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.
Election/Restrictions
1. Newly submitted claims 30-38 are directed to an invention A VIP readiness indicator and a visual indicator that is independent or distinct from the invention originally claims 1-29.
Since applicant has received an action on the merits for the originally filed invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claim 30-38 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
Drawings
2. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "150", “152” and "155" have been used to designate both gasket and adapter as show in Figs. 3-7. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Further, new corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because reference numbers must be typed written and not hand written. Applicant is advised to employ the services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance.
Claim Rejections - 35 USC § 103
3. 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 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Smith et al. (U.S. PG Pub No.: 2004/0231346 A1), hereinafter referred to as Smith et al. ‘346, in view of Mayer (U.S. PG Pub No.: 2011/0248038 A1), hereinafter referred to as Mayer ‘038; further in view of (JP3112723 U), hereinafter referred to as JP ‘723; and Rogers et al (U.S. PG Pub No.: 2019/0202621 A1), hereinafter referred to as Rogers et al ‘621.
Regarding claim 1, Smith et al ‘346 disclose a temperature-controlled bag comprising: an unpowered cooling device (2200), a bag (2214), comprising a vacuum insulated chamber (2212) defining a cavity to be cooled, {as shown in Fig. 22: ¶¶ [0168-0169]}.
However, Smith et al ‘346 fail to explicitly disclose an outer fabric shell, wherein the cooling device is mounted to edges at an opening of the insulated chamber, with a sealing gasket therebetween; and a strap used to secure the unpowered cooling device in place with a sealing amount of pressure to engage the gasket.
Mayer ‘038 teaches: an outer fabric shell (20) {as shown in Fig. 3B: ¶¶ [0020-0026]}.
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 Smith et al ‘346 in view of Mayer ‘038 to include the use of a protective layer exterior to the insulated chamber, and an outer fabric shell, in order to facilitate a passive thermally controlled bulk shipping container {Mayer ‘038 – ¶ [0006]}.
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 Smith et al ‘346 in view of Mayer ‘038 to obtain the invention as specified in claim 1.
Further, JP ‘723: teaches: the concept of the cooling device (13) is mounted to edges at an opening of the insulated chamber (3), with a sealing gasket therebetween (17) {as shown in Fig. 1: Abstract; Page 4, ¶ 5}.
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 Smith et al ‘346 in view of JP ‘723 to include the cooling device mounted to edges at an opening of the insulated chamber, with a sealing gasket therebetween, in order to facilitate improved airtightness between the container main body and the lid {JP ‘723 – Page 4, ¶ 5}.
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 Smith et al ‘346 in view of JP ‘723 to obtain the invention as specified in claim 1.
Rogers et al ‘621 teach: the concept of a strap (4750) capable of being used to secure the unpowered cooling device in place with a sealing amount of pressure to engage the gasket {as shown in Fig. 55: ¶¶ [0071], [0187] and [0192]}.
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 Smith et al ‘346 in view of Rogers et al ‘621 to include the a strap used to secure the unpowered cooling device in place with a sealing amount of pressure to engage the gasket, in order to facilitate a holding the top portion in a folding configuration {Rogers et al ‘621 – ¶ [0187]}.
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 Smith et al ‘346 in view of Rogers et al ‘621 to obtain the invention as specified in claim 1.
Regarding claim 2, The combination of Smith et al ‘346, Mayer ‘038, JP ‘723 and Rogers et al ‘621 disclose and teach the temperature-controlled bag of claim 1, Smith et al ‘346 as modified by JP ‘723 further teaches the limitation of comprising an adapter (23) between the cooling engine and the insulated chamber to accommodate differences in size {as shown in Fig. 1: Abstract; Page 4, ¶ 5}.
Regarding claim 3, The combination of Smith et al ‘346, Mayer ‘038, JP ‘723 and Rogers et al ‘621 disclose and teach the temperature-controlled bag of claim 1, Smith et al ‘346 disclose wherein the unpowered cooling device is an adsorptive cooler capable of maintaining blood preservation temperatures for at least 3 days {see Abstract; and ¶ [0003]}.
Regarding claim 4, The combination of Smith et al ‘346, Mayer ‘038, JP ‘723 and Rogers et al ‘621 disclose and teach the temperature-controlled bag of claim 1, Smith et al ‘346 wherein the insulative chamber further comprises one or more VIP panels {see Example 3B}.
Regarding claim 5, The combination of Smith et al ‘346, Mayer ‘038, JP ‘723 and Rogers et al ‘621 disclose and teach the temperature-controlled bag of claim 1, Smith et al ‘346 as modified by JP ‘723 further teaches the limitation of further comprising a protective layer exterior to the insulated chamber, wherein the protective layer comprises a material having one or more of the following features: shock resistance (15), puncture resistance, water resistance, chemical resistance, and rip stop {as shown in Fig. 1: Abstract; Page 4, ¶ 5}.
Regarding claim 6, The combination of Smith et al ‘346, Mayer ‘038, JP ‘723 and Rogers et al ‘621 disclose and teach the temperature controlled bag of claim 1, Smith et al ‘346 as modified by JP ‘723 further teaches comprising an adapter (23) between the unpowered cooling device and the insulated chamber to accommodate differences in size {as shown in Fig. 1: Abstract; Page 4, ¶ 5}; and Smith et al ‘346 disclose wherein the unpowered cooling device is an absorptive cooler capable of maintaining blood preservation temperatures for at least 3 days {see Abstract}; and the insulative chamber further comprises one or more VIP panels {see Example 3B}.
Claims 7-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith et al. ‘346, in view of KUNAPULI et al. (U.S. PG Pub No.: 2022/0274053 A1), hereinafter referred to as KUNAPULI et al. ‘053.
Regarding claim 7, Smith et al ‘346 disclose a cooling device (2200) for cooling an object, comprising: a reservoir (2204) configured to contain a fluid, an evaporator (2202) adjacent to an object (temperature-sensitive products) to be cooled, and an adsorber (2204) {as shown in Fig. 22: Abstract; ¶¶ [0005], [0007], [0014], [0113], [0115-0116] and [0168-0169]}; and wherein the cooling device is not connected to a power source {as shown in Fig. 22: Abstract; ¶¶ [0005], [0007], [0014], [0113], [0115-0116] and [0168-0169]}.
However, Smith et al ‘346 fail to explicitly disclose wherein the adsorber comprising a metal-organic framework adsorbent metal-organic framework adsorbent comprises metal ions or clusters coordinated with organic linkers to form a porous structure.
KUNAPULI et al. ‘053 teach: the concept wherein the adsorber comprising a metal-organic framework adsorbent metal-organic framework adsorbent comprises metal ions or clusters coordinated with organic linkers to form a porous structure {see ¶¶ [0006], [0009-0011], [0037], [0040], [0042], [0046], [0051] and [0060-0076]}.
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 Smith et al ‘346 adsorber by the adsorber of KUNAPULI et al. ‘053 so as to include a metal-organic framework adsorbent metal-organic framework adsorbent comprises metal ions or clusters coordinated with organic linkers to form a porous structure, in order to facilitate moisture removal, contaminant and acid removal from the refrigerant {KUNAPULI et al. ‘053 – ¶ [0006]}.
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 Smith et al ‘346 in view of KUNAPULI et al. ‘053 to obtain the invention as specified in claim 7.
Regarding claim 8, the combination of Smith et al ‘346 and KUNAPULI et al. ‘053 disclose and teach the cooling device of claim 7, Smith et al ‘346 disclose wherein the fluid comprises water {see ¶ [0116]}.
Regarding claim 9, the combination of Smith et al ‘346 and KUNAPULI et al. ‘053 disclose and teach the cooling device of claim 7, Smith et al ‘346 disclose wherein the reservoir is connected to the evaporator by a conduit (2208) including a wicking material {as shown in Fig. 22: ¶¶ [0168] and 0189]}.
Regarding claim 10, the combination of Smith et al ‘346 and KUNAPULI et al. ‘053 disclose and teach the cooling device of claim 9, Smith et al ‘346 disclose wherein the conduit further comprises a valve {see ¶ [0121]}.
Regarding claim 11, the combination of Smith et al ‘346 and KUNAPULI et al. ‘053 disclose and teach the cooling device of claim 7, Smith et al ‘346 as modified by KUNAPULI et al. ‘053 further teach the limitations of wherein the metal-organic framework adsorbent comprises zirconium, aluminum, titanium, hafnium, chromium, iron, manganese, indium, 3,3",5,5"- tetrakis(4-carboxyphenyl)-p-terphenyl, 1,4-benzene dicarboxylate (TPA), bis(1H-1,2,3- triazolo[4,5-b],[4',5'-i])dibenzo-[1,4]dioxin, 1,3,5-benzene tricarboxylate, 1,2,4,5-tetrakis(4- carboxyphenyl)benzene, 4,4',4",4'-methanetetrayltetrabenzoate, 3,5-pyrazoledicarboxylate, fumarate, 3,3',5,5'-tetracarboxydiphenylmethane, 2,5-thiophenedicarboxylate, 2,5- furandicarboxylate, or combinations thereof {see ¶¶ [0040], [0042], [0046], [0051] and [0060-0076]}.
Regarding claim 12, the combination of Smith et al ‘346 and KUNAPULI et al. ‘053 disclose and teach the cooling device of claim 7, Smith et al ‘346 as modified by KUNAPULI et al. ‘053 further teach the limitations of wherein the metal organic framework adsorbent comprises UiO-66, MOF-303, MOF-808, PIZOF-2UiO-66, MIL-101(Cr)PIZOF-2, Cr-soc-MOF-1, MIL- 101(Cr), C02Cl2(BTDD), MIL-100(Fe), MOF-841(Zr), Y-shp-MOF-5, MOF-303(Al), MIL- 125(Ti)-NH2, Aluminum-fumarate, MIP-200(Zr), CAU-23(Al), MIL-53(Al)-OH, MIL-160(Al), CAU-10(Al)-H, UiO-66(Zr), MOF-801(Zr), or combinations thereof {see ¶¶ [0011] and [0088-0089]}.
Regarding claim 13, the combination of Smith et al ‘346 and KUNAPULI et al. ‘053 disclose and teach the cooling device of claim 7, Smith et al ‘346 disclose wherein the adsorbent further comprises a hygroscopic salt {see ¶ [0020]}.
Regarding claim 14, the combination of Smith et al ‘346 and KUNAPULI et al. ‘053 disclose and teach the cooling device of claim 13, Smith et al ‘346 disclose wherein the hygroscopic salt comprises calcium chloride (CaCl2) {see ¶ [0020]}.
Regarding claim 15, the combination of Smith et al ‘346 and KUNAPULI et al. ‘053 disclose and teach the cooling device of claim 7, Smith et al ‘346 disclose wherein the adsorber has a vapor uptake capacity of at least about 60 wt. %. {see ¶¶ [0024] and [0042-0043]}.
Regarding claim 16, the combination of Smith et al ‘346 and KUNAPULI et al. ‘053 disclose and teach the cooling device of claim 7, Smith et al ‘346 disclose wherein the adsorber has a vapor uptake capacity of at least about 90 wt. % {see ¶¶ [0024] and [0042-0043]}.
Regarding claim 17, the combination of Smith et al ‘346 and KUNAPULI et al. ‘053 disclose and teach the cooling device of claim 7, Smith et al ‘346 disclose wherein the adsorber is separated from the evaporator by a porous insulating layer {see ¶¶ [0131], [0119], [0126], [0139] and [0185]}.
Regarding claim 18, the combination of Smith et al ‘346 and KUNAPULI et al. ‘053 disclose and teach the cooling device of claim 7, Smith et al ‘346 disclose a method of operating comprising: transferring the fluid from the reservoir to the evaporator, wherein the evaporator, which is under vacuum, evaporates the fluid to form a vapor, thereby lowering the temperature of the fluid in the evaporator which cools the object, and transferring the vapor to an adsorber comprising a metal-organic framework which adsorbs the vapor, thereby increasing the temperature of the adsorber, wherein heat is transferred from the adsorber to an environment surrounding the adsorber when the temperature of the adsorber exceeds the temperature of the environment {see Fig. 22: ¶¶ [0016], [0024], [0078], [0081] and [0126]}.
Regarding claim 19, Smith et al ‘346 disclose a method of cooling an object, comprising: providing a fluid in a reservoir (2204), transferring the fluid from the reservoir to an evaporator (2202) which is adjacent to the object, wherein the evaporator, which is under vacuum, evaporates the fluid to form a vapor, thereby lowering the temperature of the fluid in the evaporator which cools the object, and transferring the vapor to an adsorber comprising a metal-organic framework adsorbent which adsorbs the vapor, thereby increasing the temperature of the adsorber, wherein heat is transferred from the adsorber to an environment surrounding the adsorber when the temperature of the adsorber exceeds the temperature of the environment; and wherein cooling of the object does not utilize a power source {as shown in Fig. 22: ¶¶ [0024], [0042-0043], [0078], [0081], [0113], [0115-0116], [0126], and [0168-0169]}.
However, Smith et al ‘346 fail to disclose the limitation of wherein the metal-organic framework adsorbent comprises metal ions or clusters coordinated with organic linkers to form a porous structure.
However, Smith et al ‘346 fail to explicitly disclose wherein the metal-organic framework adsorbent metal-organic framework adsorbent comprises metal ions or clusters coordinated with organic linkers to form a porous structure.
KUNAPULI et al. ‘053 teach: the concept the metal-organic framework adsorbent comprises metal ions or clusters coordinated with organic linkers to form a porous structure {see ¶¶ [0006], [0009-0011], [0037], [0040], [0042], [0046], [0051] and [0060-0076]}.
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 Smith et al ‘346 adsorber by the adsorber of KUNAPULI et al. ‘053 so as to include a metal-organic framework adsorbent metal-organic framework adsorbent comprises metal ions or clusters coordinated with organic linkers to form a porous structure, in order to facilitate moisture removal, contaminant and acid removal from the refrigerant {KUNAPULI et al. ‘053 – ¶ [0006]}.
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 Smith et al ‘346 in view of KUNAPULI et al. ‘053 to obtain the invention as specified in claim 19.
Regarding claim 20, the combination of Smith et al ‘346 and KUNAPULI et al. ‘053 disclose and teach the method of claim 19, Smith et al ‘346 disclose wherein the fluid is water {see ¶ [0116]}.
Regarding claim 21, the combination of Smith et al ‘346 and KUNAPULI et al. ‘053 disclose and teach the method of claim 19, Smith et al ‘346 disclose wherein the metal-organic framework adsorbent comprises zirconium, aluminum, titanium, hafnium, chromium, iron, manganese, indium, 3,3",5,5"- tetrakis (4-carboxyphenyl)-p-terphenyl, 1,4-benzene dicarboxylate (TPA), bis(1H-1,2,3- triazolo[4,5-b],[4',5'-i])dibenzo-[1,4]dioxin, 1,3,5-benzene tricarboxylate, 1,2,4,5-tetrakis(4- carboxyphenyl)benzene, 4,4',4",4'-methanetetrayltetrabenzoate, 3,5-pyrazoledicarboxylate, fumarate, 3,3',5,5'-tetracarboxydiphenylmethane, 2,5-thiophenedicarboxylate, 2,5- furandicarboxylate, or combinations thereof {see ¶ [0121]}.
Regarding claim 22, the combination of Smith et al ‘346 and KUNAPULI et al. ‘053 disclose and teach the method of claim 19, Smith et al ‘346 as modified by KUNAPULI et al. ‘053 further teach the limitation of wherein the metal organic framework adsorbent comprises UiO- 66, MOF-303, MOF-808, PIZOF-2UiO-66, MIL-101(Cr)PIZOF-2, Cr-soc-MOF-1, MIL-101(Cr), C02C12(BTDD), MIL-100(Fe), MOF-841(Zr), Y-shp-MOF-5, MOF-303(Al), MIL-125(Ti)-NH2, Aluminum-fumarate, MIP-200(Zr), CAU-23(Al), MIL-53(Al)-OH, MIL-160(Al), CAU-10(Al)- H, UiO-66(Zr), MOF-801(Zr), or combinations thereof{see ¶¶ [0011] and [0088-0089]}.
Regarding claim 23, the combination of Smith et al ‘346 and KUNAPULI et al. ‘053 disclose and teach the method of claim 19, Smith et al ‘346 disclose wherein the adsorbent further comprises a hygroscopic salt {see ¶ [0020]}.
Regarding claim 24, the combination of Smith et al ‘346 and KUNAPULI et al. ‘053 disclose and teach the method of claim 19, Smith et al ‘346 disclose wherein the hygroscopic salt comprises calcium chloride (CaCl2), lithium chloride (LiCl), lithium bromide (LiBr), magnesium chloride (MgCl2), calcium nitrate (Ca(N03)2), potassium fluoride (KF), phosphorous pentoxide (P205), magnesium perchlorate (Mg(Cl04)2), barium oxide (BaO), calcium oxide (CaO), calcium sulfate (CaSO4), aluminumoxide (A1203), calcium bromide (CaBr2), barium perchlorate (Ba(C104)2), copper sulfate (CuSO4), or combinations thereof {see ¶¶ [0020], [0113] and [0139]}.
Regarding claim 25, the combination of Smith et al ‘346 and KUNAPULI et al. ‘053 disclose and teach the method of claim 19, Smith et al ‘346 disclose wherein the adsorbent has a vapor uptake capacity of at least about 60 wt. % {see ¶¶ [0024] and [0042-0043]}.
Regarding claim 26, the combination of Smith et al ‘346 and KUNAPULI et al. ‘053 disclose and teach the method of claim 19, Smith et al ‘346 disclose wherein the adsorbent has a vapor uptake capacity of at least about 90 wt. % {see ¶¶ [0024] and [0042-0043]}.
Response to Arguments
3. Applicant's arguments, see pages 1-5, filed 05/04/2026, with respect to the rejection(s) of claim(s) 7-11, 13-21 and 23-29 under 35 USC § 102 and claim(s) 1-6 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
06/13/2026
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