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 .
Response to Arguments
Applicant's arguments filed 1/8/2026 in response to Office Action 11/6/2025 have been fully considered in the Pre-Appeal Decision 2/6/2026 and are herein listed but they are not persuasive for at least the following reasons:
Regarding claim 1, Applicant again argues that primary prior art Pico heating pad 150 upper surface 145 cannot do the amended capability of direct contact of a hose to the positively claimed upper surface, because the heating pad 150 upper surface is not 145 but actually an intermediate surface spaced away from 145 (i.e. an unlabeled line shown in between 145 and 150), as annotated by the Applicant (page 2). Examiner disagrees, pointing out that the disclosure in Pico only supports that 145 is the upper surface of 150 (col 2, lines 50-51, “the upper surface 145 of bottom 150”).
Applicant also again argues that there would be too much heat loss to perform the claimed function of preventing freezing because of the alleged space between the heating element and the upper surface (page 3). However, “the container [contents go] to a heating state, as desired” (col 3, lines 48-50) thereby necessarily encompassing and ensuring sufficient heating of contents for any intended heating amount desired (i.e. including keeping a hose undergoing environmental conditions heated to a sufficient temperature).
The Pre-Appeal conferees agreed in favor of the examiner.
Regarding claim 8, Applicant argues hindsight without evidence (page 4). In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). Also, in response to applicant's argument that the examiner has combined an excessive number of references, reliance on a large number of references in a rejection does not, without more, weigh against the obviousness of the claimed invention. See In re Gorman, 933 F.2d 982, 18 USPQ2d 1885 (Fed. Cir. 1991). Using a box with a heating pad and a lid to store and heat something is within a POSITA’s grasp.
The Pre-Appeal conferees agreed in favor of the examiner.
This is a second Non-Final action because of other findings in the Pre-Appeal for the limitation “turned on”.
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 1-4 and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over US Pat 8464891 issued to Pico (hereinafter “Pico”) in view of US 20210007548 by Rivadeneyra et al. (hereinafter “Rivadeneyra”) in view of US Pub 20090052809 by Sampson (hereinafter “Sampson”) in view of US Pat 6222160 issued to Remke et al. (hereinafter “Remke”).
Regarding claim 1, Pico teaches a heated storage case device (Title, hot container and lid, col 3, line 8, “heating material”) for inhibiting a garden hose from freezing during storage in cold temperatures (capable of heating meaning capable of inhibiting freeze of a stored garden hose), said device comprising:
a storage case (Fig 1, a storage case is container 100) being comprised of a thermally insulating material (since the container is made from a solid material, it necessarily has thermally insulative properties) wherein said storage case is configured to inhibit thermal communication between a garden hose stored within said storage case and ambient air (said solid material is necessarily capable of inhibiting thermal communication between stored contents and outside environment ambient air);
a heating pad (examiner notes “a heating pad” is necessarily multiple elements, comprising at least external padding/structure around/holding interior heating elements) being attached to said storage case (Fig 2, a heating pad is separate distinct bottom 150 with heating materials in its compartment 149A; wherein col 2, lines 32-34, the perimeter wall of the case is “attached to a bottom section 150” in which, col 3, lines 4-8, the compartment 149A in 150 contains “heating material”) such that said heating pad defines a floor of said storage case wherein said heating pad is configured to support the garden hose when the garden hose is positioned in said storage case and while the garden hose is resting directly on an upper surface of said heating pad (Fig 2, the heating pad defines and is a floor of the case, providing an “upper surface 145 of bottom 150” that is shown capable of directly supporting a resting garden hose), said heating pad producing heat when said heating pad is on (col 1, lines 59-62, heating is inserted into the compartment [149A] to “warm” (i.e. to heat), thereby showing activation which is equivalent broadly to heating being “on”) wherein said heating pad is configured to heat the garden hose thereby inhibiting the garden hose from freezing during cold temperatures (heat generated is necessarily capable of transferring sufficient heat to the supported garden hose);
But Pico does not explicitly teach handles.
Rivadeneyra, however, teaches a heatable container comprising:
a pair of handles (Fig 1, [0113], “flexible handles 13”), each of said pair of handles being attached to said storage case thereby facilitating said storage case to be carried (handles are necessarily capable of easing carrying).
The purpose of handles is to increase ease of carrying. 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 case of Pico with handles as taught by Rivadeneyra in order to advantageously increase ease of handling the case that otherwise has no handles.
(wherein Rivadeneyra teaches further related elements in light of dependent claim 4;
Fig 1, handles 13 are shown arch shaped with each of two ends attached to a perimeter wall;
Fig 1, 13 are shown directly opposite one another on lateral sides;
Fig 1, 13 lie in a horizontal plane;
Fig 1, [0108] [0111], 13 are shown closer to a top edge of case/container 7 than a bottom edge, since the height of 7 is defined “10-15 cm” giving the drawings proportion for the handles;
Fig 1, [0113], “flexible handles 13” necessarily means the handles are made of flexible material (e.g. “polyethylene”), and necessarily capable of enhancing comfort)
But Pico/Rivadeneyra does not explicitly teach a pouch.
Sampson, however, teaches a similar storage case comprising:
a pouch (Fig 1, 112) being attached to said storage case having said pouch being positioned inside of said storage case wherein said pouch is configured to store one or more objects (Fig 1, [0032], 112 is attached inside the case and capable of storing objects).
The purpose of a pouch is to store related items. 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 inside of Pico with a pouch as taught by Sampson in order to beneficially have a separate pouch to contain objects related to and used alongside the main interior contents, and to protect objects the user wishes to not be affected as much by the heating pad or the environment upon opening the lid.
(wherein Sampson teaches further related elements in light of dependent claim 6;
Fig 1, a coupled edge is connecting structure 118;
Figs 1 & 3A, an upper edge of 112 is top edge 115, shown perpendicularly oriented to 118;
Fig 1, [0029], “opening along 115” is shown curving away from a 104;
Fig 3A, 115 is shown aligned with the perimeter wall 104 top edge)
But Pico/Rivadeneyra/Sampson does not explicitly teach a particular heating element/material of the heating pad “turned on”.
Remke, however, discloses a heater container comprising:
said device includes a power cord (Fig 1, 11) being coupled to and extending away from said heating pad; said power cord is electrically coupled to said heating pad; and said power cord has a male plug being electrically coupled to a distal end of said power cord (Fig 1, 10) wherein said male plug is configured to be plugged into a power source comprising a female electrical outlet (male plug can plug into electrical power source female outlet and necessarily “turned on” to heat, Abstract).
The purpose of a power cord for turning on the heating material of the heating pad is to better maintain a temperature to help not degrade the contents. 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 heating material of Pico to be the heating element with power cord as taught by Remke in order to advantageously allow longer durations of sustaining a temperature (e.g. flat line when graphed over a time) over the heating material of Pico by being attached to a power source rather than unpowered sedentary material temperature attenuating to the environmental temperature (e.g. downward progressing line when graphed over the time).
Also, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination such that the heating material is electrically powerable as it is no more than a simple substitution of one heatable material for another that is known in the art for heating box contents and would only produce the predictable results of sufficient heating. MPEP 2143 I-B.
Examiner notes that the resultant combination yields the claimed invention via the heating element 12 of Remke (wherein col 1, lines 48-55, laminated heating element 12 of Fig 1 can be used alone, because “this aspect of this invention can be utilized in only one or up to all six surfaces of a cube shaped… transport container”) being the cited heating material of Pico in the compartment 149A of pad 150 of Pico with the cord of Remke. In other words, Remke defines Pico’s pad heating material which heats the upper surface of Pico’s pad.
Regarding claim 2, Pico further teaches said storage case has a perimeter wall which has a top edge and a bottom edge (Fig 1, a perimeter wall of 100 is 105,115,125,135, 110,120,130,140, 107,117,127,137, that share a top and a bottom perimeter edge); said storage case has a lid being disposed on said perimeter wall for opening or closing an interior space defined by said perimeter wall (Fig 5, a lid 400 is disposed on the perimeter wall, capable of opening and closing an interior space which is hollow 160); said lid has a perimeter edge which has a rear side being coupled to a rear side of said top edge of said perimeter wall (col 2, lines 62-63, a rear side of the lid is coupled to a rear side of the perimeter wall because all lid sides are coupled since the lid “provides a seal to retain contained foodstuffs within the hollow [160]”); said lid has a ridge extending downwardly from a bottom surface of said lid (Fig 5, a ridge is wall 405 shown extending downwardly from a lid bottom surface); said ridge is aligned with and extends around said perimeter edge of said lid (Fig 5, the ridge of the lid is aligned with and extends around the perimeter edge of the lid); and said ridge rests upon said top edge of said perimeter wall when said lid is positioned in a closed position (Fig 5, ridge rests on perimeter wall top edge, when closed because the lid seals).
But Pico does not explicitly teach a hinged lid with couplers.
Sampson, however, teaches a storage case comprising:
a lid being hingedly disposed on a perimeter wall for opening or closing an interior space defined by said perimeter wall (Fig 1, a lid is cover 106 for covering an interior space shown by securing to a perimeter wall of sidewalls 104), said lid having a perimeter edge which has a rear side being hingedly coupled to a rear side of said top edge of said perimeter wall (Fig 1, the lid is shown hinged at a rear perimeter edge to a rear of the perimeter wall top edge),
The purpose of a hinged lid is to keep the lid attached to prevent losing the lid, and lid couplers to prevent jostling from breaking the lid seal. 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 lid of Pico with a hinge and couplers as taught by Sampson in order to advantageously improve the lid seal by having a hinge and coupler to prevent breaking the seal by jostling.
(wherein Sampson teaches further related elements in light of dependent claim 3;
Fig 1, [0024], a first coupler of the case is one half of the whole “zipper”;
Fig 1, [0024], a second coupler on an outwardly facing surface of the lid is one half of the whole “zipper”;
Fig 1, left side, right side, front side;
the first coupler is shown extending along each of those sides;
the second coupler is shown extending along each of those sides;
[0024], “zipper” is releasably matable for closing and opening the lid)
Regarding claim 3, Pico/Rivadeneyra/Sampson/Remke further teaches said device includes a first coupler being attached to an outer surface of said perimeter wall of said storage case; said first coupler is aligned with said top edge of said perimeter wall (Sampson, Fig 1, [0024], a first coupler of the case is one half of the whole “zipper”); said first coupler extends along a first lateral side (Sampson, Fig 1, right side) and a second lateral side (Sampson, Fig 1, left side) and a front side (Sampson, Fig 1, front side) of said perimeter wall (Sampson, the first coupler is shown extending along each of those sides); said device includes a second coupler being attached to an outwardly facing surface of said ridge (Pico, Fig 5, lid ridge 405) on said bottom surface of said lid (Sampson, Fig 1, [0024], a second coupler on an outwardly facing surface of the lid is one half of the whole “zipper”); said second coupler extending around a first lateral side (Sampson, Fig 1, right side) and a second lateral side (Sampson, Fig 1, left side) and a front side (Sampson, Fig 1, front side)of said outwardly facing surface (Sampson, the second coupler is shown extending along each of those sides); and said second coupler is releasably matable to said first coupler when said lid is in said closed position for retaining said lid in said closed position (Sampson, [0024], “zipper” is releasably matable for closing and opening the lid). See details in the parent claim 2 rejection above, including the motivation for a person of ordinary skill in the art to modify.
Regarding claim 4, Pico/Rivadeneyra/Sampson/Remke further teaches said storage case has a perimeter wall (Pico, Fig 1, a perimeter wall of 100 is 105,115,125,135, 110,120,130,140, 107,117,127,137, that share a top and a bottom perimeter edge), said perimeter wall having an outer surface which has a first lateral side and a second lateral side (Pico, Fig 1, two lateral sides of the perimeter wall with outer surfaces are shown); each of said pair of handles (Rivadeneyra, Fig 1, [0113], “flexible handles 13”) has a first end and a second end; each of said first end and said second end of each of said pair of handles is attached to said outer surface of said perimeter wall of said storage case (of Pico) such that each of said pair of handles forms an arch on said perimeter wall (Rivadeneyra, Fig 1, 13 are shown arch shaped with each of two ends attached to a perimeter wall); each of said pair of handles is positioned on a respective one of said first lateral side and said second lateral side of said perimeter wall (Rivadeneyra, Fig 1, 13 are shown directly opposite one another on lateral sides); each of said pair of handles is oriented to lie on a horizontal plane (Rivadeneyra, Fig 1, 13 lie in a horizontal plane); and each of said pair of handles is positioned closer to a top edge of said perimeter wall than a bottom edge of said perimeter wall (Rivadeneyra, Fig 1, [0108] [0111], 13 are shown closer to a top edge of case/container 7 than a bottom edge, since the height of 7 is defined “10-15 cm” giving the drawings proportion for the handles). See details in the parent claim 1 rejection above, including the motivation for a person of ordinary skill in the art to modify.
Regarding claim 6, Pico/Rivadeneyra/Sampson/Remke further teaches said storage case has a perimeter wall which has a top edge (Pico, Fig 1, a perimeter wall of 100 is 105,115,125,135, 110,120,130,140, 107,117,127,137, that share a top and a bottom perimeter edge, and an outer surface); said pouch has a coupled edge which is coupled to an inside surface of said perimeter wall of said storage case (Sampson, Fig 1, a coupled edge is connecting structure 118); said pouch has an upper edge which is perpendicularly oriented with said coupled edge (Sampson, Figs 1 & 3A, an upper edge of 112 is top edge 115, shown perpendicularly oriented to 118); said upper edge curves away from said inside surface of said perimeter wall of said storage case such that said upper edge defines an opening into said pouch (Sampson, Fig 1, [0029], “opening along 115” is shown curving away from a 104); and said upper edge is aligned with said top edge of said perimeter wall of said storage case (Sampson, Fig 3A, 115 is shown aligned with the perimeter wall 104 top edge). See details in the parent claim 1 rejection above, including the motivation for a person of ordinary skill in the art to modify.
Regarding claim 7, Pico/Rivadeneyra/Sampson/Remke further teaches said device includes a power cord (Remke, Fig 1, 11) being coupled to and extending away from said heating pad; said power cord is electrically coupled to said heating pad; and said power cord has a male plug being electrically coupled to a distal end of said power cord (Remke, Fig 1, 10) wherein said male plug is configured to be plugged into a power source comprising a female electrical outlet (Remke, male plug can plug into electrical power source female outlet and necessarily “turned on”). See details in the parent claim 1 rejection above, including the motivation for a person of ordinary skill in the art to modify.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over US Pat 8464891 issued to Pico (hereinafter “Pico”) in view of US 20210007548 by Rivadeneyra et al. (hereinafter “Rivadeneyra”) in view of US Pub 20090052809 by Sampson (hereinafter “Sampson”) in view of US Pat 6222160 issued to Remke et al. (hereinafter “Remke”) in view of US Pub 20170042373 by Alexander et al. (hereinafter “Alexander”).
Regarding claim 5, Pico further teaches said storage case has a perimeter wall which has a bottom edge and an outer surface (Fig 1, a perimeter wall of 100 is 105,115,125,135, 110,120,130,140, 107,117,127,137, that share a top and a bottom perimeter edge, and an outer surface); and said upper surface of said heating pad which being attached to said bottom edge of said perimeter wall of said storage case (Fig 2, the heating pad is separate distinct bottom 150 with heating materials in its compartment 149A; wherein col 2, lines 32-34, the perimeter wall of the case is “attached to a bottom section 150” in which, col 3, lines 4-8, the compartment 149A in 150 contains “heating material”) such that an outer edge of said heating pad is aligned with said outer surface of said perimeter wall of said storage case (Fig 2, the outer surface of 150 is shown in a same line with an outermost surface of the perimeter wall).
But Pico does not explicitly teach a particular attachment for the heating pad.
Alexander, however, teaches a heated container comprising:
an upper surface (Fig 2, an upper surface of a heating pad 55 with 40 is surface 44 of part 40) being bonded to said bottom edge of a wall (Figs 2 & 3, [0180], 55 is in a water-proof compartment because of “adhesive” used to attach 40, wherein 40 is shown contacting a bottom edge of a wall with its upper surface 44, meaning the adhesive is necessarily applied in said contact, thereby making the upper surface bonded with the wall bottom edge)
The purpose of the attachment being bonded type is to enhance attachment. 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 attaching of the heating pad to the perimeter wall of Pico with being bonded (i.e. adhesively attached) as taught by Alexander in order to advantageously provide an enhanced water-proof seal against condensation/water that would negatively affect interior contents of the case.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over US Pat 8464891 issued to Pico (hereinafter “Pico”) in view of US Pub 20090052809 by Sampson (hereinafter “Sampson”) in view of US 20210007548 by Rivadeneyra et al. (hereinafter “Rivadeneyra”) in view of US Pub 20170042373 by Alexander et al. (hereinafter “Alexander”) in view of US Pat 6222160 issued to Remke et al. (hereinafter “Remke”).
Regarding claim 8, Pico teaches a heated storage case device (Title, hot container and lid, col 3, line 8, “heating material”) for inhibiting a garden hose from freezing during storage in cold temperatures (capable of heating meaning capable of inhibiting freeze of a stored garden hose), said device comprising:
a storage case (Fig 1, a storage case is container 100) being comprised of a thermally insulating material (since the container is made from a solid material, it necessarily has thermally insulative properties) wherein said storage case is configured to inhibit thermal communication between a garden hose stored within said storage case and ambient air (said solid material is necessarily capable of inhibiting thermal communication between stored contents and outside environment ambient air), said storage case having a perimeter wall which has a top edge and a bottom edge (Fig 1, a perimeter wall of 100 is 105,115,125,135, 110,120,130,140, 107,117,127,137, that share a top and a bottom perimeter edge), said storage case having a lid being disposed on said perimeter wall for opening or closing an interior space defined by said perimeter wall (Fig 5, a lid 400 is disposed on the perimeter wall, capable of opening and closing an interior space which is hollow 160), said lid having a perimeter edge which has a rear side being coupled to a rear side of said top edge of said perimeter wall (col 2, lines 62-63, a rear side of the lid is coupled to a rear side of the perimeter wall because all lid sides are coupled since the lid “provides a seal to retain contained foodstuffs within the hollow [160]”), said lid having a ridge extending downwardly from said bottom surface of said lid (Fig 5, a ridge is wall 405 shown extending downwardly from a lid bottom surface), said ridge being aligned with and extending around said perimeter edge of said lid (Fig 5, the ridge of the lid extends around the perimeter edge of the lid), said ridge resting upon said top edge of said perimeter wall when said lid is positioned in a closed position (Fig 5, ridge rests on perimeter wall top edge, when closed because the lid seals);
a heating pad (examiner notes “a heating pad” is necessarily multiple elements, comprising at least external padding/structure around/holding interior heating elements) being attached to said storage case (Fig 2, a heating pad is separate distinct bottom 150 with heating materials in its compartment 149A; wherein col 2, lines 32-34, the perimeter wall of the case is “attached to a bottom section 150” in which, col 3, lines 4-8, the compartment 149A in 150 contains “heating material”) such that said heating pad defines a floor of said storage case wherein said heating pad is configured to support the garden hose when the garden hose is positioned in said storage case and while the garden hose is resting directly on an upper surface of said heating pad (Fig 2, the heating pad is the floor of the case, providing an “upper surface 145 of bottom 150” that is shown capable of directly supporting a garden hose), said heating pad producing heat when said heating pad is on (col 1, lines 59-62, heating is inserted into the compartment [149A] to “warm” (i.e. to heat), thereby showing activation which is equivalent broadly to heating being “on”) wherein said heating pad is configured to heat the garden hose thereby inhibiting the garden hose from freezing during cold temperatures (heat generated is necessarily capable of transferring sufficient heat to the supported garden hose), said heating pad having an upper surface (Fig 2, 145 with a perimeter portion of 150 that is directly underneath the perimeter wall 125,130) being attached to said bottom edge of said perimeter wall of said storage case (col 2, line 33, the perimeter wall (being the inner and outer walls disclosed) is “attached to a bottom section 150” (meaning 150 is a separate and distinct element)) such that an outer edge of said heating pad is aligned with said outer surface of said perimeter wall of said storage case (Fig 2, an outermost edge/surface of 150 is shown in a same line with an outermost surface of the perimeter wall);
But Pico does not explicitly teach a hinged lid with couplers, and a pouch.
Sampson, however, teaches a storage case comprising:
a lid being hingedly disposed on a perimeter wall for opening or closing an interior space defined by said perimeter wall (Fig 1, a lid is cover 106 for covering an interior space shown by securing to a perimeter wall of sidewalls 104), said lid having a perimeter edge which has a rear side being hingedly coupled to a rear side of said top edge of said perimeter wall (Fig 1, the lid is shown hinged at a rear perimeter edge to a rear of the perimeter wall top edge),
a first coupler being attached to an outer surface of said perimeter wall of said storage case, said first coupler being aligned with said top edge of said perimeter wall (Fig 1, [0024], a first coupler of the case is one half of the whole “zipper”), said first coupler extending along a first lateral side (Fig 1, right side) and a second lateral side (Fig 1, left side) and a front side (Fig 1, front side) of said perimeter wall (the first coupler is shown extending along each of those sides);
a second coupler being attached to an outwardly facing surface of said lid (Fig 1, [0024], a second coupler on an outwardly facing surface of the lid is one half of the whole “zipper”), said second coupler extending around a first lateral side (Fig 1, right side) and a second lateral side (Fig 1, left side) and a front side (Fig 1, front side) of said outwardly facing surface (the second coupler is shown extending along each of those sides), said second coupler being releasably matable to said first coupler when said lid is in said closed position for retaining said lid in said closed position ([0024], “zipper” is releasably matable for closing and opening the lid);
a pouch (Fig 1, 112) being attached to said storage case having said pouch being positioned inside of said storage case wherein said pouch is configured to store one or more objects (Fig 1, [0032], 112 is attached inside the case and capable of storing objects), said pouch having a coupled edge being coupled to an inside surface of said perimeter wall of said storage case (Fig 1, a coupled edge is connecting structure 118), said pouch having an upper edge being perpendicularly oriented with said coupled edge (Figs 1 & 3A, an upper edge of 112 is top edge 115, shown perpendicularly oriented to 118), said upper edge curving away from said inside surface of said perimeter wall of said storage case such that said upper edge defines an opening into said pouch (Fig 1, [0029], “opening along 115” is shown curving away from a 104), said upper edge being aligned with said top edge of said perimeter wall of said storage case (Fig 3A, 115 is shown aligned with the perimeter wall 104 top edge);
The purpose of a hinged lid is to keep the lid attached to prevent losing the lid, and lid couplers to prevent jostling from breaking the lid seal, and the purpose of a pouch is to store related items. 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 lid and inside of Pico with a hinge and couplers and a pouch as taught by Sampson in order to advantageously improve the lid seal by having a hinge and coupler to prevent breaking the seal by jostling, and beneficially have a separate pouch to contain objects related to the main interior contents the user wishes to not be affected as much by the heating pad or the environment upon opening the lid.
But Pico/Sampson does not explicitly teach handles.
Rivadeneyra, however, teaches a heatable container comprising:
a pair of handles (Fig 1, [0113], “flexible handles 13”), each of said pair of handles being attached to said storage case thereby facilitating said storage case to be carried (handles are necessarily capable of easing carrying), each of said pair of handles having a first end and a second end, each of said first end and said second end of each of said pair of handles being attached to said outer surface of said perimeter wall of said storage case such that each of said pair of handles forms an arch on said perimeter wall (Fig 1, 13 are shown arch shaped with each of two ends attached to a perimeter wall), each of said pair of handles being positioned on a respective one of said first lateral side and said second lateral side of said perimeter wall (Fig 1, 13 are shown directly opposite one another on lateral sides), each of said pair of handles being oriented to lie on a horizontal plane (Fig 1, 13 lie in a horizontal plane), each of said pair of handles being positioned closer to said top edge of said perimeter wall than a bottom edge of said perimeter wall (Fig 1, [0108] [0111], 13 are shown closer to a top edge of case/container 7 than a bottom edge, since the height of 7 is defined “10-15 cm” giving the drawings scale for the handles), each of said pair of handles being comprised of a flexible material wherein each of said pair of handles is configured to enhance comfort when gripping said pair of handles (Fig 1, [0113], “flexible handles 13” necessarily means the handles are made of flexible material (e.g. “polyethylene”), and necessarily capable of enhancing comfort);
The purpose of handles is to increase ease of carrying. 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 case of Pico/Sampson with handles as taught by Rivadeneyra in order to advantageously increase ease of handling the case that otherwise has no handles.
But Pico/Sampson/Rivadeneyra does not explicitly teach a particular attaching of the heating pad.
Alexander, however, teaches a heated container comprising:
an upper surface (Fig 2, an upper surface of a heating pad 55 with 40 is surface 44 of part 40) being bonded to said bottom edge of a wall (Figs 2 & 3, [0180], 55 is in a water-proof compartment because of “adhesive” used to attach 40, wherein 40 is shown contacting a bottom edge of a wall with its upper surface 44, meaning the adhesive is necessarily applied in said contact, thereby making the upper surface bonded with the wall bottom edge)
The purpose of the attachment being bonded type is to enhance attachment. 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 attaching of the heating pad to the perimeter wall of Pico with being bonded (i.e. adhesively attached) as taught by Alexander in order to advantageously provide an enhanced water-proof seal against condensation/water that would negatively affect interior contents of the case.
But Pico/Sampson/Rivadeneyra/Alexander does not explicitly teach a particular heating element/material of the heating pad “turned on”.
Remke, however, teaches a heater container comprising:
a power cord (Fig 1, 11) being coupled to and extending away from said heating pad, said power cord being electrically coupled to said heating pad, said power cord having a male plug being electrically coupled to a distal end of said power cord (Fig 1, 10) wherein said male plug is configured to be plugged into a power source comprising a female electrical outlet (male plug can plug into electrical power source female outlet and necessarily “turned on” to heat, Abstract).
The purpose of a power cord for turning on the heating material of the heating pad is to better maintain a temperature to help not degrade the contents. 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 heating material of Pico to be the heating element with power cord as taught by Remke in order to advantageously allow longer durations of sustaining a temperature (e.g. flat line when graphed over a time) over the heating material of Pico by being attached to a power source rather than unpowered sedentary material temperature attenuating to the environmental temperature (e.g. downward progressing line when graphed over the time).
Also, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination such that the heating material is electrically powerable as it is no more than a simple substitution of one heatable material for another that is known in the art for heating box contents and would only produce the predictable results of sufficient heating. MPEP 2143 I-B.
Examiner notes that the resultant combination yields the claimed invention via including the heating element 12 of Remke (wherein col 1, lines 48-55, laminated heating element 12 of Fig 1 can be used alone, because “this aspect of this invention can be utilized in only one or up to all six surfaces of a cube shaped… transport container”) being the cited heating material of Pico in the compartment 149A of pad 150 of Pico with the cord of Remke. In other words, Remke defines Pico’s pad heating material which heats the upper surface of Pico’s pad.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC C BALDRIGHI whose telephone number is (571)272-4948. The examiner can normally be reached M-F 7:30-5:00 EST.
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/ERIC C BALDRIGHI/Examiner, Art Unit 3733