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 .
Election/Restrictions
Applicant’s election without traverse of Invention II, claims 2-4 in the reply filed on 20 March 2026 is acknowledged.
Claims 1 and 5-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 20 March 2026.
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 2-4 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.
Claim 2 recites the limitation “for continuously transporting phase change material panels” following the preamble limitation “for thermal conditioning of cold chain phase change material panels”. It is unclear if these are the same or different. It is believed that they are the same and that the claim should read “for continuously transporting the phase change material”. Claims 3-4 are rejected insofar as they are dependent on claim 2 and therefore include the same error(s).
Claim 3 is 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.
Claim 3 recites the limitation “wherein the desired temperature within the first thermal conditioning chamber is a temperature effective for thermally conditioning phase change material panels conveyed through the first thermal conditioning chamber to deep-frozen phase change material panels”. This limitation is unclear in view that it requires reference to an object that is variable; that is, phase change materials have a plurality of melting/freezing points, and thus the reference is based on a phase change material of unspecified properties. Additionally, it is unclear if “phase change material panels” are the same or different from those of claim 2. It is believed that they are the same.
Claim 4 is 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.
Claim 4 recites the limitation “wherein the desired temperature within the second thermal conditioning chamber is a temperature effective for thermally conditioning deep-frozen phase change material panels conveyed through the second thermal conditioning chamber to thermally tempered phase change material panels”. This limitation is unclear in view that it requires reference to an object that is variable; that is, phase change materials have a plurality of melting/freezing points, and thus the reference is based on a phase change material of unspecified properties. Additionally, it is unclear if “deep-frozen phase change material panels” are the same or different from those of claim 2 or if claim 4 was intended to depend on claim 3.
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) 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Crul (US 6,195,908) in view of Thomas et al. (US 2004/0216470).
Regarding claim 2, Crul discloses a two-stage inline system (see at least deep-freezing device #1/contact dryer #3) for thermal conditioning of cold chain phase change material panels containing a phase change material having a melt temperature (see MPEP 2114 II; MPEP 2115), comprising:
(a) a first enclosure defining a first thermal conditioning chamber (see at least deep-freezing device #1),
(b) a second enclosure defining a second thermal conditioning chamber (see at least contact dryer #3),
(c) a first temperature control system for controlling the temperature within the first thermal conditioning chamber (see at least column 4, lines 37-42; column 2, lines 30-36: temperature control system is implicit), comprising:
(i) means for introducing a cryogenic fluid from a source of cryogenic fluid into the first thermal conditioning chamber (see at least column 4, lines 37-42: liquid nitrogen is a cryogenic fluid), and
(ii) a controller for controlling the quantity of cryogenic fluid sprayed into the first thermal conditioning chamber to achieve and maintain a desired temperature within the first thermal conditioning chamber (see at least column 4, lines 37-42; column 2, lines 30-36: classic manner is indicative of a controller to maintain the specified range),
(d) a second temperature control system for controlling the temperature within the second thermal conditioning chamber (see at least column 3, lines 9-22; column 3, lines 30-34: regulation is indicative of control in the manner required below), comprising:
(i) a heat source for introducing heat into the second thermal conditioning chamber (see at least column 3, lines 9-22: a plurality of heat sources are discussed), and
(ii) a controller for controlling the introduction of heat into the second thermal conditioning chamber to achieve and maintain a desired temperature within the second thermal conditioning chamber (see at least column 3, lines 9-22; column 3, lines 30-34: introduction of heat is regulated both by heating and control of air supply), and
(e) a driven conveyor system for continuously transporting phase change material panels from a conveyor loading position through the first and second enclosures and then to a conveyor unloading position (see at least conveyors #25/#4/#5/#23/#31; unloading position downstream of conveyor #31; see MPEP 2114 II; MPEP 2115).
Crul is silent regarding the means for introducing the cryogenic fluid being spray nozzles, and Crul does not explicitly disclose a controller for controlling the quantity of cryogenic fluid sprayed into the first thermal conditioning chamber to achieve and maintain a desired temperature within the first thermal conditioning chamber, though as noted above, Crul likely discloses such.
Thomas et al. teaches another temperature control system for a thermal conditioning chamber having spray nozzles for introducing a cryogenic fluid from a source of cryogenic fluid (see at spray bar #38 having a plurality of orifices to evenly inject and distribute liquid cryogen) and a controller for controlling the quantity of cryogenic fluid sprayed into the first thermal conditioning chamber to achieve and maintain a desired temperature within the first thermal conditioning chamber (see at least paragraph [0038]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide the system of Crul with the means for introducing the cryogenic fluid being spray nozzles, and a controller for controlling the quantity of cryogenic fluid sprayed into the first thermal conditioning chamber to achieve and maintain a desired temperature within the first thermal conditioning chamber, as taught by Thomas et al., to improve the system of Crul by allowing for even distribution of the cryogenic fluid according to desired temperature profile(s).
Regarding the phase change material panels, as noted above, Applicant is reminded that the material or article worked upon does not limit an apparatus claim and that the manner of operating a device does not differentiate an apparatus claim from the prior art (see MPEP 2115 and MPEP 2114 II).
Regarding claim 3, Crul further discloses wherein the desired temperature within the first thermal conditioning chamber is a temperature effective for thermally conditioning phase change material panels conveyed through the first thermal conditioning chamber to deep-frozen phase change material panels (see at least column 2, lines 30-36: it appears that the temperature(s) in Crul correspond to at least some of those contemplated by Applicant; see also column 4, lines 37-42: use of liquid nitrogen would enable lower temperatures than those explicitly set forth).
Regarding claim 4, Crul further discloses wherein the desired temperature within the second thermal conditioning chamber is a temperature effective for thermally conditioning deep-frozen phase change material panels conveyed through the second thermal conditioning chamber to thermally tempered phase change material panels (see at least column 3, lines 9-22: it appears that the temperature(s) in Crul correspond to at least some of those contemplated by Applicant).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAVIA SULLENS whose telephone number is (571)272-3749. The examiner can normally be reached M-R 6:30-4:30 Eastern.
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/TAVIA SULLENS/Primary Examiner, Art Unit 3763
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