DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/26/2026 has been entered.
Response to Arguments
Applicant's arguments filed 1/26/2026 in response to Office Action 11/3/2025 have been fully considered but they are not persuasive for at least the following reason:
Regarding claim 1, Applicant argues primary prior art Cahalan does not teach having two/three self-healing openings, only one (page 6). Examiner agrees. Please see a detailed new grounds analysis in the rejection below.
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 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.
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.
Claims 1, 5 and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over US Pat 4746029 issued to Tyner et al. (hereinafter “Tyner”) in view of US Pat 4420027 issued to Gidge et al. (hereinafter “Gidge”).
Regarding claim 1, Tyner teaches an insert (Fig 5, an insert is cooler curtain 10) for an insulating container (Fig 1, inserted in storage unit 12) having an internal storage compartment (Figs 1 & 4, internal storage of 12 is shown), the insert comprising:
an insulating panel (Fig 5, an insulating panel is a curtain element 24) including
two or more self-sealing openings (Figs 4-5, self-sealing openings are margins 40, Title, “self-closing cooler curtain”, col 2, lines 61-62, “upon immediate withdrawal from the opening the curtain elements self-close to re-establish the air barrier”; wherein an air barrier necessarily means sealed since gaseous air is blocked) through which consumables stored within the internal storage compartment can be extracted, each of the two or more self-sealing openings being configured to stretch for access during use and to contract when not in use (Figs 4-5, col 4, lines 6-18, flexible material is necessarily capable of stretching (expand then contract from expanded); “[24 is] constructed of a transparent flexible material... When in place, curtain elements 24… create an essentially uniform wall or air barrier covering… top opening 18. The principals of the invention as discussed herein may also be applied to form a suitable air barrier over any type or shape of opening. In their closed position, curtain elements 24… serve to maintain the temperature gradient between the interior portion of the storage unit and the surrounding atmosphere. While in this particular application that storage unit 12 is used for refrigeration of food products.” Col 4, lines 32-35, “24 return due to their resilient nature or by the force of gravity to their closed position forming a generally uniform thermal barrier”); and
a frame (Fig 5, 22) configured to support and position the insulating panel over the internal storage compartment (Figs 1 & 4, 22 is shown supporting and positioning 24 over the internal storage of 12); wherein
the insulating panel is configured to maintain thermal resistance between the internal storage compartment and an exterior environment while permitting extraction through the two or more self-sealing openings (see above, col 2, lines 61-62 “withdrawal” & col 4, lines 34-35 “thermal barrier”).
But Tyner does not explicitly teach that the self-sealing openings are in/through a single insulating panel.
Gidge, however, teaches a similar insert for a cooler comprising: a single insulating panel that includes at least three self-sealing openings (Fig 1, an insulating panel is curtain 26 with at least three self-sealing openings 28 because they remain closed from being taut so blocking air – meaning sealing; Abstract, “the curtain retains cold air within the refrigerator” and “keep the curtain taut”, wherein col 1, lines 56-60, “this invention is to provide an energy saving transparent, flexible curtain [26] for an open refrigerator in which the refrigerator contents are readily accessible and the curtain remains essentially closed even when the goods are being withdrawn”).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to incorporate the teachings of Gidge into the invention of Tyner to make the panels 24 of Tyner one integral panel in order to advantageously simplify the manufacturing process and materials needed for the product. Furthermore, it has been held that that the use of a one piece construction instead of the structure disclosed in the prior art would be merely a matter of obvious engineering choice (wherein the panel still insulates and the self-sealing openings still seal as expected). MPEP 2144.04 V-B. Please note that in the instant application, the Applicant has not disclosed any criticality for the claimed limitation.
Regarding claim 9, Tyner teaches an insert (Fig 1, 5, an insert is cooler curtain 10) for an insulating container (Fig 1, inserted in storage unit 12) having an internal storage compartment (Fig 1 & 4, internal storage of 12 is shown), the insert comprising:
an insulating panel (Fig 5, an insulating panel is a curtain element 24) including
two or more self-sealing openings (Figs 4-5, self-sealing openings are margins 40, Title, “self-closing cooler curtain”, col 2, lines 61-62, “upon immediate withdrawal from the opening the curtain elements self-close to re-establish the air barrier”; wherein an air barrier necessarily means sealed since gaseous air is blocked) through which consumables stored within the internal storage compartment can be extracted, each of the two or more self-sealing openings being configured to stretch for access during use and to contract when not in use (Figs 4-5, col 4, lines 6-18, flexible material is necessarily capable of stretching (expand then contract from expanded); “[24 is] constructed of a transparent flexible material... When in place, curtain elements 24… create an essentially uniform wall or air barrier covering… top opening 18. The principals of the invention as discussed herein may also be applied to form a suitable air barrier over any type or shape of opening. In their closed position, curtain elements 24… serve to maintain the temperature gradient between the interior portion of the storage unit and the surrounding atmosphere. While in this particular application that storage unit 12 is used for refrigeration of food products.” Col 4, lines 32-35, “24 return due to their resilient nature or by the force of gravity to their closed position forming a generally uniform thermal barrier”); and
a frame (Fig 5, 22) configured to support and position the insulating panel over the internal storage compartment (Fig 1 & 4, 22 is shown supporting and positioning 24 over the internal storage of 12),
the frame including a hinge (col 4, lines 2-3, “frame 22 may be secured to storage 12 by hinges”) that is affixed to the insulating container (Fig 1 also shows 22 secured/affixed to 12); wherein
the insulating panel is configured to maintain thermal resistance between the internal storage compartment and an exterior environment while permitting extraction through the two or more self-sealing openings (see above, col 2, lines 61-62 “withdrawal” & col 4, lines 34-35 “thermal barrier”).
But Tyner does not explicitly teach that the self-sealing openings are in/through a single insulating panel.
Gidge, however, teaches a similar insert for a cooler comprising: a single insulating panel that includes at least three self-sealing openings (Fig 1, an insulating panel is curtain 26 with at least three self-sealing openings 28 because they remain closed from being taut so blocking air – meaning sealing; Abstract, “the curtain retains cold air within the refrigerator” and “keep the curtain taut”, wherein col 1, lines 56-60, “this invention is to provide an energy saving transparent, flexible curtain [26] for an open refrigerator in which the refrigerator contents are readily accessible and the curtain remains essentially closed even when the goods are being withdrawn”).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to incorporate the teachings of Gidge into the invention of Tyner to make the panels 24 of Tyner one integral panel in order to advantageously simplify the manufacturing process and materials needed for the product. Furthermore, it has been held that that the use of a one piece construction instead of the structure disclosed in the prior art would be merely a matter of obvious engineering choice (wherein the panel still insulates and the self-sealing openings still seal as expected). MPEP 2144.04 V-B. Please note that in the instant application, the Applicant has not disclosed any criticality for the claimed limitation.
Regarding claim 18, Tyner teaches an insert (Fig Fig 5, an insert is cooler curtain 10) for an insulating container (Fig 1, inserted in storage unit 12) having an internal storage compartment (Fig 1 & 4, internal storage of 12 is shown), the insert comprising:
an insulating panel (Fig 5, an insulating panel is a curtain element 24) including
two or more self-sealing openings (Figs 4-5, self-sealing openings are margins 40, Title, “self-closing cooler curtain”, col 2, lines 61-62, “upon immediate withdrawal from the opening the curtain elements self-close to re-establish the air barrier”; wherein an air barrier necessarily means sealed since gaseous air is blocked) through which consumables stored within the internal storage compartment can be extracted, each of the two or more self-sealing openings being configured to stretch for access during use and to contract when not in use (Figs 4-5, col 4, lines 6-18, flexible material is necessarily capable of stretching (expand then contract from expanded); “[24 is] constructed of a transparent flexible material... When in place, curtain elements 24… create an essentially uniform wall or air barrier covering… top opening 18. The principals of the invention as discussed herein may also be applied to form a suitable air barrier over any type or shape of opening. In their closed position, curtain elements 24… serve to maintain the temperature gradient between the interior portion of the storage unit and the surrounding atmosphere. While in this particular application that storage unit 12 is used for refrigeration of food products.” Col 4, lines 32-35, “24 return due to their resilient nature or by the force of gravity to their closed position forming a generally uniform thermal barrier”); and
a frame (Fig 5, 22) configured to support and position the insulating panel over the internal storage compartment (Figs 1 & 4, 22 is shown supporting and positioning 24 over the internal storage of 12); wherein
the insulating panel is configured to maintain thermal resistance between the internal storage compartment and an exterior environment while permitting extraction through the two or more self-sealing openings (see above, col 2, lines 61-62 “withdrawal” & col 4, lines 34-35 “thermal barrier”).
But Tyner does not explicitly teach that three self-sealing openings are in/through a single insulating panel.
Gidge, however, teaches a similar insert for a cooler comprising: a single insulating panel that includes at least three self-sealing openings (Fig 1, an insulating panel is curtain 26 with at least three self-sealing openings 28 because they remain closed from being taut so blocking air – meaning sealing; Abstract, “the curtain retains cold air within the refrigerator” and “keep the curtain taut”, wherein col 1, lines 56-60, “this invention is to provide an energy saving transparent, flexible curtain [26] for an open refrigerator in which the refrigerator contents are readily accessible and the curtain remains essentially closed even when the goods are being withdrawn”).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to incorporate the teachings of Gidge into the invention of Tyner to make the panels 24 of Tyner one integral panel in order to advantageously simplify the manufacturing process and materials needed for the product. Furthermore, it has been held that that the use of a one piece construction instead of the structure disclosed in the prior art would be merely a matter of obvious engineering choice (wherein the panel still insulates and the self-sealing openings still seal as expected). MPEP 2144.04 V-B. Please note that in the instant application, the Applicant has not disclosed any criticality for the claimed limitation.
Regarding claim 5, Tyner/Gidge further teaches the frame (Tyner, Fig 5, 22) surrounds the perimeter of the insulating panel (Tyner, Fig 5, 22 completely surrounds the perimeter of the one insulating panel (of Tyner 24s) as modified by Gidge) and is configured to rest on an inner shoulder of the insulating container (Tyner, Fig 1, 22 shown capable of resting on an inner shoulder/ridgetop of 12 (at least contact through one shared line of 22 and 12 near brackets 36)). See details in the parent claim 1 rejection above, including the motivation for a person of ordinary skill in the art to modify.
Regarding claims 16 and 17 (similar limitation, different dependency), Tyner further teaches the consumables comprise at least one of food and beverages (col 4 line 18, “food products”).
Claims 2-4 and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over US Pat 4746029 issued to Tyner et al. (hereinafter “Tyner”) in view of US Pat 4420027 issued to Gidge et al. (hereinafter “Gidge”) in view of WO 2021226299 by Cahalan (hereinafter “Cahalan”).
Regarding claims 2 and 10 (similar limitation, different dependency), Tyner/Gidge does not explicitly teach the insulating panel (Tyner as modified by Gidge) is formed of an elastomeric.
Cahalan, however, teaches an insulating panel (Fig 1, 300) is formed of an elastomeric insulating material that provides thermal resistance and flexibility (Fig 1, page 6 para 3 lines 9 & last four lines, claim 6, insulating panel 300 with self-sealing slot gap opening (seal prevents evaporation) is of a “thermoplastic elastomer” “silicone rubber” necessarily having thermal resistance and flexibility).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the flexible panel with self-sealing openings of Tyner/Gidge to be made of silicone rubber because Cahalan teaches silicone rubber is a suitable material for thermal resistance and flexibility, and the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination. MPEP 2144.07. Please note that in the instant application, the Applicant has not disclosed any criticality for the claimed limitation.
Regarding claims 3 and 11 (similar limitation, different dependency), Tyner/Gidge/Cahalan further teaches the elastomeric insulating material is silicone rubber (Cahalan, claim 6, silicone rubber). See details in the parent claim 2 or 10 rejection above, including the motivation for a person of ordinary skill in the art to modify.
Regarding claims 4 and 12 (similar limitation, different dependency), Tyner/Gidge/Cahalan further teaches each of the two or more self-sealing openings is a slit that extends through the insulating panel (Tyner, Fig 5, self-sealing openings 40 are slits, through the one panel (of Tyner 24s) as modified by Gidge). See details in the parent claims 1 or 9 rejection above, including the motivation for a person of ordinary skill in the art to modify.
Claims 6-8 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over US Pat 4746029 issued to Tyner et al. (hereinafter “Tyner”) in view of US Pat 4420027 issued to Gidge et al. (hereinafter “Gidge”) in view of US Pat 8393487 issued to Pillers et al. (hereinafter “Pillers”).
Regarding claims 6 and 13 (similar limitation, different dependency), Tyner/Gidge further teaches the frame (Tyner, Fig 5, 22) includes being configured to removably retain the insert (Tyner/Gidge) within the insulating container (Tyner, Fig 5, 22 is capable of removably retaining the insert within 12; col line, “Frame 22… of suitable size and dimension to closely nest between walls 34 and the base of top drop lid 20 thereby covering top opening 18... The weight of frame 22 is supported by bracket members 36 on the top portion of walls 34 to secure the cooler curtain 10 in place. Frame 22 is slightly recessed within the storage unit 12 and aligned in the same plane with the top of walls 34 and the plane formed by the front of walls 34 so that front drop lid 16 and top drop lid 20 may be closed while cooler curtain 10 is in place”),
But Tyner/Gidge does not explicitly teach the frame has a circumferential gasket.
Pillers, however, teaches a similar frame for inserting (Figs 4 & 7, base member 16 is an insertable frame (which is not cap/lid 14) is shown removable (Fig 4 shows disassemble)) includes a circumferential gasket (Fig 7, O-ring 58 shown in an outer edge groove of 16) configured to removably retain it within an insulating container (col 4 lines 19-21, “O-ring 58… forming a fluid-tight seal with the beverage container 12”; col 5 lines 37-38, “O-ring 58… manufactured from food grade silicon, rubber” is necessarily an elastomeric material).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the frame of Tyner with a gasket in a frame groove as taught by Pillers in order to advantageously reinforce/upgrade the frame-to-container contact of Tyner to be fluid tight, while Tyner’s lids are closed or open.
Examiner notes that the resulting combination yields the claimed invention via the frame of Tyner having the groove of Pillers with the gasket of Pillers nested therein, thereby creating a static seal between Tyner’s frame and container and removably retain Tyner’s insert within the container.
Regarding claims 7 and 14 (similar limitation, different dependency), Tyner/Gidge/Pillers further teaches the circumferential gasket (Pillers, Fig 7, 58) is formed of an elastomeric material (Pillers, col 5 lines 37-38, “O-ring 58… manufactured from food grade silicon, rubber” is necessarily an elastomeric material) configured to create a static seal between the frame of the insert and the insulating container (Tyner/Gidge insert as modified with Pillers gasket creates this seal). See details in the parent claim 6 or 13 rejection above, including the motivation for a person of ordinary skill in the art to modify.
Regarding claims 8 and 15 (similar limitation, different dependency), Tyner/Gidge/Pillers further teaches the circumferential gasket (Pillers, Fig 7, 58) is nested within a groove located on an outer edge of the frame (Pillers, Fig 7, 58 is nested within the outer edge groove of 16). See details in the parent claim 6 or 13 rejection above, including the motivation for a person of ordinary skill in the art to modify.
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over US Pat 4746029 issued to Tyner et al. (hereinafter “Tyner”) in view of US Pat 4420027 issued to Gidge et al. (hereinafter “Gidge”) in view of WO 2021226299 by Cahalan (hereinafter “Cahalan”) in view of US Pat 4331254 issued to Haggerty (hereinafter “Haggerty”).
Regarding claim 19, Tyner/Gidge does not explicitly teach that the insulating panel is formed of an elastomeric insulating material that is at least 1/8” thick.
Cahalan, however, teaches an insulating panel (Fig 1, 300) is formed of an elastomeric insulating material that provides thermal resistance and flexibility (Fig 1, page 6 para 3 lines 9 & last four lines, claim 6, insulating panel 300 with self-sealing slot gap opening (seal prevents evaporation) is of a “thermoplastic elastomer” “silicone rubber” necessarily having thermal resistance and flexibility).
Also, Haggerty teaches an insulating panel at least 1/8” thick (col 3 lines 12-16, “FIG. 4… discs [sheets] 1, 2 and 4 could be 2 mm thick and disc 3 can be 4 mm thick” (4 mm is 0.157 inches); col 1 lines 33-40, “The sheets are made of a flexible material and they must have sufficient rigidity to bridge the opening without collapsing into it, but they must be flexible enough to allow for some distortion during and after insertion of the object into the aperture. Suitable materials from which the flexible sheets are made are reinforced rubber” (rubber necessarily insulating)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the flexible panel with self-sealing openings of Tyner/Gidge to be made of silicone rubber because Cahalan teaches silicone rubber is a suitable material for thermal resistance and flexibility, and the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination. MPEP 2144.07. Please note that in the instant application, the Applicant has not disclosed any criticality for the claimed limitation.
Also it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to optimize and arrive at a panel thickness of at least 1/8” (0.125 inches) thick, having the teachings of insulating panel Haggerty before them (flexible sheet disc 0.157 inches thick, above), recognizing that an increase in thickness of the panel is directly correlated to an increased stiffness of sealing the self-healing openings in the panel beneficially enhancing their seal, which is a desirable characteristic, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 167 F.2d 272, 205 USPQ 215 (CCPA 1980). Please note that in the instant application, the Applicant has not disclosed any criticality for the claimed limitation.
Regarding claim 20, Tyner/Gidge/Cahalan/Haggerty further teaches the elastomeric insulating material is silicone rubber (Cahalan, claim 6, silicone rubber). See details in the parent claim 19 rejection above, including the motivation for a person of ordinary skill in the art to modify.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
US 20160187045 – insulating panel insert, but no openings (Fig 3)
US 20180120013 – insulating panel insert, but no openings (Fig 3)
US 12448176 – insulating panel insert, but not in date (Fig 1b)
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/ERIC C BALDRIGHI/Examiner, Art Unit 3733