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.
Claim Rejections - 35 USC § 103
1. 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. ‘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.
Regarding claim 1, Smith et al ‘346 disclose a temperature-controlled bag comprising: an unpowered cooling device (2200), a bag (2214), comprising an insulated chamber (2212) defining a cavity to be cooled, and a strap (2208) used to secure the cooling device in place with {as shown in Fig. 22: ¶¶ [0168-0169], wherein 2208 and 2210 constitute a strap}.
However, Smith et al ‘346 fail to explicitly disclose a protective layer exterior to the insulated chamber, and an outer fabric shell, wherein the cooling device is mounted to edges at an opening of the insulated chamber, with a sealing gasket therebetween.
Mayer ‘038 teaches: the concept of a protective layer (30) exterior to the insulated chamber (19/50), and 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.
Regarding claim 2, The combination of Smith et al ‘346, Mayer ‘038 and JP ‘723 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 and JP ‘723 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 and JP ‘723 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 and JP ‘723 disclose and teach the temperature-controlled bag of claim 1, Smith et al ‘346 as modified by JP ‘723 further teaches the limitation of 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 and JP ‘723 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 cooling engine 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}; the insulative chamber further comprises one or more VIP panels {see Example 3B}; and Smith et al ‘346 as modified by JP ‘723 further teaches the limitation of 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}.
Claim Rejections - 35 USC § 102
2. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 7-11, 13-21 and 23-29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith et al. (U.S. PG Pub No.: 2004/0231346 A1), hereinafter referred to as Smith et al. ‘346.
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 to be cooled, and an adsorber (2204) comprising a metal-organic framework adsorbent, wherein the cooling device is not connected to a power source {as shown in Fig. 22: ¶¶ [0113], [0115-0116] and [0168-0169]}.
Regarding claim 8, Smith et al ‘346 disclose the cooling device of claim 7, wherein the fluid comprises water {see ¶ [0116]}.
Regarding claim 9, Smith et al ‘346 disclose the cooling device of claim 7, 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, Smith et al ‘346 disclose the cooling device of claim 9, wherein the conduit further comprises a valve {see ¶ [0121]}.
Regarding claim 11, Smith et al ‘346 disclose the cooling device of claim 7, 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 13, Smith et al ‘346 disclose the cooling device of claim 7, wherein the adsorbent further comprises a hygroscopic salt {see ¶ [0020]}.
Regarding claim 14, Smith et al ‘346 disclose the cooling device of claim 13, 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(C104)2), barium oxide (BaO), calcium oxide (CaO), calcium sulfate (CaSO4), aluminum oxide (A1203), calcium bromide (CaBr2), barium perchlorate (Ba(C104)2), copper sulfate (CuSO4), or combinations thereof {see ¶¶ [0020], [0113] and [0139]}.
Regarding claim 15, Smith et al ‘346 disclose the cooling device of claim 7, wherein the adsorber has a vapor uptake capacity of at least about 60 wt. %. {see ¶¶ [0024] and [0042-0043]}.
Regarding claim 16, Smith et al ‘346 disclose the cooling device of claim 7, wherein the adsorber has a vapor uptake capacity of at least about 90 wt. % {see ¶¶ [0024] and [0042-0043]}.
Regarding claim 17, Smith et al ‘346 disclose the cooling device of claim 7, wherein the adsorber is separated from the evaporator by a porous insulating layer {see ¶¶ [0131], [0119], [0126], [0139] and [0185]}.
Regarding claim 18, Smith et al ‘346 disclose a method of operating the cooling device of claim 7, 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 claims 19 and 29, 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]}.
Regarding claim 20, Smith et al ‘346 disclose the method of claim 19, wherein the fluid is water {see ¶ [0116]}.
Regarding claim 21, Smith et al ‘346 disclose the method of claim 19, 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 23, Smith et al ‘346 disclose the method of claim 19, wherein the adsorbent further comprises a hygroscopic salt {see ¶ [0020]}.
Regarding claim 24, Smith et al ‘346 disclose the method of claim 19, 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, Smith et al ‘346 disclose the method of claim 19, wherein the adsorbent has a vapor uptake capacity of at least about 60 wt. % {see ¶¶ [0024] and [0042-0043]}.
Regarding claim 26, Smith et al ‘346 disclose the method of claim 19, wherein the adsorbent has a vapor uptake capacity of at least about 90 wt. % {see ¶¶ [0024] and [0042-0043]}.
Regarding claim 27, Smith et al ‘346 disclose the method of claim 19, wherein the object can be cooled for a time of about 1 day to about 10 days {see Abstract; and ¶ [0003]}.
Regarding claim 28, Smith et al ‘346 disclose the method of claim 19, wherein cooling of the object ends when the reservoir is emptied of fluid {¶¶ [0078] and [0116]}.
Claims 12 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Smith et al. ‘346, in view of MULET et al (U.S. PG Pub No.: 2020/0282379 A1), hereinafter referred to as MULET et al ‘379.
Regarding claim 12, Smith et al ‘346 disclose the cooling device of claim 7, EXCEPT for the limitations 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.
MULET et al ‘379 teach: the concept of the metal organic framework adsorbent comprises: Aluminum-fumarate {see ¶¶ [0045-0051]}.
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 MULET et al ‘379 to include the use of the metal organic framework adsorbent comprises: Aluminum-fumarate, in order to meet human consumption regulation; and material that is cheap and easy to make {MULET et al ‘379 – ¶ [0050]}.
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 MULET et al ‘379 to obtain the invention as specified in claim 12.
Regarding claim 22, Smith et al ‘346 disclose the method of claim 19, EXCEPT for 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.
MULET et al ‘379 teach: the concept of the metal organic framework adsorbent comprises: Aluminum-fumarate {see ¶¶ [0045-0051]}.
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 MULET et al ‘379 to include the use of the metal organic framework adsorbent comprises: Aluminum-fumarate, in order to meet human consumption regulation; and material that is cheap and easy to make {MULET et al ‘379 – ¶ [0050]}.
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 MULET et al ‘379 to obtain the invention as specified in claim 22.
Conclusion
3. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
KR-20170138917-A to MULLER JOSEF.
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; 8:00 AM to 4:00 PM Monday thru Friday; 8:00 AM to 4:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FRANTZ JULES can be reached on (571)272-6681(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
10/30/2025