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 .
Status
This Office Action is in response to the remarks and amendments filed on 03/23/2026.
The drawing objection, 35 U.S.C. 112f claim interpretation and 35 U.S.C. 112b rejection are withdrawn. Claims 1-4, 6, 8-10, 13-14, 16-17 and 19-26 remain pending for consideration on the merits.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “the body having a shape with a length, a width and a depth, the body having a shape and dimensions so that the body extends across a payload chamber of the portable cooler container, the length and the width both being greater than the depth of the body” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION. —The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-4, 6, 8-10, 13-14, 16-17 and 19-22 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1 and 10 recite “the body having a shape with a length, a width and a depth, the body having a shape and dimensions so that the body extends across the payload chamber, the length and the width both being greater than the depth of the body”. However, it is unclear what the metes and bounds of the claim are. It is unclear to the Examiner where does the body have a length, width and depth along with a shape that extends across the payload chamber with the length and body being greater than the depth of the body, as it is difficult to understand the scope of the invention without a proper illustration. Therefore, as best understood, if the prior art comprises the claimed structure, it will be presumed that the system can operate as intended.
Claims 2-4, 6, 8-9, 13-14, 16-17 and 19-22 are rejected based on dependency from a rejected claim.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Fefferman et al (US 20200190379 A1, hereinafter Fefferman) in view of Bloedow et al (US 20140352329 A1, hereinafter Bloedow).
Regarding claim 1, Fefferman teaches a heating (abstract) or cooling module for use with a portable cooler container (apparatus 100), comprising: a body (capsule 110) of heat regulating material (pcm 122), the body configured to be removably disposed (during manufacturing in steps 705-725, figure 7) in a payload chamber (within container 102, figure 1c) of the portable cooler container proximate a payload of temperature sensitive or perishable goods (proximate to edible item 104, figure 1c); the body (body of capsule 110, figure 1b) having a shape with a length (length, figure 1b), a width (width, figure 1b) and a depth (depth, figure 1c), the body having a shape and dimensions (figures 1b/1c) so that the body extends across a payload chamber (extending within container 102, figure 1c) of the portable cooler container (apparatus 100), the length and the width both being greater than the depth of the body (length and width of capsule 110 is larger than the depth of capsule 100, as shown on figures 1b/1c).
Fefferman teaches the invention as described above but fail to teach and electronics attached to the body, the electronics comprising a controller and one or more of a memory, a GPS sensor, one or more parameter sensors, one or more visual indicators, one or more power storage elements and a wireless communication system.
However, Bloedow teaches electronics (electronics unit 335) attached to the body (via insulation unit 370, figure 9), the electronics comprising a controller (microcontroller, paragraph 0072) and one or more of a memory (memory, paragraph 0128), a GPS sensor (GPS device, paragraph 0050), one or more parameter sensors (temperature sensor, paragraph 0072), one or more visual indicators (visual display 800, paragraph 0121), one or more power storage elements (power source attached to the microcontroller, paragraph 0027) and a wireless communication system (wireless communication link, paragraph 0147).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the module of Fefferman to include and electronics attached to the body, the electronics comprising a controller and one or more of a memory, a GPS sensor, one or more parameter sensors, one or more visual indicators, one or more power storage elements and a wireless communication system in view of the teachings of Bloedow in order to yield the predictable result of regulating the cooling devices.
Further, it is understood, claim 1 includes an intended use recitation, for example “…configured to...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Regarding claim 2, the combined teachings teach wherein the electronics (electronics unit 335 of Bloedow) are in a module (figure 9 of Bloedow) configured to be detached from the body (as described in paragraph 0071 of Bloedow).
Further, it is understood, claim 2 includes an intended use recitation, for example “…configured to...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Regarding claim 3 and 13, the combined teachings teach wherein the heat regulating material (phase change material, paragraph 0075 of Bloedow) is a phase change material (phase change material, paragraph 0075 of Bloedow).
Claims 4, 6, 14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Fefferman as modified by Bloedow, as applied in claim 1 above, and in further view of Byers et al (US 20190281725 A1, hereinafter Byers).
Regarding claims 4 and 14, the combined teachings teach the invention as described above but fail to teach further comprising one or more electrical contacts on a surface of the heating or cooling module via which power is supplied to the electronics and via which data from the electronics is downloaded.
However, Byers teaches further comprising one or more electrical contacts (contacts connected to central network device 10, as shown on figure 1) on a surface of the heating or cooling module (providing cooling from a central network device 10, paragraph 0025) via which power (via PSU 15, figure 1) is supplied to the electronics (network interface (e.g., fabric, line cards) 16, paragraph 0029) and via which data from the electronics can be downloaded (central hub 10 provides control logic for the cooling loop, as well as the power and data transport functions of the combined cable 14, paragraph 0030).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the module of the combined teachings to include one or more electrical contacts on a surface of the heating or cooling module via which power is supplied to the electronics and via which data from the electronics can be downloaded in view of the teachings of Byers in order to yield the predictable result of delivering power, data, and cooling.
Regarding claims 6 and 16, the combined teachings teach wherein electronics (network device 30, figure 3 of Byers) comprise an inductive power receiver (interface 36, figure 3 of Byers) in electrical communication with the controller (in communication with control system 33, as shown on figure 3 of Byers) and configured to wirelessly receive power (receiving power, paragraph 0068 of Byers).
Further, it is understood, claim 6 includes an intended use recitation, for example “…configured to...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Fefferman as modified by Bloedow, as applied in claim 1 above, and in further view of Pherson et al (US 20230050746 A1, hereinafter Pherson).
Regarding claim 8, the combined teachings teach the invention as described above but fail to teach wherein the heating or cooling module comprises a handle defined by an opening in the body and configured to at least partially receive a user's hand to allow the heating or cooling module to be hand carried by the user.
However, Pherson teaches wherein the heating or cooling module (pack 12) comprises a handle (portion 28b) defined by an opening in the body (figure 2a) and configured to at least partially receive a user's hand to allow the heating or cooling module to be hand carried by the user (as described in paragraph 0033).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the module of the combined teachings to include wherein the heating or cooling module comprises a handle defined by an opening in the body and configured to at least partially receive a user's hand to allow the heating or cooling module to be hand carried by the user in view of the teachings of Pherson in order to yield the predictable result of defining a handle or other engagement portion that can be engaged by a user to load or remove the packs.
Further, it is understood, claim 8 includes an intended use recitation, for example “…configured to...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Claims 9 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Fefferman as modified by Bloedow, as applied in claim 1 above, and in further view of Temple (US 20200393173 A1, hereinafter Temple).
Regarding claims 9 and 22, the combined teachings teach the invention as described above but fail to teach wherein the heating or cooling module includes one or more pathways through the body of heat regulating material that connect with a pair of connectors attached to the heating or cooling module, the one or more pathways configured to allow flow of a temperature conditioned fluid therethrough to condition or charge the heat regulating material.
However, Temple teaches wherein the heating or cooling module (heat exchanger 2) includes one or more pathways (figure 4) through the body of heat regulating material (TES comprising PCM materials, paragraph 0042) that connect with a pair of connectors (T2/T3, figure 4) attached to the heating or cooling module (via valve 31, figure 4), the one or more pathways (figure 4) configured to allow flow of a temperature conditioned fluid (temperature of refrigerant via T2/T3, paragraph 0228) therethrough to condition or charge the heat regulating material (as described in abstract).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the module of the combined teachings to include wherein the heating or cooling module includes one or more pathways through the body of heat regulating material that connect with a pair of connectors attached to the heating or cooling module, the one or more pathways configured to allow flow of a temperature conditioned fluid therethrough to condition or charge the heat regulating material in view of the teachings of Temple in order to yield the predictable result of exchanging and transfer of heat energy into and/or out of a TES for the use of using the relative cool of night to cool an enclosed space.
Further, it is understood, claim 9 includes an intended use recitation, for example “…configured to...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Claims 10 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Fefferman et al (US 20200190379 A1, hereinafter Fefferman) in view of Alexander (US 20200189826 A1, hereinafter Alexander) and Bloedow et al (US 20140352329 A1, hereinafter Bloedow).
Regarding claim 10, Fefferman teaches a heating (abstract) or cooling module for use with a portable cooler container (apparatus 100), comprising: a body (capsule 110) of heat regulating material (pcm 122), the body configured to be removably disposed (during manufacturing in steps 705-725, figure 7) in a payload chamber (within container 102, figure 1c) of the portable cooler container proximate a payload of temperature sensitive or perishable goods (proximate to edible item 104, figure 1c); the body (body of capsule 110, figure 1b) having a shape with a length (length, figure 1b), a width (width, figure 1b) and a depth (depth, figure 1c), the body having a shape and dimensions (figures 1b/1c) so that the body extends across a payload chamber (extending within container 102, figure 1c) of the portable cooler container (apparatus 100), the length and the width both being greater than the depth of the body (length and width of capsule 110 is larger than the depth of capsule 100, as shown on figures 1b/1c).
Fefferman teaches the invention as described above but fail to teach a lid configured to close the payload chamber of the vessel, the lid being movable relative to the vessel to access the payload chamber.
However, Alexander teaches a lid (lid 19) configured to close the payload chamber of the vessel (paragraph 0023), the lid being movable relative to the vessel to access the payload chamber (paragraph 0023).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the module of Fefferman to include a lid configured to close the payload chamber of the vessel, the lid being movable relative to the vessel to access the payload chamber in view of the teachings of Alexander in order to yield the predictable result of that any food or other contents stored in the cavity may be protected and temperature-controlled.
The combined teachings teach the invention as described above but fail to teach and electronics attached to the body, the electronics comprising a controller and one or more of a memory, a GPS sensor, one or more parameter sensors, one or more visual indicators, one or more power storage elements and a wireless communication system.
However, Bloedow teaches electronics (electronics unit 335) attached to the body (via insulation unit 370, figure 9), the electronics comprising a controller (microcontroller, paragraph 0072) and one or more of a memory (memory, paragraph 0128), a GPS sensor (GPS device, paragraph 0050), one or more parameter sensors (temperature sensor, paragraph 0072), one or more visual indicators (visual display 800, paragraph 0121), one or more power storage elements (power source attached to the microcontroller, paragraph 0027) and a wireless communication system (wireless communication link, paragraph 0147).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the module of the combined teachings to include and electronics attached to the body, the electronics comprising a controller and one or more of a memory, a GPS sensor, one or more parameter sensors, one or more visual indicators, one or more power storage elements and a wireless communication system in view of the teachings of Bloedow in order to yield the predictable result of regulating the cooling devices.
Further, it is understood, claim 10 includes an intended use recitation, for example “…configured to...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Regarding claim 17, the combined teachings teach wherein the wireless communication system (wireless communication link, paragraph 0147 of Bloedow) includes one or more of a wireless transmitter (a wireless communication link (e.g., transmitter, receiver, transmission logic, reception logic, etc.), etc.), paragraph 0147 of Bloedow), a wireless receiver (paragraph 0147 of Bloedow), a transceiver and a radio antenna.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Fefferman as modified by Alexander and Bloedow, as applied to claim 10 above, and in further view of Miller (US 20210221581 A1, hereinafter Miller).
Regarding claim 19, the combined teachings teach the invention as described above but fail to teach wherein the vessel comprises a step or ledge configured to support the heating or cooling module over the payload.
However, Miller teaches wherein the vessel (container 10, paragraph 0016) comprises a step or ledge (interior walls 24, figure 4) configured to support the heating or cooling module (thermal mass 20) over the payload (as shown on figures 1-3).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the module of Bloedow to include wherein the vessel comprises a step or ledge configured to support the heating or cooling module over the payload in view of the teachings of Miller in order to yield the predictable result of preferably helping to maintain the internal environment of the container assembly.
Further, it is understood, claim 19 includes an intended use recitation, for example “…configured to...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Fefferman as modified by Alexander and Bloedow, as applied to claim 10 above, and in further view of Seidler (US 10882661 B1, hereinafter Seidler).
Regarding claim 20, the combined teachings teach the invention as described above but fail to teach wherein the lid and a bottom portion of the vessel have one or more magnets or magnetic material, allowing for magnetic coupling of multiple portable cooler containers when stacked.
However, Seidler teaches wherein the lid (container cover 201) and a bottom portion of the vessel (bottom portion of container 101, figure 17) have one or more magnets or magnetic material (magnets within the containers, col 10 line 39), allowing for magnetic coupling of multiple portable cooler containers when stacked (as shown on figure 17).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the module of Bloedow to include wherein the lid and a bottom portion of the vessel have one or more magnets or magnetic material, allowing for magnetic coupling of multiple portable cooler containers when stacked in view of the teachings of Miller in order to yield the predictable result of a container cover engaging with the magnets within the containers.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Fefferman as modified by Alexander and Bloedow, as applied to claim 10 above, and in further view of Boynton et al (US 20110315566 A1, hereinafter Boynton).
Regarding claim 21, the combined teachings teach the invention as described above but fail to teach wherein one of the lid and a bottom portion of the vessel has one or more recesses and the other of the lid and the bottom portion of the vessel has one or more protrusions, allowing for coupling of multiple portable cooler containers when stacked.
However, Boynton teaches wherein one of the lid (cover 104) and a bottom portion of the vessel (bottom portion of container 100, figure 1) has one or more recesses (recess 112) and the other of the lid (cover 104) and the bottom portion of the vessel has one or more protrusions (raised area 106), allowing for coupling of multiple portable cooler containers when stacked (to accommodate the stacking of a faceplate onto the raised area 106 prior to stacking one container on top of another, paragraph 0063).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the module of Bloedow to include wherein one of the lid and a bottom portion of the vessel has one or more recesses and the other of the lid and the bottom portion of the vessel has one or more protrusions, allowing for coupling of multiple portable cooler containers when stacked in view of the teachings of Boynton in order to yield the predictable result of stacking one container on top of another.
Allowable Subject Matter
Claims 23-26 are allowed.
The following is an examiner's statement of reasons for allowance:
Regarding claim 23, the subject matter which is considered to distinguish from the closest prior art of record, Broussard (US 20040226309 A1). The prior art of record when considered as a whole, alone, or in combination, neither anticipates nor renders obvious " A charging unit for multiple heating or cooling modules that can be used with a portable cooler container, the charging unit comprising: a body comprising a plurality of slots, each of the slots configured to removably receive a heating or cooling module therein; and electronics comprising a controller, a power source operable to transmit power to the plurality of slots to transmit power to the heating or cooling modules when disposed in the slots, a temperature conditioning module operable to circulate heated or cooled fluid to charge a thermally conductive material of the heating or cooling modules when disposed in the slots, and a data communication module operable to download data or information from the heating or cooling modules when disposed in the slots". The closest prior art, Broussard teaches a portable, temperature-controlled container for storing and transporting temperature-sensitive materials. The portable, temperature-controlled container includes a container having a bottom wall, four sides walls, and a top wall defining a cargo space. The container includes a temperature regulating unit connected to the container. The temperature regulating unit comprising a refrigeration unit. The temperature regulating unit being in communication with the cargo space of the container.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARIO DELEON whose telephone number is (571)272-8687. The examiner can normally be reached Monday-Friday 9:00am-5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerry Daryl Fletcher can be reached at 571-270-5054. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DARIO ANTONIO DELEON/Examiner, Art Unit 3763
/JERRY-DARYL FLETCHER/Supervisory Patent Examiner, Art Unit 3763
Prosecution Insights