DETAILED ACTION
This Office Action is being made Non-Final in order to afford Applicants the opportunity to respond to the new grounds of rejection.
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 § 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.
Claim(s) 40, 45, 47-48, 53-55 and 59 is/are rejected under 35 U.S.C. 103 as being unpatentable over Conforti (US 2008/0164265) in view of Abukhdeir (WO 2015/0130274 A1, refer to attached translation).
Regarding claim 40, 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),
(a) wherein at least one of the plurality of body portions comprises a non-woven fabric (refer to par. 15, wherein an inner case of the container further includes a non-woven fabric layer disposed outwardly of the second liner layer, an outer case further
includes a non-woven fabric layer disposed inwardly of the first liner layer, and at least
one cooling element includes a non-woven fabric outer layer) incorporated with a phase
change material (refer to temperature regulating devices 16);
(b) wherein the container body encloses an interior volume for housing of a
product (refer to pouch 14 configured to hold temperature-sensitive materials, such as
vials or syringes) for transport when the plurality of body portions is in a first, closed position of the container (refer to the closed position as in fig. 1), with the phase change material configured to maintain a temperature within the interior volume within a temperature range during product transport (refer to par. 57, wherein the temperature regulating devices 16 can provide heating or chilling effects for use in transporting temperature-sensitive materials in a temperature range below ambient temperatures outside the container); and
(c) wherein, when the plurality of body portions is in a second, open position of the container (refer to fig. 2 for at least one of the body portions in an open position and fig. 31), the container body permits insertion of a product into the container for transport within the interior volume (within pouch 14).
While Conforti discloses the phase change material maintaining the temperature within the interior volume within the temperature range during product transport, Conforti fails to explicitly disclose wherein the phase change material is configured to transition from a solid phase to a mesophase.
However, Abukhdeir teaches a thermostatic heating or cooling material and method for making and using the material, wherein a thermostatic packaging may include a thermostatic material configured to regulate temperature within the packaging, said packaging used for containing a wide variety of products including but not limited to, for example, electronic devices, pharmaceutical drugs, vaccines, foods, and beverages (refer to par. 40). An exchange of heat between the thermostatic material and the product, to the product to keep the article warm, or from the product to keep the article cool, may occur during a phase change of the thermostatic material from solid phase to mesophase (refer to par. 42).
One having ordinary skill in the art of refrigeration would recognize that PCMs that transition from solid to mesophase, primarily eliminates leakage and encapsulation needs, as they stay solid, therefore, reducing cost, complexity, corrosion, and environmental concerns, while providing stable, high-density thermal energy storage.
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to modify Conforti such that the phase change material is configured to transition from a solid phase to a mesophase, in order to reduce costs, complexity, corrosion, and environmental concerns, while providing stable, high-density thermal energy storage in view of the teachings by Abukhdeir along with the knowledge generally available to one having ordinary skill in the art of refrigeration.
Regarding claim 45, Conforti as modified meets the claim limitations as disclosed above in the rejection of claim 40. Further, Conforti as modified discloses wherein the non-woven fabric forms a wall of the container body (refer to par. 15, wherein an inner case of the container further includes a non-woven fabric layer disposed outwardly of the second liner layer, an outer case further includes a non-woven fabric layer disposed inwardly of the first liner layer, and at least one cooling element includes a non-woven fabric outer layer).
Regarding claim 47, Conforti as modified meets the claim limitations as disclosed above in the rejection of claim 40. Further, Conforti as modified discloses wherein the phase change material does not comprise water or is substantially free of water (refer to par. 57, wherein dry ice may be used as the phase change material).
Regarding claim 48, 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),
(a) wherein at least one of the plurality of body portions comprises a phase change material (refer to temperature regulating devices 16);
(b) wherein the container body encloses an interior volume for housing of a product for transport (refer to pouch 14 configured to hold temperature-sensitive materials, such as vials or syringes) when the plurality of body portions is in a first, closed position of the container (refer to the closed position as in fig. 1), with the phase change material (16) configured to maintain a temperature within the interior volume within a temperature range during product transport (refer to par. 57, wherein the temperature regulating devices 16 can provide heating or chilling effects for use in transporting temperature-sensitive materials in a temperature range below ambient temperatures outside the container); and
(c) wherein, when the plurality of body portions is in a second, open position of the container (refer to fig. 2 for at least one of the body portions in an open position and fig. 31), the container body permits insertion of a product into the container for transport within the interior volume.
While Conforti discloses the phase change material maintaining the temperature within the interior volume within the temperature range during product transport, Conforti fails to explicitly disclose wherein the phase change material is configured to transition from a solid phase to a mesophase.
However, Abukhdeir teaches a thermostatic heating or cooling material and method for making and using the material, wherein a thermostatic packaging may include a thermostatic material configured to regulate temperature within the packaging, said packaging used for containing a wide variety of products including but not limited to, for example, electronic devices, pharmaceutical drugs, vaccines, foods, and beverages (refer to par. 40). An exchange of heat between the thermostatic material and the product, to the product to keep the article warm, or from the product to keep the article cool, may occur during a phase change of the thermostatic material from solid phase to mesophase (refer to par. 42).
One having ordinary skill in the art of refrigeration would recognize that PCMs that transition from solid to mesophase, primarily eliminates leakage and encapsulation needs, as they stay solid, therefore, reducing cost, complexity, corrosion, and environmental concerns, while providing stable, high-density thermal energy storage.
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to modify Conforti such that the phase change material is configured to transition from a solid phase to a mesophase, in order to reduce costs, complexity, corrosion, and environmental concerns, while providing stable, high-density thermal energy storage in view of the teachings by Abukhdeir along with the knowledge generally available to one having ordinary skill in the art of refrigeration.
Regarding claim 53, Conforti as modified meets the claim limitations as disclosed above in the rejection of claim 48. Further, Conforti as modified discloses wherein the phase change material does not comprise water or is substantially free of water (refer to par. 57, wherein dry ice may be used as the phase change material).
Regarding claim 54, 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),
(a) wherein the container body encloses an interior volume for housing of a product for transport (refer to pouch 14 configured to hold temperature-sensitive materials, such as vials or syringes) when the plurality of body portions is in a first, closed position of the container (refer to the closed position as in fig. 1); and
(b) wherein, when the plurality of body portions is in a second, open position of the container (refer to fig. 2 for at least one of the body portions in an open position and fig. 31), the container body permits insertion of a product into the container for transport within the interior volume; and
(c) further comprising a liner (refer to liner 34, fig. 6) comprising a phase change material (phase change material 16 positioned adjacent said liner as in figs. 2-3), the liner configured to maintain a temperature within the interior volume within a temperature range during product transport (refer to par. 52, wherein liner 34 reflects more than heat, e.g., light as well, and retain thermal cooling energy).
While Conforti discloses the phase change material maintaining the temperature within the interior volume within the temperature range during product transport, Conforti fails to explicitly disclose wherein the phase change material is configured to transition from a solid phase to a mesophase.
However, Abukhdeir teaches a thermostatic heating or cooling material and method for making and using the material, wherein a thermostatic packaging may include a thermostatic material configured to regulate temperature within the packaging, said packaging used for containing a wide variety of products including but not limited to, for example, electronic devices, pharmaceutical drugs, vaccines, foods, and beverages (refer to par. 40). An exchange of heat between the thermostatic material and the product, to the product to keep the article warm, or from the product to keep the article cool, may occur during a phase change of the thermostatic material from solid phase to mesophase (refer to par. 42).
One having ordinary skill in the art of refrigeration would recognize that PCMs that transition from solid to mesophase, primarily eliminates leakage and encapsulation needs, as they stay solid, therefore, reducing cost, complexity, corrosion, and environmental concerns, while providing stable, high-density thermal energy storage.
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to modify Conforti such that the phase change material is configured to transition from a solid phase to a mesophase, in order to reduce costs, complexity, corrosion, and environmental concerns, while providing stable, high-density thermal energy storage in view of the teachings by Abukhdeir along with the knowledge generally available to one having ordinary skill in the art of refrigeration.
Regarding claim 55, Conforti as modified meets the claim limitations as disclosed above in the rejection of claim 54. Further, Conforti as modified discloses wherein the liner (34) is disposed within or adjacent to the interior volume of the container body (refer to fig. 6) when the plurality of body portions is in the first, closed position of the container (refer to fig. 1).
Regarding claim 59, Conforti as modified meets the claim limitations as disclosed above in the rejection of claim 54. Further, Conforti as modified discloses wherein the phase change material does not comprise water or is substantially free of water (refer to par. 57, wherein dry ice may be used as the phase change material).
Claim(s) 41 is/are rejected under 35 U.S.C. 103 as being unpatentable over Conforti (US 2008/0164265), Abukhdeir (WO 2015/0130274 A1), and further in view of Robinson (US 4,695,501).
Regarding claim 41, Conforti as modified meets the claim limitations as disclosed above in the rejection of claim 40. Further, Conforti as modified discloses wherein the non-woven fabric is dimensionally stable, and defines a wall of the at least one of the plurality of body portions (refer to par. 15, and fig. 1, wherein an inner case of the container further includes a non-woven fabric layer disposed outwardly of the second liner layer, an outer case further includes a non-woven fabric layer disposed inwardly of the first liner layer, and at least one cooling element includes a non-woven fabric outer layer), but fails to explicitly disclose wherein the non-woven fabric is thermoformed.
However, Robinson further teaches a thermoformable composite article, wherein a non-woven fabric is thermoformed, therefore increasing the bursting and tensile strength of the article, reduces warpage and provides good dimensional stability, modulus of rupture, modulus of elasticity and stiffness modulus (refer to col. 2, lines 48-53).
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to further modify Conforti such that the non-woven fabric is thermoformed in view of the teachings by Robinson, in order to increase the bursting and tensile strength of the container, reduce warpage and provides good dimensional stability, modulus of rupture, modulus of elasticity and stiffness modulus.
Claim(s) 42-44 and 51 is/are rejected under 35 U.S.C. 103 as being unpatentable over Conforti (US 2008/0164265), Abukhdeir (WO 2015/0130274 A1), and further in view of Morris (GB 2537894 A).
Regarding claim 42, Conforti as modified meets the claim limitations as disclosed above in the rejection of claim 40. Further, Conforti as modified discloses the non-woven fabric, but fails to explicitly disclose wherein the non-woven fabric comprises a non-woven web within which the phase change material is entrapped.
However, Morris teaches an insulated package, comprising a non-woven fabric (refer to fig. 1) including a non-woven web (refer to non-woven inner wall of woollen fibers 3) within which a phase change material (refer to PCM containers 4) is entrapped, in order to provide a controlled atmosphere in the packaging allowing control of the temperature within a required range (refer to pg. 2, par. 4).
Accordingly, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to further modify Conforti such that the non-woven fabric comprises a non-woven web within which the phase change material is entrapped in view of the teachings by Morris, in order to provide a controlled atmosphere in the packaging allowing control of the temperature within a required range.
Regarding claim 43, Conforti as modified meets the claim limitations as disclosed above in the rejection of claim 40. Further, Conforti as modified discloses the non-woven fabric, but fails to explicitly disclose wherein the non-woven fabric comprises a non-woven web within which the phase change material forms a part of a laminate of the non-woven web.
However, Morris teaches an insulated package, comprising a non-woven fabric (refer to fig. 2) including a non-woven web (refer to non-woven inner wall of woollen fibers 3) within which a phase change material (4) forms a part of a laminate of the non-woven web (3) (in the instant case, the term laminate is being considered as surface), in order to be able to detach the non-woven web from the phase change material (refer to pg. 3, par. 2).
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to further modify Conforti such that the non-woven fabric comprises a non-woven web within which the phase change material forms a part of a laminate of the non-woven web in view of the teachings by Morris, in order to be able to detach the non-woven web from the phase change material.
Regarding claim 44, Conforti as modified meets the claim limitations as disclosed above in the rejection of claim 40. Further, Conforti as modified discloses the non-woven fabric, but fails to explicitly disclose wherein the non-woven fabric comprises a non-woven web within which the phase change material forms a part of a fiber structure of the non-woven web.
However, Morris teaches an insulated package, comprising a non-woven fabric (refer to fig. 1) including a non-woven web (refer to non-woven inner wall of woollen fibers 3) within which a phase change material (refer to PCM containers 4) forms a part of a fiber structure of the non-woven web (refer to the woollen fibers 3, as in fig. 1), in order to provide a controlled atmosphere in the packaging allowing control of the temperature within a required range (refer to pg. 2, par. 4).
Accordingly, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to further modify Conforti such that the non-woven fabric comprises a non-woven web within which the phase change material forms a part of a fiber structure of the non-woven web in view of the teachings by Morris, in order to provide a controlled atmosphere in the packaging allowing control of the temperature within a required range.
Regarding claim 51, Conforti as modified meets the claim limitations as disclosed above in the rejection of claim 48. Further, Conforti as modified discloses layers of non-woven fabric defining interior and exterior walls of the at least one of the plurality of body portions (refer to par. 15, wherein an inner case of the container further includes a non-woven fabric layer disposed outwardly of the second liner layer, an outer case further includes a non-woven fabric layer disposed inwardly of the first liner layer, and at least one cooling element includes a non-woven fabric outer layer), but fails to explicitly disclose wherein the phase change material is located between layers of the non-woven fabric.
However, Morris teaches an insulated package, comprising a phase change material (refer to PCM containers 4) located between layers of the non-woven fabric (between layers of woollen fibers 3 as can be seen from fig. 1), in order to provide a controlled atmosphere in the packaging allowing control of the temperature within a required range (refer to pg. 2, par. 4).
Accordingly, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to further modify Conforti such that the phase change material is located between layers of the non-woven fabric in view of the teachings by Morris, in order to provide a controlled atmosphere in the packaging allowing control of the temperature within a required range.
Claim(s) 49-50 is/are rejected under 35 U.S.C. 103 as being unpatentable over Conforti (US 2008/0164265), Abukhdeir (WO 2015/0130274 A1), and further in view of Merritt-Munson (US 5,237,838, hereinafter Merritt).
Regarding claims 49-50, Conforti as modified meets the claim limitations as disclosed above in the rejection of claim 48. Further, Conforti as modified discloses the phase change material, but fails to explicitly disclose wherein the phase change material is received and contained within one or more pouches, pockets, or sleeves of the at least one of the plurality of body portions.
However, Merritt teaches a portable refrigerated bag, comprising a phase change material (11) being received and contained within one or more pouches, pockets, or sleeves (23) of at least one of a plurality of body portions (23), in order for products inside the bag are to be surrounded in a cool and low temperature environment (refer to col. 3, lines 35-39).
One having ordinary skill in the art of refrigeration would recognize that by providing one or more pouches, pockets, or sleeves receiving the phase change material, it will help to maintain each PCM in place within the container body.
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to further modify Conforti such that the phase change material is received and contained within one or more pouches, pockets, or sleeves of the at least one of the plurality of body portions, in order to help maintain each PCM in place within the container body in view of the teachings by Merritt along with the knowledge generally available to one having ordinary skill in the art of refrigeration.
Response to Arguments
Applicant’s arguments, see pages 6-7, filed on 12/03/2025, with respect to claims 40-45, 47-51, 53-55 and 59 have been fully considered and are persuasive. The rejection of claims 40-45, 47-51, 53-55 and 59 has been withdrawn. This Office Action is being made Non-Final in order to afford Applicants the opportunity to respond to the new grounds of rejection.
Conclusion
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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/ANA M VAZQUEZ/Primary Examiner, Art Unit 3763