulating devices 16) configured to maintain a temperature within the interior volume within a temperature range during product transport.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANA M VAZQUEZ whose telephone number is (571)272-0611. The examiner can normally be reached M-F 7-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at 571-272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANA M VAZQUEZ/Primary Examiner, Art Unit 3763
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