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 .
This Office Action is in response to the applicant’s filing on 06/26/2024.
Claims 1-10 are pending and examined below.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/26/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-8 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 pre-AIA the applicant regards as the invention.
Regarding claim 1, the phrase “the phrase transition temperature is a temperature at which heat absorption is first generated in DSC” renders claim 1 vague and indefinite because it is unclear how the resin has a particular heat absorption point. Materials lose or absorb heat at all temperatures. Ice can lose or absorb heat at temperature below 0ºC and water can lose or absorb heat at temperature above 0ºC. It is unclear how resin has a heat absorption point. For examining purposes, prior art that discloses a temperature at which the resin experience physical change is interpreted to disclose the claimed phase transition temperature.
Claims 3-8 are dependent of claim 1 and include all the same limitations.
Regarding claim 2, the phrase “the phrase transition temperature is a temperature lower by 15ºC than a temperature of a DDSC” renders claim 2 vague and indefinite because it is unclear what temperature is being referred to. DDSC is understood as dynamic differential scanning calorimetry. It is unclear what temperature of a dynamic differential scanning calorimetry is being referred. For examining purposes, prior art that discloses a temperature 15ºC less than the temperature at which the resin experience physical change is interpreted to disclose the claimed phase transition temperature.
Claim Rejections - 35 USC § 103
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 1-6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over reference Myodo et al. (2022/0144531) modified by reference Mikes (4,579,499), Jones et al. (10,383,901), and Tamura et al. (10,514,624).
Regarding claim 1, Myodo et al. disclose a method comprising the steps of:
receiving a filled container (10) obtained by filling a predetermined container (1) with a resin composition;
cooling the resin composition in the filled container (1) to a phrase transition temperature;
storing the resin composition cooled to the phrase transition temperature in a cooling box at a temperature equal to or lower than the phase transition temperature; and
thawing the resin composition.
(Figure 1 and Page 1 paragraph 7, Page 5 paragraph 32, 33)
However, Myodo et al. do not disclose the step of inputting the number of filled containers to a computer, the step of thawing before shipping, and the step of shipping the filled container filled with the resin composition thawed to the conveyance temperature.
Mikes disclose a method comprising the step of inputting the number of containers to a computer (40). (Column 5 lines 43-53)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the method of Myodo et al. by incorporating the step of inputting as taught by Mikes, since column 1 lines 59-64 of Mikes states such a modification would allow for removal of the containers by an automatically controlled device.
Jones et al. disclose a method comprising the steps of: cooling a container to a phase transition temperature; receiving an order from a customer; thawing the container to a conveyance temperature; and shipping the thawed container to the customer. (Column 22 lines 35-50)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the method of Myodo et al. by incorporating the receiving, thawing, and shipping steps as taught by Jones et al., since column 29 lines 37-45 of Jones et al. states such a modification would allow for long storage life prior to shipping.
Tamura et al. disclose the temperature raising rate and the cooling rate of resin is 10ºC/min from -200ºC by differential scanning calorimetry. (Column 3 lines 17-23, Column 7 lines 30-36)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the method of Myodo et al. by incorporating the temperature raising rate and the cooling rate as taught by Tamura et al., since column 3 lines 11-16 of Tamura et al. states such a modification would allow for satisfactory storability.
Regarding claim 2, Myodo et al. disclose a method comprising the steps of:
receiving a filled container (10) obtained by filling a predetermined container (1) with a resin composition;
cooling the resin composition in the filled container (1) to a phrase transition temperature,
wherein the phase transition temperature is 15ºC less than a temperature of DDSC local maximum;
storing the resin composition cooled to the phrase transition temperature in a cooling box at a temperature equal to or lower than the phase transition temperature; and
thawing the resin composition.
(Figure 1 and Page 1 paragraph 7, Page 5 paragraph 32, 33)
However, Myodo et al. do not disclose the step of inputting the number of filled containers to a computer, the step of thawing before shipping, and the step of shipping the filled container filled with the resin composition thawed to the conveyance temperature.
Mikes disclose a method comprising the step of inputting the number of containers to a computer (40). (Column 5 lines 43-53)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the method of Myodo et al. by incorporating the step of inputting as taught by Mikes, since column 1 lines 59-64 of Mikes states such a modification would allow for removal of the containers by an automatically controlled device.
Jones et al. disclose a method comprising the steps of: cooling a container to a phase transition temperature; receiving an order from a customer; thawing the container to a conveyance temperature; and shipping the thawed container to the customer. (Column 22 lines 35-50)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the method of Myodo et al. by incorporating the receiving, thawing, and shipping steps as taught by Jones et al., since column 29 lines 37-45 of Jones et al. states such a modification would allow for long storage life prior to shipping.
Tamura et al. disclose the temperature raising rate and the cooling rate of resin is 10ºC/min from -200ºC by differential scanning calorimetry. (Column 3 lines 17-23, Column 7 lines 30-36)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the method of Myodo et al. by incorporating the temperature raising rate and the cooling rate as taught by Tamura et al., since column 3 lines 11-16 of Tamura et al. states such a modification would allow for satisfactory storability.
Regarding claim 3, Myodo et al. modified by Mikes, Jones et al., and Tamura et al. disclose the cooling rate is a rate at which the inside of a chamber in the thermostatic chamber is cooled at a cooling rate of 10ºC/min or more. (Tamura et al. – Column 7 lines 30-36)
Regarding claim 4, Myodo et al. modified by Mikes, Jones et al., and Tamura et al. disclose the cooling rate is a rate at which a resin temperature of the resin composition is reduced at a cooling rate of 2ºC/min or more. (Tamura et al. – Column 7 lines 30-36)
Regarding claim 5, Myodo et al. modified by Mikes, Jones et al., and Tamura et al. disclose the phase transition temperature is -5ºC/min or lower. (Page 5 paragraph 33)
Regarding claim 6, Myodo et al. modified by Mikes, Jones et al., and Tamura et al. disclose the resin composition contains a curable resin. (Myodo et al. – Page 3 paragraph 17, 21)
Regarding claim 8, Myodo et al. modified by Mikes, Jones et al., and Tamura et al. disclose the resin composition stored for at least one year exists in the cooling box. (Jones et al. – Column 29 lines 37-45)
Claims 7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over reference Myodo et al. (2022/0144531) modified by reference Mikes (4,579,499), Jones et al. (10,383,901), and Tamura et al. (10,514,624) as applied to claim 1 above, and further in view of reference Hasegawa et al. (2021/0262280).
Regarding claim 7, Myodo et al. modified by Mikes, Jones et al., and Tamura et al. disclose the claimed invention as stated above but do not disclose the thermostatic chamber is heated at a temperature raising rate of 1ºC/min or lower.
Hasegawa et al. disclose the temperature raising rate of resin is less than 2ºC/min. (Page 4 paragraph 70)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the method of Tamura et al. by incorporating the temperature raising rate less than 2ºC/min as taught by Hasegawa et al., since page 4 paragraph 69 of Hasegawa et al. state such a modification would prevent deterioration of the resin.
Regarding claim 9, Myodo et al. disclose a method comprising the steps of:
receiving a filled container (10) obtained by filling a predetermined container (1) with a resin composition;
cooling the resin composition in the filled container (1) to a temperature of -5ºC/min or lower;
storing the resin composition cooled to the phrase transition temperature in a cooling box at a temperature equal to or lower than the phase transition temperature; and
thawing the resin composition.
(Figure 1 and Page 1 paragraph 7, Page 5 paragraph 32, 33)
However, Myodo et al. do not disclose the step of inputting the number of filled containers to a computer, the step of thawing before shipping, and the step of shipping the filled container filled with the resin composition thawed to the conveyance temperature.
Mikes disclose a method comprising the step of inputting the number of containers to a computer (40). (Column 5 lines 43-53)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the method of Myodo et al. by incorporating the step of inputting as taught by Mikes, since column 1 lines 59-64 of Mikes states such a modification would allow for removal of the containers by an automatically controlled device.
Jones et al. disclose a method comprising the steps of: cooling a container to a phase transition temperature; receiving an order from a customer; thawing the container to a conveyance temperature; and shipping the thawed container to the customer. (Column 22 lines 35-50)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the method of Myodo et al. by incorporating the receiving, thawing, and shipping steps as taught by Jones et al., since column 29 lines 37-45 of Jones et al. states such a modification would allow for long storage life prior to shipping.
Tamura et al. disclose the temperature cooling rate of resin is 10ºC/min from -200ºC by differential scanning calorimetry. (Column 3 lines 17-23, Column 7 lines 30-36)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the method of Myodo et al. by incorporating the temperature raising rate and the cooling rate as taught by Tamura et al., since column 3 lines 11-16 of Tamura et al. states such a modification would allow for satisfactory storability.
Hasegawa et al. disclose the temperature raising rate of resin is less than 2ºC/min. (Page 4 paragraph 70)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the method of Tamura et al. by incorporating the temperature raising rate less than 2ºC/min as taught by Hasegawa et al., since page 4 paragraph 69 of Hasegawa et al. state such a modification would prevent deterioration of the resin.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over reference Myodo et al. (2022/0144531) modified by reference Tamura et al. (10,514,624) and Hasegawa et al. (2021/0262280).
Regarding claim 10, Myodo et al. disclose a method comprising the steps of:
receiving a filled container (10) obtained by filling a predetermined container (1) with a resin composition;
cooling the resin composition in the filled container (1) to a temperature of -5ºC/min or lower;
storing the resin composition cooled to the phrase transition temperature in a cooling box at a temperature equal to or lower than the phase transition temperature; and
thawing the resin composition.
(Figure 1 and Page 1 paragraph 7, Page 5 paragraph 32, 33)
However, Myodo et al. do not disclose the cooling and thawing at a particular temperature rate.
Tamura et al. disclose the temperature cooling rate of resin is 10ºC/min from -200ºC by differential scanning calorimetry. (Column 3 lines 17-23, Column 7 lines 30-36)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the method of Myodo et al. by incorporating the temperature raising rate and the cooling rate as taught by Tamura et al., since column 3 lines 11-16 of Tamura et al. states such a modification would allow for satisfactory storability.
Hasegawa et al. disclose the temperature raising rate of resin is less than 2ºC/min. (Page 4 paragraph 70)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the method of Tamura et al. by incorporating the temperature raising rate less than 2ºC/min as taught by Hasegawa et al., since page 4 paragraph 69 of Hasegawa et al. state such a modification would prevent deterioration of the resin.
Conclusion
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/PATRICK B FRY/Examiner, Art Unit 3731 August 21, 2025
/THANH K TRUONG/Supervisory Patent Examiner, Art Unit 3731