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 .
The following is a non-final office action in response to the RCE filed 04/22/2026. Amendments received on 04/22/2026 have been entered. As per applicant claims 22-27, 39-40 and 43 are canceled. Accordingly claims 21, 28-38, 41-42 and 44-46 are pending.
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 21, 28-38, 41-42 and 44-45 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 written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
As of claim 21, newly added limitation “… comparing, in the condition testing step, the instantaneous external temperature measurement value with a predetermined external temperature value range assigned to the at least one exterior condition sensor…moving, the closure device into the open position…if … the instantaneous external temperature measurement value is within the predetermined external temperature value range at a time of the moving” does not have support in the original filed specification. Applicant did not point out and the Examiner was not able to find support for the newly added limitation.
Claims 28-37 depend on claim 21 and inherent the same deficiency.
As of claim 38, newly added limitation “…wherein the locking device permits … open position in response to … the second condition measurement values being not of an excessive magnitude at a present moment in time corresponding to the moving of the locking device” does not have support in the original filed specification. Applicant did not point out and the Examiner was not able to find support for the newly added limitation.
Claims 41-42 and 44-45 depend on claim 38 and inherent the same deficiency.
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 46 is rejected under 35 U.S.C. 103 as being unpatentable over Rahilly et al. (US Pub 2020/0410801) in view of Williams et al. (US Pub 2023/0371729) and further in view of Franzo (US Pub 2022/0051183).
As of claim 46, Rahilly discloses a method for controlling a closure device for closing and opening a container for receiving goods (via access control assembly 100/smart latch 1130 connected to a cabinet see fig. 1; also see paragraph [0069]), the method comprising:
detecting in one condition monitoring process, by at least one condition sensor, a time course comprising a plurality of times of measurements (Rahilly discloses that the non-volatile data store 1137 records periodic sensor (temperature, light, humidity) data, so the sensor will record the data periodically hence a plurality of times of measurements; see paragraphs [0105]-[0107]) and a plurality of condition measurement values acting on an interior of the container (via recording environmental conditions acting on an interior of the container; see paragraph [0084]), wherein each condition measurement value of the plurality of condition measurement values is associated with a time of measurement from among the plurality of times of measurements (in the system of Rahilly when a sensor data is recorded periodically and stored in the memory, it will be associated with a time of reading as well, for example, temperature value V1measured at time t1, value V2 measured at time t2 etc….;
checking, in an opening request process, opening requirements for a transfer of the closure device from a closed position to an open position for opening of the container (via performing authentication of a user; see paragraph [0082]),
wherein the opening request process has an authentication step and a status checking step;
checking, in the authentication step, the validity of an authentication key (via performing user’s authentication; see paragraph [0079]),
comparing, in the status checking step, (i) the time course of the plurality of condition measurement values recorded during the condition monitoring process or at least one condition calculation value determined from the time course of the plurality of condition measurement values with (ii) a predetermined condition value range assigned to the condition sensor (via comparing sensor (temperature) data with a safe threshold range; see paragraph [0149]. As disclosed above, periodically storing sensor data indicates that the data is recorded at intervals, Rahilly further discloses that the system uses this data to determine potentially unsafe environmental conditions of the contents of refrigerator 120, such as temperature outside of a safety range (see paragraph [0109]);
moving, the closure device into the open position to enable the container to be opened to release the goods, if (a) the time course of the plurality of condition measurement values is within a respective, predetermined status value range and (b) the validity of the authentication key is confirmed (via opening the smart latch to access the cabinet if the sensor data is within a threshold range/safety range and the user credentials are valid; see paragraph [0149]. Rahilly discloses that the if an environmental sensor determines that the temperature or humidity to which an item was exposed is outside an expected range, the system prevent dispensing of exposed items (see paragraph [0189]) and as disclosed above the sensor data is recorded periodically (time course) so the system can determine if the plurality of temperature/humidity values are within a predetermined status value range (expected/threshold/safety range of temperature/humidity).
Rahilly discloses the use of a location sensor, a GPS, to enable location history tracking (see paragraph [0084]) however it does not explicitly disclose comparing a location to a geo-fencing zone wherien the opening of the container is permitted.
Williams discloses that a container comprises a location sensor (GPS), wherein unlock criteria comprise at least one unlock location and a control circuitry is configured to unlock the electronic lock upon a determination by the location sensor that the container is within a predetermined radius of the at least one unlock location (see paragraph [0012]).
From the teaching of Williams, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the system of Rahilly to include the function of unlocking a container at a specified location as taught by Williams in order to enhance safety of the container during shipping.
Combination of Rahilly and Williams use GPS to determine location of a container however it does disclose the use of GNSS senor to detect location. Franzo discloses that it is well known in the art to use a GNSS receiver on a container to determine location of the container at various time through the transit period (see paragraph [0016]).
Response to Arguments
Applicant’s arguments with respect to claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NABIL H SYED whose telephone number is (571)270-3028. The examiner can normally be reached 8:00-5:00 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta W Goins can be reached on (571) 272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NABIL H SYED/Primary Examiner, Art Unit 2689
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