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 § 112
1. 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 24-35, 39-43, 49 and 50 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 pre-AIA the applicant regards as the invention.
Claim 24, calls for the limitation of "and/or" in line 19. It is unclear which of these limitations is applicable; the structured upper surface and the complementary structured surface; or the structured upper surface or the complementary structured surface. As best understood, for the purposes of examination, the limitation “and/or” has been interpreted as “or”.
Claims 25-35, 39-43, 49 and 50 are dependent from claim 24 rejected under 35 U.S.C. 112 above and therefore inherit the deficiencies of the parent claim 24.
Claim Rejections - 35 USC § 103
2. 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 24-34, 39, 41, 42, 49 and 50 are rejected under 35 U.S.C. 103 as being unpatentable over Ranade et al (U.S. PG Pub No.: 2014/035,3317 A1), hereinafter referred to as Ranade et al ‘317, in view of Pointer et al (U.S. PG Pub No.: 2014/0144161 A1), hereinafter referred to as Pointer et al ‘161, further in view of White et al (U.S. PG Pub No.: 2014/0151382 A1), hereinafter referred to as White et al ‘382; in view of Yaddgo et al (U.S. Patent No.: 6,381,981 B1), hereinafter referred to as Yaddgo et al ‘981; and KLETZEL et al (English Translated EP Publication No.: 3687922 B1), hereinafter referred to as KLETZEL et al ‘922.
Regarding claim 24, Ranade et al. ‘317 disclose a cooling container (10), comprising: - a container body (22), the container body comprising at least one container wall (34) which defines at least one receiving space (20) {as shown in Figs. 1 and 4: ¶ [0062]}; and - a closing element (18) configured for closing the container body {as shown in Fig. 5: ¶ [0060]}; wherein the at least one container wall comprises a layered material configuration comprising at least three layers (12, 16, 14), wherein at least one vacuum insulated panel (16) is enclosed between at least one primary insulation material (12, 14) {as shown in Fig. 5: ¶ ¶ [0006], [0015] and [0060-0063]}.
However, fail to disclose the limitations of wherein the closing element comprises at least one cooling element and at least one vacuum insulated panel and wherein the closing element comprises a layered configuration wherein at least part of a vacuum insulated panel is enclosed between at least one primary insulation material and the at least one cooling element, wherein, when the container body is closed by the closing element, the at least one cooling element faces the at least one receiving space and is positioned at least partially inside the container body; wherein the at least one cooling element is configured to be refrozen; and wherein the container body comprises a structured upper surface configured to receive a complementary structured surface of the closing element acting as guiding structure for aligning of the closing element with respect to the container body; wherein the structured upper surface and/or the complementary structured surface define teeth and/or grooves which have a complementary shape.
Pointer et al ‘161 teach: the concept of a layered configuration wherein at least part of a vacuum insulated panel (dh) is enclosed between at least one primary insulation (di or de or dj) material and at least one cooling element (dg) {as shown in Fig. 11: ¶ [0141]}.
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 Ranade et al. ‘317 closing element in view of Pointer et al ‘161 to include the use of a cooling element; and wherein, the vacuum insulated panel is enclosed between at least one primary insulation material and at least one cooling element, in order to mitigate any possible thermal fluctuation within the inner and outer layers of the cooling container..
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 Ranade et al. ‘317 in view of Pointer et al ‘161 to obtain the invention as specified in claim 24.
White et al ‘382 teach: the concept of wherein the at least one cooling element is configured to be refrozen {see ¶¶ [0061-0062]}.
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 Ranade et al. ‘317 as modified by Pointer et al ‘161 in view of White et al ‘382 to include the at least one cooling element configured to be refrozen, in order to facilitate recharging and reusing the cooling element to maintain a desired payload temperature for a period of time.
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 Ranade et al. ‘317 as modified by Pointer et al ‘161 in view of White et al ‘382 to obtain the invention as specified in claim 24.
Yaddgo et al ‘981 teach: the concept of when the container body (20) is closed by the closing element (40), the at least one cooling element (62) faces the at least one receiving space (70) and is positioned at least partially inside the container body {as shown in Figs. 2A/2B: Pages 35-49}.
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 Ranade et al. ‘317 closing element by the closing element of Yaddgo et al ‘981 so as to ensure that the at least one cooling element faces the at least one receiving space and is positioned at least partially inside the container body, in order to facilitate product being held tightly between upper cooling element and lower cooling element {Yaddgo et al ‘981 – pages 45-49}.
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 Ranade et al. ‘317 in view of Yaddgo et al ‘981 to obtain the invention as specified in claim 24.
KLETZEL et al ‘922 teach: the concept of the container body comprises a structured upper surface (26) configured to receive a complementary structured surface (61) of the closing element acting as guiding structure for aligning of the closing element with respect to the container body {as shown in Fig. 4: ¶¶ [0058], [0069] and [0120]}; wherein the structured upper surface and/or the complementary structured surface define teeth and/or grooves which have a complementary shape {as shown in Fig. 4}.
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 Ranade et al. ‘317 container body in view of KLETZEL et al ‘922 to include a structured upper surface configured to receive a complementary structured surface of the closing element acting as guiding structure for aligning of the closing element with respect to the container body; wherein the structured upper surface and/or the complementary structured surface define teeth and/or grooves which have a complementary shape, in order to facilitate latching of the closing element to container body {KLETZEL et al ‘922 – ¶ [0122]}.
Regarding claim 25, the combination of Ranade et al. ‘317, Pointer et al ‘161, White et al ‘382, Yaddgo et al ‘981 and KLETZEL et al ‘922 disclose and teach the cooling container according claim 24, Ranade et al. ‘317 disclose wherein at least one vacuum insulated panel (16) is embedded within at least one primary insulation material (12) {as shown in Fig. 5: ¶¶ [0060-0063]}.
Regarding claim 26, the combination of Ranade et al. ‘317, Pointer et al ‘161, White et al ‘382, Yaddgo et al ‘981 and KLETZEL et al ‘922 disclose and teach the cooling container according to claim 24, Ranade et al. ‘317 disclose wherein the closing element comprises at least one vacuum insulated panel (16) and at least one primary insulation material (14) {as shown in Fig. 5: ¶¶ [0060-0063]}.
Regarding claim 27, the combination of Ranade et al. ‘317, Pointer et al ‘161, White et al ‘382, Yaddgo et al ‘981 and KLETZEL et al ‘922 disclose and teach the cooling container according to claim 24, Ranade et al. ‘317 disclose wherein the primary insulation material is a plastic material {see ¶ ¶ [0006] and [0015]}.
Regarding claim 28, the combination of Ranade et al. ‘317, Pointer et al ‘161, White et al ‘382, Yaddgo et al ‘981 and KLETZEL et al ‘922 disclose and teach the cooling container according to claim 24, Ranade et al. ‘317 disclose wherein the primary insulation material is a foam material {see ¶ ¶ [0061-0062]}.
Regarding claim 29, the combination of Ranade et al. ‘317, Pointer et al ‘161, White et al ‘382, Yaddgo et al ‘981 and KLETZEL et al ‘922 disclose and teach the cooling container according to claim 24, Ranade et al. ‘317 disclose wherein at least one vacuum insulated panel is attached to the at least one primary insulation material {as shown in Fig. 5: ¶¶ [0061-0062]}.
Regarding claim 30, the combination of Ranade et al. ‘317, Pointer et al ‘161, White et al ‘382, Yaddgo et al ‘981 and KLETZEL et al ‘922 disclose and teach the cooling container according to claim 24, Ranade et al. ‘317 disclose wherein the container body comprises at least one bottom wall (32) and a plurality of side walls (34) which mutually define at least one receiving space (20) for receiving products which are to be conditioned {as shown in Figs. 1 and 4: ¶ [0062]}.
Regarding claim 31, the combination of Ranade et al. ‘317, Pointer et al ‘161, White et al ‘382, Yaddgo et al ‘981 and KLETZEL et al ‘922 disclose and teach the cooling container according to claim 24, Ranade et al. ‘317 disclose wherein an inner layer (14) of the layered material forming the container wall has a smaller thickness than an outer layer (12) of said container wall {as shown in Fig. 1}.
Regarding claim 32, the combination of Ranade et al. ‘317, Pointer et al ‘161, White et al ‘382, Yaddgo et al ‘981 and KLETZEL et al ‘922 disclose and teach the cooling container according to claim 24, Ranade et al. ‘317 disclose wherein the container body is a modular container body {as shown in Fig. 1}.
Regarding claim 33, the combination of Ranade et al. ‘317, Pointer et al ‘161, White et al ‘382, Yaddgo et al ‘981 and KLETZEL et al ‘922 disclose and teach the cooling container according to claim 24, Ranade et al. ‘317 disclose wherein the container body is formed by an outer container body (12) and an inner container body (14) which enclose at least one vacuum insulated panel (16) {as shown in Figs. 1 and 5: ¶¶ [0060-0063]}.
Regarding claim 34, the combination of Ranade et al. ‘317, Pointer et al ‘161, White et al ‘382, Yaddgo et al ‘981 and KLETZEL et al ‘922 disclose and teach the cooling container according to claim 33, Ranade et al. ‘317 disclose wherein the inner container body (14) comprises a flange (36f) which protrudes in an outward direction and which forms an upper wall surface (36s) of the container body and provides a protective function for the at least one vacuum insulated panel and/or for the outer container body{as shown in Annotated Figs. 1 and 5: ¶¶ [0062] and [0067]}.
Regarding claim 39, the combination of Ranade et al. ‘317, Pointer et al ‘161, White et al ‘382, Yaddgo et al ‘981 and KLETZEL et al ‘922 disclose and teach the cooling container according to claim 24, Ranade et al. ‘317 disclose wherein the container body comprises at least one coupling member and wherein the closing element comprises at least one counter coupling member {as shown in Fig. 5: ¶¶ [0061-0062], wherein the coupling of 28 and 36 constitutes at least one counter coupling member}.
Regarding claim 41, the combination of Ranade et al. ‘317, Pointer et al ‘161, White et al ‘382, Yaddgo et al ‘981 and KLETZEL et al ‘922 disclose and teach the cooling container according to claim 24, Ranade et al. ‘317 disclose wherein the container has a stackable configuration {as shown in Fig. 5: with a stackable flat bottom; and as evidenced by Figs. (4a, 4b): Description of DE 20201804807 U1}.
Regarding claim 42, the combination of Ranade et al. ‘317, Pointer et al ‘161, White et al ‘382, Yaddgo et al ‘981 and KLETZEL et al ‘922 disclose and teach the cooling container according to claim 24, Ranade et al. ‘317 disclose wherein at least part of a lower side of the closing element is parabolic {as shown in Fig. 5}.
Regarding claim 49, the combination of Ranade et al. ‘317, Pointer et al ‘161, White et al ‘382, Yaddgo et al ‘981 and KLETZEL et al ‘922 disclose and teach the cooling container of claim 24, Ranade et al. ‘317 disclose wherein the container body comprises a structured upper surface (36f) configured to receive a complementary structured surface of the closing element acting as a guiding structure for aligning of the closing element with respect to the container body {as shown in Annotated Figs. 1 and 5: ¶¶ [0062] and [0067]}.
Regarding claim 50, the combination of Ranade et al. ‘317, Pointer et al ‘161, White et al ‘382, Yaddgo et al ‘981 and KLETZEL et al ‘922 disclose and teach the cooling container of claim 24, Ranade et al. ‘317as modified by Yaddgo et al ‘981 further teach the limitations of wherein the at least one cooling element is replaceably attached to the closing element {as shown in Fig. 2A: Col 5, lines 10-22}.
Claim 40 is rejected under 35 U.S.C. 103 as being unpatentable over Ranade et al ‘317, Pointer et al ‘161, White et al ‘382, Yaddgo et al ‘981 and KLETZEL et al ‘922 as applied to claim 24 above, further in view of KINBERGER (English Translated German Patent No.: DE 4032216 A1), hereinafter referred to as KINBERGER ‘216.
Regarding claim 40, the combination of Ranade et al. ‘317, Pointer et al ‘161, White et al ‘382, Yaddgo et al ‘981 and KLETZEL et al ‘922 disclose and teach the cooling container according to claim 24, EXCEPT for the limitations of further comprising at least one access opening for supplementary equipment.
KIINBERGER ‘216 teaches: the concept of one access opening (32) for supplementary equipment (31) {as shown in Figure: Page 3 of 4, line 14-17}.
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 Ranade et al. ‘317 in view of KIINBERGER ‘216 to include the use of least one access opening for supplementary equipment, in order to facilitate regulating the temperature of payload space {KIINBERGER ‘216 - Page 3 of 4, line 37-40}.
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 Ranade et al. ‘317 in view of KIINBERGER ‘216 to obtain the invention as specified in claim 40.
Claim 43 is rejected under 35 U.S.C. 103 as being unpatentable over Ranade et al ‘317, Pointer et al ‘161 and Yaddgo et al ‘981as applied to claim 24 above, further in view of McCORMICK (U.S. PG Pub No.: 2017/0343264 A1), hereinafter referred to as McCORMICK ‘264.
Regarding claim 43, the combination of Ranade et al. ‘317, Pointer et al ‘161, White et al ‘382, Yaddgo et al ‘981 and KLETZEL et al ‘922 disclose and teach the cooling container according to claim 24, EXCEPT for the limitations of further comprising at least one sensor configured to determine at least one parameter inside the receiving space of the container body, and the sensor comprises a sensor housing, wherein at least a part of the sensor housing is embedded in at least one container wall.
McCORMICK ‘264 teaches: the concept of one sensor (66) configured to determine at least one parameter inside the receiving space of the container body, and the sensor comprises a sensor housing, wherein at least a part of the sensor housing is embedded in at least one container wall {as shown in Fig. 5: ¶¶ [0016] and [0046]}.
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 Ranade et al. ‘317 in view of McCORMICK ‘264 to include the use of a sensor configured to determine at least one parameter inside the receiving space of the container body, in order to facilitate measurement of the cavity temperature {McCORMICK ‘264 - ¶ [0016]}.
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 Ranade et al. ‘317 in view of McCORMICK ‘264 to obtain the invention as specified in claim 43.
Claims 44 and 48 are rejected under 35 U.S.C. 103 as being unpatentable over Ranade et al ‘317, in view of Yaddgo et al ‘981, further in view of White et al ‘382.
Regarding claim 44, Ranade et al. ‘317 disclose a cooling container (10), comprising: - a
a container body (22), the container body comprising at least one container wall (34) which defines at least one receiving space (20) {as shown in Figs. 1 and 4: ¶ [0062]}; and a closing element (18) configured for closing the container body {as shown in Fig. 5: ¶ [0060]}; wherein the at least one container wall comprises a layered material configuration comprising at least three layers (12, 16, 14), wherein at least one vacuum insulated panel (16) is enclosed between at least one primary insulation material (12, 14) {as shown in Fig. 5: ¶ ¶ [0006], [0015] and [0060-0063]}, wherein the closing element (18) comprises at least one vacuum insulated panel (16) and wherein the closing element is a modular closing element comprising at least one inner part (44) and at least one outer part (42) {as shown in Figs. 2 and 5: ¶¶ [0064], [0096-0101]}; wherein the outer part (42) defines an accommodating space, accommodating the vacuum insulated panel {as shown in Figs. 2 and 5}, such that, when the container body (18) is closed by the closing element, the at least one cooling element faces the at least one receiving space and is positioned at least partially inside the container body.
However, Ranade et al. ‘317 fail to disclose the limitations of wherein the closing element comprises at least one cooling element; and wherein the inner part defines an accommodation space, accommodating the cooling element, such that, when the container body is closed by the closing element, the at least one cooling element faces the at least one receiving space and is positioned at least partially inside the container body; wherein the at least one cooling element is configured to be refrozen; and wherein the at least one cooling element is clampingly retained between the inner part and the outer part of the closing element.
Yaddgo et al ‘981 teach: the concept of wherein the closing element (40) comprises at least one cooling element (62) {as shown in Fig. 2B: Col 6, lines 29-39}; and wherein the inner part (46) defines an accommodation space, accommodating the cooling element (62), such that, when the container body is closed by the closing element, the at least one cooling element faces the at least one receiving space and is positioned at least partially inside the container body {as shown in Fig. 2B: Col 6, lines 29-39}; and wherein the at least one cooling element is clampingly (48) retained between the inner part and the outer part of the closing element {as shown in Fig.2A: Col 5, lines 10-22}.
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 Ranade et al. ‘317 closing element by the closing element of Yaddgo et al ‘981 so as to ensure that the at least one cooling element faces the at least one receiving space and is positioned at least partially inside the container body and wherein the at least one cooling element is clampingly (48) retained between the inner part and the outer part of the closing element, in order to facilitate product being held tightly between upper cooling element and lower cooling element {Yaddgo et al ‘981 – pages 45-49}.
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 Ranade et al. ‘317 in view of Yaddgo et al ‘981 to obtain the invention as specified in claim 44.
White et al ‘382 teach: the concept of wherein the at least one cooling element is configured to be refrozen {see ¶¶ [0061-0062]}.
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 Ranade et al. ‘317 in view of White et al ‘382 to include the at least one cooling element configured to be refrozen, in order to facilitate recharging and reusing the cooling element to maintain a desired payload temperature for a period of time.
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 Ranade et al. ‘317 in view of White et al ‘382 to obtain the invention as specified in claim 44.
Regarding claim 48, the combination of Ranade et al. ‘317, Yaddgo et al ‘981 and White et al ‘382 disclose and teach the cooling container of claim 44, Ranade et al. ‘317 as modified by Yaddgo et al ‘981 further teach the limitation of wherein the at least one cooling element is replaceably attached to the closing element {as shown in Fig. 2A: Col 5, lines 10-22}.
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Response to Arguments
3. Applicant's arguments, see pages 8-13, filed 07/13/2026, with respect to the rejection(s) of claim(s) 24-35 and 49-50 under 35 USC § 103 have been fully considered but are moot in view of the new ground(s) of rejection as detailed above.
Conclusion
4. Applicant's amendment necessitated the new grounds 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
07/29/2026
Prosecution Insights