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 .
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 11 and 15-19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Burt (US PgPub #2018/0251241).
For Claim 11, the figures of Burt ‘241 disclose a method of transporting temperature-sensitive goods in a micro-gravity environment for micro-gravity research, the method comprising: placing the temperature-sensitive goods (56) in a vessel of a temperature-controlled device (10) under normal gravity conditions, wherein the temperature-controlled device is configured to maintain the vessel at a predetermined temperature; loading the temperature controlled device into a space capsule; and transporting the temperature-sensitive goods to a micro-gravity environment using the space capsule, wherein the temperature-controlled device is battery (52) powered for a majority of a time spent transporting in the space capsule.
For Claims 15-16, Burt ‘241 discloses that the battery is rechargeable so as to power the system as long as desired.
For Claim 17, the figures of Burt ‘241 disclose storing the temperature-sensitive goods in the temperature controlled device in the micro-gravity environment after the transporting is complete.
For Claim 18, the figures of Burt ‘241 disclose performing experiments using the temperature sensitive good in the micro-gravity environment after the transporting is complete.
For Claim 19, paragraph [0034] of Burt ‘241 discloses that the predetermined temperature is a room temperature between 15-30 deg C.
For Claim 20, the figures of Burt ‘241 disclose a temperature-controlled transport and storage device for temperature-sensitive goods in a micro-gravity environment for micro-gravity research applications, the device comprising: a housing (10); a vessel (56) disposed within the housing and configured to contain the temperature sensitive goods; one or more heating elements (36) disposed within the housing and coupled to the vessel; a controller (54) disposed within the housing and configured to operate the one or more heating elements to maintain the vessel at a predetermined temperature while the temperature-controlled device is in a micro-gravity environment; and a plurality of batteries (52) configured to power the controller and the heating elements for a majority of a time while the temperature-controlled device is being transported from a normal gravity environment to a space station in the micro-gravity environment.
For Claim 21, the figures of Burt ‘241 disclose that the housing comprises a first and second section, wherein the vessel and the heating elements are disposed in the first section, and wherein the controller and the plurality of batteries are disposed in the second section.
For Claims 22-23, Burt ‘241 discloses that the battery is rechargeable so as to power the system as long as desired.
For Claim 24, paragraph [0034] of Burt ‘241 discloses that the predetermined temperature is a room temperature between 15-30 deg C.
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.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burt (US PgPub #2018/0251241) in view of Li (CN Patent #110104226).
For Claims 1 and 8, the figures of Burt ‘241 disclose a method of controlling the temperature of temperature sensitive goods in a micro-gravity environment for micro-gravity research, the method comprising: storing the temperature sensitive goods (56) in a vessel of a temperature controlled device (10); controlling a heating element (36) to maintain the vessel at a predetermined temperature while the temperature-controlled device is in a micro-gravity environment; and powering the temperature-controlled device using batteries (52) for a majority of time while the temperature-controlled device is being transported from a normal gravity environment to space in the microgravity environment.
While Burt 241 discloses that the battery (52) is rechargeable (paragraph [0042]), it is silent about the satellite being recharged by a space station. However, the figures of Li ‘226 teach that it is known to dock a satellite with space station in order to recharge the satellites batteries. Therefore it would have been obvious to someone of ordinary skill in the art before the effective filing date to modify Burt ‘241 with the space station docking of Li ‘226. The motivation to do so would be to provide power to the system.
For Claim 2, the figures of Burt ‘241 disclose that the temperature-controlled device is powered using the batteries for an entirety of the time while the temperature-controlled device is being transported from the normal gravity environment to the micro-gravity environment.
For Claim 3, paragraph [0034] of Burt ‘241 discloses that the predetermined temperature is a room temperature between 15-30 deg C.
For Claim 4, while Burt ‘241 discloses a predetermined temperature of 15-30 deg C, it also states that the temperature can be chosen between the outer temperatures of the two sides of the satellite which are -100 deg C and 160 deg C. It is however silent about a specific temperature of 37 deg C. However, It would have been obvious to one having ordinary skill in the art at the time the invention was made to 37 deg C, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
For Claims 5 and 6, while Burt ‘241 discloses a fan that circulates air to control the temperature of the vessel, it is silent about using resistive heater or a thermoelectric device. However, the Examiner takes Official Notice that it is well known in the art to use a variety of heating elements all of which achieve the same desired goal of creating a predetermined temperature, including thermoelectric devices and resistive heaters. Therefore it would have been obvious to someone of ordinary skill in the art before the effective filing date to modify Burt ‘241 with a variety of well-known heating elements. The motivation to do so would be to reduce the complexity of the satellite.
For Claims 7 and 9, Burt ‘241 discloses that the battery is rechargeable so as to power the system as long as desired.
For Claim 10, the figures of Burt ‘241 disclose performing experiments using the temperature-sensitive goods in the micro-gravity environment.
Claim(s) 12-14 and 28-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burt (US PgPub #2018/0251241) as applied to claim 11 and 20 above, and further in view of Li (CN Patent #110104226).
For Claims 12-13 and 28, while Burt ‘241 discloses that the micro-gravity environment is outer space, and that the battery (52) is rechargeable (paragraph [0042]), it is silent about the satellite being recharged by a space station. However, the figures of Li ‘226 teach that it is known to dock a satellite with space station in order to recharge the satellites batteries. Therefore it would have been obvious to someone of ordinary skill in the art before the effective filing date to modify Burt ‘241 with the space station docking of Li ‘226. The motivation to do so would be to provide power to the system.
For Claims 14 and 29, while Burt ‘241 is silent about returning the vessel to a normal gravity, the Examiner takes Official Notice that it is well known in the art to return research vessels back to Earth so as to better study the results of the research. Therefore it would have been obvious to someone of ordinary skill in the art before the effective filing date to modify Burt ‘241 by returning the vessel as is well known in the art. The motivation to do so would be to better study the results of the research in space.
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.
Claim(s) 25-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burt (US PgPub #2018/0251241).
For Claim 25, while Burt ‘241 discloses a predetermined temperature of 15-30 deg C, it also states that the temperature can be chosen between the outer temperatures of the two sides of the satellite which are -100 deg C and 160 deg C. It is however silent about a specific temperature of 37 deg C. However, It would have been obvious to one having ordinary skill in the art at the time the invention was made to 37 deg C, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
For Claims 26 and 27, while Burt ‘241 discloses a fan that circulates air to control the temperature of the vessel, it is silent about using resistive heater or a thermoelectric device. However, the Examiner takes Official Notice that it is well known in the art to use a variety of heating elements all of which achieve the same desired goal of creating a predetermined temperature, including thermoelectric devices and resistive heaters. Therefore it would have been obvious to someone of ordinary skill in the art before the effective filing date to modify Burt ‘241 with a variety of well-known heating elements. The motivation to do so would be to reduce the complexity of the satellite.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP J BONZELL whose telephone number is (571)270-3663. The examiner can normally be reached 9-5.
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/PHILIP J BONZELL/Primary Examiner, Art Unit 3642 7/3/2026
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