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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 9/17/25 has been entered.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 13, 55-58, 60, 63, 66, 68-70, & 72-74 are rejected under 35 U.S.C. 103 as being unpatentable over Wenner (20150239639) in view of Van Cleve (4676247) & Purdum (5899088).
Regarding claims 13 & 69-70, Wenner teaches the structure substantially as claimed, including a pallet cover (350a, 350b) suitable for use in covering at least a portion of a payload on a pallet, the pallet cover comprising: a top wall (A-B in Fig. 8 Annotated); a front wall (C); a rear wall (D); a left side wall (E); and a right side wall (F); wherein each of said front wall, said rear wall, said left side wall, and said right side wall comprises compartments (454) containing phase-change material (60 - see par. 61-62); and wherein at least one of said front wall, said rear wall, said left side wall and said right side wall is reversibly adjustable in length by being folded (note that such foldability is implied by Fig. 8) and releasably secured to itself (e.g., via tape or other releasable adhesive) or to another wall. Wenner fail(s) to teach pockets and containers of phase-change material; and two different types of temperature-control members.
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However, Van Cleve teaches containment means (32 & H in Fig. 3 Annotated) comprising a pocket (32) and a container (i.e., the plastic container (H - see col. 4, lines 16-18) of the temperature-control member (48)) removably disposed in the pocket (Fig. 3 & col. 4, lines 10-12), said container containing a phase-change material (col. 4, lines 13-18). It would have been obvious to one of ordinary skill in the art to substitute containment means, as taught by Van Cleve, for each of the compartments of Wenner, with a reasonable expectation of success, in order to make the temperature-control members removable, thereby facilitating the repair & replacement of those temperature-control members, and because such an outcome would have been a predictable result of such a substitution of one known containment means for another. Hence, Wenner as modified would teach a front wall (C of Wenner), a rear wall (D of Wenner), a left side wall (E of Wenner), and a right side wall (F of Wenner) each comprising a pocket (32 of Van Cleve) for receiving a temperature-control member (60 of Wenner & H of Van Cleve), and wherein each of said front wall, said rear wall, said left side wall, and said right side wall further comprises a temperature-control member removably disposed in the pocket (as in Fig. 3 & col. 4, lines 10-12 of Van Cleve), the temperature-control member comprising a container containing a phase-change material (as in col. 4, lines 13-18 of Van Cleve). Moreover, since Wenner’s compartments (454) each contain the same phase-change material (60 - see par. 61-62), and each of these compartments is replaced with the same containment means (32 & H) of Van Cleve, it is reasonable to conclude that, in the structure of Wenner as modified, the temperature-control member (60 of Wenner & H of Van Cleve) in each pocket (one of 32 of Van Cleve on each of C-F of Wenner) would be identical.
Additionally, Purdum teaches designing two different types of temperature-control members (204 - see Fig. 8) to maintain a payload within a different temperature range selected from the group consisting of a first temperature range of approximately +2°C to +8°C (col. 7, lines 45-51) and a second temperature range of approximately +15°C to +25°C (col. 7, lines 25-31). It would have been obvious to one of ordinary skill in the art to design the temperature control members of Wenner as modified to maintain a payload within two different temperature ranges, as taught by Purdum, with a reasonable expectation of success, in order to allow the pallet cover to be used for transporting pharmaceuticals, platelets, liquid blood, & tissue (as suggested by col. 7, lines 25-31 & 45-51 of Purdum). Hence, Wenner as modified would teach temperature-control members (60 of Wenner & H of Van Cleve) each being one of at least two different types of temperature-control members (as in Purdum) alternatively positionable in the pocket (as in Figs. 6-7 of Van Cleve).
Regarding claim 55, Wenner as modified teaches front (C of Wenner), rear (D of Wenner), left (E of Wenner), & right (F of Wenner) walls each comprising at least one additional pocket (another of 32 of Van Cleve) and at least one additional temperature-control member (60 of Wenner & H of Van Cleve) disposed in the at least one additional pocket (as in Figs. 3-4d of Van Cleve).
Regarding claim 56, Wenner teaches a top wall (A-B), the front wall (C), the rear wall (D), the left side wall (E), and the right side wall (F) that are formed by the assembly of a first subassembly (350A) and a second subassembly (350B), the first subassembly (350A) comprising a first central portion (A), a first end portion (C) disposed at a first end of the first central portion (Fig. 8), and a second end portion (D) disposed at a second end of the first central portion (Fig. 8), the second subassembly (350B) comprising a second central portion (B), a first end portion (E) disposed at a first end of the second central portion (Fig. 8), and a second end portion (F) disposed at a second end of the second central portion (Fig. 8), the first subassembly and the second subassembly being arranged offset relative to one another (Fig. 8) such that the first central portion and the second central portion together form the top wall (A-B), the first end portion (C) and the second end portion (D) of the first subassembly (350A) form the front wall (C) and the rear wall (D), respectively (Fig. 8), and the first end portion (E) and the second end portion (F) of the second subassembly (350B) form the left side wall (E) and the right side wall (F), respectively (Fig. 8).
Regarding claims 57 & 66, Wenner as modified teaches a first subassembly (350A of Wenner) and a second subassembly (350B of Wenner) each comprising first (474 of Wenner) and second (G of Van Cleve) sheets and wherein the first and second sheets are joined to one another (as in Figs. 1-2 of Van Cleve) to form the pockets (32 Van Cleve).
Regarding claim 58, Wenner teaches a first central portion (A) of the first subassembly (350A) that is devoid of a temperature-control member (Fig. 8 & par. 69).
Regarding claim 60, Wenner teaches a front wall (C), a rear wall (D), a left side wall (E) and a right side wall (F) that are each reversibly adjustable in length by being folded (see Fig. 8, which implies such foldability) and releasably secured to itself (e.g., via tape or other releasable adhesive) or to another wall.
Regarding claim 63, Wenner teaches a top wall (A-B), a front wall (C), a rear wall (D), a left side wall (E), and a right side wall (F) that are formed by a first subassembly (350A) and a second subassembly (350B), wherein the first subassembly comprises a central portion (A), the central portion of the first subassembly having opposing first and second ends (Fig. 8), a first end portion (C) of the first subassembly disposed at the first end of the central portion of the first subassembly (Fig. 8), and a second end portion (D) of the first subassembly disposed at the second end of the central portion of the first subassembly (Fig. 8), wherein the second subassembly comprises a central portion (B), the central portion of the second subassembly having opposing first and second ends (Fig. 8), a first end portion (E) of the second subassembly disposed at the first end of the central portion of the second subassembly (Fig. 8), and a second end portion (F) of the second subassembly disposed at the second end of the central portion of the second subassembly (Fig. 8), wherein one (B) of the central portion of the first subassembly and the central portion of the second subassembly is mounted over the other (A) of the central portion of the first subassembly and the central portion of the second subassembly (Fig. 8) and wherein the first and second end portions (C-D) of the first subassembly (350A) are offset (Fig. 8) relative to the first and second end portions (E-F) of the second subassembly (350B), whereby, when the pallet cover is positioned over a payload on a pallet, the central portions (A, B) of the first (350A) and second (350B) subassemblies together form the top wall (A-B), the first (C) and second (D) end portions of the first subassembly form the front (C) and rear (D) walls, respectively (Fig. 8), and the first (E) and second (F) end portions of the second subassembly form the left side (E) and right side (F) walls, respectively (Fig. 8).
Regarding claim 68, Wenner teaches a central portion (A) of a first subassembly (350A) that is devoid of a temperature-control member (Fig. 8 & par. 69), wherein the first end portion (C) & the second end portion (D) of the first subassembly are each detachably1 joined (via tape (480) - see Figs. 15-16 & par. 69) to each of the first (E) and second (F) end portions of the second subassembly (350B).
Regarding claim 69, Wenner as modified teaches a temperature-control member (60 of Wenner & H of Van Cleve) designed to maintain the payload (22 of Wenner) within a temperature range of approximately +2°C to +8°C (as in col. 7, lines 45-51 of Purdum).
Regarding claim 70, Wenner as modified teaches a temperature-control member (60 of Wenner & H of Van Cleve) designed to maintain the payload (22 of Wenner) within a temperature range of approximately +15°C to +25°C (as in col. 7, lines 25-31 of Purdum).
Regarding claim 72, Wenner as modified teaches a front wall (C of Wenner), a rear wall (D of Wenner), a left side wall (E of Wenner), and a right side wall (F of Wenner) that are each a phase-change material-containing wall (via inclusion of one of 60 of Wenner in 32 & H of Van Cleve) and comprises opposing first and second ends (i.e., top & bottom ends, respectively, of C-F of Wenner) and a length extending from the first end to the second end (i.e., distance between top & bottom ends of C-F of Wenner), the first end facing towards (Fig. 8 of Wenner) the top wall (A-B of Wenner), the second end facing away from the top wall (Fig. 8 of Wenner), wherein said phase-change material-containing wall further comprises at least one additional pocket (another of 32 of Van Cleve) positioned at a different point along the length from the first end to the second end (as in Fig. 2 of Van Cleve) and further comprises at least one additional temperature-control member (another of 60 of Wenner & H of Van Cleve) comprising phase-change material (60 of Wenner) disposed in (as in Figs. 3-4d of Van Cleve) at least one of the pockets (32 of Van Cleve) and wherein said phase-change material-containing wall is reversibly adjustable in length by being folded between adjacent pockets at different points along the length from the first end to the second end (see Fig. 8 of Wenner & Fig. 2 of Van Cleve, which imply such foldability) and releasably secured to itself or to another wall (e.g., via tape or other releasable adhesive).
Regarding claim 73, Wenner as modified teaches one (i.e., one of 60 of Wenner & H of Van Cleve) of the at least two different types of temperature-control members (see above) that is designed to maintain a payload (22 of Wenner) within a temperature range of approximately +2°C to +8°C (as in col. 7, lines 45-51 of Purdum) and wherein another (i.e., another of 60 of Wenner & H of Van Cleve) of the at least two different types of temperature-control members is designed to maintain the payload within a temperature range of approximately +15°C to +25°C (as in col. 7, lines 25-31 of Purdum).
Regarding claim 74, in Fig. 8 of Wenner, the inwardly-facing side (J) of the right wall (F) is shown to be smooth & devoid of compartments. This implies that the compartments (454) of the phase-change material are located on the outwardly-facing sides of the front (C), rear (D), left (E), & right (F) walls of the first (350A) & second (350B) subassemblies. It is therefore reasonable to conclude that, in the structure of Wenner as modified, the pockets (32 of Van Cleve) would likewise be positioned on the outwardly-facing sides of these walls. Hence, in Wenner as modified, the pocket (32 of Van Cleve) of each of said front wall (C of Wenner), said rear wall (D of Wenner), said left side wall (E of Wenner), and said right side wall (F of Wenner) has an end (K of Van Cleve) that is accessible from an outwardly-facing side of its respective wall (implied by Fig. 8 of Wenner & Fig. 3 of Van Cleve). Moreover, even assuming arguendo that the pockets of Wenner as modified would be located on the inwardly-facing sides of their respective walls, mere reversal & rearrangement of parts has been held to involve only routine skill in the art (MPEP 2144.04). It would have been obvious to one of ordinary skill in the art to reverse the orientations of the first & second subassemblies of Wenner as modified, such that the pockets were located on the outwardly-facing sides of their respective walls, with a reasonable expectation of success, in order to facilitate repair & replacement of the temperature-control members.
Claims 59 & 65 are rejected under 35 U.S.C. 103 as being unpatentable over Wenner (20150239639), Van Cleve (4676247) & Purdum (5899088) in view of Marney (4528439). Wenner as modified teaches the structure substantially as claimed, including a phase-change material (60 of Wenner); but fail(s) to teach a phase-change material that is gelled. However, Marney teaches making a phase-change material a gelled phase-change material (col. 6, lines 22-23). It would have been obvious to one of ordinary skill in the art to make the phase-change material of Wenner as modified a gelled phase-change material, as taught by Marney, with a reasonable expectation of success, in order to prevent leakage in the event that any of the temperature-control members ruptures (as suggested by col. 6, lines 21-24 of Marney).
Claims 61 & 67 are rejected under 35 U.S.C. 103 as being unpatentable over Wenner (20150239639), Van Cleve (4676247) & Purdum (5899088) in view of Johnson (4514993). Wenner as modified teaches the structure substantially as claimed, including a top wall (A-B of Wenner) comprising a generally rectangular structure having opposing side edges (as in Fig. 8 of Wenner); but fail(s) to teach a looped handle. However, Johnson teaches the inclusion, in a wall (12), of at least one looped handle (14, 16). It would have been obvious to one of ordinary skill in the art to add looped handles, as taught by Johnson, to the top wall of Wenner as modified, with a reasonable expectation of success, in order to facilitate transportation of the pallet cover by allowing it to be more easily grasped by human hands (as suggested by cl. 3 & col. 2, lines 4-6 of Johnson). Regarding the positioning of the handle of Wenner as modified: In Johnson, the looped handles (14, 16) are located at the top edge of a vertical wall (12). It is therefore reasonable to conclude that, in the structure of Wenner as modified, the two looped handles (14, 16 of Johnson) would be located at the top edges (L of Wenner) of the vertical walls (C-F of Wenner). However, the top edges (L) of Wenner’s vertical walls (C-F) are also the side edges (L) of the top wall (A-B). Hence, in Wenner as modified, the top wall (A-B) would further comprise at least two looped handles (14, 16) secured to each of the opposing side edges (L).
Claims 62 & 71 are rejected under 35 U.S.C. 103 as being unpatentable over Wenner (20150239639), Van Cleve (4676247) & Purdum (5899088) in view of Luyten (20100037563). Wenner as modified teaches the structure substantially as claimed, including a thermal insulation wrap (352, 354 - see par. 64-65 of Wenner), the thermal insulation wrap being a five-sided structure (Figs. 17-18 of Wenner) having a top (354 of Wenner) and four sides (352 - see Figs. 16-18 of Wenner), the thermal insulation wrap being inserted over (Figs. 16-17 of Wenner) the pallet cover (350a, 350b of Wenner). Wenner fail(s) to teach a thermal insulation wrap that is a unitary structure. However, Luyten teaches making the top (12) of a thermal insulation wrap (8) unitary (Fig. 5 & par. 50) with four sides (10-11, 13, 17). It would have been obvious to one of ordinary skill in the art to make the top of the thermal insulation wrap of Wenner as modified unitary with the four sides thereof, with a reasonable expectation of success, in order to prevent the top from getting lost (as suggested by par. 57-58 of Luyten). Hence, Wenner as modified would teach a thermal insulation wrap (352, 354 of Wenner) that is a five-sided unitary structure (as in Fig. 5 & par. 50 of Luyten) having a top (354 of Wenner) and four sides (352 of Wenner).
Response to Arguments
Applicant's arguments filed 9/17/25 have been fully considered but they are not persuasive.
Applicant contends that “a person of ordinary skill in the art would not have been motivated to modify the shipping system of Wenner along the lines of Van Cleve”, because “there would have been no reason to contain the phase-change material of Wenner in a removable container so that it could be preconditioned at a high temperature or at a low temperature and then loaded into its blanket” (Remarks at 15). However, the above rejection does not rely on Van Cleve to supply a motivation for substituting Van Cleve’s container (H) & pocket (32) for each of Wenner’s compartments (454). Rather, the above rejection merely relies on Van Cleve to teach the use of a container (H) and pocket (32) for containing a phase-change material (col. 4, lines 13-18) on a wall (18). The motivation for applying this teaching of Van Cleve’s to Wenner’s structure can be found in the knowledge available to one of ordinary skill. One of ordinary skill would recognize that temperature-control members on a pallet cover used for covering large and heavy items may suffer damage while those items are being shipped from one location to another. One of ordinary skill would also recognize that making such temperature-control members removable would facilitate their repair or replacement, since they could be individually removed and repaired/replaced without having to replace the entire pallet cover. Since Van Cleve teaches using a container (H) and pocket (32) to make a temperature-control member (48) removable from a wall (18), one of ordinary skill would therefore be motivated to apply this teaching to Wenner’s pallet cover, in order to make the temperature-control members removable, thereby facilitating their repair or replacement.
Applicant also argues that “a person of ordinary skill in the art would not have been motivated to combine Wenner . . . and Johnson” because “Wenner is directed at a thermal stabilization shipping system for a palletized payload”, while “and Johnson is directed at an open-ended sleeve that is designed to be slipped over a beer keg to keep the beer keg cold” (Remarks at 18). Contrary to applicant’s contention, however, both Wenner and Johnson are actually concerned with the same object: the thermal stabilization of payloads. As Wenner notes in par. 33, the pallet cover (350a, 350b) is intended to “protect articles or products in extremely hot temperatures” by using “phase change material . . . to absorb heat . . . at a predefined trigger temperature.” And Johnson is concerned with “maintaining a beer keg or the like cold during use” (col. 1, lines 39-40) - that is, protecting an article or product (i.e., a beer keg) from hot temperatures by using a phase-change material (i.e., water) to absorb heat (col. 3, lines 5-11). Thus, Wenner and Johnson do not have “dramatic differences between the various types of objects being addressed”, as applicant contends (Remarks at 18). Rather, Wenner and Johnson both seek to address the same object: protecting payloads against unwanted heat transfer from the surrounding environment.
As for applicant’s argument that there is no teaching, suggestion, or motivation to combine the Wenner & Johnson references (Remarks at 18), the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. In this case, such a motivation can be found in the Johnson reference itself, which refers to the handles (14, 16) as “carrying handles” in both cl. 3 & col. 2, lines 4-6. The use of the term “carrying” plainly implies that the Johnson’s handles (14, 16) are intended to facilitate transportation - that is, carrying - of the barrel cooler (10). Given this teaching, one of ordinary skill would therefore have been motivated to add handles, as taught by Johnson, to the pallet cover of Wenner as modified, in order to facilitate transportation of the pallet cover by allowing it to be more easily grasped by human hands (as suggested by cl. 3 & col. 2, lines 4-6 of Johnson).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW ING whose telephone number is (571)272-6536. The examiner can normally be reached M-F 8:30 a.m. - 5 p.m.. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Troy can be reached at (571) 270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
/MATTHEW W ING/Primary Examiner, Art Unit 3637
1 Such detachability is implied by par. 44, which characterizes 350A & 350B as “blankets”; and by par. 43, which states that a “blanket may be easily removed and reused if desired.”